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HomeMy WebLinkAbout93-012 Street Sweeping Project 93-102 93-012 STREET SWEEPING 1 of 3 PROJECT 93-102 CITE'OF CUPERTINO INTERDEPARTMENTAL Date June 2�, 1994 To CITY CLERK From PUBLIC WORKS--SUMI D Information MESSAGE: STREET SWEEPING AGREEMENT (CC, 6/20/94) ❑ Implement TRANSMITTED ARE THREE SETS OF THE REFERENCED AGREEMENT FOR D Investigate ❑ Discuss PROCESSING. ❑ See me D Reply _— -CONTRACTOR: PIAZZA MOBIL SWEEPING `-_V -- - P. 0. BOX 418 — — --------�-- SAN MARTIN. CA 95086 Reply:_ SIGNED: DATE Forward part 1 Retain part 2 RESOLUTION NO. 9118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION'OF AGREEMENT BETWEEN PIAZZA MOBIL SWEEPING AND THE CITY OF CUPERTINO PROVIDING FOR STREET SWEEPING SERVICES WHEREAS, there has been presented to the City Council an agreement between Piazza Mobil Sweeping and the City of Cupertino providing for street sweeping services; and WHEREAS, the provisions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that. the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2oth day of .rune , 1994, by the following vote: Y-M Members of the City Council AYES: Bautista, Burnett, Sorensen, Dean NOES: None ABSENT: Koppel ABSTAIN: None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk City Hall 10300 Torre Avenue Cupertino,CA 95014-3202 Telephone: (408)777-3223 FAX: (408)777-3366 OFFICE OF TIE CITY CLERK ux y .tune 28, 1994 Piazza Mobil Sweeping P. O. Box 418 San Martin, California 95086 AGREEMENT FOR STREET SWEEPING SERVICES Enclosed for your files is one (1) copy of the Agreement by and between the City of Cupertino and Piazza Mobil Sweeping, which has been fully executed by City officials. If you have any questions, please contact the Department of Public Works. Sincerely, cs KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Public Works i oil are 41 Is a. - - •1 . - is bi It to:- •• t .•.. - • - 01 oil i�•1 —ill=, •a •1�- Y' �,. �.�_.•�.� }E,, ;�Y,;,,. -• - •,c. •.t" c•. u - 3. DUTIES OF COMPACTOR. Services to be fu-mished in accordance with EXHIBIT "A" BID PROPOSAL and contract specifications. (a) Laws to be Observed. cuN ACMR shall: (1) Procure all permits and 1;cen�, pay all charges and fees, and give all notices which may be necessary and .incident to the due and lawful prosecution of the services to be performed by CrMRACIC)R under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordlrancE-s, regulations, orders, and. decrees which may affect those engaged or Toyed under this agreement, any materials used in CONIRACIbR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times cbserve and comply with, and cause all of its subcontractors and employees, if any, to observe and c=ply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) T=r diately report to the PROJDCI' YANAGER in writing any discrepancy or inconsistency 4"-. discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. 4. CCMPENSATION. For t_ne performance of the services described herein by OONIRA=R, CITY shall pay oDN RA=R the sum of SEVEN ZED TM MUM FERTEEN DOU ARS AND SWENTY TWD C MTS ($7,215.72)per month, less any dectic-tions for work not- performed and or liquidated damages, payable upon submission by 0ORMCInR of itemized billings in triplicate; provided, however, that the total stun payable to CONTRACTOR shall not exceed EIGHW SIX THOUSAND FIVE HUNDRED EICHI EMIT IXHIAIRS AND SDM FC M C MTS ($86,588.64) per year. 5. LIQUIDATE DAMAGcS. The Contractor shall diligently prosecute the work to ompletion as scheduled. The Contractor t then understands that he shall pay liquidated damages to the City of Cupertino in the sum of three hundred sixty dollars ($360.00) for each and every day that services are not ccapleted on time and/or streets are omitted. In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required to cra plete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of $60.00 per hour for each hour above and beyond one hour. 6. TERM. The term of this agreement shall be one (1) year frcan the date of execution of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the contract on a year to year basis not exceeding two years from the expiration of the original term. Any such renewal shall be acompli.shed by the City providing a written notice of renewal to CONTRACTOR at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, provided however that the parties may agree to an increase or decrease in eapensation paid to the C:MRACrOR. -2- 6. TER4. (continues:) Any increases or decreases in the previous contract price shall be bye on the Cornsumer price Index (CPI) . The CPI shall be the San Francisc)1oak-land Cznssiu;ier price Inex for all urban wage ear,less. The adjusted (whether increased or decreased) unit pries shall be coapited as follows: Divide the differences between the CPI on the anniversary date of the agreement and the CPI r:i the dates of the agreement by the CPI on the date of the agreement and multiply by the unit prices specified in the agreement. 7. TEMPORARY SUSPITNSION. `The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems neoessary due to unfavorable conditions or to the failure on the part of the OORMCIOR to perform any provision of this agreement. 8. SUSPENSION; TE PUMON. (a) Right to Susie d or Terminate. The City may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, CORMCIOR shall immediately discontinue his performance under this agreement. (b) Payment• Upon such suspension or termination, CONIMCIOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CnNI'WMR, CITY shall be obligated to cxripensate ClIRACTOR only for that portion of COMI ACItOR'S services which are of benefit to CITY. 9. INSPECTION. COMMMOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PRLI7DCT 2QKAGER's inspect-ion and approval. The insoec-tion of such work shall not relieve OONIRACMR of any of its obligations to fulfill its agreement as prescribed. 10. ASSIG?*M4 T; EMPLOYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of th-is agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to sur:.`i terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. -3- 11. N=CES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified ;nail, addressed as follows: TO CITY: Office of the city clerk 10300 Torre Avenue Cupertino, CA 95014 TO CAORMs-MR: Attention of the. PRLZ= DIRECTOR at the address of CWMCTOR recited above. 12. INTEREST TFRFST OF CONTRACTOR. OORMCIOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the sex-Aces hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that :no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, COI,MCIUR shall at all times be deemed an independent contractor and not an agent -)r employee of CI' ". 13. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and frcen: (a) Any aril all claims and demands which may be made against CITY, its officers, accents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of OONTRACMR or any subcontractor under this agreement or of CONTRACTOR'S or any ntractor's employees or agents; (b) Any and all damage to or destruction of the property of MY, its officers, agents, or employees occupied or used by or in the care custody, or control of CONTRACTOR, or in proximity to tla-- site of CONIRACIOR'S work, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of COMNACTUR'S or any subcontractor's employees or agents. (c) Any and all claims and demands which may be made against CM, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, howe-ver, any such claims and demands which are the result of the sole negligence or willful misconduct of C_LTY, its officers, agents, or employees; (d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason. of any infringemem or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and -4- (e) Any and all penalties : .ed or damages sought on account of the violation of any law or regulation, or of any tern or condition of any perirdt. i COUrRACIOR, at its own ccst, expense, and risk, shall defend any and all suits, actions, or other legal procx�edings that may be brought or instituted by third persons against CM, zts officers, agents, or enployees on any of the above claims or demands of such third persons, or to enforce any of the above penalties and pay and sati,,fy any judgment or decree that may be rendered against CI'I^l, its officers, agents, or employees in any such suit, action, or other legal proceedings. 14. WORKERS' MWENSATICN. C CNI1RACTOR ciertif ies teat it is aware of the provisions of the Labor Code of the State of California which require every e.Mlayer to bG insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will ccuq?ly with such previsions before ccmrencing the performance of the work of this agreement. 15. LNSL,ANCE. CONITRACIbR, at its sole cost and expense, shall obtain and Maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CON RACMR, but also (with the exception of workers' ccrqDensation and employer's liability insurance) , CITY, its officers; agents, and employees, and each of them with respect to activities and services performed by CONI'RACIbR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with C:ITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insared. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. C ON'IRACT SE CURITI'Y. The CONI WrOR shall furnish a surety bond in an amount equal to three :ninths of the contract price as security for the faithful performance of this Contract. 17. ACREEMENr BINDING. rLhe terms, covenant, and conditions of this agreement shall apply to, and shall bind, the heirs, ,successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deed to be a imiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. -5- 18. WA-n-ERS (continued) The subsequent acceptance by ei+Uher pad--ty of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any team, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS, AND ATPORNFVS FED. The prevailing party in any action brought to enforce the terms of :his agreement or arising out of this afire-meat may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 20. NONDISCRIlvMNATION. No discrimination shall be made in the emplvym�it of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this agreement .is, or may be, Fi,!e Thousand Dollars ($5,000) or more, OWIRACIUR agrees to meet all requirements of the O pertino Mzacipal Code pertaining to nondiscrimination in employment and to submit the "Compliance Report - Nondiscrimination Provisions of City of Cupertino Contracts". If CD?%TTRAC'POR is found in violation of the ncndisc.r imination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to dedLnt frat the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said }reach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If TRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative ac.:ion guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. 'Thereupon, CITY shall have the power to canal or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hurximd Fifty Dollars ($250) for each calendar day during which OONTRACIOR is found to have been in such noncompliance as dairages for said breach of contract, or both. 21. WAGE RATE:;. 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 ;Wade 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. -6- 1776. (a) Each MC RACICR and mibcontractor 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 COM?AMR 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 cP.rt if ied copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records ernanerat*-� in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Divisicm of Labor Standards Enforcement. The public shall not be given access to such recorr3s at the principal office of the ctiNT'MCLOR. (c) Each CONTRACMR shall file a certified copy of the records enumerated in subdivision (a) with t,e entity that requested such records within ten (10) days after receipt of a written request. (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 individuals name, address and social secxxity number. The name and address of the 0ON7RACIOR awarded the contract or performing the contract shall not be marked or obliterated. (e) The CONTRACMR shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, CITY and countiy aryl shall, within five working days, provide a notice of a change of location azxi address. (f) In the event of nonccmplianc-xt with the requirements of this section, the ODNIRACDOR shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such CDNMCDOR must fly with this section. 7 F Should noncompliarx e 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 frcr 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 re--ponsibility for ccupliance with this section on the prime CONIRACIbR. (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 (comnenci;xl with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged to reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the euployment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is enployed, and shall be evployed only at the work of the craft or trade to which he is registered. Only apprentices, as defined in Section 3077, who are in training tinder apprenticeship standards and written apprentice agreements under Chapter 4 (cc mnencinng with Section 3070) , Division 3, of the Labor Code, are eligible to be employed on public works. The enplayment 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 cONflRACMR to whcan 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 apprenticed craft or trade, the CONIRACDOR 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 certificate approving the COMMCMR 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 crarodttees, subsequent to approving the subject CONTRACTOR or subcontractor, shall arrange for the dispatch of apprentices to the CONTMCIOR or subcontractor in order to comply with this section. 8 'There shall be an affirmative duty upon the joint apprenticeship oomrLittee or coarittees admi nist-riring the apprenticeship st_a-rtazds 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. CaTMACMRS or subcontractors shall not be required to submit indivi.dtial applications for approval to local joint apprenticeship ccumit-tees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the draft or trade on the public. work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship ccumiittee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the nurrb-ar 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 exerting the CONI'RACPOR for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general CON RACIIORS involving less than thirty thousand ($30,000.00) or. twenty (2) working days or to contracts of specialty COMPACIORS not bidding for work through a general or prime CONrRACIOR, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days.- "Apprenticed craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticed occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a .ONI'RA.CMR from the 1-to-5 ratio set forth in '_his section when it 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 ir, training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the apprenticed 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 wvu:'d 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 is to be assigned is of such a nature that training cannot be provided by a journeyman. 9 When such exemptions are granted to an organization which represents CONTMAC'MRS in a specific trade frcm the 1 to 5 ratio on a local or statewide ba.^is the member Cotim;C I- will not be required to st b=d t individual applications for approval to local joint apprenticeship com ittees, provided they are already covered by the local apprenticeship standards. A OONIRACTOR to whom the contract is awarded, or any subcontractor under him who, in performing any of the work, under the contract, employs journeymen: or appr^ntices in any apprenticed craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds ocher CORRACMRS in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade .in which he eMloys journeymen or apprentices on the public work ir the same amount or upon the same basis and in the same manner as the other 0ONIRACMRS do, but where the trust fund administrators are unable to accept such funds, DONMCDORS not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The CONMCMR or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of T-abor standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. 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 apprenticed occupations with the prime CONMACMR. All decisions of the joint apprenticeship committee under this 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 OONI'RACIIMR willfully fails to comply with the provisions of section 1777.5, such C13N RACIPOR 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 nonecoplianae. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contxact progress payments then due or to became due such sum. 10 (b) Any such determination shall be issued after a full investigation, a fair and irpartial hearing, and reasonable notice thereof in accordance with reasonable rules and pros edu7 -as 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 find of an awarding body iz such awarding body is in entity other than the state. The interpretation and enforcement of Sections 177.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) . It shall be mandatory upon the COMRAC'MR, and 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 COMMCMR shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or any subcontractor under work done under this Contract by him or any subcontractor under him; and COM?ACMR agrees to comply with all provisions of Section 1775 of the Labor Code. 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 OORMCrOR shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the C DNTRACMR with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a mi.n mum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACRE' CONMAINS ALL UNDEPSTAMINGS. This document represents the entire and integrated agreement between CITY and COMMACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written ins`txument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 11 CAL-IFORKIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA Countyof __,SANTA CLARA� On JUivE 03 . 1994 . ZIGGIE DUDZIUK------------------- before me, --- C3A''6 NAME,TITLE OF OFFICER-E G "JANE DOE,NOTARY PUBLIC" personally appeared _--, T ISM PIAZZA--------------------------------- y, NAMES)OF SIGNER(S) personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-e subscribed to the within instrument and ac- knowledged to me that he/sliey executed the same in histhetittteir authorized capacity(ies), and that by his/ha444eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W eonlcn mama.roar MIM WITNESS my han a icial seal_ / SIGNATURE OF N Though the data below is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER AGREEMENT , TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ F'ARTNER(S) ❑ LIMITED GENERAL ---------- ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: J UN E 0 3 . 19 9 4 . DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -----'- - - - _ SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 M- IN WI' N SS WEL"=F, CITY and COMPACIC R have executed this agreement the day and year first above written. ATTEST: CITY OF CVPEF=40 City Clerk Mayel APPFDVED AS TO FORT: City Attorney CONI'RACIOR: Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social # Federal Tax I.D. # PliQJWr NAME & Imo: 3XREEr SWEEP ]; S RVICM, PFCGB= 93-102 SCR°S kOMWAL]LIZESS: PIA?.7A 1M, AIM P. O. BOX 418 SAN I<d, CA 95086 CLWMU%Cr $86,588.64/LEAM ACC C URr NUMBO2: 530- 402-720 F1I NUMW 50,206.01 C OMIRACT FOR arazc i ams (continued) INSURANCE A MUMME T A. Contractor is aware of the provisions of Section 3700 of the labor Code, which requires every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provision; before ccatunencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, ccutmercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. said insurance coverage obtained by the Contractor, excepting workers' motion coverage, shall name the City, its engineer, and each of its Directors, Cfficers,Agents and Employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier ar.' policy and that the insurance is in force and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability. In accordance with the worker's Ccapensation Act of the State of California - $1,000,000 per occurrence. 0 Insurance Agreement Page 1 of 2 CWMACr FCR PUBLIC WOM (continued) Public Liability e either Combined single limit of 1.0 million cortuercial general liability per occurrence; $2.o million in the or omga-ehensive general liability; aggregate. including provisions for contract-jal liability, personal injury, independent contractors and property damage coverages. Automobile Liability -- comprehensive Cranbined single limit of $500,000.00 covering owned, non-off and hired per occurrence. automobiles. �'r lr'�`•i ���A (Contrac ox i Name) r Dated: Insux-ance Aft Page 2 of 2 J OOP MCT FOR PUBLIC S (contir:ued) CERTIFICATE OF INSURANCE To Um CYTY OF CUPZUM40 This certifies to the City of 0.Tertino that the following described policies have been issued to the insured navel below and are in forve at this time. in.-Axed: PIAllA MOBILSWEEPING Address: P.O. BOX 418 SAN MARTIN, CA. 95046 Dwcription of opexa ons/locations/products insured (show contract name and/or number, if any) : ViolaCERS OWENSAT'ION *Statutory Min. *EvloyerIs SUPERIOR NATIONAL Liability (name ofinsurer) oou 5 1,00&00O $ 1,O MOO Insurar= C Tpany,£ State Lioexw No, 04 1000 Check Policy Type: Each Occurrence $ 1,000,000 caqTMJWSM GDNERAL LIAB= (x ] Promises/operations Oral Aggregate 5 (if applicable) ( x] owners & Ccntaractors OW ct gg Protective Aregate S 1' ' Cx ] Contractual for Specific 1,000,000 Contract Personal Injury $ x] Products Liability ( ] Xx Hazards (x ] Broad Form P.D. Eire Damage (any . [ ] Severability of Interest one fire) S 2S,COU clause z] Personal Injury with Medical DTense Employee Exclusion Pmwved (any one pascm) $ or Self-Insured CoMMERCIAL GIIMMAL LTABILTI`Y Retention S 3raurK TntS c. AH ram_ '(nam of insurer) policy No. 60046 40 19 Expiration Dates-28-95 Certificate of Insurance Page 1 of 2 COMRACT FOR PUBLIC WOWS (continued) AU1U4CF 'IVEJVEHICLE IJA.BII... ' BODILY INJURY PROPERTY DAMAGE CamTerc al Form Each Person Each Accident Liability Coverage Each Accident (name of insurer) $ or Corrbined Single Limit $ Policy No. 60046 40 19 E>cpiration Gate 6-1-94 PHIL ' CMAAPHoK A copy of all Ehdorseirents to the policy(ies) which in any way (agents's init) limit the above-listed types of coverage are attached to this Certificate of Insurance. 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 reguirenent, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies d-cribed herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the ,Rgreement between the City and the insured. 11"f T'f/ Dated: C� 19 f f i j Attach Certificate of Insurance and Additional Insured Endorsement on cwpany forms. Certificate of Insurance Page 2 of 2 aMRACT FOR PUBLIC FORKS (continued) ENDORSEMENT Nf OF PRIMARY INSURANCE In consideration of the policy prerium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additi gal insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Ctmpany: TRUCK INS EXCHANGE 2. Insurance Policy Mxaber: 60046 40 19 3. Effective Date of this Endorsement: 6-1- 19 94 4. Insured: PL4ZZA MOBIL SWEEPING All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, PHI" (print/type name) warrant that I have authority to bind the below listed Insurance C=pany and by my signature hereon do so bind this Cupany. , A / Signature of Authorized Representativ (original signature required on all Eido�e�nts Furnished to the District) Names of Agent/Age 'Y: ,SCHAAPHQK INS. Title: AGENT Address: P.O. BOX 1588 Telephone: 408 318 C300 CAMPBEFI", CA. 95009 Facsimile: 408 378 4321 Primary Endorsement Page 1 of 1 ADDMONAL INSURED ENDORSEMERr i In consideration of the policy premium a*r3 notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached t`iereto, it is agreed as follows: The City of Cupertino ("City") and its Directors, officers, engireers, agents and employees, and all public agencies from whcm permits will be obtained and their Directors, offiae s, engineers, agents and employees are hereby declared to be additional insureds under the t,.nm of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: TRUCK INS EXCHANGE 2. Insurance Policy Number: 60046 40 19 3. Effective Date of this Endorsement: 6-1 19 94 4. Insured: PIAZZA MOBIL SWaP PING All notices herein provided to be given by the Insurance Ccoparry to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10200 Torre Avenue, Cupertino, California, 95014. I, — ITT. SM�THOK (print/type name) warrant that I have atthority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative ,ry, �� (Original signature required on all Entfor9binefts furni&ied to the District) Names of Agent/Age-Y: SCHAAPHOK INS Title: AGEN J.' Address: P.O. BOX L588 Telephone: 408 378 0300 CAMPBELL, CA. 95009 Facsimile: 408 378 4321 Additional Insured Endcrsement Page 1 of 1 Can?ACT FOR PUBLIC WORKS (continued) COAL r irMMXrr/ cmmKIAL G MERAL r IAB111TY a a a a # ENDOMEMERr OF AGGFUMPME LIIMS OF INSURANCE PFR PHaTWr In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under Z=TS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Ccrpany: T'd1JCK INS F-KHA!\GE 2. Insurance Policy Mm--ber: 60046 40 19 3. Effective Date of this Endorsement: 6-1 19 94 4. Insured: PIAZZA MOBIL SWEEPIMG 5. Additional Insured: City of Cupertino, its Directors, Officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 1.0300 Torre Avenue, Cupertino, California, 95014. I, PHIl. ,-)C1-1AAP110K (print/type name) warrant that I have authority to bind the below listed Insurance Ccnpany and by my signature hereon do so bind this Company. '7 Signature of Authorized Representativ�,,�,�� (Original signature required on all Endd&-,ements"futhished to the District) Names of Agent/Agency: SCHAAPHOK INS Title: AGENT _ Address: P.O. BOX 1588 Telephone: 408 378 0300 CAMPBELL, CA. 95009 Facsimile: 408 378 4321 Aggregate Limits Endorsem'.nt Page 1 of 1 C ONTIRACT FOR PUBLIC WORKS (continued) WAIVER OF S1J1T<OGAT_TON ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and notwitrtstandi g any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the insurance Cerny waives any right of subrogation it may acquire against the City of Cupertino, and each of its Directors, Officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFOR44AT-0N 1. Insurance Company: SUPERIOR NATIONAL INS COMPANY 2. Insurance Policy Number: WN 29502-A 3. Effective Date of this Endorsement: 6-1 , 19 94 4. Insured: PIAZZA MOBTL S14= NG All notices herein provided to be given by the Insurance Ccapany to the City in connection with this policy and this Additional Insured Etndorsen ent, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, BART n KFR T_ S (pry/type name) warrant that I have authority to bind the below listed Insurance COnPany and by my signature hereon do so bind this Ccapany• Signature of Authorized Representative: ' •'f f (Original signature required on all o to the District) Names of Agent/Agency: KART[jC1:FR INS S 'RVI .F.S Title: Address: 29.�1 s.-7N . Fs`t g Bi-`. Telephone: 408 _ 288 6262 _ A!jPRF1J-, C.A. 55150 Facsimile: 406 280 08Ll Subrogation Erklorsement Page 1 of 1 aWIRACT FOR PUBLIC WORKS (continued) NOTICE OF POLICY CANCEL.T ATION FNDORSkM -Ir In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits, or materially altered, except after thixty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City") . Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Coupany: TW IC'K T Nq RXC HAKE, 2. Insurance Policy Number: 6004d, zn 1q 3. Effective Date of this Endorsement: h_1_ 19 . 4. Insured: PIAZZA MOBTl Sts PIM All notices herein provided to be given by the Insurance Cerny to the City in connection with this policy and this Additional Insured ErdorsezaQnt, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, PHIL SGHAQPHOK (print/type nine) warrant that I have authority to bind the below listed Insurance Ccapany and by my signature hereon do so bind this Ccupany. Signature of Authorized Representative: .� (Original signature required on all Ux furnish6d to the District) Names of Agent/Agency: S( A.APHOK TNS Title: AGFM Address: P.O. BOX 1588 Telephone: _408 37S MOO CAMPBEU, CA 95009 Facsimile: 408 378 4321 Cancellation Endorsement Page 1 of 1 ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER State of California County of SANTA CLARA _.__ ❑ INDIVIDUAL(S) On 6/6/94 before me, LINDA K. LA MARR ❑ CORPORATE DATE NAME OFFICER(S) TtrtF LYNN MARTEN WILEY (s> notary public, personally appeared ❑ GENERAL PARTNER(S) (❑� LIMITED PARTNER(S) NAME(S)Of SIGNER(S) ❑ ATTORNEY-IN-FACT personally known to me-OR- ❑proved to me on the basis of satisfactory evidence to ❑ TRUSTEE(S) be the personW whose name(4 is/4M subscribed to the within instrument and acknowledged to ❑ GUARDIAN/CONSERVATOR me that br/sheMM, executed the same in bWher/their authori2ed capacity4ivs), and that by ❑ OTHER: $i5/her/tbxk signature(le)on the instrument the person(sd,or the entity upon behalf of which the person(4i acted,executed the instrument. Witness my hand and official seal, _ SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(iES) Y f cornet ov.)3ea STAR INSURANCE COMPANY Sirr;:Uc C+�7lWNU Vnln Clara Gh:nrr' ;1 i •. . L ,- :•y Cemm Cares A;g.I J.19nt; 11 (SEAL) SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OF'nONAL,it could prevent fraudulent attachment of the certificate to unauthorized document. • THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document �t TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above FSA 00415 Rm A/43 e• BOND NO. SA1007039 FAITHFUL PEPY0149010E BM BOND PREMIUM BASED ON • FINAL CONTRACT PRICE KNOW ALL MEN BY TfUM PRESIM: MW WE, TIMOTHY PIAZZA DBA PIAZZA MOBIL SWEEPING as Principal, (ccd*ractorIs name) and STAR INSURANCE COMPANY . as may, (bonding cony°s name) of c�1 are held and firmly bound unto the C_itv of ��A 1 U 1 in the sum of `STY-ONE TIIGUSAND SIX HUNDRED f1a3 ($21 ,648.00) maney of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, a eautars, suc and assigns, jointly and severally, firmly by these dents. TAE Ol?FIDmw of the foregoing obligation is such that, 1HRUAS, the Principal has entered into a contract with the City dated MAY 1 ,19 94 with the obligee to do and perform the following work to-wit: STREET SWEEPING SERVICES Now, THEpj2x=, 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 farce and effect. iN WI'IIJm wwwF, this instrunient has been du .y executed by Principal and Surety this 6TH day of JUNE , 19 9 (To be signed by Principal and surety. Notary acknowledgments required) / TIMOTHY PIAZZA DBA PIAZZA MOBIL SWEEPING Pruclpal 'TAR INSURANCE COMPANY Surety 100 CENTURY CENTER CT. #140 SAN JOSE, CA 95112 By. Attorney-In-Fast LYNV MARTEN WILEY The above bond is acoepted and approved this day of ,19 Faithful Performance Page 1 of 1 STAR INSURANCE %'-"'/OMPANY GENERAL POWER OF ATTORNEY NO.: SA 1 007039 KNOW ALL 4tEN BY THESE PRESENTS,that Star Insurance Company has made, constituted and appointed, and by these presents does make,constitute and appoint LYNN MARTEN WILEY OF SAN JOSE, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name.place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of two hundred fifty thousand (52509000°00) dollars. This Powei of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January,1993. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board.the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company be.and that each or any of Zhem is,authorized to execute Powers of Attorney qualifying the attorney-in-fad named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of saretyship:.uid that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF.STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7th day of February, 1994. Attest: STAR INSURANCE,fJ(3JMP/A� Ro ert S.Cubbin, ice President Marc S.Wilmer,Senior rice President STATE OF NUCHIGAN } } ss.: COUNTY OF OAKLAND ) On this 7th day of February,1994,before me personally came'Marc S.Wilmer,to me known,who being by me duty sworn,did depose and say that he is a Vice President of STAR INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that' s affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. -7 � � M I u Chorazyczewski NOTARY PUBLIC MAR OTARY PUBLIC STATE OF MiQ$CAir OAKLAND COUNTY CERTIFICATE MY COMMISS(OiV EXP.SEPT2519% 1, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the city of Southfield in the State of Michigan. Dated the 6TH DAY OF JUNE 1994 Ilwy to R aud,,Assistant Secretary 6031-Feb.94 Page 1 of 1 Iv ��+Ybcwvmal BID PRCFCGkL PAWECT 93-102 TO: 'ITM DIRECIOR OF PUBLIC WORKS, CM OF CLIPFRMO, SI'AT8 OF CALIFORNIA Dear Sir: In compliance with the Plans and Specifications furnished for the work of the Street Sweeping Project in the city of Cupertino, Project 93-101, the undersigned, hereby declare that I have read the primal requirement, visited the sites, and a)m nined 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 txanspartation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given a3 a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will corm but reserves the riot to increase or decrease the amount of any class or portion of the work or to omit items or particre of work caned unreoessary by the Engineer. n e City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advanttagecus proposal, to reject any or all bids, or to waive any irregularities in the procedures. 'Ihe work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to ocmplete the Street Sweeping Project, Project 93-101 as described in the Special ProvisionLs. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of O14)ertim the sutra of lbree HImh-ed Sixty Dollars ($360.00) per clay, for each and. every day servi -s are not completed as scheduled and/or specified. RC U rIM SWEEPING: Bid Est-Qty. Unit Item Unit Its Price Total 1. 628 miles per mo. Street Sweeping II EFC04CY AND AMIfiIOHAL SWEEPIM: 1. EtnPxgency and additional Street $��/hr /hr. Sweeping on hourly rate 2. Emergency and Additional Street Sweeping per Orb Mile PROPOSAL PAGE 1 OF 6 NCHCOZI7ION AF Tl hVIT TO BE BY SILXM AND WM BID I, the undersigned, Ding first duly sworn, deposes and says that I am of (Business Title) (Business Name) - the party making the forming bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or gyration. The bid is genuine and not collusive or sham. The bidder has not directly or uxiirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder car arrjw a else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, s=bt by agreement, : mication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to seam any advantage against the public body awarding the contract a: anycne interested in the wed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any ccrporaticn, partnership, omparry, association, organization, bid depasitory, or to any member or act thereof to effectuate a collusive or sham bid. Proposal Page 2 of 6 in further compliance with the specifications ftaTdshed, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this prowl. We have been in business under the present name for - 4-L_ years. Our experience in work comparable with that req+iired by the proposed contract is 'S years operating tuxier the following different name(s) . My California Om*ractar's License Number is nie classification of my factor's License is The expiration date for my Contractor's License is * (This Section for City use Only) * The above information has been verified by on * Contractors State Lim Board (800) 321-2752 or (408 277-1244. Where federal Roads are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of Calif riva, Never, at the time the contract is awarded the contractor shall be properly liensed. Proposal Page 3 of 6 • HgDER HL91XM OF WORK The following is an example of work similar in character to that required in the proposed contract which a= organization or personnel in ors organization has ccepleted within the past three (3) years. Wham Phone Year Location Class For Performed Number Amc u t y c7 f(�� �>1 ►�'1�f�oo�+s��`� i ' A�-t,�a YY�Bb, Swt r p.n1 r OUy 4 r �8�� O�'��a►Va�q�`�.rG� -z,.. w1.o(�,� �_ c-t�a� � � c6� 0007 �r Prgmal Page 4 of 6 i SLMC CNn*: IuV S FC M! The subcmitractor m , as defined in the General Provisions anct in Section 7026 of the California Businesa and Professions Code, that T propose to hire to perform any of the work for this project in an amomt in excess of one-half of one percent (0.5%) of the total bid are listed below. only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Dante Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed Proposal Page 5 of 6 l rIM'S FORK IF YOU ARE AN INDIVMUAL, So STATE. IF YOU ARE A CCMPANY OR A CO-PAS, SIXTE UM OCWANY ME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARMMRS, CC160SIM THE aCMANY. IF YOU AREA CCRPCRATICN, S= THE TBGAL NAME OF n1E OOWRATIGN AND 71M NAMES OF U' PRESMENT, SECPXDM-qREASURER AND MA19W". ralE CanDCRATE SEAL MUST BE AFFDED TO UnS F - ENTER n1E NAME OF YOUR BUSINESS ON UM LINE OPPDSrM APPROPRIATE BUSINESS TYPE. BUSINESS J ,- c .�c� ,n NAME OF BUSINESS J OC AZIION: CO-PARII ERSHIP:INDIV=UAL: ' ' Z.Z P� OG n t , JOINT VEMU E: OTHER: (Describe) "?Name and Signature of Bidder: J A type nwe) Date: Address (mailing & location) : Telephone NUmber: Acknowledgmen.t of all addenda reoeiv l is required by circling each addendum number. 2 3 4 S 6 7 S 9 10 I Paul Page 6 of 6 IlkCit4 of Cupertjn® 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone:1408)252-4505 FAX:(40a)252-0753 DEPARTMENT OF THE CITY CLERK June 24, 1993 Universal Sweeping Services 525 Sunol Street San Jose,California 95126 CONTRACT FOR PUBLIC WORKS-STREET SWEEPING SERVICES, PROJECT 93-102 Enclosed is one (1) copy of the Contract for Public Works between the City of Cupertino and Universal Sweeping Services which has been fully executed by City officials. This contract was awarded to you on April 6, 1993. Enclosed please find your bid bond. Sincerely, Cs 4-L DOROTHY eORNELIUS, CIVIC CITY CLERK DC/cs Encl. cc: Department of Public Works D. THIS AGREEMETr, made and entered into this 1st day of May, 1993, by and between the CITY OF a pE arm, a municipal corporation of California, hereinafter referred to as 11=11, and UNIVEWAL SWEEPIM SERVICES, a Contractor with offices at 525 Sim Sr., SAN JOSS, Ch 95126 hereinafter referred to as 11OONPRACPOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain the CW1RAC 0R for SiVIFTSUEEPM �S CES; and WHEREAS, CITY desires to engage ODNI'RACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, `I'I MRE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. 2. PROJEIC.r COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. The Public Works Superintendent hereby is designated as the PROS= MANAGER for the City Manager, and he shall supervise the progress and execution of this agreement. (b) Contractor. OONrRACTOR shall assign a single PI<W= DIRER to have overall responsibility for the progress and execution of this agreement for CDNTRACr0R. STEVE HIRASSW hereby is designated as the PROUECT Dr12DC.m FOR ODNI'RAGTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PRO= DIRE7CPOR for any reason, the PROJDCT DIRDCMR designee shall be subject to the prior written acceptance and approval of the PRCa= MANAGER. -1- 3. DUTIES OF CONTRACTOR. Services to be furnished in accordance with EXHIBIT "A" RID PROPOSAL and contract specifications. (a) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR order this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in COMRACIOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PRaTECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. 4. COMPENSATION. For the performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR the sum of SIX THDUSW AIIM HMMW AND FIFI`SC cmE DOIiAiiS AM NIlMY SIX CENTS ($6,951.96) per MUM, less any deductions for work not performed and or liquidated damages, payable upon submission by CONTRACTOR of itemized billings in triplicate; provided, however, that the total sum payable to CONTRACTOR shall not exceed EICH Y THREE 11EUSAN D dUM H[IiRIUD AND TWENTY 7HIM DrKILARS AND FIFTY IUD CENTS ($83,423.52) per year. 5. LIQUIDATED DAMAGES. The Contractor shall diligently prosecute the work to completion as scheduled. The Contractor further understands that he shall pay liquidated damages to the City of Cupertino in the sum of three hundred sixty dollars ($360.00) for each and every day that services are not completed on time and/or streets are omitted. In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of $60.00 per hour for each hour above and beyond one hour. 6. TERM. The term of this agreement shall be one (1) year from the date of execution of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the contract on a year to year basis not exceeding two years from the expiration of the original term. Any such renewal shall be aeecuplished by the City providing a written notice of renewal to CONTRACTOR at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, provided however that the parties may agree to an increase or decrease in ccupensation paid to the CONTRACTOR. -2- 6. TEM. (continued) Any increases or decreases in the previous contract price shall be based on the Consumer Price Index (CPI) . The CPI shall be. the San Francisco/Oakland Consumer Price Ineex for all urban wage earners. 'Me adjusted (whether increased or decreased) unit prides shall be conpited as follows: Divide the differences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI on the date of the agreement and multiply by the unit prices specified in the agreement. 7. TBIPORARY SUSPENSICN_ The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreerment. 8. SUSPENSION; T INATION. (a) Right to Suspend or Terminate. The City may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, CONTRACTOR, shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services which are of benefit to CITY. 9. INSPE EON. CONTRACTOR shall furnish CITY with every reasonable Opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PRaJE)CT MANAGER's inspection and approval. The inspection of such work shall not relieve. CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 10. ASSIGNMENT; EVIPWYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. -3- 11. NOMCES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 ZO OONT'RACIOR: Attention of the PRQTDCT DIRBMM at the address of OONI'RACTOR recited above. 12. IlnTRM OF aWRACIICR. CMRACMR covenants that it fitly has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. ODRIRACIOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CDNTRACIOR certifies that no one who has or will have any financial interest under this aunt is an officer or employee of CM. It is expressly agreed that, in the performance of the services hereunder, OONTRACMR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 13. INDFI+'NM. ODNMCTOR hereby agrees to indemnify and save harmless CrrY,, its officers, agents, and employees of and from: (a) Any and all claims and demands which may bE-, made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of OONIRACIOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents; (b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care custody, or control of CONTRACICR, or in proximity to the site of OONTRACIOR'S work, caused by any act or omission, negligent or otherwise, of COMMCIOR or any subcontractor under this agreement or of OONTRACMR'S or any subcontractor's employees or agents. (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of ODMMCDOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CCNTRACIOR or any subcontractor under this agreement; and -4- (e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. CONTRACMR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may to rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. 14. WORKERS' COMPENSATION. OONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before conmeencing the performance of the work of this agreement. 15. INSURANCE. CONTRAC MR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least "A" VII rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. CONTRACT SECURITY. The OONrRACIOR shall furnish a surety bond in an amount equal to three months of the contract price as security for the faithful performance of this Contract. 17. AGRONENr BINDING. The terms, covenant, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS. The waiver by either party of, any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. -5- 18. WAIVERS (continued) The subsequent acceptance by either party of any fee or other money which may became due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATPORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreEzent or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 20. NONDISCRINIINATION. No discrimination shall be made in the enployment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five 'Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to submit the "Compliance Report - Nondiscrimination Provisions of City of Cupertino Contracts". If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which OON W.CTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 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 Contrart 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. -6- 1776. (a) Each CONTRACTOR and subcontractor shall keep an accurate payroll record., showing the name, acidness, 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 erployee employed by him or her connection with the public wank. (b) The payroll records eramerated 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 request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the CONTRACTOR. (c) Each CONTRACTOR shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. (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 individuals 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 country and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the CONTRACTOR shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. 7 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 CON RACDOR. (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 (eomrencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged to reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. 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 apprenticed craft or trade, the OONTRACMR 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 certificate approving the CONI'RACMR 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. 8 There shall be an affirmative dtity upon the joint apprenticeship .:xmaittee 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 draft 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. 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 (2) 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. "Apprenticed craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticed occupation in accordance with rules and regulations prescribed by the Apprenticeship council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1-to-5 ratio set forth in this section when it 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 kc) If there is a showing that the apprenticed 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 assigrmient 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 is to be assigned is of such a nature that training cannot be provided by a journeyman. 9 When such exemptions are granted to an organization whicl-, represents aWMCIIORS in a specific trade from the 1 to .5 ratio on a local or statewide basis the member CCNMAC:' ,S 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. A C ONMAC1'UR to whcros the contract is awarded, or any subcontractor under him who, in performing any of the work, under the contract, Toys journeymen or apprentices in any apprenticed craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other coNTRAciuRS in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the sue:::; mount or upon the same basis and in the same manner as the other DON- ',--MRS do, but where the trust fund administrators are unable to acxk°eat sue..-h funds, C ONTRACIORS not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The CONIRACrOR or subcmntractor may add the amount of such contributions in eemputing his bid for the contras. The Division of Labor Standards Enforcement is authorized to enforce the Payment of such contributions to the fund or funds as set forth in Section 227. 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 apprenticed occupations with the prime CONTRACIOR. All decisions of the joint apprenticeship committee under this 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, nrmti.onal 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 OONTRACMR willfully fails to fly 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 deter umtion 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. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding bocty shall withhold from contract progress payments then due or to became due such stun. 10 (b) Any such determination shall be issued! after a full investigation, a fair and impartial hearing, and reEsonable notice thereof in aecord-w-v- 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 in entity other than the state. ahe interpretation and enforcement of Sections 177.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) . It shall be mandatory upon the OONTRACIOR, and 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 CORMCIOR shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or any subcontractor under work done under this Contract by him or any subcontractor under him; and CONTRACTOR agrees to comply with all provisions of Section 1775 of the Labor Code. In case it banes 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 CONTRACIOR 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. AGREEMMU OONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations; representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 - State of California ate OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER 'County of_Santa Clara Though stature does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. On 4/22/93 _ before me, Tracy D. Pao, Notary Public ❑INDIVIDUAL DATE NAME.TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC' ®CORPORATE OFFICER(S) personally appeared Tom Anthony President NAME(S)OF SIGNER(S) TITLE(") ® PARTNER(S)personally known to me-OR-[] proved to me on the basis of satisfactory evidence ❑ ❑ LIMITED to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the srAL person(s) acted, executed the instrument. f. i . D. PAO SIGNER IS REPRESENTING: c> CALIrORNIA WITNESS m hand and Official Seal. NAME OF PERSON(S)OR ENTITY(IES) HA COUNT' Y r,:, ;t,a, 6 1995 Universal Sweeping Svc SI T E OF NOTARY OP ZONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Agreement THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 9 DATE OF DOCUMENT _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMEr?ABOVE ,0992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 IN WrMESS WMEOF, CITY and QWMCICR have executed this agreement. the day and year first above written. A7=: CITY OFaJPERTIM City Jerk Mayor a - APPROVED AS TO FORM: City Attorney APPROk ED: Assistant to ty '+7anager — erector of Finance Tom Anthony Universal Sweeping Service UOVM ACI' FOR PUBLIC WORKS (continued) INSURANCE AGREEMERP A. Contractor is aware of the provisions of Section 3700 of the Labor Cade, which requires every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, autoacbile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a ,ertificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, subcontract work, contractual obligations, product or complea d operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' ccmpensation coverage, shall name the City, its engineer, and each of its Directors, off icers,Agents and Employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better. Worker's Compensation Liability. In accordance with the Worker's Ccupensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 C WMACr FOR PUBLIC VURKS (continued) Public Liability e either Owbined single limit of 1.0 million vial general liability per occurrence; $2.0 million in the or canpre-hensive general liability; aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages- Automobile Liability e comprehensive Owbined single limit of $500,000.00 covering ownel, no,:-owned and hired per occurrence. automobiles. _ 1 _ Universal Swee ing Service By: v (Contractor's Name) Dated: April 22, 1993 19 Insurance Agreement Page 2 of 2 CERTIFICATE OF INSURANCE This is to certify that the policies of insurance listed below have been issued to the insured named below 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 & conditions of such policies. Limits shown may have been reduced by paid claims. This certificate does not amend, extend or, alter the coverage afforded by the policies below. Certificate Holder's Name and Address: Insured's Name and Address: CITY OF CUPERTINO CLASSIC CAR WASH, INC. , ETAL 10300 Torre Ave. UNIVERSAL SWEEPING SERVICES, INC. Cupertino, CA 95014 P.O. Box 5993 San Jose, CA 95150 Insurance in force only for hazards indicated by "X" EESCRIF= SCHEDU1Z I I Iim IFa= I I TYPE OF INSMtANCE I POL= NROM AND I FFFDCt'IVE I EUMMIM I L24M of LIABILITY 1 1 IISSUING MANY IDA'TE IDKM I (*Limits at Inception) _) GAL YL4BILTY INATIONWIDE MM AL TNS W40E CO. I General Aggregate* $2,000,0001 I[X] Premises-Operations I I I I Products-Completed/ I I[X] Products-Canpleted Operations 173PR507197-0001 13/20/93 13/20/94 I Operations Aggregate* $2,000,0001 I operations i I I I Each Occurrence $1,000,0001 [X] Personal & Advertising Injury j j 1 I Any One Person/Organization $1,000,0001 I[X] Medical Expense I I i I Any One Person $ 5,0001 1[X] Fire Damage Legal I I I Any one Fire $ 50,0001 ([ ] Other Liability I I I I I I I { A MCME LIABILITY INATIOWIDE nM]AL INSURANCE CO. I I I[X] Business Auto I I I I wily Injury OCCURRENCE I[ ] Garage 173BA507197-CO02 13/20/93 13/20/94 i (Each Person) I[X] Oamed I I I I (Each Accident) 1 i[X] Hiree ! I I I Property Damage I I[X] Na,,- { I ( I (Fach Accident) Ccmbi„ed Single 1 I I I Limit $1,000,0001 1 MUMSS LIABnM I R) CEIVE�l 1 1 1[ ] Umbrella Form I I Each Occurrence $ 1 h Aggregate $ 1 IYI I I STATUTORY LIMITS i[ ] Workers' Commmpensatim I Cfi� OF cuPEP11e10 I Bodily Injury Each Accident i I and i kU.ILDJKG P," I by Accident $ t 1 &qA"J" ' Liability I I I I wily Injury Each Employee I I I by Disease $ I I I I I Bodily Injury Policy Limit j $ II t ] Other $ ( I I I I I Should any of the above described policies be cancelled before the expiration date thereof, the insurance company will mail 30 days written notice to the certificate ho, de lnamed above. Description of Operations/Locations/ Vehicles/Restrictions/Special Item Age",it Re: All operations of the named insured as covered by the policy or endosements attached thereto. NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE FIRE INSURANCE COMPANY Attachments: NONE COLUMBUS. OHIO Date Certificate Issued: 5/12/93 Countersigned at: Los Gatos, CA POLICY NUMBER: 73PR507197-0001 NAMED INSURED: CLASSIC CAR WASH, INC. ET AL UNIVERSAL SWEEPING SERVICES, INC. P.O. BOX 5993 SAN JOSE, CA 95150 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 WHO IS AN INSURED (Section II ) is amended to include as an insured the Person or Organization in the Schedule, but this insurance with respect to such Person or Organization applies only to the extent that such Person or Organization is held liable for your acts or omissions arising out of and in the course of operations performed for such Person or Organization by you or your subcontractor. The Insurance Company will mail or deliver to the Additional Insured shown in the schedule, 30 days written notice of the company cancellation or non-renewal of this policy. Cas . 4190 THIS ENDORSEMENTS EXPIRES ON 3/20/94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REV IT aAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NATIONWIDE INSURANCE CO. 73PR507197-0001 5/12/93 NAMED INSURED AUTHORIZED REPRESENTATIVE CLASSIC CAR WASH, INC . ET.AL UNIVERSAL SWEEPING SERVICES, INC. E.K. HOFFNER P.O. BOX 5993 LOS GATOS, CA SAN JOSE, CA 95150 COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES IT IS AGREED TO ADD ADDITIONAL INSURED PER ATTACHED CAS . 4190 Adthoriied Representative Signature IL 12 01 11 85 (XWfRAcr FOR MMIC Wi m:s (caontirru2r3) ctra MIVE GENERRL LTABI1ITY1 COMMIAL GWEPAL LIABIL.I?I'Y it 4r A ie A ErtdoltS r OF AOMBGM z,L CM OF JLNS RANCE PER PRQTDCT .._ In c omideraticnt of the policy premium aril mtw.ithstatYling any i.ncm- sistent statement in the policy to which this Endow )t is attad-ted or any other Bndorsenwnt attached thereto, it is agreed as follows: 'this Ehdorsew-nt vrAi.fies the .inmirance provided um1w fire Gvieral ,Liability Cbverage part. of the helow-refererxmd policy of .insurance. 7hP. grmPra.l aggregate limit trtder LIMITS OF INSURANCE applies separately to the pro jo-et denc-r.ikmd an POLICY INFCJItMt rj(1 V 1. Insuranm fJcvMny: NATIONWIDE MUTUAL INSURANCE COMPANY 2. lrr atrancv Policy Number: 73PR507197-0001 3. fffex.t_i.ve Date of. this Fdorsewitt: May 12 , 19 93 4. TM%Ar d: UNIVERSAL SWEEPING SERVICES 5. Additicnal :Duured: City of Cupertino, its Directors, Offxoer9, agents and employees. A11 nati.ces herein provided to be given by the z[usarwK>-. Cry to the City in cxxuiection with this ,policy and this Rdditiotnl Insured MuirrsQuent:, 4,all bp mailed to or delivered to the city at 10300 Tot-re Avenue, t tino, (ali foniia, 950.14. I, ERIC K. HOFFNER (P'Int/type ) warrant that-1 have wuthreritcy Oomlmny 010 by try signature hererni do so bilid this any._.., Signature of Authorized Representative: (arig.ina) signature required ai all. EY4-u'r--u-itwnntts�1 sired to tie '6tiER tf Nary of Agmt:/ALgwicys E.KW HOFFNER Title: OWNER AddrfAq: 20 S. SANTA CRUZ _#308 Telephone: LOS GATOS, CA 95030 F�acm mile: (408)399-5265 Aggragat.p Limits Frdorsement Page t of 1 IB1'd ..w0-0I . . . . . . . . . . . . . . . . . . . . . . . £E:bl EB-8S-b0 (17P1 lucr FUR F4MLIC M K.'S (cxmtlt l) ENIJC7RSDOU OF PRIl4 W INSURANCE Il) ooraideration of the policy prmnium and notwithstanding my in=j- sistent statement in the policy to whidl this Eld0r9emeht is ntUiChed or any othex Wursam* attacied thereto, it is mAved as folidws- 7toe insurance afforded by this policy is pricey immance, and no addit.ioml insurmve held or awned by the designated acidi.tta nal. insured(s) shalt, be called upon to cover a lass lnrnder said aciditioml policy. POLICY .INgYJMT10N 1. Inr►iranoe any: NATIONWIDE MUTUAL INSURANCE COMPANY 2. IYYA"'nrm F01 icy t tmlber: 7 3 P R 5 0 719 7-0 0 01 3. Effective Data of this llxlors n MAY 12 � J 1993 4. insured: UNIVERSAL SWEEPING SERVICES All Imt.ioes herein providw to be given by the Instiranm Cbnp1vV to tlbe City in CO3V*Ctian with this i,alicy and this A& tional Irrosucvci F AwRement, shall be mali.ed to or delivered to Use City at 10300 Torre Avarde, O :m-tim, c�alifvniia, 95014. i, ERIC K. HOFFNER (print/type r> m) warrant UTt IL have authority tSn b t�i � tx=toc,►- ��3 L'csuraAtioe Cte��rry arks by my si.gnabixe hE n do so blul Mis any. Signaturp aC Authorized IkTxegentativef'J- .. (Original sigrnabire tvTitmd on all 0110—rsPamntsf 1E'1-dkFFA& to the D str cE)' Nimes of A9ea't/1lige1ncy: E. K. HOFFNER_ Title.$ OWNER Telephone: (408 399-5262 t� GATO,,,._C-A 95Q30 FRE Simile: (408 ) 399_5261. Primstry F2 tgnit Page 1 of 1 r�.,r ,..-cic Fe:Ni r.o-tea iq 93-012 STREET SWEEPING 2 of 3 PROJECT 93-102 NG STATE PO BOX 807 SAN FRANCISCO,CA 94 1 0 1-0807 COMPENSATION INSURANCE FUN CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1069681 - 93 ISSUE DATE: 06-01-93 CERTIFICATE E),PIRES: 06-01-94 CITY OF CUPERTINO ATTN CARMEN 10300 TORRE AVE CUPERTINO CA 95014 This is to certify thai vve have issued a valid Workers' Compensation insurance policy :n a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation, by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days` advance notice should this policy be cancelled prior to !ts normal expiration. This certificate of insurance is not an insurance policv 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 insu ante may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06/01/93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME APACHE PIPELINE CORPORATION APACHE PIPELINE CORPORATION PO BOX 8110 SAN JOSE CA 95155 PRINTED: 05-21-93 P0408 t RECOVED, XA.P'-� -F 51,5FUGATION nM2�5 LP_X -" t-j iom') IvCPJaTRIS MKIFNSAIM; LN- SUPA NCE MAY - CITY OE U-APERTING OUILDING PE-T. In C47isideration ct the pal icy iwenjLzu and N)twit-11st"a;rIL9 any incx.7 Sio-'ant staterimt J-n t-w rolicy te, thi.; FtAo-- .Fvwnt- is -jttj(- other EM-arsement attad-,i�d *:hereto, it :s agreed as follows: I.Wd or a,y It is aqTead that with respect to such iiS=aMe o� is afforded by the policy, tbo- Zmurancv CorparW w-Ai-Qr. any r;.qht of cwtnm-qation it ray acquire against the C-ity of Cupertino, and each of US Directors, Offioers, age:-jts, "Als-ultal-its " erVloyees by rt.*-,&tx,,?i of any j;cy-,w-nt mldc or of inji-my, including death resultirr., therefrm, eustained by am mployee at t,.,Ie irmKLZW, tu-ibbq A;t cif Uie jx�foi7arvoe c-X the above-referenced Contract. POLICY VmmM7--ON 'x Cmpp-my: Republic Indemnity Company of America 2. Insurarmne Policy Nu use;. PC943612 3 Ef f9CtiVe Dat'A- of this Endorsmnant: __April 1-9, 19 93 4. TmurpA: -- Universal Sweeping All. not--:rAm twxein pm,ided IM be cj.,'-ven by the insurance Ompany to the City in connection wit�,i this policy and tl-ds Addit-Loml Irmz-ed Ebdorsevent, shall h—P r%Ri' !Pd to nx dpli'vpured to the City at 10300 Torre ,'ivenup, Cupertim, California, 95014, -11 Edward A. Millersjr. -- n-mmy-P C any and(T-irivit/typo naTm) sted It. rn arrant tbat I have a,,.A-Uorjtj to Ind by zV signature hereon do -w,- k-,.u-d U--13 Signature of ;wt1jor'zW F.up.: Itative (Original signature req-11red on all Tor is fUrnished to the D ,�) Names Ot Plinn, Cray & Hercerich Aqent/A-qercy, Title: Partner Addre5s: 3600 W Bayshore Road 7vej%Mne: 415 858 0600 Palo Alto, Ca 94303 Facsimile: 415 858 0456 ,uhrogati= a-dcwsawnt PRLr- 1 of I . . . . . . . . . . bS Eke E6-61 Mn?AC:' MR PL'BL;C WOWS ;continued*, 14oriIa Or POLICY CANCELLATION RMORM444T' /5k" In oomideration ct the pol:ici prm.,I a and eu y i ncxx,,-- si.s`ceent statenent in the policy to which this. rear -nt Is attAcK-:vi or any offer Lndorsewnt attaMEKI t1weto, it is agreed as folicA.s- C&-scellattion, Notice. The insure afford by this xolicy shall nc t be suspended, void canoelled, reduced in cever3;e or Li lkrd t3, or, materially altered, except after thirty(30) ;clays' prior writter, Ty.-,tie by c aZtified trail, return receipt: req iestW, has been gi n to the Cif-, or J tjj o ("City") . SLrh notice shall be addressed to the C1ty as "icated below. POLICY DMOM TION 1. ZrZurarCe ,']y: Republic Indemnity Compahy_of America 2. Ir dwrw oe Policy Pal ,*P.r: P C 9 4 3612 3. Effective Date of this EWo!,,-senrmt:: 4/19 -----_-- -- -�' 19 93 4. fired• Universal Sweeping All r=ices :herein provided to be given b the ITsura-tm CaqwV to the City am Qcnrxctian with ,:his galaxy shall be mailed to or delivered to the City at l000 Torre Av me, a4ertina, California, 95014. it Ldw ard A. Miller Jr. (prin / ram) warrant that I have authority to buii tFe Gel~.w eed Ins'uzcunce CaW.,y and by my simatae harem do so hind this Coupany. Signature of A;.BthorIzeCl RAp)Yesentative:�, {Original signatixe required on all Fz-41or-semnts Names of Flinn. Gray & Herterich Partner Agent/ Y: Title: Ad'sess. ` 3600 W Bayshore Road y 'I le�lor7E'2 415 858 0600 �— Palo Alta, Ca 94303 Facsimile. 41.5 858 0456 czrcA}l atior. EMorsewnt Page 1 of I . . . . . . . . . . ns :e0 cs-et-�tn 4. Larch 26, 1993 1 City of Cupertino Mr. Bert J. Viskovich, Dir, Public Works City Hall 10300 Torre Ave. Cupertino, CA 95014 Dear Mr. Viskovich: I would like to thank you for the opportunity to bid on your Street Sweeping Project 93-1102. Please find enclosed our proposal and bid bond. For your consideration, i am working currently on a base map of the City of Cupertino on my Microstation CAD workstation. If you have any interest in seeing my results, and/or obtaining the data, please do not hesitate to contact me. We will be using our base map in conjunction with a database of streets to provide custom reports for the Public Works Dept., in the event we become the contractor. I will gladly show you, at your request, some sample data and report formats that we are currently using to good success in other cities. I look forward to the working with you in the near future. Sin I even Mirassou Director of Operations i Universal Sweeping Service BID FIXFOEML FMIE r 93-102 TO: THE DIREC M OF PUBLIC w;OIWS, CrN OF CUPE Mo, STATE OF CALIFUFe IA Dear Sir: In compliance with the Plans and Specifications furnished far the work of the Street Sweeping Project in the city of QUPWtiW, Project 93-101, the undersigned, hereby declare that I have read the Proposal requ rewent, visited the sites, and ermined 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 S a &de., I further that said Prices include all casts including, but not limited to, local, state and federal taxes, and traU=JAart�:,.;cn costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for cmgmrisan of bids. The City of 04Mtino does not state that the actual mount of work will correspond but reserves the riot to increase or decrease the ant of any class or Portion of the work or to omit items or Portions of work deemed sary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based an the mast advantageous Proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be dare consists of furnishing all labor, methods of Process, tools, machinery and material required to complete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to oaupletion as scheduled. I itwther understand that I shall pay to the City of Cupertino the sum of nWee M8dred Sixty Dollars ($360.00) per day, far each and every day services are not completed as scheduled red/er specified. ROUrING SWEEPM: Bid Est.Qty. th9it Item th'it Item Price Total 1. 628 miles per mo. Sit Sweeping $11 .0 7fnni. $ jmo.$6 9 51 .9 6/mo. EKEPAMMY AND AD[MONAL SHIM: 1. Emergency and additional Street $5 0.0 5 0.0 0/hr.. Sweeping on hourly rate 2. E wxgency and Additional Street 11 .0 7/mi. Sweeping per Curb Male PIPOSAL PAGE 1 OF 6 • '�--KZMCN AFPMhVNTO HE E0337M Iff I, the undersigned, being first duly swcrn, depmes and says that I am Vice President Of _ Sweeping Services, (Business Title) ±.>.. _ '- .Ire- the party makuq the foregoing bid, that the bid is not made in the ccepany, aasiociatii(m, or xqrFzT:Uon. The bid is genuine and riot collusive •f sham. 7he bidder has not directlycr indizwUy se cr sham bid, and induced or solicited- any other bidder to put in a falb has odirectlycrindirectlycolluded, conspired, ommived, •I, agreed _• with any bidder cr anyonet elm to put In a sham bid, cr that anyone shall refrain Er biddlM. 7he bidder has not in any ranner, directly or sought by agreement, ommmication, or conference adth anycne irldirectly to fix the bid prim of the bidder cr any other bidder, cw to fix any overhead, profit, or element of the bid prim, cr of that of any othw bidder, or to secure my a2vantage agLiret the public body awatiLiM omntained in the bid are true and, Axitheri, the biftw has not, or contants thereof, cr divuilgied (w data relative thereto, cw paid, and will not pay, any fee to arry partnership, omgeny, a iaticn, bid depository, ar to any member or agent thereof to effectuate a collusive or shm bid. of In further compliance with the specificaticros furnished, I, the undersigrx3d, subamit time follading stag as to my experience and qualifications to perform this work as a part of this proposal. we have been in basiniess under the present name for 9 years. aw wgxrience in work cwparable with that re*iired by the proposed contract is _ 1.5 years operating under the following different nmme(s) . Universal Sweeping Services, Inc. . San Jose Commercial Sweeping Iy California CMIto:actor's Lice me Umber is N/A The classification of my ma's License is The expiration date for my Om actcr's License is * (This Section for City use Only) MOT 7ZEMO ( Zr_—D * Tlme above information has been verified by � on �5 -3® --el& * contractors State License Board (800) 321-2752 or (408 277-1244. fakml fmuvJs are involved, no bid skmitted dmall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of Califarrmia, hawienw, at the time time contract is awarded the vast mctcw shall be Acpwly liensed. Proposal Page 3 of 6 Universal. Sweeping Services BMXM HL91M OF WMW The following is an exmple of work similar in ctaracter to that required in the proposed cam7tract which our arganizaticn or perscmel in our organization has completed within the past dove (3) years. Whom Phre Year Location Class For Perfcrmad Ikmiber Amount 1992- City of San Jose Ed Lao 408/277-4373 $284000/mo. 1992- City of Antioch Mike Spence 510/778-4040 $12, 000/mo . 1992- Town of Danville Thom Head 510/820-4175 $ 5 , 500/mo . 1990- City of Turlock Tom Tinsley 209/668-5560 $16,000/mo. 1990- City of San Pedro Laurence Urban 310/679-2558 $ 2 , 100/mo. 1990- City of Foster City Larry Dungca 415/574-4749 $ 5 , 500/mo. 1990-92 Contra Costa County Scott Edmonson 415/646-2125 $80,000/yr. 1990- City of Marina del Rey W. Schumaker 310/305-9550 $ 5 , 600/mo. 1990- Mare Island Naval John Lamendola 707/646-9758 $ 6, 500/mo. Ptqmsal Fade 4 of 6 , c Universal Sweeping Services •.. I[PJC=#S FCN( FnIe sl as def ined in the General Provisions and in that I Section 7026 of the California Business and Professions propme to hire to perfcxjn any of the w=k far this projectammnt in excess of are-half of ane percent (0.5%) of the total bid are listed below. Only those listed below shall perform work an this project a.d each of them has been prow.Lded with a full and complete set of plans and specifications for this project Iry the bidder. AI'. 1. 'fI Address Work to be Performed Address •1 to •.- Performed . + 3. 11.-. Address Work to be Performed 4. -111" AdAlress Work to be Performed 5. Name - Address WOrk to be Perfcmmmd 6. -111:._ Address •1to be _1 f •-r-11= f .. �:y`. - � t... 'j:, {�.:.3.' • .. ._,:3. ��"!•`i" - �- •` � Il .! 1: 'I• 1� • 'y 1.. •.a �1.�'},. Y��Y. W'�, i'lar� � 1` �' •:art 1� r•!13' !, is �.. '_7••.• '1��_. r.� . C •, " i'��) • .s, • l r 1 BID OR PROPOSAL BOND BOND NO: BDS 109787 KNOW ALL MEAT BY THESE PRESENTS.' THAT WE, UNIVERSAL SWEEPING SERVICE AS PRINCIPAL, AND SECURITY INSURANCE COMPANY OF HARTFORD AS SURETY, ARE HELD AND FIRMLY BOUND UNTO. CITY OF CUPERTINO AS OBLIGEE, IN THE PENAL SUM OF TEN PERCENT OF BID AMOUNT NOT TO EXCEED NINE THOUSAND DOLLARS N0/100***************************** ($ 9,000. 00*** ) 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 26TH DAY OF MARCH , 19 93 WHEREAS, THE SAID PRINCIPAL IS HEREWITH SUBMITTING A PROPOSAL FOR STREET SWEEPING PROJECT 93-103 NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IB SUCH, THAT IF THE SAID PRINCIPAL SHALL EXECUTE A CONTRACT AND GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF WITHIN 30 DAYS AFTER BEING NOTIFIED IN WRITING OF THE AWARD OF SUCH CONTRACT TO PRINCIPAL, OR IF THE PRINCIPAL, OR SURETY SHALL PAY THE OBLIGEE THE SUM, NOT EXCEEDING THE PENALTY HEREOF, BY WHICH THE AMOUNT OF THE CONTRACT, COVERING THE SAID PROPOSAL, PROPERLY AND LAWFULLY EXECUTED BY AND BETWEEN THE OBLIGEE AND A THIRD PARTY, MAY EXCEED THE AMOUNT BID BY PRINCIPAL, THEN THIS OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT. UNIVERS SWEEPING SERVICE PRINCIPAL SECUAI90Y INSURANC OMPANY OF HARTFORD {SURETY) BY: ' On6:C MARIE D. REVERE ATTORNEY—IN—FACT GCBB F-2 P3® CONTRACTORS BOND BROKERAGE, INC. � 1737 No.First Street.Suite 200 Rmtsumat San Jose.CA 95112 IMSumptS WANT (408)452-4844 FAX(408) 452-4646 - __ --N. POWER A"-_R fEY =' Universal Sweep ng_ Service t-=C—,VE �1 �,� DATE march 264 _�9�3 871 E. Hamilton - Campbell _ ._CA _ ___ 95008 POWER NO a®S_ - sd..n,l1_11 _ �i 1 ;.<. : i`•`;i i,."ti'„ !'`.il'.\\`t OF HARTFORD. .i,orporationoi itie StateoiConnecticut.Jiti,r.cri:b•. rnai.e.,,�n,r - _- :r,•� Marie D. were 1, '0111VL1 F r'. 'A rh tuif Fklticr-Ind auIhont%- r?r and on rxhaff of the COntpdny AS surety.to male.execute.de`l,et'..tr.i „1.'.rds.u.,;e.^,a1 ing,.recctcaizancCs.contracts of surety or other written obligations in the nature thereof.as follow,: ,and w hind SECURITY INSUR.-NtiCE COMPANY OF HARTFORD thereby, The;authority of the Attorney-in-Fact curd the Liability of the Company shall not exceed one million two hundred fifty thousand dollars($1 ))0.1 The appointment is made under and by authority of Article IV of the By-Laws of the Company,which Article is now in full force and effect and"hich states a,follows: Appointment of Attomeys-in-Fact the President or any V ice President shall also have power and authority,from time to time,to appoint one or more attorneys-in-fact for the purpose of executing ,and d%llyerine. for and on behalf of the Company and as its act and deed,bonds,undertakings.recognizances,contracts of indemnity,and other instruments of writings of similar character, az prescribe the respective duties of such anorneys-in-ftnct and the respective limits of their authority-and to revoke any such appointment at any time in his discretion. This Pot<<rtit.kttomey.andan c ontract surei vship or other undertak ing or any bond issued by any attorney-in-fact under this Power,maybe signedby facimile ,ignature under and by the authority granted by the following resolution duly adopted by the Board of Directors of the Company at a muting held on Noy Cmber ?0. 1991: RF.SOIA'ED.Thai effective November-10, 1981,bonds,undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature i•iereof,hall he executed by the President or any Vice President and duly attested by any Secretary or any Assistant Secretary.or shall be signed to the Company's behalf by an attorney-in-fact appointed by a power of attomey executed as provided by Article IV of the By-Law s of"this Company,any of.art otlicers or such Ltv_nevs-imfact being authorized to affix the Company's seal to any such instrument.and any Secret:,-, any A"istant Secretary i,herehy authorized and empowered to certify under the Company's teal to A copy of any resolution.by-lai. "rtzcn :n,lrt anent,puuC.r of ailome,_ list of otlicers.or financial statement of the Company that may be appropriate or required:and RLSt I-\ED FI R"T-HFR.That.any signature of any of said officers to any of the written instruments above referred to,including po,�r•, u ind cor,ificanon,and the signature of any attomev-in-fact acting under such power may be printed by facimile. :n U IT`!-'SS \\iIFRI'r)(, ilic ,,,ill %'rc President and the said Secretary ha%e hereunto subscnbed their names and affixed the coriorate , .il a -IJ-t RIT) !\SL P, \\CL l'()\IPA\-i ()I- HARFFORD this day ot NcecoYa4. SECURITY INSURANCE,COMPANY OF HAK i PO)RD ��CffLlr ^ °O Vice Presid a l t.li,' '! i •'tlnei il:'-11 - t�nt1'v tiI {{artit trd '•'Wt:G'r�" r ,hn day of j A.D. 19 before me.a Notary Public in and for said State and County,came the ah,., n:i r rcta .to me personally known to be the individuals and officer,des.ribed in and who executed the preceding instrument.;ind ih,• , f tin .tine as tJx-it fare act and deed,and being by me duly sv om.they did Jcpow and say that the) know the corporate seal tit ti 'o the preceding ttutrument was executed by them and the corporate seal affixed in accordance with the authority of the Board t` t ox�v iN TESTIMONY WHEREOF.I nase hereunto set my hand and seal the day and year first tit �pTAgY t My commission expires ''. . CERTIFiCATION i Sl:(`IRITY iNSI'RANCE CV4lPA.\Y t)F HARTFORD snify that the foregoing power of .i R.,olution of the ROard of Director,of N,n ember 20. I i,y 1.has e not been abndged or rec oked.wd ?�,.E COMpdH- �r fined and Baled at 26tho March 93 , f ry n (f �G �ec a ALIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5193 State of Cali fnrniA eRIIIIIIIIIIIIII OPTIONAL SECTION 111111011111011 CAPACITY CLAIMED BY SIGNER County of Santa Clara Though statute does no,egwre the Notary to fill,n me aata below, doing so may wove • Invaluable to persons relying on me oocument On 3Z26/93 before me, Tracy_ D. Pao, Notary Public [jINDIVIDUAL DATE NAME.TITLE OF OFFICE9 E G 'JANE DOE NOTARY PUBLIC' Robert Miller e r ®CORPORATE OFF;CER(S) Ro personally appeared _rt M Treasurer NAtuE,S,OF SIGNERIS) T)TLE!S) (�personally known to me•OR-❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) LIMITED❑ to be the person(s) whose name(s) is/are ® GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed []TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), OTHER: or the entity upon behalf of which the 0lf>fYCI81L s€b�L erson(s)acted, executed the instrument. TRACY ®. PAO SIGNER IS REPRESENTING: 1UL s '� • ARV PIC CALIFORNIA ITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITYIIES) SANTA CLARA COUNTY Universal Sweeping My Cw1 Ex rm Mat s 1995 Services RE NOTARY ZONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Bidder ' s Bond THE DOCUMENT DESCRIBED AT RIGHT: 2 March 26, 1993 NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by taw, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Paris,CA 91309-7184 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA OI MARCH .5, 1993 _ BEFORE IRE, MELODY L. RAMOS CAPACITY CLAMED BY SIGNER PERSONALLY APT..BRED MAR][ 0. REVERE _ INDIVIDUAL(S) CORPORATE XX PERSONALLY KNOWN TO HE -OR- _ PROVED TO ME ON THE BASES OF SATISFACTORY 'OFFICER(S) EVIDENCE TO RE THE PERSON(S) WHOSE NAME(S) PARTNER(S) IS/ARE SUBSPIBED TO THE WITHIN INSTRUMENT ATTORNEY-IN-FACT AND ACIOXLED(ED TO NE THAT HE/SHE/THEY TRUSTEES) EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED SUBSCRIBING WITNESS CAPACITYOES) AND THAT BY HIS/HER/THEIR _ GUARDIAN/CONSERVATOR SIGNATURE(S) ON THE INSTRUENY THE PERSON(S), OTHER: MELODY L. RAMOS N OR THE E�ant�BIMsr INSTRUMENT. THE PERSONS COMM, #958085 NOTARY -_- PUBLIC-CALIFORNIA l SANTA CLARA COUNTV O My Cocrn. Expires Feb. 10. logo-, WITNESS NY NAND AND OFFICIAL SEAL. SIGNER IS REPRESENTING: SECMUTY INSQRANCE COMPANY OF HARTFORD rl Ll NOTARY L C avc�=ca�ros_-x�oaa� as� ^zaasasx�� THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT TO THE DOCUMENT DESCRIBED AT RIGHT: OMER OF PAGES 2 DATE OF DOCUMENT 3/26/93 SIGNER(S) OTHER THAN NAILED ARIWVUSAL SWEEPING SERVICE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of c a 1 i f o rn i s OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of $ants—Claw Though statute does not require the Notary to fill in the data below. doing so may prove rcrvaluable to persons relying on the document. On 4/22/93 beforeme, Tracy D. Pao, Notary Public ❑INDIVIDUAL DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC" CORPORATE OFFICER(S) personally appeared_,_ Tom An _ President ME(S)OF SIGNER(S) TITLE(S) �]personally known to me-OR-❑ PARTNER(S) LIMITEDproved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ®ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their ❑OTHER: signature(s) on the instrument the person(s), j the entity upon behalf of which the — r OFFT(-!AL SErson(s) acted, executed the instrument. TR.�'C r P SIGNER IS REPRESENTING: OTARY PUP " .T. NAME OF PERSON(S)Uit ENTITY(IES) SMTA CLARA�,,- Il NESS my hand and official seal. 4VCamm ExpresMa, Universal Sweeping Sv SI TOR OF N)TAR`( OP ZONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Performance Bond THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT April 22, 1993 Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE _ @1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ALL PURPOSE ACKNONLEDGKENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA ON APRIL 22, 1993 BEFORE ME. MELODY L. MMOS CAPACITY CLAIMED BY SIGNER PERSONALLY APPEARED MARK GENTRY _ 7NDIVIDUAL(S) CORPORATE XX PERSONALLY KNOWN TO HE -OR- PROVED TO HE ON THE BASES OF SATISFACTORY `OFFICER(S) EVIDENCE TO BE THE PERSON(S) WHOSE NAMES) _ PARTNER(S) IS/ARE SUBSRIBED TO THE WITHIN INSTRUMENT XXX ATTORNEY-IN-FACT AND ACKNOWLEDGED TO HE THAT HE/SHE/THEY _ TRUSTEE(S) EXECUTED THE SANE IN HIS/HER/THEIR AUTHORIZED _ SUBSCRIBING WITNESS CAPACITY(IES) AND THAT BY HIS/HER/THEIR GUARDIAN/CONSERVATOR :^ r' SIGHATIRtE(S) ON THE INSTRUMENT THE PERSON(S), OTHER: !y,I I-OD ( L. RA Os (j} OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. W.CA+_I'ORNIA L-MPA GOUTY --� Ex;,keS eb. 10 119996 N WITNESS MY HAND AND OFFICIAL SEAL. SIGNER IS REPRESENTING: NATIONAL AMERICAN INSURANCE COMPANY TA' PUBLIC THIS CERTIFICATE MUST U ATTACHED TITLE OR TYPE OF DOCUMENT PERFORMANCE BOND --------------- TO THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT 4122/93 SIGNER(S) OTHER THAN NAMED ABOVE UNIVERSAL SWEEPING SERVICE _ EXECUTED IN TRIPLICATE ** BOND NO. NB 148514 PREMIUM $2,085.00 FAI7HFUL PERFn1MANCE BOND F KNOW ALL MEN BY 'HWjE Pl221:SENT: THAT WE, UNIVERSAL SWEEPING SERVICE as, Principal, (contractor's name) and NATIONAL AMERICAN INSURANCE COMPANY , as Surety, (bonding ca wW's game) are field and firmly boun un d to the City of Qjmtino, State of California, in the sum of TWENTY THOUSAND EIGHT HUNDRED FIFTY FIVE DOLLARS & 88/100***lawful money of the United States, for the papnent of which 011 and truly to be made, we bind oarselves, our heirs, executors, sucoesscrs and assigns, jointly and severally, firmly by these presents. ($20,855.88*****) T13EE C0bor ION of the foregoing obligation is such that, WK A.S, the Principal has entered into a contract with the City dated MAY 1 ,19 93 with the Obligee to do and perform the followang work to-wit: STREET SWEEPING PROJECT 93-103 NOW, TuDRE, if the said principal shall well and truly perform the work contracted to be performed under said contras'-, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WE1mwF, this insuuw* has been duly executed by Principal az, � Surety this 22nd day of APRIL , 1993 . (To be signed by Principal arxi Surety. Notary acknowledgments required) CXX?MCvJ0R UNIVERSAL SWEEPING SERVICE Principal 3ATIONAL AMERICAN INSURANCE COMPANY Sur'ty�� Attorney. GENTRY The above bond is accepted and approved this day of ,19 1 Faithful Perfcrmanoe Page 1 of 1 79�` x '@ r_. tar"`S`...dr'�rs r ' OMMA,NEBRASKA IPINCIPAd UNIVEISU SEWIM SERVUZ EFFECTIVE DATE APRIL 22, 1993 871, E. B'AMTON AVE. CA162M CA 9SOQi3 ' a iSTAEEI'At1DiiE$Uy (Ctr7f ISTATEi CONTRACT AMOUNT $83,423.5 AMOUNT OF BOND$ 2�1�A55e8 r POWER NO. N13 148514 KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duty organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July, 1987,to wit-. "Resolved.that atsy officer of the Company shall have authority to maize, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms,or corporations as may be selected from time to time. y Be It Further Resolved,that the signature of any officer and the Seal of the Company may be affixed to anv such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Nati,:nal American Insurance Company does hereby:make,constitute and appoint 1A GloTRY State of CAUPORNYA its true and lawful attorneys)-in-fact. with full power and authority hereby conferred in its name, place and stead. to sign, execute. acknowledge and deliver in its behalf,and its act and deed,as follows: The obligation of the Company shall not exceed one million(SI,000,000.00)dollars. And to bind National American Insurance Compaity thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Natianat American insurance Company, and all the acts of said Attorney(s)•pursuant to the authority herein given,are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY p90A��e �C •� �� z SF AL a W.street LaGem,Chattmm&CW Euerntke Offs r o ,o o�se> p�eA�s+► STATE OF OKLAHOMA ) COUNTY OF LINCOLN D SS: On this Sib day of July,A.D.1987,before me personally came W.Brent LaGere,to we known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National Astneriean Insurance Company,the corporation described in and which executed the above instrument;that he knr ws the seal of said cor- poration;that the seat affixed to the said instrument is such corporate seat;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. �o t< pia Notary Public PUBLIC My Commission Expites August 30,199S nU a STATE Of QK""(Ibu D COUNTY OF UK, IN I.the ttndelft 4do As*UM Se.eretary of the.National American Ittsttrance Company,a Nebraska Corporation.DO HEREBY GER- -M that the fat' lligi t�telhtehe.d P,0%#ML OF ATTORNEY rvmalns to full force. SlStte.d slats!&rt Alt the of Chuffs ar. Duals the. 22nd ftaf APRU 9'93 r� n winitred L Meedtalt t AidUM Seuttow OR ' ' vL a y N80111584 •c° taP► Cit4 of Cupertino 103W Torre Avenue Cupertino,CA 9SM4-3255 Telephone:1406)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK April E, 1993 Piazza Mobil Sweeping P. O. Box 418 San Martin,California 95046 CITY COUNCIL.ACTION-AWARD OF BID The City Council has asked that I convey to you their appreciation for your efforts in assisting the City of Cupertino by submitting a bid for Street Sweeping,Project 93-102. Council awarded the project to Universal Sweeping Service on April 6, 1993,for their low bid of$6,951.96. I am returning your bid bond to you Sincerely, DOROTHYY tORNELIUS,CMC CITY CLERIC Cit4 Of C14rti 103W Torre Avenue Cupertino,CA%014-3255 Telephone:(408)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK April 9, 1993 Don&Mikds Sweeping 14308 Holden Court San Jose,California 95124 Crff COUNCIL,ACTION-AWARD OF BID The City Council has asked that I convey to you their appreciation for your efforts in assisting the City of Cupertino by submitting a bid for Street Sweeping,Project 93-102. Council awarded the project to Universal Sweeping Service on April 6, 1993, for their low bid of$6,951.96. I am returning your bid bond to you. Sincerely, �--L �iZaeds E. 't®T IY 1.ORNELIUS, CMC CITY CLERK City of Cuperfilio 1MM Torre Avenue Cupertino,CA 95014-3255 Telephone:(408)252-4505 FAX:(408)2S2-0753 DEPARTMENT OF THE CITY CLERK April 8, 1993 Universal Sweeping Service 525 Sunol Street San Jose,California 95126 CITY COUNCIL ACTION-AWARD Or BED This will confirm the award of contract to you for Street Sweeping, Project 93-102. Council awarded this contract to you on April 6, 1993, for your low bid of$6,951.96. Information may be received from the Director of Public Works for the signing of the appropriate documents and for the answering of any questions. Sincerely, DOROTIiY CORNELIUS, CMC CITY CLERK cc: Department of Public Works Tegan McLane Business Journal 152 N. 3rd Street San Jose,CA 95112 0 r, s s ' 3 r March 26, 1993 City of Cupertino Mr. Bert J. Viskovich, Dir. Public Works City Hall 10300 Torre Ave. Cupertino, CA 950I4 Dear Mr. Viskovich: I would like to thank you for the opportunity to bid on your Street Sweeping Project 93-102. Please find enclosed our proposal and bid bond. For your consideration, I am working currently on a base map of the City of Cupertino g on my Microstation CAD workstation. if you have any interest in seeing my results, and/or obtaining the data, please do not hesitate to contact me. We will be using our base map in conjunction with a database of'streets to provide ° custom reports for the Public Works Dept., in the event we become the contractor. I will gladly show you, at your request, some sample data and report formats that we are currently using to good success in other cities. 3 i look forward to the working with you in the near future. � 33 s, Sincsrel 1 Steven Mirassou Director of Operations r t Universal Sweeping Services BID FROPOSM FRW 93-102 TO: IME DIREC` OR OF PUBLIC WCFW, CM OF CCPEFdPINO, SLATE OF CAITFUdIA Dear Sir: In compliance with the Plans and Specifications furnished for the work of the Street Sweeping Project in the city of Cupertino, Project 93-101, the u klersignedi, hereby Aare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to couplete 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 include q, but not luuted to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for cc%3arisan 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 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 g all labor, methods of process, tools, machinery and material required to coWlete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I small pay to the City of Cupertino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as scheduled and/or specified. ROUTITNG SWEEPING: Bid Est.Qty. Unit Item Unit Item Price Total 1. 628 miles per mo. Street Sweeping $11 .07/mi. $ jmo.$6951 .96/mo. EMERGENCY AMID ADDITIONAL SWEEPIM: 1. &er+gency and additional Street $50.0 hr. $50.00/hr. Sweeping on hourly rate 2. Der ency and Additional Street $11 .0 Sweeping per Curb Mile PROPOSAL PAGE 1 OF 6 AFFIMM TO BE EXOMM BY MMRM I, the undersigned, being first duly sworn, dgmes and says that I am Vice President of Universal SweeDin4 Services, Inc. (Business Title) (Business Name) the ply mAing the foregoing bid, that the bid is not made in the interest of, or an behalf of, any closed person, partruwahip, many, association, organization, or co poicaticn. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or aged with any bidder or anyone else to put in a sham bid, or that anyaate shall refrain from bidding. The bidder has not in any manner, directly or indirectly, saight by fit, var wucation, or conference with anycine to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any ,-*tier bidder, or to secure any advantage against the public body away iirxl the contract of anyone interested in the proposed contract. All status contained in the bid are true and, further, the bidder has not, directly or indirectly, sutmitted the bid price or any breakdcxm thereof, or contents thereof, or divulged ir'iformatio n or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ecepany, association, organization, bid depositary, or to any memter or agent thereof to effectuate a collusive or shwa bid. Proposal Page 2 of 6 FI�IC�d In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 9 years. our experience in work comparable with that required by the proposed contract is 15 years operating under the following different name(s) . Universal Sweeping Services, Inc. . San Jose Commercial Sweeping My California Contractor's License Nmber is N/A The classification of my Contractor's License is The expiration date for my C ntractor's License is * (This Section for city use Only) NOT * The above information has been verified by on :1!2 -g O :2- * Contractors State License Board (800) 321-2752 or (408 277-1244. *************************************************************************** Where federal funds ai-e involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly lid. Proposal Page 3 of 6 Universal Sweeping Services SYMEt KESTM OF WMK The following is an exanple of work similar in character to that required in the proposed contract wuch oar organization or personnel in our organization has oapleted within the past three (3) years. V&M Pave Year Lotion Class Fbr Performed Number Amount 1992- City of San Jose Ed Lao 408/277-4373 S28,000/mo. 1992- City of Antioch Mike Spence 510/778-4040 $12,000/mo. 1992- Town of Danville Thom Head 510/820-4175 $ 5, 500/mo. 1990- City of Turlock Tom Tinsley 209/668-5560 $16,000/mo. 1990- City of San Pedro Laurence Urban. 310/679-2558 $ 2, 100/mo. 1990- City of Foster City Larry Dungca 415/574-4749 $ 5 , 500/mo. 1990-92 Contra Costa County Scott Edmonson 415/646-2125 $80,000/yr. 1990- City of Marina del Rey W. Schumaker 310/305-9550 $ 5 ,600/mo. 1990- Mare Island Naval John Lamendola 707/646-9758 $ 6, 500/mo. Proposal Page 4 of 6 Universal Sweeping Services The ctor(s), as defined in the General Provisions and in Section 7026 of the California Mminess and Professions ®ode, that I propose to hire to perform any of the work for this project in an amanit in excess of ogre-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and Clete set of plans and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Nam Address Work to be Performed Proposal Page 5 of 6 lit / Y..,. THE TW.M M .!. OF ► ! C •L.•,.. . •'. , •..,fit. THE h ,(J.. OF 1H..H! FRESIDERr,APFROFRIATE BUSINESS TYPE. TY OF BUSINESS NAME OF BUSINESS Universal Sweeping Services , Inc. 00 "' •11' v'.`t' I. !"I! D ✓>. JOINT E .' P • E (Describe) . i - and Signature of •..'r: Leonard J. Vella or •- name) r Date: March 24, .. Address (mailing location) : 525 Sunol Street San Jose, CA 95126 . .•. • . : •,l.. :...in. ...,_ all ddc •-. a.. c;• is required by circling each ••.- •l.111 munbox. p Prcp3sal Page 6 of lb PI MEN (` CEPSUM DEPARTMEW OF :1 M CAM FM : 1fS STRM EE• , 'C ! 1! OPENIM Tuesday 1! • u CITY HALL 10300 sM AVENUE a a•� 1 '• vllM MO 1 ! 14 50,206.01 WME CCtRRACT DOC MENTB A. BID DOCUMEM I. Notice to Contractors 2. Proposal B. 1. Adoption of Standard Specificaticns 2. Headings and Citations 3. Definition of Term 4. Prosecution and Progress 5. Control of the Work 6. Legal Relations and Responsibilities to the Public 7. Proposal and Award of Contract C. Ali. LSIM 1. Location 2. Scope of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Time of Completion 6. Liquidated Damages 7. Public Convenience and Safety 8. Responsibility of Contractor 9. Payment 10. City's Obligation 11. Option to Extend the Term of the Contract 12. Contract Security 13. Equipment D. AGPZNMM E. SWEEMB MP F. SMGMYRM FVM DICE TO CCUTO City of Cupertino 10300 Torre Avenue Cupertino, California 95014 3IIiEW SEMPM, PdWWP 93-102 The City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled STREW SIOWM, FRUMN 93-102. Contract Documents, consisting of Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Farm, Signature Farm, Standard Specifications, Oral Pr r sions, Special Provisions and Plans, Faithful Performance Boni, Labor and Material Bond, Insuzwce Certificates and Contract for Public works, may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7, Proposal and Award of Contract, of the General Provisions for full directicns as to bidding. Sealed proposals will be received at the office of the City Clerk, City Fall, City of Cupertino, 10300 Torre Avenue, C1xertino, CA 95014, until 2:00 P.M. on March 30, 1993, at which time they will be publicly opened and the comparative totals read. All proposals or bids shall be by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent (10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two (2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall became payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the contract. All bids shall be compared using the estimated quantities prepared by the Engineer and the Unit Pries submitted. No incomplete nor interlineateu proposal or bid will be accepted. Bidders are required to bid on all items of the proposal.. Federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a Contractor who is riot licensed in accordance with the provisions of Division 3 of Chapter 9, "Contracts" of the Business and Professions Code of the State of California. The contract shall not be awarded to any bidder who does not possess the appropriate Licenses. Notice to Contractors Page 1 of 2 NOMCE TO COWRACTQRS (continued) All bids received will be reported to the City mil of Cupertino within thirty (30) days of receipt, at which time the City Council will review and act upon the bids submitt.-A. Award, if any, will be made to the responsible bidder whose proposal i.s most advantageous to the City. The City of Cupertim reserves the right to award the cmitract to any qualified bidder based on the proposal that is most advantageous to the City. The City also reserves the right to reject any or all bids or to waive: any irregularities in the bidding procedures, provided the variance cannot have affected the amount of the bid or cannot have giver, a bidder an advantage or benefit not allowed other bidders. The Contractor shall furnish to the City a Faithful Performance Bond and a Labor and Material Bond as required in the specifications. It shall be mandatory upon the Contractor to whom the oontract is awarded, and upon all subcontractors, to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7-1.01A of the Standard Specif ications. Payments to the Contractor will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on aooaunt and will not be considered as an aoeeptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Governmenrit Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure Performance under the Contract. said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities, eligible for this substitution are those listed in section 16430 of the California government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. C rIY OF CUPERTIM o.c_ Date: City Clerk Published: Cupertino Courier March 10, 1993 Marach 17, 1993 Notice to Contractors Page 2 of 2 BID FROPOSAL 93-102 TO: TM DIRE)CTM OF PUBLIC WOMS, CITY OF CUPERTIM, STATE OF CALIFUMIA Dear Sir: In eoupliance with the Plans and Specifications famed for the umrk of the Street Sweeping Project in the city of Cupertino, Project 93-101, the undersigned, hereby declare that I have read the proposal requixement, 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 understdrd that said prices include all costs including, but not limited to, local, state and federal taxes, and txansportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, bauq given as a basis for comparison of bills. :qne 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 gait item or portions of 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 donne consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Street Sweeping Project, Project 93-101 as -scribed in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of amino the sum of 'Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are riot oatpleted as scheduled and/or specified. ROUrIN1G SWEEPING: Bid Est.Qty. Unit Itesm Uhit Item Price Total 1'. 628 miles per mo. Street Sweeping $12.50 /mi. $7850.00/mo, EMEr MWCY AND ADDITIONAL SWEEPING: 1. Emergency and additional Street $j _m/hr. $ �_M /hr. Sweeping on hourly rate 2. Eaaexgency and Additional Street S 14_UO/mi. $ 14.00 /mi. SweepiM per Curb Mile PROPOSAL PAGE 1 OF 6 CAI AFFMhVI°P TO BE BY Add SURNUM VM BW I. the signed, being first duly sworn, deposes and says that 1 am Dan Vierra, President of Don & Mike's Sweeping Ipc (busirms Titi) (Business Name) the party m*JM the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, eoupany, association, organization, or corporation. The bid is genuim and not collusive or sum. The bidder has not directly or indirectly induced or solicited any other bidder to pint in a false or sham bid, and has not directly or indirectly colluded, conspired, emmived, or aged with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by aft, c=Lmic ation, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to seexae any advantage against the public body awarding the contract of anyone interested in the dosed contract. All -bmI xts contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name & Signature of Bidder: Don Vierra, President Date : March 25, 1993 Proposal Page 2 of 6 Mill 1 UMM QaRLMC2ffUX FM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 10 years. Our experience in work comparable with that required by the pry contract is 10 years operating under the following different names) . Don & Mike Sweeping Don & Mike Sweeping, Inc My California Contractor's License Number is N/A The classification of my Contractor's License is N/A The expiration date for my Contractor's License is N/A *************************************************************************** * (This Section for City use only) * The above information has been verified by on * Contractors State Licm-ise Board (800) 321-2752 or (408 277-1.244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be Licensed in a000rdance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly liensed. Proposal Page 3 of 6 FUSIM OF FLU The following is an exuple of work similar in diaracter to that required in the proposed contract which our organization or perscnnel in our organization has completed within the past three (3) years. Wham Fbcne Year Location Class For Performed Nmber Amount 1983-93 COPertfna-.,_ ing Cihy of Cupertino 408-253-8950 $78,000/yr 1989-93 Milpitas , Sweepi.ng, City of Milpitas 408-942-2464 8,000/mo 1989-93 Mt. View , Sweeping, City of mt. View 479-966-6329 16,770/yr 1983-89 Saratoga, Sweeping City of Saratoga 408-867-3438 9,960/yr 1983-89 Scotts Valley, Sweeping, City of Scotts Valley 5,040/yr 1983-85 Gilroy, Sweeping City of Gilroy 24,000/yr Proposal Page 4 of 6 'S FCM The subcouttract ar(s) , as def ined in the General Provisions and in Section 7026 of the California Business and Professions Codes, that I pr to hire to perform any of the work for this project in an ama mt in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform wovk an this project and each of theta has been provided with a full and ocuplete set of plans and specifications for this project by the bicker. 1. Name NONE *** Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address ess Work to be Performed 4. Name Address Wank to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed Proposal Page 5 of 6 BEENtes SM=ffUFM FMK IF YOU ARE AN INDIVIDUAL, so STATE. IF YGU ARE A CMWANY Cat A W-PATM30HP, STATE THE COMANY NAM AND LISP THE NAMES OF ALL INDIVIDLIAL, OD-PAiUNERS 00HPOSING THE OMWM. IF YOU AREA COffWATICNI SPATE THE IBGAL NAME OF THE RATICK AND THE NAMES OF THE FRESIDENr, AND MAN[AGM. THE OM60RRTE SEAS, MUST BE AFF'DCM Tn THIS Fed. ENIM THE NAME OF YOM ELZINESS CN THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAM OF BUSDTESS QORPQFATICN: DON & MIKE'S SWEEPING, 1W OD-PARTNERSHIP: INDIVIDUAL: JOINP VE WIUM: 0THER: (Descr�) Name and Signature of Bidder: DOLT VIEMA, PFMIDEnTP, C.E.O. (Print or type rme) Date: 03/25/93 Address (mailing & location) : 901 nrr-T AVENUE CAMiPBELL, CA 95008 Telephcne Number: (408) 377-0484 Acknowledgment of all addenda reoeived is required by circling each addendL= number. 1 2 3 4 5 6 7 8 9 10 Prap )sal Page 6 of 6 B. GENERAL PROVISIONS 1. ADOPTICN OF SHARD SPECIFICATIMS By this reference, the standard Speclflcat.icns of the State of California, Department of Transportaticn dated July, 1992 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications and shall apply together with the modifications contained herein. 2. HEADINGS AMID CI'%3lTIONS The section and other beadi ngs and citations to the Stag Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. Df NITIMS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the follaAring modification's: 1-1.10 "Contractor" means any person or persons, firm, parUm hip, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term amitractor includes suboanractar and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as f1City1°) . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of overtino (hereinafter referred to as "Engineer") . 1-1.18: OvE gineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agents) (hereinafter referred to as "Engineer") . 1-1.25: "Iaboratory10 means the City's approved testing laboratory. 1-1.32: 1tProposal Farm" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bias be prepared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. PR06E(IJT ON AND PAS OF TM WIC a. Hazardous Materials If the presence of asbesctas or hazardous substances is disclosed in the Bid or Contract Documents, the contractor, or the Contractor's designated shall be registered pursuant to Section 6501.5 of the Labor Code and certified in acoorrlmoe with subdivision (a) of Section 7055.5 of the Business and Professions Code. General Provisions page 1 of 15 GENERAL PROVISIONS(Continued) a. Hazardous Materials (continued) In the event the Contractor encounters on the site asbestos or a hazardous substance that has not been disclosed in the Bid or Contract Documents, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe, and shall inoediately cease work on the area affected and report the condition to the owner, or the owner's representative, or architect in writing. b. Noise control Grading, construction and lltien activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Mraici.pal Code during daytime haws provided that the equipment utilized has high quality noise muffler and abatement device installed and in good condition and the activity meets one of the following criteria: 1) No individual device produces a nose level more than eighty- nine(89) dBA at a distance of twenty-fide(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any randy* property. It is a violation of this chapter to engage in any grading, street construction or undue utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. c. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of worku g or calendar days as shorn in the Special Provisions. d. Record Drawirx� The Coantractor, upon completion of this project, shall furnish and submit a set of accurate "Record Mmwing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. Ttwse plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. e. Riglit of Wad The right of way for the work to be omwtructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. General Provisions page 2 of 15 f. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate king force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the germs of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to wide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Qmt actor's vocutz+ol shall terminate, and thereupon the City of its duly authorized native may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other machinery and materials, pause the materials for, and buy such additicnal materials and supplies at the Contractor's expense as may be necessary for the proper ooaduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such lion, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contrac.-tor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation's of the contract and the catpletion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the domination of the question whether there has been any such non-compliance with the contract as to Warr-ant suspension or anrailment thereof, the decision of the City Council of the City of Cupertino, shall be binding on all parties to the contract. g. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4c, above. It is agreed by the parties to the contract that in case all the work called for under the erirtract, in all parts and reqd +tom, is not fin&hW or completed within the number of days as set forth in the Spwial Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual daiage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. General Provisions page 3 of 15 g. Time of Completion and Liquidated Damages (continued) The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from arty monies due or that may beocine due to the Contractor wader the contract. It is further agreed that in case the work called for wader the contract is not finished and completed in all pates and requirements within the number of days specified, the Engineer shall lave the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to inc:rease the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which acarue during the period of such extension. The cost of final surveys and preparation of final estismate shall not be included in such dmVes. Time contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in coWletian of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embark , provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the begimung of any such delay. Time Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings therem shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer dommentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Speci.f icaticns (°'Progress Sdmdule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the factor's operations, shall be required. The tern "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard its and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are per, made, constructed, fatrrleated or manufactured to meet the specific requirements of time contract. only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of dwxjes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act Of the City, not om*aWlated by the contract, an extension Of time commensurate with the delay in completion of the work thus caused will be granted and time Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. General Provisions page 4 of 15 g. Tines of Completion and Liquidated pamages (continued) The Cmttractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. Me Engineer's findings shall be final and conclusiw. Except for additional cxmqDensaticn provided for in Section 8-1.09 of the State Standard Specifications ("Right of way Delays"), and except as provided in Public Contract Code Section 7102, the Oantractor shall have no claim for dames or coition for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. (See Section 8-1.07.] 5. C]CUML OF IM WOW a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Standard Specifications, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during cotis nxtion and until final completion and acceptance, prevent the formation of an air-borne mdsaa» by oiling, watering with noit-potable water, or by other satisfactory method, as required by the Engineer. The Cmtractor shall treat the site of the work in such a manner that will confute dust particles to the irate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-barns dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertim may corder that dust control measures at the site be donne by City personnel and equipmmit or by ethers, and all e3ipenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. jngo tics In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. Thee Contractor shall also furnish telephone service at all facilities servicing the project. All work donna by the Contractor shall be accomplished between the hairs of 8:00 a.m. and 5:00 p.m., Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Wwrever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give clue notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. General Provisions pane 5 of 15 c. Inspection (continued) Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five doll.ars($35.00) per Pour, or latest rate approved by the City Council, exoept where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Age-icy involved. [See State Standard Specifications Section 5-1.08. ] d. ration The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line morients and all U.S.C. 6 G. S. mamments in their proper places until their removal is authorized by the Engineer. Any mon m ents that have been removed without proper authority shall be replaced at the Contractor's expense. e. SaWles and Tests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is start- and before such material is used in the work. Representative preliminary steles of the character and quality prescribed shall be sukm►itted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall fu nish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shall be made in accordance with c®acnly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, undergxcurd mains, and services that may conflict with the project field located. The Contractor shall contact Uridlerground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that irrigation systems, electrical systems, and other utilities on private property are not damaged during oon:sUuaticn of the project. During excavation, appropr_ate techniques shall be Toyed which safeguard all existing utilities and undexcamund facilities. Damage to such utilities and dergir facilities shall be repaired at the Contractor's expense. General Provisions page 6 of 15 q. Water- for Construction Water used in any way for the construction of the project shall be imported by the Factor and shall be ram-Potable water in tanks clearly marked as such uniess specific authorization to deviate has been granted by the Engineer. If authorized by the EMineer, the Contractor may extract construction water from fire hydrants Provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the notion work is located. 6. LBGAL REL ATICNS AND p1WCNSJB1E1= Tp THE PUBLIC a. Contractor's Payments requestUpon by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor ages to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. b. Iri ty Contractor shall indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its officers, employees, aunts, and elective and appointive boards, from all claims, lasses, damage, including property damage, personal injury, including death, and liability of every kind, rhature and description, arising out of or in any way connected with the negligent acts, errors or amLissioca, or the willful misconduct of the Contractor or any person directly or indirectly employed by, or acting as agent for, Contractor, directly or indirectly related to the provision of any professional services provided hereunder, but not including the sole or active negligence, or the willful misconduct of the City. 'This inderan,ificaticm shall extend to claims, losses, damage, injury and liability for injuries occurring after the oompletioh of the aforesaid operations, arising from Contractor's work. Submission of insurance certificates or submission ssion of other proof of compliance with the insurance requirements does not relieve the Contractor from liability under this indemnification and hold harmless clause. Tlhe obligations of this indent ty clause shall apply whether or not such it u m rre policies have been determined to be applicable to any of such damages cc claims for damages. The City does not authariz, the inpermissible use of any patent or the reproduction of any copyrighted material by the Contractor which ex-eeds "fair use" in the perf"r yins ae of this Contract. The Contractor is solely bible for any such infringement. The Contractor shall indemnify the City against and hold it harmless from any and all losses, damage, costs, expenses, and attorney's fees suffered or incurred as a result of or in connection with and claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Contract or specified by or procurred by the Contractor, or out of the processes or actions employed by, or on behalf of, the Contractor in connection with the perfarmance of this Contract. General Provisions page 7 of 15 b. indemnity (continued) The Contractor shall also indemnify the City against and hold it harmless from any and all loss, damage, costs, expenses, and attoacney's fees suffered or incurred on account of any breach by the Contractor, or its employees, agents, or subcontractors, of the aforesaid obligations and covenants, and arty other provisions or covenant of this Contract. c. Insurance Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, altar shall furnish certificates of insurance evidencing the foregoing ins aroe coverages and such certificates shall provide the mane and policy nL ber of each carrier and policy and that the insurance is in farce and air?!, not be can0eled or modified without. thirty(30) days written notice to t.m 'ity. Contractor shill maintain all of the foregoing insurance coverages in foaroe until the work under this contract is fully completed. The requirement. for carrying the foregoing insurance shall not derogate from the provisions for ir>demnif icatioan of the City by Contractor:' taxer this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this contract, the following insurance in amounts riot less than the amounts specified and issued by a company admitted in California and having a Best's Gu ie Rating of A-Class VII or better. Worker's Cm pensatiorn Liability. In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Public Liability - either Combined single limit of $1.0 million commercial general liability per zxurrenoe; 2.0 million in the or comprehensive general liability; aggregate. including provisions for contractual liability, personal injury, indepen- dent contractors and property damage coverages. Builder's all Risk. Amourit equal to 100% of the contract price bid; $25,000 deductible is allowed. Autanobile Liability - wive combined single limit of $500,000.00 covering craned, non-awned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.07A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Ooatract compliance of the United States Department of Tabor as established for Santa Clara County. General Provisions Page 8 of 15 e. Prevailing Wages The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect those engaged or employed in the work. 1he Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications. Copies of the prevailing rate of per diem wages are on file at the office of the Director of Public Works, City of Cupertino. f. Resolution of Construction Claims This section applies to all. public works claims of three hundred seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shall not apply to any claims resi:lting from a omA Tact between a contractor and the City when the City has elected to resolve any disputes rxm-.Aiant to Article 7.1 (omnaming with Section 10240) of Chapter 1 of Part 2 of the Public Contract Cade. This section applies only to contracts entered into on or after January 1, 1991. As stated in subdivision (c) of Section 20104 of the Public Contract Code, any contract entered into between January 1, 1991 and January 1, 1994, which is subject to this section shall incorporate this section. Zb that end, these contracts shall be subject to this section even if this section is repealed. The term "Public Work" has the same meaning as in Section 3100 and 3106 of the Civil Code. The term "Claim" means a separate demand by the contractor for (1) a time extension, (2) payment of money or damages arising from work dome by or on behalf of the contractor pursuant to the contract for a public work and payment of whim is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an aammmt the payment of which is disputed by the City. For any claim subject to this section, the following require erts apply: 1. The claim shall be made in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notices requirements otherwise provided by contract for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any writ.-An claim within forty-five(45) days Of receipt of the claim, or may request, in writing, within thirty(30)' days of reoeipt of the claim, any additional da tawntatien Ming the claim or relating to defenses to the claim the City may have against the claimant.. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) The City°s written rye to the claim, as further documented, shall be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whictver is greater. General Provisions page 9 of 15 f. Resolution of Construction Claims (continued) 3. (a) For claims of over fifty thousand dollars($50,000.00) and less than or equal to three hundred seventy-five thousand dollars($375,000.00) ,the City shall respond in writing to all written claims within sixty(60) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional documentation Ming the claim cw relating to defenses to the claim the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response to the claim, as fines domed, shall be submitted to the claimant within thirty(30) days after receipt of the further documentation, or within a period of tiramr no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. 4. If the claimant disputes the City's written response, or the City fails to rid within the time prescribed, the claimant may so notify the City, in writing, either within fifteen(15) days of receipt of the City's response or within fifteen(15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal eorLLerenoe to meet and confer for settlement of the issues in disparate. Upon a demand, the City shall schedule a meet and confer conference within thiraty(30) days for settlement of the dispute. 5. Followi rang the meet and conifer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) Of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisicm, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits the written claim pursuant to paragraph 1, above, until the time that claim is denied, as a result of the meet and ewer process, including any period of time utilized by the meet and confer gaooess. 6. 7 is article does not apply to tort claims and nothing in this ;article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (wing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Clode. The following procedures are established for all civil actions filed to resolve claim subject to this section: 1. Within sixty(60) days, brit no earlier than thirty(30) days, following the filing or responsive pleadings, the om t shall submit the matter 'to nonbinding mediation unless waived by mutual stipulation of both parties. Me mediation process shall provide icr the selection within fifteen(15) days by bath parties of a disinterested third person as mediator, shall be commenced within thisty(30) days Of the mAnittal, and shall be concluded within fifteen(15) days frcm the of the mediation unless a time requirement is extended upon a good cause staving to the court or by stipulation of both parties. If the parties fail to select a mediator within the fifteen(15) day period, any party may petition the court, to appoint the mediator. General Provisions page 10 of 15 f. Resolution of Construction Claims (continued) 2. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitrations pursuant to Chapter 2.5 (cxmmmncing with Section 1141.10) of Title 3 of Part-. 3 of the (aide of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (wing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this section consistent with the rules pertaining to judicial arbitration. (b) Notwithstanding anding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event snail these fees or expenses be paid by stag or county Roads. (c) In addition to Chapter 2.5 (co mending with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de now but dos nor' obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, pay the attoa`xney's fees of the other party arising out of trial de now. 3. The court may, upon request by any ply, mdw any wig to participate in the mediation or arbitration prods. g. Responsibility for The City of Cupewtino, the City Oauk il, the Engineer or the Engineer's agents shill not be answerable or ac oauntable in any manner for any loss or damacae that may happen to the work, or any part thereof, any material or equipment used in- performing the work, or for injury or damage to arry person or ems, either wcaicess or the public, or for damage to adjoining property from any cause whatsoev+ar during the progress of the work or at any time before final acceptance. The Contractor- shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or franc any cause whatsoever during the progress of the work or at any time before its cmVletion and final avreptance. In addition to any remedy authorized by law, so much of the money dine the Contractor under and by virtue of the cont-nact as shall be co: idered necessary by the City may be retained by the City t eatil disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Cnnttactcr shall be subject to the following: 1. The City will give the contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Om tractor prior to acceptarxae of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the cbntracter. General Provisions Page 11 of 15 q. Respousibility for Damages (continued) 2. No retention of additional aunts out of partial payments will be made if the amount to be retained does not emceed the amount being withheld from partial payments pursuant to section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The city will wider proposals by the Contractor to enter into special arrangements, such as posting seairities or bonds acceptable to the city, in lieu of the retention of funds. such special arrangements shall be in writing, and approved by the surety on the performance board and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, farm, and amount as provided in Section B, Paragraph 6c, above ("Into nce) . (See State Standard Specifications Section 7-1.12.] h. Workers Cation and thr loymeztt Insurance Prior to entering into the contract respecting this project, the bidder to wham the contract is awarded shall furnish to the City satisfactory proof that the bidder has a policy of workers' compensation and unemployment insurance for its employees, that conforms to the provisions of Division 4, mincing with Section 3200, of the Labor Code or of the Unemployment Insirance Code, in effect for the entire period covered by the proposed contract. 7. PROPOSAL AND AMM OF CON V-T a. Competency of Bidders All bidders are required to complete the "Bid&w Qualification Farm" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejectim of the proposal. b. Contract tt Tact Bonds The Contractor shall furnish two(2) good and sufficient bards. Each of the Bands shall be executed in a stun equal to the contract price. The first bond shall <yuarantee the faithful pe- of the contract by the Contractor. The second board shall be furnished as requited by the term of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, anti the Faithful Performance shall be reduced by nip z ty pesrcent(90%) at the Notice of Coapletion. The remaining teen percent(10%) will be released at the end of arse(l) year from ao- ptance of the project provided any deficiencies in the wank have been erected. (See State Standard Specifications Section 3-1.02.] General Provisions page 12 of 15 c. DceLutlon of Contract The successful bidder, as Contractor, shall execute the COntrac;t set forth in the contract documents and provide the oorrtt act beds and insurance certificates required therein within eight(8) days, not including Saturdays, Sundays and legal Holidays, after the bidder has received the contract for emotion. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials irdootarated in the projs7t during the preceding reporting period. The City utilizes a bi- weekly accounts payable. cycle and issues checks on Fridays. The actual dates of the payment schedulee are as-ailable at the City's Accounting Department. The City will retain ten percent(1O%) of the account of each of said estimates until the expiration of thirty-five(35) days froffi the date of recording by the City of the Notice of Om pletion. At this time, and not before, the city shall pay the Cm*ractar the whole of the mining ten percent(10%) of said contract price. 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 inaction and approval of the City, and subject to whatever inspection and approval may be wired by law. Pursuant to Section 4590 of the California Govet^rmtent Code, the Contractor will be permitted, upon request and its sole egxam, to substitute securities for any moneys withheld by the City to ensure performanoe under the contract. Said securities will be deposited either with the City or with a state or federally gartered bank as esar w agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor an►.i the City. A sanple escrow agreement is included in Section 22300 of the Pub1?c contracts code. The Ooattxactor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. e. Proposal Fiorms The City will furnish to each bidder a standard proposal form, which, when filled out and emecuted. may be sub itted as the COntractcr's bid. Bids not presented on forms so furnished will be disr23Pkrd®d. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Harm and Signature Form. The omtxacter shall submit as a minim=, the Notice to omA r'actors, Proposal, Bidder Qualification Farm, Sub- contractors Form and Signature Form. Bids octattaining less than this or bids containing incomplete forms will be disregarded. General Provisions page 13 of 15 e. Proposal Forms (continued) All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business ass of the president, secretary and treasurer and the proposal shall show the corporate seal. Tlhe proposal shall be submitted as directed in the "Notice to Cm-dxactors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenge, Cupertino, CA, 95014-3255 or by Calling (408) 252-4505. f. Proposal t�ararnty All proposals or bids shall be accompanied by cash, a cashier's check or certified cdle+ck payable to the artier of the City of Cupertino, in the amount of text percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a xr1.--wate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall beoaoe payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. g. Rejection of Proposals Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids not called for, incouplete bids or erg, or for irregularities of any kind. Only the proposal forams prepared by the City shall be used. [See State Standard specifications Section 2-1.06.) h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partrmW i.p, corporation, or combination thereof who will perform work or labor or mender service to ths► prim eentractor�, e000ept for those providing work or labor or rendering service for wages aniy, in or about the construction of the work or inprev�anent, or a a n,1ctr.-acto licensed by the State of California who, under suboa -1 ---, to the prime contractor, specially fabricates and installs a portions of the work or according to detailed drawings contained in the plans and specifications, in an amount in excess of aye-half of one percent(0.5%) of the prime o ttracPAr's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of ooze-half of one pint (0.5%) of the prime contractor 0 s total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be dam by each subczattractor for this project. The prime om tractor shall li-so: only one(1) fer each portion as is defined by the prime contractor in the prime contractor°s bid. General Provisions page 14 of 15 f A •.•�: ,�'..' :1" lit i 0 1 r �Z • ■ z •o "k: / li y 1 Imo' 1- . •« •:'�'�a,'.. •.•.-..1.. � � •. ■ 1 • �••1•,i 1• 1 • Ii• '.�1 i �..:t1D• - win ■s. C: SPEMAL PROVISIONS 1. L[X" ON: The work to be performed under this contract is within the City of Cupertino, county of Santa Clara, State of California, on City streets. 2. SCOPE OF WORK: The work shall consist of furnishing all labor, materials, tools and equipment necessary to Clete the swing of streets as specified. The term street shall mean the paved area between the normal curblu a of a roadway whether an actual curb exists or not. 3. ESMAT'ED QUANI'I'flIES: Item Description Est. Qty. Unit 1 Street Sweeping 628.0 Miles 4. EMANATION OF BID ITEMS: This unit price bid per unit of measure of work shall include all costs of labor, equipment and materials necessary for the furnishing and completing of street sweeping services in accordance with these specifications. Any item described in the Special Provisions not specifically listed as a bid item shall be considered as included in the various bid its and no special compensation will be allowed. MMINE SWEEPING BID ITEM NO. 1 - STREET SWE EPIM (MILE) This unit price bid item shall include all cost for sweeping streets as specified in these specifications. The amount of bid shall include but not necessarily be limited to the following. 1. The Contractor will clean all streets currently owned and maintained by the City. 2. Debris to be cleaned shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans and other materials. It also will include such items as large stones, tree limbs, leaves, woods cable and other such materials in the area to be swept. The City will reserve the richt to aaooupany the driver o inspect sweeper operation. 3. The contractor will sweep each residential street 2 times per month, except in the case of adverse weather conditions. (476.0 curb miles per month.) 4. The Contractor will sweep cc aimercial streets once a week, except in the case of adverse weather conditions. (152 curb miles per month.) SPECIAL PROVISIONS PAGE 1 OF 4 C: SPEMIAL MVVLqM=, 5. Residential sweeping shall be between 7:30 a.m. and 3:30 p.m. Camereial sweeping shall be between 10:00 p.m. and 5:00 a.m. on Ttxrsday evening, unless otherwise authorized by the City. (See attached sweeping schedule) Some residential streets are posted with time restrictions for sweeping. The Contractor must comply with these restrictions. A map of these areas will be supplied at the pre-bid meeting. 6. The Contractor will supply and maintain all equipment necessary to accomplish these sweepings. 7. The Contractor will duap all debris at City of Cupertino Service Center located at 10555 Mary Avenue. 8. At each section before starting route and when finished, sweeper operator must notify the Service Center office where he is on the daily schedule at that point in time for inspection. 9. The sweeper operator mast check in and out daily with the Service Center and carry one of the City portable radios in order to notify the Cupertino staff instantly of breakdc� or problems in area of sweeping. Zhe Contractor will be responsible for any damage to this portable radio. 10. The c-ontractar must handle all complaints registered with City on a daily basis. 11. The Contractor will provide fuel and maintenance for all vehicles and for equipment. 12. The Contractor must have a supervisor or foreman available at all times to direct operations. This supervisor or foreman will report to the Director of Public Works or the Superintendent of Public Works and provide progress reports on a daily basis. 13. The Contractor shall maintain the agreed upon frequency of sweeping subject to adverse weather conditions, defined under the terms of this contract. The Contractor will not be required to do any hand sweeping or to return to sweep an area previously blocked by parked vehicles. 14. The Contractor mist show, by past performance, capability of performing a contract of this magnitude. A list of other cities and towns for which contracts have been completed mast be provided to the City. 15. The contractor agrees not to sublet to assign this contract in whole or in part. EMERGENCY SWEEPING BID ITEM! NO. 1 & 2 - II+OGENCY AND AMITICNAL SWEEPING This unit price bid item shall include all cost for sweeping streets as specified in these cpeci.ficaticns. SPDCIAL PponSICNS PAGE 2 OF 4 C. SPBMAL MnMCMB, OM*.IMMed The Contractor may be rewired to sweep certain areas at times and during months other than stated specified in these specifications. Ooffpensation will be on an hourly basis or per curb mile swept. 5. TIME OF 034PLErION: Me Contractor shall diligently prosecute the work and said work shall be completed on the specified days and at the specified times, including these holidays. Holidays shall be New Years Day, Washington's Birthday, Memorial Day, Independence Day, Martin Luther King Day, Labor Day, Veterans Day. Thanksgiving Day and Christmas Day are observed holi ?S and no sweeping will be done on these two days. The Superintendent of Public Works shall be the only person to decide when weather conditions are too adverse to sweep. 6. LIQUIDATED : The Contractor shall diligently prosecute the work to completion as scheduled. The Contractor further understands that he shall pay liquidated damages to the City of Cupertino in the sum of three hundred sixty dollars ($360.00) for each and every day that services are not cmpleted on time and/car streets are amitted. In case of breakdown by main sweeper, .immediate service within one hour by a second simper is required to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of $60.00 Per hour for each hour above and beyond one hour. 7. PUBLIC CONVFNIENCE AND SAFETY: The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. 8. RESPONSIBILITY OF C ONTRACMR: The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the Contractor, his agents or employees. The entire responsibility for any and all injury to the public, to individuals and to property resulting directly or indirectly from the performance of the work hereunder shall rest upon the Contractor, and he agrees to indemnify and hold the City free and harmless from and against any and all liability, expense, claims, costs, suits and damages arising out of the negligence on the part of the Contractor. All safety orders, rules and motions of the Division of industrial Safety of the Department of Industrial Relations of the State of California applicable to the work to be done under this contract shall he obeyed and enforced by the Contractor. The Contractor shall fly with all applicable State and local laws, ordinances, codes and regulations. 9. PAYMERr: The Contractor shall bill the City at the end of each ea pleted month for actual miles cc upleted. SPECIAL PROVISICNS PAGE 3 OF 4 93-012 STREET SWEEPING 3 of 3 PROJECT 93-102 C. SPECIAL ]PADV12SHNS, Omtinjeid 10. CITY'S OBLIGATION: ION: The City's obligations are as follows: 1. The City will provide reclaimed water from the City pond at Memorial Park for filling water spray systems. If not a drought season then adequate hydrant access throughout the City will be provided. 2. The City will provide and maintain disposal site at Corporation Yard for dhmping is picked up by the Contractor. 3. The City will provide safety efficiency checks. 11. OPTICN M FAD THE TERM OF THE CON RACr: The City and the Contractor by mutual agreement may renew the contract on a year to year basis not exceeding two (2) years from the expiration of the origin]. term. Any increases or decreases in the previous contract price shall be based on the Cyr Price Index (CPI) . The CPI shall be the San Francisco joakland Consumer Price Index for all urban wage e, ners. The adjusted (whether increased or decreased) unit prices shall be couputed as follows: Divide the difference between the CPI on the anniversary date of the agreee nt and the CPI on the date of the agreement by the CIF-I on the date of the agreement and multiply by the unit prices specified in the agreeanent. 12. CORMCT SECURITY: The Contractor shall furnish a surety bond in an amount equal to three months of the contract price as security fcw the faithful performance of the contract. A labor and material bond shall not be required. SPECIAL PRWISIC KS PAGE 4 OF 4 C: KCAL SP>�IFIC�'YQI�CS 13. Ems': the equipment to � used to oc�lete the sweeping snort oanform to the followir� requirenren4-s: 1. The xmtractc� snort ha�v{e proof of vwryership, or a sic�zed lease for fire duration of the va*atract. 2. All anachi.axes must not be ovate ten years old at the tip of bid and for the duration of the oantract, unless apgroved by the Directoa:� of Public Works and Riblic Works Super. 3. Zhe vontractcix� must use reclaiaaygd water provided by the City pond for filling water spray systems. If not a draac�at season then adequate hydrant aeoess thmugta�azt the City will be provided. 4. Marhiraes mast be equipped with an efficierYt water spray syst�n fcr dust control and the spray system must be ma>ntain� in good cspetatirag corydition at all times 5. MachiraE� roast be properly registered arad insured in accardaryoe with California State 1Nat'.:or Vehicle Laws and a copy must be left at the Setwice Centex. 6. Mac�ia'aes masts be in emoelleaxt w+orkiryg cor�iitiora and kept that way throughout the life of the ccartract. 'lhe outside body must be free froaa dents and large scratches. Paint aaea.st be well mai.ratained and color of swe�er array be yellow, red or white. 7. A suf f iciertt sully of spare broaus araci other F�i� must be kept on hand to ensure the timely and oo�ntinuovs fu1fi11merat of this eoartrac,t. 8. k7quipnnerrt must be capable of remaviryg litter, leaves aryl debris sufficiently to meet City starydarcl.�. During the Fall season earatractor rrnast rase a vataiu><Q sw�r. 9. Dquiparyent must confarm to alI federal, state and local safe'ry regulations. 10. Mad'airaes mast be equipped wi4�h dual guttrr bmootps not sivorter than 7" and main broom not sk�ortet' than 8" capable of swee�iryg at min;mams a nine-foot path, ar vacuum swami if pprcav+ed by Director of Public Works drad Publ1C War'kS Superinteryderat. li. All required aaaairateryaryoe, parts aaud fuel are part. of the voaatract and fuznisiaed by the C�xatxactar. 12. All majar a�echaraica]. probleets must be carrected at Corrtractar's yard. 13. Tn case of b1C+eadodoRary bin anain simper, iart�ediats sexvioe within one hour by a seoand sue' is required to oanQlete daily �edule. If doa�m far mare than o� hear, liquidat�l d will be a.�sessed at the rate of 560.00 per hear far each ixxar shave aryl beyond one hazer. TIc�w sPmclFzc�Ia�rs PAS 1 GF a C: TOCMUCAL FICAMM, 14. The contracted service shall display a City logo on each side and bark of the swesper at all tines during sweeping hours. (Sign size: 24" x 3011 with 211 letters; red letters on white background) . Emblem will consist of the City°s existing logo with the words "contracted by City of Cupertino" added to it. City to furnish said emblem only. TBC MC hL. SPB=CATICNS PAGE 2 OF 2 D. AGREERW THIS Ate, made and entered into this day of , 19 _ by and between the CITY OF C(AM UM, a California, hereinafter referred to as "CrITI, and KING, YNC a Contractor with offices at 901 DELL AVENUE SAN JOSE, CA 95008 hereinafter referred to as, "CONTRAC:ZCR"; W I T N E S S E T H: SFAS, CITY desires to retain the C iC'IOR :for SOMU SIORMG S MCES; and WWZEAS, CITY desires to engage CONRACTCR to provide these services by reason of its qualifications and experience for performing such services, and CaInMCIOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, TORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIC NS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of CA4m-tino, California, as presently existing, p.L:As all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager Of the City Of Cupertino, California, or his designated representative. 2. PRO= COOMINAMC N. (a) City- The City Manager shall be representative of CITY for all purposes under this agreement. The Public Works Superintendent hereby is designated as the PROJDCT MANAGER for the City Manager, and he shall supervise the progress and execution of this aunt. (b) Contractor. QCmmACMR shall assign a single PROJDC'I' DIRE= to have overall resp-insibility for the progress and execution of this agreement'. for OWnMCMR. Don Vierra hereby is designated as the PROJBCr DIRECIC)R FUR OOtnRACIUR. Should comes or conditions subsequent to the motion of this agreement require a substitute PRWECT DIRIDOR for any reason, the PRO►7DCT DIRECIOR designee shall be sub-ject to the prior written acceptance and approval of the PROJECT MIl9 M- -1- 3. DUTIES OF COMRACIOR. Services to be furnished in accordance with EXHIBIT "A" BID PROPOSAL and contract specifications. (a) Laws to be Observed. COWMCPDR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by C C11M under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this aunt, any materials used in CXkTM%--7M's --- Lcrmance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and fly with, and cause all of its subcontractors and employees, if any, to observe and eo ply with, all of said laws, ordinances, regulations, orders, and des mentioned above; (4) Immediately report to the PFO= MAWZM in writing any discrepancy or m- cions.istency it discovers in said laws, ordinances, regulations, orders, and des finenticmed above in relation to any plans, drawing, specifications, or provisions of this agreement. 4. CCMMSdATION. For the performance of the services described herein by CDBRIA IgR, CITY shall pay CMRAC'IM the sum of Seven thousand Eight Hm Dollars ($ 7,850.00 ) ► per „rni:h less any ions for work rat Fifty performed and or liquidated damages, payable upon lion by CURMCICR of itemized billings in triplicate; provided, however, that the total sum payable to CDATIl2 MUR shall not exceed N det �,�„s ,� F�undDedlar^s ($ 94.,200.00 ) per year. 5. LIQUIDATED DACES. The Contractor shall diligently prosecute the work to completion as scheduled. The Contractor further understands that he shall pay liquidated damages to the City of Cupertino in the sum of three hundred sixty dollars ($360.00) for each and every day that services are not eoupleted on time and/or streets are omitted. in case of breakdown by main sweeper, ismediate service within one hour by a second sveer--r is required to conplete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of $60.00 per hour for each hem above and beyond cne hour. 6. TERM. The germ of this agreement shall be one (1) year from the date of execution of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the contract on a year to year basis not exoeeding two years from the expiration of the original term. Any such renewal shall be accomplished by the City providing a written notice of ;renewal to CCIWI mom at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, provided however that the parties may agree to an increase or decrease in ccmpessaticn paid to the CORMCICR. -2- 6. TERM. (continued) Any increases or decreases in the previous contract price shall be based on the c mwu me-r Price Index (CPI) . The CPI shall be the San Francisco/Oakland Consu.-;uer Price Inez for all urban wage earners. The adjusted. (whether increased or dam) unit prices shall be ccepited as follows: Divide the differences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI on the date of the agreement and multiply by the unit prices specified in the agreement. 7. TEMPORARY SUSPFNSION. M-le City Manager shall have the authority to suspend this agent, wholly cx in part, for such period as he deems necessary due to unfavorable editions or to the failure on the part of the coNa?AGTQR to perform any provision of this agreement. 8. SUSPENSION; TERMINATION. (a) Right to SusPend or Terminate- The City .aay SULspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, OWMCIOR shall immediately discontinue his performance under this agreement. (b) Pamment. Upon such suspension or termination, eIItACIOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, If this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate 02nRAcIoR only for that portion of OONTRACIOR'S services which are of benef it to Cn Y. 9. IMSpEMCN. CCN7RACIOR shall furnish cTrY with every reasonable opportunity far cny to ascertain that the services of OONIR.A TOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any; shall be s+abject to the pRU= t AMIS inspection and approval. The inspection of such work shall not relieve OOuTRACIbR of any of its obligations to fulfill its agreement as prescribed. 10. ASSIGNMERr; EPPLOYEES. (a) Ass . Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, covey, or otherwise dispose of this agreement or any right, title, or interest in or to the same ar MY part thereof without the prior written consent of the other party, and then only subject to such terms and editions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any Subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this aunt and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. -3- 11. NCTICFS. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO C ONTRACIOR: Attention of the FRWECT DIMK'IOR at the address of CONTRACIUR recited above. 12. MEREST OF CONI3WIM. OMMMCIOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the se-vices ter. CCNTRACItR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. OONTRACIOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performarx- of the services hereunder, CWMkCMR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 13. IlQDEMI'TY. CONTRACICR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CONTRACT or any suboontractor under this agreement or of 03RMC CRIS or any subcontractor's employees or agents; (b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care custody, or control of OWMCIOR, or in proximity to the site of CONTRACMR'S work, caused by any act or amissien, negligent or otherwise, of C ONTRACMR or any suboontracfior under this agreement or of OONI'RACZOR'S or any subcontractor's employees or agents. (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CCNMCMR or a under this agreement, hover caused, excepting, hover, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demands which may be Wade against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caged or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by COMIRACIOR or any suboontrac'tcr under this agreement; and -4- (e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. CXMRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other, legal ;xoeeedings that may be tit or instituted by third persons against '.:1�'Y, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or emplayees in any such suit, action, or other legal proceedings. 14. WORKERS' CX7MPENSATION. ClORMCIM certifies that it is aware of the provisions of the labor Cdde of the State of California which require every employer to be insured against liability for workers' caq)er.sation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE. ccNTRACMR, at its sole cost and expense, shall obtain and maTtain in full force and effect throughout the entire to m of this agreement the insurance coverage of at least a 'B" rating as determined in accordance with the insurance industry standard, insuring not only CONrRAC'IM, Lut also (with the exception of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of there. with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CIW concurrently with the execution of this agreement or, with CI'I'Y's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney shall min an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement wit-l-, the City Clerk. 16. COMMCT SECUR..M. The CONTRACTOR shall furnish a surety bond in an amount equal to three months of the contract price as security for the faithful performance of this Contract. 17. AGREEKEM BINDING.. The terms, covenant, and conditions of this agreement shall apply to, anri shall bind, the heirs, successors, executors, administrators, assign:, and subcontractors of both parties. 18. tnTP,IVER.S. The waiver by either party of any breach or violation of any term, -:ovenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any sum breach or violation of the same or of any other term, tenant, condition, ordinance, or law. -5- 18. WkIVERS (continued) :he subsequent acceptance by either party of any fee or other nioney which may beecMe due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party ,.,f any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. OOSI'S AND ATMRNEYS FEES. The prevailing party in any action brought to enforce the ti m✓ of this agreement or arising out of this agreement may recover its reasonable oasts and attorneys' fees expended in connection with such an action from the other party. 20. NONDISCRMMdMCN. No discrimination shall be made in the employment of persons under this aunt because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this aunt is, or may be, Five Thousand Dollars ($5,000) or mcre., CONTRACTOR OR agrees to met all requirements of the 044pertino MWucipal coon pertaining to nondiscrimination in employment and to submit the. "Compliance Report - Nondiscrimination Provisions of City of Cuper tirra Contracts". If CONIRACIC)R is four-i in violation of the nondiscrimination provisions of the State of California Fair &ploymer.* Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct fray the amount payable to OORACTOR the sum of Twenty-five Dollars ($25) for each person for each, calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If OONIRAMOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, MNTRACICR shall be found in material breach of this agreement. Ttmxeupon, CITY shall have the power -A-) cancel or suspend this ate, in whale or in part, or to deduct fran the amount payable to CORIPACIOR the sum of Two Ht Fifty Dollars ($250) for each calendar day during which CONIRACMR is found to have been in such noncompliance as damages for said breach of contract, or both. 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 labors, workman, or mechanic rxuaied 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 sMll constitute a representation of fact as to the prevailing wage rates upon which the OONTRACMR or any subcontractor under him may base any claim against the CITY. -6- 1776. (a) Each CORMCMR and factor shall keep an accurate payroll recc-rd, 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 emmerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the prim-ipal office of the CONIRACIoOR on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or fiwni.O:®d to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in sutdivision (a) shall be made available for inspection or furnished won request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall Y-� made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such rewards at the principal office of the CMMACPOR. (c) Each OURMC7M shall file a certified copy of the records enumerated in subdivision (a) with the ertcy that requested such records within ten (10) days after receipt of a written request. (d) Any copy of xrsornvds 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 individuals name, address and social security number. The name and mess of the CONTRACTOR awarded the contract or pertormi.ng the contract shall not be marked or obliterated. (e) The OWMAMOR shall inform the body awarding the contract of the location of the records emmeerated under subdivision (a) , including the street address, CITY and country 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 C]OdJLR am shall have ten (10) days in which to comply subsequent to receipt of written notice speci.fyiM in what respects such COWrRACIOR mast amply with this section. 7 Shcwld 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. (9) 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 eceplianoe with this section on the prim (7ONMC M. (h) The Director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (eameencing with Section 6250) of Div. 7, Title 1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8 (ccamwicing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged to reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the empi:.yment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (cnwencing 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. Mien the CONTRACIOR to whom the contract is awarded by the State or any political subdivision, or arty subcontractor under him, in performing any of the work under the contract or saabooI employs wor)anen in any apprenticed craft or trade, the COWMACIM and subcontractor shall apply to the joint apprenticeship ccm<aittee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for certificate approving the C17RMCIOR or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, homer, that the approval as established by the joint apprenticeship cotmnnittee or committees mnittees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject C70NIRACPOR or subcontractor, shall arrange for the dispatch of apprentices to the CONI'RAMM or subcontractor in order to ccuply with this section. 8 Mere shall be an affirmative duty upon the joint apprenticeship ccmmittee or committees administering the apprenticeship standards of the daft or trade in the area of the site of the public work to erne equal employment and affirmative action in apprenticeship for women and minorities. CONTRACTORS or subcontractors shall not be required to s ibmit 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 Toyed in the draft 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. 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 daft 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 net less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the CnNPRACIQR for the 1-to-5 ratio ae set forth in this section. This section shall not apply to contracts of general CORIRAMORS involving less than thirty thousand ($30,000.00) or twenty (2) working days or to contracts of specialty CONT'RACIORS riot 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. "Apprenticed craft or trade," as used in this section, shall, mean a craft or trade determined as an apprenticed oration in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship cLnuttee shall have the discretion to grant a certificate, which shall be suliject to the approval of the Administrator of Apprenticeship, exempting a CONI'RAClOR from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unempl%ment for the previous three month period in such area exceeds an average of 15 pexrent, 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 apprenticed 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 loc31 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 is to be assigned is of such a nature that training cannot be provided by a journeyman. 9 When such exertions are granted to an organization which represents CX MAC.'IURS in a snec.ific trade from the 1 to 5 ratio on a local or statewide basis the member coumcrci6 will not be required to submit individual applications for approval to local joint apprenticeship oc�nittees, provided they are already covered by the local apprenticeship standards. A COMIRACIOR 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 apprereAced craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other MURAMWS in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other 0MRACIMS do, but where the trust fund administrators are unable to accept such funds, cmimer s not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The C ONIRACICR or subcontractor may add the amount of such contributions in cagxxting his bid for the contract. The Division of Labor Standards F]hforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. 'I se body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of caWliance with this section for all apprenticed oocupatio_ns with the prime MVIRACIOR. All decisions of the joint apprenticeship connittee under this 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 uni,m to refuse to .Zaeept 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, e-IMMpt as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a CXkPMCTOR willfully fails to fly with the Provisions of section 1777.5, such CXMMC MR shall: (1) Be denied the right to bid on any public works contract for a period of one year fray the date the determination of nonoampliance 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 norx=Wlianoe. Notwithstanding the provisions of Section 1727, upon receipt of suds a determination the awarding body shall withhold from contract progress payment_a then due or to became due such sum. 10 (b) Any such detexmi.nation 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 in entity other than the state. The interpretation and enforcement. of Sections 177.5 and 1777.7 shalt be in acaoordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) . It shall be mandatory ups the actimarm, and any suboontrac`..or under him, to pay not less than the said specified rates to all laborers, workmen, &r d mechanics employed in the execution of the contract. It is further expressly stipulated that the COFIRACTmCR shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or any subcontractor under work die under this Contract by him or any subcontractor under him; and CW RACMR agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the CCNTRACIOR or any suboontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, ackiijustrative, clerical, or other ran-manual workers as such) for which no minimum wage rate is herein specified, the CORMAC°IOR shall immediately i ately notify the City, who wi l l promptly thereafter det rmine the prevailing rate for such additional trade or occupation and shall furnish the CORMCIOR with the minimum rate based thereon. The minitoumm 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 corrrunuance of such employment. 22. AGRFEMERr CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agent between CITY and CONTRACMR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and cmnRAmm. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 11 1T WI'P4ESS NMIEDF, CITY and aNnUiCIOR have exeO ted this agreevent the clay and year first above written. per; CITY OF CUPERrIIJO City Clerk Mayor APPROVED AS TO EURM: City Attorney APPROVED: Assistant to the City Manager Director of Finance FSIGNR7URE Sig= FUR: STREET SWEEPIM PfOJEC ° 93-102 Approved by: Reviewed by: ml J. di Lynaugh D ectcorV of lic Works Senior Errgineerim tech REVIF3dID BY: Ken McKee Public WorkB s�erirrt�nderit SIQNAITM PAGE 1 OF 1 ' .; +r .to�' - d 'A.•�T,^'-r•�-��::�:- /.A�.. .T` .riV'� 'y�,•. `�k..�, :a �� +Z: '^ .+:Z -T x ..�- t._..+,!t.r,?�. _.•, -••h_ - �;t:.: t ,i -:•1 -� NZ_ rv..., ku,lll ._„. .i.:.:.. 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BID PROPOEML PW IN".T 93-102 TO,- THE DIREC M OF PUSL.IC WORKS, CITY OF CUPEMM, STAVE OF CAUMMA Dear Sir: in caupliance with the Plans and Specifications furnished for the work of she Street Sweeping Project in the city of Cupertino, Project 93-101, the undersigned, hereby declare that I have read the proposal requirement, 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 transporetation casts. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for cag3arison of bids. The City of Cupertino does not state that the actual amount of work will pond but reserves the right to incase or decrease the amount of any class or portion of the work cr to atait items or portions of 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 Pam- ibe work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to Clete the Street Sweeping Project, Project 93-101 as described in the Special >ravisians. I, the undersigned, shall diligently pros ute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the suns of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as scheduled and/or specified. ROUTING SWEEPING: Bid Est.Qty. Unit Item Unit Item Price Total 1. 628 miles per mo. Street Sweeping $L /mi. �% . EMERGENCY AND ADDITIONAL SWEEPIBiG: 1. Emergency and additional Street $ /hr. $ O /hr. Sweeping on hourly rate 2. Emergency y and Additional Street $iL /mi• $11,` ` /mi. Sweeping per Curb Mile PROPOSAL PAGE 1 OF 6 E�l+1AFFM&Vrf TO ER EXECU12D Mf RXEMAR AND SUMMED WME BW I, the signed, being first duly sworn, deposes and says that I am (Businesd Title) (Business Dame) the party malting the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has root directly or indirectly induced or solicited any other bidder to put in a false or shags bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder Or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any mangy, directly or indirectly, scat by agreement, eo minication, or eonferwm with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that Of any other bidder, or to sea any awe against the public body awarding the contract of anyone interested in the proposed contract. All statements contauwd in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdmn thereof, or contents thereof, or divulged inforwtion or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal page 2 of 6 Tn further coarpliance with the specifications furnished, i, the undersigned, suit the following status as to my experience and qualifications to perform this work as a part of this proposal. We have been in business urn- the present name for years. Our experience in work omparable with that required by the proposed contract is ` years operating under the following different nam (s) �Vfv �4w My California Contractor's License Number is The classification of my Contractor's License is The expiration date for my Contractor's License is * (This Section for city use only) e G e�above information has been verified by on fc; * Contractors State License Board (800) 321-2752 or (408 277-1244. *************************************************************************** Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, hover, at the time the contract is awarded the contractor shall be properly liensed. Proposal Page 3 of 6 The following is an exanple of work similar in charaCter to that required in the proposed contract which our organization or personnel in our organization has campleted within the past three (3) Years. Whom Phone Year Location Class For Performer) limber Amount v� p 006 Tf � C)6� r� ���,`� ���y ��-��� C`, �ZZ.H 1'�1� ►� �u�e-ems��� � �G � �f �a 1 �7 � t..I ,� r ��1✓ { 1 rL)<� LJ I A<` n O Proposal Page 4 of 6 'S POND The subcontractor(s) , as defined in the oral Provisions and in Section 7026 of the California Business and Professions C3ode, that I propose to hire to perform any of the work for this project in an amount in excess of orre-half of one pe_cen (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and ccuplete set of plans and specifications for this project by the bidder. 1. Name Address Wank to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed Proposal Page 5 of 6 HMMR*SSEMMUMFCM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A OOMANY OR A CD--PAFMGRSW, STATE ME COMPANY HUM AND LIST THE NAIL OF ALL INDIVnXIRL OD-PAIMWS OQUSING THE OOMANY. IF YOU AREA OOMICRMCK, STATE 90 LMAL NAM OF THE COFd3MTICN AND THE NAM OF 7HE PRESIDENT, SM AND MHWER. 7HE OMWWAn SEAL IUST BE AF IXM TO THIS FORM. ENS THE NAME OF YOM BUSINESS ON 7HE LANE OpPOSI'PE 7M APPROPRIATE BUSINESS TYPE. TYPE OF 1 BUSINESS tiJ � r�.� \ ��;��<_ �.�,�, .� NAYS OF BUSINM OOF43CRATION: OD-PARTNERSHIP: JOINT VENTURE: 01HER: ( 'ibe) "?I Name aril Signatxme of Bidder A -z type name) Date: A&hms.4 (mailing & location) : m P� _SAO M4f-�Io- AI 915-1078C Telephone Nam: Ackrxwledgment of all addenda received is requix-ed by circling each addend= number. 2 3 4 5 6 7 S 9 10 Pr Mal. Page 6 of 6 C: TEKIICAL R, IFTCATICHS 13. EQTIPME NI: The equipment to be used to complete the sweepu q must conform to the following . 1. The Contractor must have proof of ownership, or a signed lease for the duration of the contract. 2. All maw must not be over ten years old at the time of bid and for the duration of the contract, unless approved by the Director of Public works and Public Works Superintendent. 3. The Contractor must use reclaimed water provided by the City pond for filling water spray systems. If not a drought season then adequate hydrant access throughout the City will be provided. 4. Machines must be equipped with an efficient water spray system for dust control and the spray system must be maintained in good operating condition at all times 5. Machines mast be properly registered and insured in accordance with California State Motor Vehicle Laws and a copy must be left at the Service Center. 6. Machines musts be in excellent working condition and kept that way throughout the life of the contract. The outside body must be free from dents and large scratches. Paint must be well maintained and color of sweeper may be yellow, red or white. 7. A sufficient supply of spare brooms and other parts must be kept on hand to ensure the timely and continuous fulfillment of this contract. 8. Elquipdent must be capable of removing litter, leaves and debris sufficiently to meet City standards. During the Fall season contractor must use a vacuum sweeper. 9. Equipment must conform to all federal, state and local safety regulations. 10. Machines must be equipped with dual gutter brooms not shorter than 7" and main broom not shorter than 8" capable of sweeping at minimum a nine-foot path, or vacuum mn sweep if approved by Director of Public Works and Public Works Superintendent. 11. All required maintenance, parts and fuel are part of the contract and furnished by the Contractor. 12. All major mechanical problems merit be corrected at the Contractor's yard. 13. In case of breakdown by main sweeper, inmmediate service within one hour by a second sweeper is required to coeplete daily schedule. If down for more than one hour, liquidated damugm will be assessed at the rate of $60.00 per hour for each hour above and beyond one hour. TECHNICAL SPDCIFICATICNS PAGE 1 OF 2 C: TEUMCRL FICMUM, Contimlied 14. The contracted service shall display a City logo on each side and back of the stir at all times doing sweeping hairs. (Sign size: 24" x 3011 with 2" letters; red letters on white background) . Emblem will consist of the City's existing logo with the words "contracted by City of 04pertino" added to it. City to ftzni--;h said emblem only. TWMC AL SPDCIFICATICKS PAGE 2 OF 2 D THIS , madam wid er!tered into this day of ,_ by and been cm OF CUPERTM, a Wnicipal corporation of California, hereinafter referred to as "Curl", and, a Contractor with offices at ��v �o �?y� c, , • �.'t � �,,f�-r e hereinafter referred to as "COATIRAC.XR"; WITNESSETH: WHEREAS, CITY desires to retain the CORrRACXR for Sri SNEEPBG SEMCES; and WHEREAS, CITY desires to engage CXyBnYRALP to provide these services by reason of its qualifications and experience for performing such services, and CwIRACLoR has offered to provide the required services on the terms and in the matter set forth herein; NOW, TORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DE -INMC NS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the a n icipal boundaries of the City Of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by armexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. 2. FFa)Wr 000RDINATIC N- (a) Ci . The City Manager shall be representative of CTrY for all purposes under this agreement. The Public Works Superintendent hereby is designated as the PRO►TFICT NANACER, for the City Manager, and he shall supervise the progress and execution of this agreement. (b) Contrilator. cmf RAcrm shall assign a single PRC►7EGT DIRECICR to have overall responsibility for the press and execution Of this agreement for COS MACICR. ?� !'Q: #�a r� -, hereby is designated as the PM= DIR]MM FCR COddI UCR. Should c r tms or conditions subsequent to the execution of this agreement require a substitute PRD= Dincrm for any reason, the PRWWr DUaDMM designee shall be subject to the prior written acceptance and approval of the PRa7k7CT MOUM. -1- 3. DuriEs OF cmfi cmR. services to be furnished in aor-or�e with EXHIBIT "A1l BID PROPMAL and contract specifications. (a) Iaws to be Observed. COMIRACTUR shall: (1) Procure all permits and licenses, pay all charges and fens, and give all notices which may be necessary and incident to the due and lawful potion of the services to be performed by CACPQR tinder this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ar^di mnoes, regulations, orders, and decrees which may affect those engaged or employed grader this agreement, any materials used in CONIRAC.TM's performance tender this agreement, or the conduct of the services under this aft; (3) At all times observe and comply with, and Cause all of its subcontractors and employees, if any, to observe and oagAy with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PRW= N1AN�,Gi M in writing any discrepancy or inoomistehcy it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plants, drawing, specifications, or provisions of this agreement. 4. CcKPENSATICN. Far the performance of the services described herein by A=R, CITY shall pay QOUrRACICR the scan of Dollars ($ ,• ) , per , less any deductions for wank not performed and or liquidated damages, payable t>poal subuission by aIMM UR of itemized billings in triplicate; provided, however, that the total sum payable to RMCIO�tshall not exceed , f _ Dollars year. 5. LIQUIDATED DAMAGES. The Contractor shall diligently prosecute the work to completion as scheduled. The Contractor further understands that he shall pay liquidated damages to the City of Cupertino in the sutra of three hundred sixty dollars ($360.00) for each and every day that services are not completed on time aryl/or streets are omitted. In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required to cxrplete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of $60.00 per hour for each hour above and beyond one hour. 6. TERM. The term of this aunt shall be one (1) year from the date of eaaeotticn of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the contract on a year to year basis not exoseduq trap years from the expiration of the original team. Any such rwural shall be aeoonplished by the City providing a written notice of renewal to CoNTRACICdt at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, provided however that the parties may agree to an increase or decrease in ration paid to the OMMMMR. -2- 6. TER4. (continued) Any increases or' decreases in the We•✓iouS arz tract price small be based on the Consuater Price Index (CPI) . The CPI shall be the San Francisco/Oakland Constar Price Inex for all urban wage earners. The adjusted (whether increased or decreased) unit prices shall be muted as follows: Divide the dif f erences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI on the date of the aunt and multiply by the unit prides specified in the agreement. 7. T99MAW SLTSMSICN. The City Manager shall have the authority to suspend this aunt, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement. 8. SUSPENSION; TEMCDOMCN. (a) Right to Suspend or Terminate. The City may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, CDNTRACIM shall immecliately discontinue his performance under this agreement. (b) Upon such suspension or termination, CDNMCNR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of OOMIRACIOR, C1'PY shall be obligated to cmq3ensate CMRRACRICR only for that pc ticn of CONTRACTOR'S services which are of benefit to CITY. 9. INSpEmcN. ACIUR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRAC M are being performed in accordance with the requunements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PR0= MWGM's inspection and approval. The inspection of such work shall not relieve CCNTRACTtOR of any of its obligations to fulfill its agreement as prescribed. 10. ASSIGNMERI'; EMPLOYEES. (a) Assigmuent. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, oaney, or otherwise dispose of this agreement or any right, title, or interest in or to time same or any part thereof without the prior written consent of the other party, and then only subject to sorb terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and anY interest herein shall not be assignable by operation of law without the prior written consent of the other party. -3- 11. NOTICES. All notices !mac shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Tar m Avenue Cupertino, CA 45014 TO COMRACICR: Attention of the PRO► B T DIREMM at the address of COIJIRACIM recited above. 12. nCEWr OF OMTI'liACIM. L>1KI'wmR covenants that it presently has no interest, and shall not acquire any intent, direct or i ndi ec-t, financial or otherwise, which would conflict in any manner or degree with the p - -ormanee of the services hereunder. OQNMC M further covenants that, in the perfonoance of this ant, no subcontractor or person having such an interest shall be employed. 02 fMCIOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is aTressly agreed t hat, in the perfo,Ymmice of the services hereunder, CMMUCXR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 13. IMEMN Y. 03RnACIXt hereby agrees to indemnify and save harmless CIW, its, itsits officers, agents, and employees of and frcam: (a) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CWMACTM or any subomtractor Lander this agreement or of CONTRACTOR'S or any su actor's employees or agents; (b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care custody, or control of CIO MACPOR, or in prezximity to the site of CONTRACTOR'S work, caused by any act or cmisaion, negligent or otherwise, of CONTRAMOR or any subcontractor under this agreement or of CUMACIC►R'S or any subcontractor's employees or agents. (c) Any and all claim and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of COMRACICR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claim and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by oountACICR or any eutons tr A 1r, under this agent; and -4- (e) Any and all penalties imposed or dames sought on account of the violation of any law or regulation or of any term or condition of any permit. COPTMC-im, at its own oost, expense, and risk, shall defend any and al suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. 14. WCHKEMI COl' MSATICN. 02MZACTCR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will ccuply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE. C7ONTRACICR, at its sole cost and expense, shall obtain and ma-lntain in full force and effect throughout the entire term of this agreement the insurance coverage of at bast a "B" rating as determined in accordance with the insurance i.rdistry standard, insuring riot only COMMCIC R, but also (with the exception, of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by C0NIRACIOR for or on behalf of MY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of thi s agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled c altered by the insurer except after filing with the City Clerk thirty 30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 15. COAPI'RACr SBMMM. The CO 4TRACTOR shall furnish a surety bond in an amount equal to three months of the contract price as security for the faithful performance of this Contract. 17. AGREEPUM BINDING. The terms, covenant, and conditions of this agreement shall apply to, and shall bird, the heirs, successors, executors, administrators, assigns, arm suboontr?ctors of bath parties. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. -5- 18. WAIVERS (continued) The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be did to to a waiver c3' any preceding breach or violation by the other party of any terra, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSIS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys, fees experxied in connection with such an action from the other party. 20. NONDIS RDMUMON. No discrimination shall be made in the employment of persons under this aunt because of the race, col:.►r, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, 03MACIOR agrees to meet all requirements of the Q>pP.actino I urucipal Code Pertaining to nondiscrimination in employment and to submit the "Compliance Report - Nondiscrimination Provisions of City of Cupertino Contracts". If C ONMACIM is found in violation of the no vUscrimmutation Provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreevent, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to MMACICR the smug of Twenty-five Dollars ($25) for each perm for each calendar day during which said person was discriminated against, as damages for said breach of contract, or bath. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination Provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CM+TMCMR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to OCNTRACICR the stem of Two Hundred Fifty Dollars ($250) for each calendar day during which OCmmC7[m is found to have been in such noncompliance as damages for said breach of contract, or both. 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, wmiman, or mechanic needed to execute this Contract. The prevailing wages so detained 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 CMURACICR or any subcontractor under him may bane any claim against the CITY. -6- 1776. (a) Each cONTRACMR and subcontractor shall keep an accurate payroll record, showing the name, address, social sect ity number, work classification, straight time and overtime haws warked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by hit* 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 COMRACrOR 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 represemtativ+e on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship standards of the Deparbment of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be trade available upon request to the public for inspe&.icn or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship standards, or the Division of Labor standards Enforcement. The public shall not be given access to such records at the principal office of the OWTRACICR. (c) Each OONTi?ACIOR shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. (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 Apprentioeship Standards or the Division of "Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individuals name, address and social security number. The name and address of the ODNiRAcioR awarded the contract or performing the contract shall not be marked or obliterated. (e) The OONRACICR shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, CITY and country 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 COMMCIICR shall have ten (10) days in which to Comply subsequent to receipt of written notice specifying in what respects such OWTRAMOR must comply with this section. 7 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 porticn thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enfcroevent, such penalties shall be withheld from progress payment--, then due. (g) The body wwarding the contract shall cause to be inserted in the oontract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime CONII2P►CMR. (h) The Director shall adopt rules consistent with the California Public Peoords 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 to reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. 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 eacployment 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 ODNI'RACIOR to whoa 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 , employs workmen in any apprenticed craft or trade, the CIWIRACrM 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 certificate approving the CWMACIM 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 sabjec't to the approval of the Administrator of Apprenticeship. The joint apprenticeship or oamittees, subsequent to approving the subject CIMMhC M or subcontractor, shall arrange for the dispatch of apprentices to the CORMCICR or subcontractor in order to oaiply with this section. 8 There shall be an affirmative duty upon the joint apprenticeship omuttee 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. CORMLIMRS 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 draft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship camittee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon 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 CJCOMCMR for the 1-to-5 ratio as set forth in this section. Zonis section shall not apply to contracts of general 03TMCIClRS involving less than thirty thousand ($30,000.00) or twenty (2) working days or to contracts of specialty CONTRAMMS not bidding for work through a general or prime CC)NI'RACrOR, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. "Apprenticed craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticed occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a C)ONIRAC."IOR from the 1-to-5 ratio set forth in this section when it 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 apprenticed 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 is to be assigned is of such a nature that training cannot, be provided by a journeyman. 9 Men such exertions are granted to an organization which represents C OMRAC:TMS in a specific trade from the 1 to 5 ratio on 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. A coun , mR to wham the contract is awarded, or any subcwntractcr under him who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticed craft or trade and ;mho is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other OMMMCMFtS in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices an the public work in the same amount or upon the same basis and in the same manner as the other COrIIRACIURS do, but where the trust fund administrators are unable to accept such funds, COHIRACICRS not signatory to the trust aunt shall pay a like amount to the C aliforua Apprenticeship Coil. The MURACTOR or subcontractor may add the amount of such contributions in cceputing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the ribility of compliance with this section for all apprenticed oa ations with the prime COMJ CM. All decisions of the joint apprenticeship committee under this 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. (And by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a CCUIRACIOR willfully fails to comply with the provisions of section 1777.5, such COM.RACICR 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 ApWenticeship: and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. Notwithstanding the provisions of Section 1727, upon receipt Of such a determination the awarding body shall withhold from contract progress payments then due or to became due such sum. 10 (b) Any such determination shall be issued after a full investigation, a fair and martial 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 in entity other than the state. The interpretation and enforcement of Sections 177.5 and 1777.7 shall be in acsoordance with the rules and procedures of the California Apprenticeship council. (Amended by Stats. 1978, Chi. 1249) . It shall be mandatory L4= the OMPACIM, and 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 eacpressly stipulated that the CCNMAC M shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mer-panic paid less than the stipulated prevailing rates for any work done under this Contract by him or any subcontractor under work done under this Contract by him or any subcontractor under him; and CWnMCIM agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the OONIRACMR or any subcontractor to employ on the project under this contract, any person in a trade or oration (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimm, wage rate is herein specified, the CONrRACICR shall immediately notify the City, who will praza tly after determine the prevailing rate for such additional trade or occupation and shall furnish the CM RAMM with the minimum rate based thereon. The miniam= rate ttius 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. AID cwnu Ns Am LMERSrAr DDW. This document represents the entire and mated aft between CITY and cOIJMC OR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CWMCrCR. All provisions of this agreement are e)apressly made conditions. 'This a shall be governed by the laws of the State of California. 11 w wrness w=F, cnY and QwI w.-M have exeuated this aft the day and year first above written. 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V ch Canteen L D of lic Works Senior Engineering Tech REVIEWED BY: Ken McKee Public Works Superintendent SIGE PAGE 1 OF 1 PROOF OF PUBLICATION Rling Stamp (2015.5 C.C.P.) PROOF OF PUOIICATION State of California County of Santa Clara I am a citizen of the United States and a resident of the State of California: I am IN Im over the age of 18 years, and not party to or interested in the above-entitled w i o matter. I am the principal clerk of the WadbOdtMlBmfefrKdthepn�06d Contractor and MeCq Trod Fedaaf brads are involved n this pro- shall be Me benddleh owmer of any printer of Mefon,550 Souffi First Street, xa Mond"bids 0 umated sham be aecirivaa Substituted for m,oneya uffif maliated by the taoue of 00 b%W to held and sham reofYe arty interest ON& San lose, Califomia 95113 a newspaper 0B aoafaed in accoadanm Pub the taws a.. d am State d California, Coy of CupMno No,lids Will be awarded to a oondactm Br.AWRI ita VW040ark published in the English language in the who 6 nct licensed i,accorAenoe aith Data March 3.M93 Me Provisions of Division 3 of Chapter (Pub lal 031181 City of San Jose, and adjudged a ���Busnam am Pro. liens mCOmmWeR5 The contract shah M be awarded to newspaper of general circulation as Cm OFCUPWRID any bidder who does not pmm me am SY UMS,PROW a aR"Mate Uoemes defined by the laws of the State of W An has ttaoervd we be mmw to the The pry d Cupffboo,IWW ton Ave QV Council of Cupertino wan thirty California by the Superior Court of the nue,Grdaomo.Samaam County.Cal. days d Tempt,at wart him am sty to".ads salted popasob oar Ore Council will review and act upon me County of Santa Cara, State of construction of me Ovedtaadetinea d bids submitted. Aram.itam,we be on Me Ptafs and/or in the Spectra made to the responsible bidder whose California, on April 7, 1988, Case No. 1JEL7Tn102 stet sf�Pwc PRO �'s most ah °'�`°°� Contort Documents,cotnwa as lie The Cq a1 Cape one ftem One wit 6512 74; that the notice of which the bee to Codlem%Wotosa6 Time ler to arced Me cabtraa to any oaa►tind Comptatian,TSknated Quamtim llpr bidder based on the proposal that is annexed is a tinted co has been w111smAa'rdavlt. Quatimeation momadmmegeastoMecty.The cq P PY 1`011%Sudtoabadas Toff,Si NIM ahem ftisaves the ri�n b rEpd any or et Fomn.SUMM Speckaboma,General bids er to wean any ffVATW in Me published in each regular and entire Rpv,9ofn,Speaal Hoaisnrs and Hans, Droang pocedbres,probed as Val FaMtd Fadormance Boyd,labor and nme rand taro afhtaed Roe amount issue of said newspaper and not in any MaterfalPoo,InsbmnceCabheates of Mebdarraa�have ghenallow and Contract for Public VfMS may be as mhentage ff bereft not amrivred oM, supplement thereof on the following 'viewed and a.pas of same may be erbiddem obtained at the office of the City En- The Ca*KW sham burnish to the City a Sineer.Cq of Cupertino,10300 Tome Faithful Performance Bond am a tabor dates, to wit: Avenue,Cupertino,CA 95014.at no and Material Bmhd as navuaed On me cost to One bidder SpWo attention of spehlrarooti w�A61 bodes s directed he Section T,Rep. m slam be aardatay Lpon lie CoMao- M/Ytf4la 18L sal and Award d COMAI ,of the Genf icon to whom the contract is awarded. at Provisions for 1W dae7ias as to UeE and upon all subconbacbOm to pay not we Ifs than One general pavading wage Sealed PMPo"Wit be Wowed at the rates to at vorkns employed in the®te- aft d the City CIA Cq Mal,Cry of action of the comma as ponded lot in all in the year of i993 nCo 5o.- T�Mw MW2:00 7-1.01A doe Standard Spec Marti 30,1393,at r ladn We they w0 Payments to the Contractor will be I certify (or declare) under penalty of be Publicly opened and damngeletlre MOM n case by sad City Won sootne. tuials no. son by Me Contractor and approval by At Propasa6 or bids shall nd acmomp& Me Erhpnea d a pmgrasabft whim perjury that the foregoing is true and fad bywAacashoradadacare, ollim MevakaofftWC ccomptet®d. tied d"peyabte to Me amen d Me na Moss payrams made as work correct. City 0101111110110,0 bra amount of tan ovessis Will be pamaats on amota Proem(10%)d the bad,in by bond aft we rat be considered as an NO at be Saw by the bwar am a col a any Me netmal a d wor Dated: MARCH 18, 1993 N non d pet d Prees .of IN the bdft aw hire try the cad. (2)a111111115 who Nat AIS*before any Pursuant to Section 4590 of the Caron OMW mmpetrohl to ndmnes an eels, We Government Code,we Contractor at San Jose, California. in double said amount and over and wd be pamaed,Upon tttr►aam and is above am stetutmy eramptars. Said sole etVeruo,to Rdfietele hem l lof Gash a dadr sham be lodiated or sec any morays withhold cur the City to lee bu d Nan become payable to me City sure Performance undo the Ca trad. in use Ole boot deposMg am Senor Said Sewdt®Pull be aepasaed wedter am not ate go a omddlad with the WIM me CRY or we a stele or andraey Cq wourt tun 00)days alter vmtah no chartered bank as escrow Vent. burn to Me Cr»Ot has been am& Securities.elpjble in tics 9,bsuubon ad Me tonnam are Rase listed n Sem on ll= Melvin Usa Thomas Am bids sham be oanpaed rang IN ez Caft ous Government cocoa boil,or "ad vast"mwmd by the Tin• smo am Ian ceitttmattss d dMosq gyve ad Me Una Poo sad.No interest bearing demand deposit cur for i ta0faded pnoposat a fun%stanshy Was d ma ra any bed Pura m accepted. Oindem are re allm scanty mutually ageed On by ma