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Home My WebLink AboutMaintenance Contract - Leo F. Piazza Paving Co. - 1977 maintenance Contract (Leo F. 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Sag r�t• * ,�,., ,� ,.� , �� c IX ��' z r:;. , 4�'`- -.„«,s`,c.:. 3 } ,x sf u x°Wit„ Wuxif ' r M gift 3 R „ ✓ " 7W ' •'. :zed to transat mray butfam,in Ei'6�ft = ,,me ImM and fin*bound 000 CM Ir MUM s� s in the sum of TMM EMM MMM F I VMT MM AM l 1llM a o - _ for the payment whereof, well and truly to be es,their administrators,successors and assigns,fitly and ,0 *by'dme pmmt& The condition of the foregoing obligation is such that, above-bountleeri ffincipal has entered into a contract,dated . 19 ,with to do and perform the following work, _ to wit: MKINTENANCE 4.01t°1'RACP FCR STREETS, A8311M OVERLAY 77-1.5 rr NOW, THEREFORE, if the above-bounden Principal, his or its heim eacvwtors,administrators, successors ` or assigns; or subcontractors, shad fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant,or any amounts required to be deducted,withheld,and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bored, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said survy will pay a trasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons,companies or cogxoations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED,SEALED and DATED this 20ch day of June , 19 77. LEO F. PUMA PAVING CO. s Principal Seal) C e By Donald B. Brown, Vice PresideAt & Gen. Mgr. INDUSTRIAL:6I FAWNTI;Y C ANY By _ Attorney - -a • 3 $veto M 44/741 0. �a •-� 'C.` " ..`4 .'� a s.�. c k'x as a � r C I TY OF CUPERT I NO 10300 TORRE AftNUE CUPERTIN09 CALIFORNIA 95014 L .We.the undersigned. hereby verify that the fdWwinz dwen-bad ins== a in f am at dft flats,of stlich % is insured with Underwritm at Lloyd's,JAWon % is insured with Certain Insurance Companies. London, England 00 % is insured with Bellefonte Insurance Company 14arne Assured: LEO F. PIAZZA PAVING COMPANY of 985 BLOSSOM HILL ROAD Address of Assured: SAN JOSE , CAL I FERN IA 95123 Location of Risk: CITY OF CUPERTINO OVERLAY Kind of Insurance: THIRD PARTY PROPERTY DAMAGE EXCLUDING AUTOMOBILE Policy or Certificate No: 8-92247 Period: From: I1/1/76 To: If/1/77 Limits of Liability: $250,000 EACH OCCURRENCE, $250,000 AGGREGATE THIS POLICY WILL NOT BE CANCELLED OR MATERIALLY CHANGED WITHOUT THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER HOWEVER, IN THE EVENT OF CANCELLATION ON NON- PAYMENT OF PREMIX ONLY TEN 110) DAYS WRITTEN NOTICE OF CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER. CITY OF CUPERTINO, ITS OFFICERS & EMPLOYEES ARE INCLUDED AS ADDITIONAL IN- SUREDS SOLELY AS RESPECTS WORK BEING PERFORMED BY OR ON BEHALF OF THE NAMED IN CONNECTIrl,1 WITH THE ABOVE LISTED JOB. Ilia doh is furnished to yor- as a matter of information only. The imomwe of this&cament does not make the person or organization zewhGrn it is issued an additional assured, aw dais it modify in my ms I the of insurame between the Assured and the Undawriters. Any ameAdmevit, change or eaemion of smh contract can only be effected by specific endorsement attached thereto. For particulars ed the limitaticas, conditions and terse of the covmge you we referred to the original Policy or Policies in the possession oirthe Assured. 11a undemigned will have no responsibility to give notice of cancelloian of dds inswaime except to the extent Spe. cifically provided herein,nor we we Insurers.bowevra low ante his b be I Togo.br- 4-by zyn& SUCH INSURANCE AS IS AFFORDED BY POLICY #0-9.22IS PRIMARY !Y URANCE AND NO IN SURANCE OF TiJE ADDITIONAL INSURED WILL BE CALLED UPON SAYU�^ TOM-04C. TO CONTRIBUTE TO A LOSS. !%I if J or, 20. ig IL Dawd at San F rammL%a a By ma-MILLER '& AMES /cc CORR06N ;SST$24.0(rev 10174.RWwwA2040M of SAT$24) P{Ii 68, 414"I ti1'SI32' i � ' �• _ t :7Pl�r'fii4 owl AVM w�+ai' ;ter. � � �� ►,±� t� � ,� aE-�eme�++ Q [' +Z per.wg, z, � •fir .. r�Lvt AI'86 ADMIES tuts®It> D AND LW. • PIAM PAVI' OMIM ►' OF ACUM 1 98 ss+��tHILL ROAD 4t A '. C� TI , CALIF M 95,014 .TOSL�, CAI.I 3 IEi 951D Iotder is a less free witti resptt ID We described auto.that"we 0 _ "UmI ER KIND OF CN$Ufl^NCff AND COVERA6M5 LIMITS #� �F-XPIRATtON _3 1739 WORKMEN'S COMPENSATION CALIFORNIA Statutory i 7/1/77 EMPLOYER°S LIABILITY S 2,000,000 each accident ; loll 76 74852 BODILY INJURY LIABILITY S 000 each person � 7/1/77 - .EXCEPT AUTOMOBILE S 6OG each occurrence S OW aggregate products v PROPERTY DAMAGE LIABILITY S N/C .000 each occurr„nce EXCEPT AUTOMOBILE S WO aggregate operations S .000 aggregate protective S 000.aggregate products S ODO aggregate ccntractual GLA 76 74852 BODILY INJURY LIABILITY• j $ � .0CA eaO:verso„ 7/1/77 - ArUTOW)BILE $ 00C each occurrence i GLA 76 74852 PROPERTY DAMAGE LIABILITY FS On'J eac`o- vjrrer:ce 7/1/77 - AUTCU7BILE i MEDICAL PAYMENTS -_AUTOMOBILE ( S each ;a--Son j PHYSICAL DAMAGE - AUTOMOStLE - AC7'.JAL CASH WALUE UNLESS OTHERWISE STATED i 1 COrM.PPEHENSIVE S j COLLISION OR UPSET 'LESS deductitr P FIRE AND THEFT S -IF COMPREHE14SIVE LIABILITY, CHECK HERE Desci!zion of Operations. Locations. or Autoimoaile; Covered, or A&':;-ra' Cc.e:age,. or Special ConV,orr TS OF LIABILITY: $500,000 EACH 'J'CCURRENC'" ND =%G-_PXCAT_-E (COMBIN:ED SZ?dGLF ',12,117; FOR BODT�_ 'E Y, GENERAL LIABILITY AND BOG EY UULTR Y A;..'D 2r, 'E=:TY DA. AGE, UTM-DBI LE LZAi3I LZfii. POLICY #GLA 76 74852 - CITY OF CUPERTINO, ITS OFFICERS & EMPLOYEES ARE ADDITIONAL INSUREDS SOLELY AS RESPECTS WORK PERFORMED BY OR FOR THE NAMED INSURED IN CONNECTIO IITH CITY OF CUPERT I NO OVERLAY #77- 15 LFP JOB #77-024. SUCH INSURANCE AS IS AFFORDED BY POLICY #GLA 76 74852 IS PRIMARY INSURANCE AND NO IISURANCE OF THE ADDITIONAL INSURED WILL BE CALLED UPON TO CONTRIBUTE TO A LOSS .'POLICY #GLA 76 74852 -AFFORDS BLANKET CONTRACTUAL LIABILITY COVERAGE AND THE grXCU" EXCLUSIONS HAVE BEEN DELETED. PRODUCER AND ADDRESS ELDORADO INSURANCE COMPANY e CORROON & BL4iCK-MILLER br k ES 50 CALI FC_,;=°IA STREET SAN F&AUNCISCO, CALIFOWNIA 94111 Seaarsry 9.e:Qent • COUNTER$lGtIED $tIl Iramciscot Ca3if. ,2QL77 I* s • ,i i7TMOQIZED RE.PRESENTATIYE s; A s r, , TO: it. E. Ryder, Dirdttos of Admin. Services ' DATE: .Tune 24, 1977 Our File: 98,493.8 S OW Bert J. Viskovich, Director of Public Works R SUMCT: Contract for Public Works - Asphalt Overlay 77-15 Leo F. Piazza Paving Company Transmitted herewith are the following items relative to the referenced project: 1. Three copies of contract document for signatures of appropriate City officials. (Please return two completed copies.) 2. Contract Bond No. YS 758-2768 Industrial Indemnity Company 3. Contract Bond - Payment No. YS 758-2768 Industrial Indemnity Company 4. Certificate of Insurance - Eldorado Insurance Company - June 20, 1977 5. Verification of: Insurance - Sayre 6 Toso, Inc. - June 20, 1977 sm attach. Rr u &q r 4 , 'rx s t ate 8oi$ l�fo Stre didg �. pia et �Si1 Me Qt'e � of�I de Three oei�� CoAie P Rfte�Z� p8 %05IQI Caotra8 �,� tie Poll e�c. •i 8'l�` ct for P oho$ d�c � ; 0 Of lir � �e�t for do ork $Y Yo cl t.Y fir $P r tge a f Pr "aI E 'er Plef �ccpe� i o R' •� r `� e rat •t �o ftd r ? $ orb to tdiD F, � CAS s offlee614, z� r i ? 14;r ,iM a T r 5 rt4 e n 3 � UIiam B. Ryder ;;. Director of Administrative Services *° City of Cupertino s# 10300 Torre Avenue Cupertino, California 95014 RE: Documents for Approval Dear Dill: ' Eaclosed are the following documents, which I have signed in my capacity as City Attorney: Three (3) - Contract for Public Work by City of Cupertino and Leo F. Piazza Paving Company V my yours, DAVID H. AD �g City Attorney DHA:di Enclosures 6 7 e a � s_. � 'r .�d -„ _,a.' six ,„z. ....`,:- ._- ., .<', ... ;1 az -., 'is #.mot" y•.3-°' .��` - o ..� Shk ?Ya,. by the 61ft JW w a wardelpal 4ozooration of the Statte of Calif as 1wreltrafter caned the Citys .and b�.. LW T. FFAM PAWING CtlMPA hereinafter call d the Contractor. IT is HEMEBY AGRM by the parties as follows : 1. The Contract Donumen is . The complete `;ontract con- s i.,4 t S o .he oisowinv contract documents : � Plans and Specifications for *Majntenance Contract for Streets, Asphalt Overlay 77-15; Proposal (Exhibit "A" attached hereto) Any end al: abliaations of tl.e City and the Contractor are fully set forth and described therein. All of the above docufaents are • intended to cooperate r that any work ca.'-led fce in one and not msntioned. in the other, or vice versa, is to b executed the same as if mentioned in a_1 of said documer_ty. The documents :!c.npr'-.sing tae complete :cn- tract are so�:.etimes hereinafter referred to as the Con'ratct Doru- wnts. In case of conoli.t ijetween the Pla.:s and Specification..' u!a the one :and , a:►:u t.hls Contract; on the other, the Plaran and S j--ciftc at,ion: shall ar-'rall. P. The Work. Otis nein- r-act cr agrees to furnish a t _ of the tools , equipment , apparatus , :acillties , labor, tr?nsport"a- vion , and a: ter_al necessary zo porform and complete in a g:od and workmanlike manner, the work. of asphalt overlay including but not limited to raising manholes and valve cans to grade. r � i' they; +��" + 8i 4t�t4 d n st et v with* Flans and sp.eeificat p d by the ud 06.... a city tic► sftood by t � City wMeh Plans gmd SP00100010ft $ lot STMM, ASP T 3' 0-4 aid whits Pims and fteeirications are Iftnt fled by the 818na- tufts of eie partie4i to this Contract. It 1s understood and apeed that said tools, equip nt, apparatus, facc litles, labor, transportation, and 'material shall be furnished, and that said work shall be performed and ^ompleted as required in said Plans and Specifications under the sole direction and control of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative -for the purpose of this Contract the following LL named person: Bert Viskovich, Director of Public Works 3. Contract Price. The City agrees to pay, and the Contractor agrees to accent , in full payment for the work above agreed to be done, the sU�a of TWENTY-EIGHT THOUSAND FIVE HUNDRED FORTY-SIB DOLLARS ($28,546.00) subject to additions and deductions as provided in the Contract Documents. 4. Disputes Pertaining to Payment for Work. Should any dispute arise respecting the true value of any work done, of any work omitted, or of Dry extra work which the Contractor may be required to do, or respecting the size of any 'payment to the Contractor during the performance of this cora.tract .9 said dispute shall be determined either by reference to the unit of prices , if applicable , or in accordance with the agreement of the parties, or in accordance with the rules of the ,American Arbitration Association if the parties are unable: to agree. 5. Permits] Compliance with Lack. The Contractor shall, at his expense , obtain all necessary permits and licenses , ease- ments, etc. , for the construction of the project:, give all neces- sary notices , pay all fees required by law, and comply with all laws, ordinances , rules and regulations relating to the work and to the preservation of the public health and safety. 6. Ins]2ection by the City. The Cont.ra�ctor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops -2- � r It a l't not or cbl to,zip+ . the : oi` riht val thereo f work bd of, 4oftents It M"tP MidU491tion at the Should the ..., _ .{ from the S . er, Mawr . t Mcumats, it Shall have 4 ASM to a0,s,• a the ffi " awl in no W8Y affect or make zi contridt., but, the cost or value the of will be added to, or cteld frou, the amount of the contract price,,, as the awe may -be,, by a aalr and reasonable valuation. which. valuation shall be determined either by reference to the unit prises, if applicable. or in accordance with the agreer4nt of 'the, parties , or in accordance with the rules of the American Arbitration Ass®cat ion if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorised by solution of its governing body, and by all agencies whose approval is required by lass, stating that the extra worts or change is authorized, -And no claim for an addition to the contract sum shall be valid unless ao ordered. • S. Chanties to beet gnvircnntal Reouirements. The City shall have the right to mate changes in this Contract during the course of construction to-bring the completed im- provements into compliance with environmental requirements or standards established by state and federal statutes and regula- tions after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agrecment of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. ' 9. Termination , Amendments or Modifications. This Contract may 5e to mated, amended or modified, with the :mutual ::onsent of the parties. The compensation payable, if any , for suci: termination, amendment or modifications , shall be deter- mined either by, reference to the unit price , if applicable ,, or In accordance with the agreement of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. • 10. Time for Cormoletion. All worts under this Contract shall be completed before the expiration of 25 consecutive working days from the approval of the contract. - to or 4 he or Ya ; in the woricm .'Un . runs, h r. tObt s fir _ by At _ uOder r• jOrOdSIODS In the dim- tract Do t�• 11. Ins eotion- and Testlas of Materials. the Con- tractor' shall no t y a s u o e t 8Dt advance of r the manufacture or production of materials to be supplied by him under this Contract, is order that the City may arrange for mill 'or factory Inspection and testing of the same, if the City requests such notice from the Contractor. 12. Termination for Breach etc. If the Contractor. should be adjudge3 a biMrupt., or if ire sbould make a general assig:iment for the benefit: of his creditors, or if a receiver should be appointed .on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the .Contract, the City may serve written notice upon him and his surety of its intention to terminate t ,le Contract , suer. notice to contain the reasons for such intention to terminate the Contract , and, unless within ten days after serving- of such notice, such violation shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said ten days , cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract ; pro- vided, however, that , if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract , or does not commence performance thereof within thirty days from the date of the serving of such notice , the City may take over the woe's and prosecute 0he same to coapldtion by contract , or by any other method it =ay deem advisable , for the account and at the expense of the Contractor, and the Con- tractor and his surety shall be liable to the City for any ex- cess cost occasioned by the City thereby, and in surh event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, applian+yes , plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. Thg Citv's Right to Withhold Certain Amounts and Make Application- 'Thereof. In addition to the amounv which the . -4- `4 r � tt con. t or �- lt,.% as in its, AW = - d is i Y =- %,Wi ur ►' a y Or a t 3 li- l + or 1br tor such In oloo ral Such payment My be =a& w1thout- <a .. _ dim diftnAnation of the cial a or claims. 141. Notice and :Seryice Thereof. Any notice from one s to the other er $e c all. be In writing, and shall be carted and signed either b the y party y wing such notice, _> or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose Whatsoever unless served in the following manner: (a) if the notice is given to the City, either by personal deli!very ,thereof to the City Xana- w" ger of the City, o,,9 by depositing t1* same in the United States malls, enclosed in a sealed envelope, addressed to the City, postage prepai i and certified;; (b) if the notice is given to the Contractor, either by personal, delivery thereof to the Contrac- tor, or to his duly authorized representative at the site of the proiect, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at 985 Blossom Hill Road, P. o. Boa 23550, San Jose, California 95153 postage prepaid and certified; and (c) if the notice is giver to the surety or any other person,, either by personal delivery to such surety o. other person, or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. Assignment of Contract. Neither the Contract , nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written ap- proval of the City. .16. Conollance with S ecificaticns of materials. When- ever in the Specifications, any material or process is in icated or specified by patent or proprietary name, or by name of manu- facturer, such Skecifica.tions must be met by Contractor, unless the City agrees 3 n writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. s� .^fSq F- Y ° a r .'- . , B .,rs lvk zz '$ �1[iiii�F -y��i arR x 4 g •`i,. Y M=.�M,1,4 Min A or t wr dimepeet to such work pay- of ® `q��i �� i .�" �Yggy.�p � � /� �y�� t, � k l$fror/�tha+t pay— N 'Mi 6i� S�v Fii� �i-s �t W'iy$"t� $� �e tM Ni ieA�ed !/y t'/ V $dL-t in •• ` Ca3e suit is bra t n h_ �Yypt. • Kii the boiid8 18. Insurance. The Contractor shall not #, omence :pork under this Contra�'f he has obtained all insurance rL'quir'eCi under this parkgtaph and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to com- mence °pork on his subcontract until all similar insurance re- quireed of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of- the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Con- tractor's coverage to include the contractual liability assumed by t::e Contractor pursuant to this Contract and particularly 'Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Ccntract shall also contain an endorsement providing than thirty ' (30) days ' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) Woelcmen's Commensation insurance and Em- ployer's Liability Insurance. The Contractor shall take out and maintain during the life of this Contract Workmen's Compen- sation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and, in case any :pork is sublet ,, the Contractor shall require the subcontrac- tor similarly to provide Workmen' s Compensation Insurance and E.Yrployer's Liability Insurance for all of the 'Latter's employees �L.iless such employees are covered by the protecti.on afforded by the Contractor. In signing this Contract the Contractor makes the fol- lowing; certification, required by Section 1661 of the Labor Code : 01 am aware of the provisions of Section 3700 of the Labor Code enrich .require every em- ployer to be insured against- liability for workmeh's compensation or to a;adertake self- insurance in accordance with the provisions of the code, and I will comply with such provisions -6- M �`'s, AM a Work �� ` 1.1 0 trac or x, im '�ryr� � t �1 Y r -0 h +ra!'.t soi� w COV + ace tic" s. kno*n apto L tIn coll' and Wor { r v Cont ractor�"s twoa is t s t�$ePsudhtlonsey T or by VOW sub+ i'i►$r c �7P or by anyone directly or in- directly employed by a ether of thews and the amounts of such In- surance shall be as fulLo : dilir Injury Liability Insurance in an amount not less than $ ,000.00 for injuries, � including accidental death, to any one person, and, subject to the SaW limit for each person, � in an amount rot less than $ 5W,ot0.00 , on ti- account of one accident , and Property Damage Liability Insurance in an amount not less than 200,000- 0 ., The CAty and its officers and ® e employees, shall be namd as additional insureds on any such policies of insurance ., which shall also contain a ,provision that the insurance afforded thereby to the City, its officers and employees , shall be primary insurance to the - `. full limits of liability of the policy, and that, if the City, or its officers and employees, di ve other insurau'ac-9 against a loss covered by such policy, such other insurance shall be ex- cess insurance only. (c) Fire Insurance. The s E e out and maintain For the gene fit of both parties _ is Con insurance covering loans by fire, extend overage en- dorsement s (windstorms hall, explosio ot, riot attending a strike , civil c motion, aircraft , yphlrcles2 smoke) , and van- dalism and malicious f =upe a entire structure on whichthe work of this Contract i done to one hundred percent (100 ) of the insurabl ue there . Proper evidence of such E Insurance shall rnished to the If the L City provid a fire insurance hereunder, anq'` Contractor desire ader protection than the perils of less b ex- t _ coverage enddrsement,; perils, and vandalism and mallc $ Supply in or ex, as the case may be, in the blank. -7- v v `.. r W-0 And _MT Y r rP a ffi :4 'b d �:t. o t ` he s Shill ewer it is soft spry ftd at his say a and e} z ` nse during the course or s operations under this Contract such warnings, signs, and b! a - as =W be required to protect the public. The provisions or -the preceding sentence shall not impose any 1fabili ty upon the City and are for the express benefit of the gertera1 public. 20. Nours of Mork. Eight hours of labor during any one calendar day And forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all t ork done hereunder, and it is expressly, stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Con- tract , shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one . calendar creek, except , as provided by Section 1815 of the Libor Code of the State of California, work performed by employee.; of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times 'the basic rate of pay. It is further expressly stipulated that for each and every violation .of Sections 1811-1815, inclusive, of the - Labor Code of the State of California, all the provisions whe.-e- of are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five Dollars 025. CC) for each laborer, workman, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contracts for each calendar day during which said laborer, workman, or mechanic is requized or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, Mork 1 .y �' 'i fin. ,' f"+ ) A ± ✓}a Fx' w u y} 7. 8 ' ct Of y or Its r t o due, : `, the t offo .a § � , t t k Y ►y 11h., the art 'A v ec '." a part he t. Neither iee i 3-hall cmetltute a ration ®. Fact s to thee pravalUng is wao rates oVen ft1ch the 0=1fractor or any subcontractor wider b m =W base any clai= agalnet they City. It shall be mandatory upon the Contractor,, and upon any subcontractor under him, to pay not less than the said spe- cified rates to all laborers, workmen, and mechanics employed in the execution.of the Contract. U is further expressly sti- pulated that the Contractor shall, as a penalty to the City, forfeit twenty-rive dollars ($25.00) for each calendar day, or portion thereof, for each laborer, wo , or mechanic paid less than the. stipulated prevailing rates for any 'work done under this Contract by him or by any subcontractor under hits; and Con- tractor agrees to comply with all provisions of Section 1775 of the Moir Code. In case it becomes :necessary for the Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, b administrative, clerical, or other non-manual worcers as such) :. for which no minimum wage rate is herein specified the Contrac- tor shall immediately notify the City, who will pro aptly there- after determine the prevailing rate for such additional trade or occupation and shall -furnish the Contractor with the minimum rate basest thereon." . The minimum ra"e thus furnished small be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and du"ing the continuance of such employment. 22. Accident Prevention. Precaution shall be exer- cised at all times for the protection of persons (including em- . ployees) and property. The safety provisions of applicable laws , building and construction codes shall be observed. Hachinery , equipment , and other hazards shall be guarded or eliminated in accordance with -the safety provisions of the Construction Safety Orders issued by ..the Industrial Accident Commission of the State of California. .'i � 00 -each i „ xa {y AID "®ti[�s .�:. * �Gi ri oar��! s �� :. �l�ed► x -e a's..'-iP. is s-S iI.$ i►� �f y and cO the pract, Y, a a� , 0i but the y s� of theEvil �w ,s.t+d 6 , y: "ro'i1b r r '� �qr E.rti 7*f n+otie e mom' koluisaft OIL 'e a oP, i nrmti s d with . 1. t epirsatio `o!'' b =�t ' i! S' s afteracceptance_ of completion or such wosc + 10 improvement as evi- tslut Oh -of Its ruing b , at which time and not before, the City shall pay to the Contractor the whole of the remaining ten pert ( g® ; of said contractL7 price so weld back as provided, said certiz`,ates to be fished by and obtained from the City's representative stating that the *' pay Est or installment is due upon the basis of work complezed and the mount- then due and the City's representative shall, be- fore the 15Sh of each month, delivery said certificates under his hpnd to the City, or in lieu of such certificates, shall de- liver to the Contractor, in writing, under his hand, a just and true mason for not issuing the certificates, including a state- nt of the ' deffects , if any, to be remedied, to entitle the Contractor to tale certificate or certificates. In event of the failure of the City's representative to furnish and deliver said certt rA sates or any of them, Or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates , then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of :.he work done up to .the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to what- ever inspection and approval may be required by law. 24. Protection of Public Utilities. The City shall be responsible, as between the parties to this Contract only, for the removal, relocation, or protection of ex'-sting public utili- ties, if aray, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. -10- r ` ► SM11 c T 6exe the Contractor fo to IncOrred In h oats ,.. g to utility faeltLes slot ,l - Cat d S eal�flcatlons other the AOr - k:„y e1{ on tft,,4_1 far-1 tf d the prdeence of such 6 * " i ha to ,and tlon bo ` , Or 4 ` g ti line. Contractor t e R �r lay It: by. the ftllwe of MaeCity, or other to pro :fir the removal or relocation of the existing Utll1ty hellities. if the Contractor while performing the Contract dis- covers utility facL34ties not identified by the City in the Con- tract I''lans and .Speci.ficati.ons, the service laterals as herein- above he shall I diately notify the City in wrlting, . 25. Contractor's Responsibility for the Work. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. -_ x BLESS, the Contractor shall, if the insurance premi,m is a k- separate bid item, obtain the -insurance to indemnify the City for any damage to the worlic caused by an act of God. "guts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves , when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States , or were of a magnitude at the site of the work suffi.ien. to have caused a proclamation of disaster or state of emergency having occurred in a populated area: Subject to the foregoing, the ,City shall not, In any may or- manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said build- ing, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. Contractor's Guarantee. The Contractor unquali- fiedly guarantees the first-class quality of all workmanship and of all materials , apparatus , and equipment used or installed by him or by any subcontractor or supplier in the project which is the subject of this Contract , unless a lesser quality is expressly authorised in the Plans and Specifications , in which event the Contractor unqualifiedly guarantees such lesser quality ; and that the work as performed by the Contractor will conform with the Plans and Specifications or any v»ritten authorized deviations therefrom. In case of any defect in cork, materials , apparatus or equipment , whether latent or patent , revealed to the City within ane `1) year of the date of acceptance of completion of this Contract by the Cf ty, the Contractor will forthwith remedy such defect or defects without cost to the City. 27. Li uidated Damages. Time shall be of the essence of this Contract, If the Contractor fails to complete, within _ -ll- FT aw +. be. do-vie and bier- jilall dome liable to the. City for .liquidated dac- k a of t M t for ea-.4t iid ever* day durift which d 'l in $G to �► s I3 tivo ro le . va. eta. bed d t s $ there�i � � ► t tereb sue# d City singe Imp a_ la or, eat .� �.celt t� X t f ��t t -t r seenmW de Y .... �. aa sdeceeeers at the t ; f c® Ift3.en m and X . .: Otor hereunder, or his ssl and succeasors at the ' of ri letioe.,• and his suraties shall be liable to the sty for any excess. . 28. Additional provisions. R� � ` � this b a P AS TO CITY OF MMMOg, a mmicipal Oorpci Dan of the stye or h called ei "�- -546- x ► • a ly Y g A T �q _ q e City Cleric LBO F. PIAZZA PAVING CO. herein led Contractor Donald E. Brown, Vice President & General Manager Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. , all 4 ` : ". i ya ot .s . tao" town amto the widdn y00 11 . .' sy - a Motuy Nblic In and for the County of sacca ClAwas State of California am STATE OF CAL .�6 COUNrY OF JfA CLMW on June 20 , 19®, bore so, the underax�a�. a Notary Public in and for the said State, Personally appeared Donald E. Brown , known to me to be the 'dice Pres. & Gen. SMSSr of Leo F. Piazza Paging 225nny s the cogxeration that executed the within Instrument, known to me to be the Person who execrated the with" Instrument, on behalf of the Corporation herein r-amed, a" acknowledSed to me that such Corporation executed the same. IN '+HISS MMRW# I have hereunto set my hand and affixed my official seat in the County of Santa Clara the day a" year is this certificate first above written. Notary Public is and for the County OFFICIAL ORAL CANt9t1; PORRM of Santa Clara, State of California "01MV now, MMKWA& ®.� 0 UN coup" OF 01"M CKMA My Common Espir®Fir 8,IM a fxz� 777 rMMMM SM,ITS 77-15 y¢ IU- a b 1 ` vlth the aepecif cations furalshed for that: t e �caatract $or 6tzeaft, ., 76-13. AS13halt-OverIgM project, 1, the undeuigned, r, hereby deelaare that i Kipa rwd the proposal requiremstCs ad hereby propose to do all work requ red to completc the said work in accordance w1 th the Specifications amend/or Plate for the its set forth horain on the Incor- porated schedule. The work ahaall be the application of an asphalt overl!Z as outlined in the Specifieantions and/or ply to the various streets outlined herein. All necessary preparation as well as "cleanupt0 is included in the prices bid and no extra compensation will be sought.' All work will be dog is as worimanship, §' like manasr and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands .that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the City Council. The City reserves the rigl.t to increase or decrease the amount of class or portion of the wc,rk, or to omit item as may be deed necessary by the Engineer. A bid bond in the amount of 102 is required. Award shall be to lowest bidder; however, the City Council reserves the right to reject any or all bids. UNIT OF BID ITEM QUANTITY MEASURE DESCRIPTION MIT PRICE TOTAL 1. 1,620 tons 1/2" maximum type A asphalt concrete completL z!ad in place for r Dollarsiton �� h�k � � 3 Asa i . •gs w ; i r }F .r.l .t `I i 1 4 . j L! p. +`z A�. v Ye Fill Inn" foaCo.t i" computdca Vto tm spectficattow turalswe thwandmalemw Sdbldts t iotICNIUS 5ta Cements as to hIs experldwe am to A lea- tl a pwmof t!M& proposal, and the truthfulumm and a=ursey of the lafomation Is hereby 6"rantee4- Um many years has your organization been in busies der its present name? r (2) now many years'experience in stork comparable with that required under thaw proposed contract has your organization had by this or any other name? s> (3) Coctractor's License NO. 10 /3 State of California, Classification A (4) List work similar in character to that required in the proposed 3J contract which your organization or personnel In your organization has completed within the past three years. Year Class, Location of Work and for Whom Performed Contract ,Amoun: 1971-72 St. Improvement 0ascom Ave., County of Santa Clara $906,75:;.46 1972-73 St. Improvement Blossom Hill Road Realignment, City of $546,841.14 San Jose 1972 St. Improvement !;inchester-Hacienda TOPICS 70-3, City of $121,281.02 Campbell 1973 St. Improvement Main St.,/Third Street Widening, City of $ 35,478.09 Los Altos 1973 St. Improvement Millbrook and Other Streets, City of San $ 28,835.00 Jose 1973 St. Im_3rommment Improvements of Snell Road and Santa Teresa j $ 88,997.00 Blvd., East Side Union School District, San Jose 1974 Expressway Impvts. Almaden Expressways Ironwood Dr., San Jose, $1,358,746.00 County of Santa Clara i 197E Onsite St. Impvts. Camden Ave.,/McAbee Road, San Jose i . `, $227,995.45 San Jose Unified School District 1975 Offsite St. Impvts Gilroy High School, Gilroy * $193,719 P Gilroy Unified School District 1976 St. Improvements Hilmar S Neighboring Streets, Santa Clara ! $429,329.00 . City of Santa Clara ` Y#t AU AS - . SO STATZ. IF You ARS A,TO ' TWO V A C STAB t`" . fit$.. ,, e iludivIdual - rrra�+�amA } Cipgwrat s; Joint Venture a? Other (describe) LEO P. PIAZZA PAVING CO_ A CORPORATION C. S. DAVIS. FFZSMZM U&ME MID GONFID F- BROWK VXZ MMSMOM J=GZNM L MARAGM SIO ATURE OF BIDDER: N 3, PaIWALL SEMSTARY AND Address— — Date -77 20. &QX 4365-0 • �A� esoS� ��. ��i�3 Addenda Received: SVA TE OFCAUFORN IA On. .......1st............. d1y of......'7 !!.........In the year one thousand sane EL 7 CONNTE PORRAS COUM7 OF'»....5AKTA...Ci.A.IiA..».. larssrdred mad»...... .......».., bt/ors ssaR,».»»..»....»._».....»...»..,...»....................... o Notary Public, State of Cblifom&A duty commissioned and smoM pemonai/y oApmrod..............DON AL D E;, B 4 OWN »..».»»........ known to me to 8e do V Y CE P RES Y DE NT� offheeosporationdearibed to and Umt executed floe within buhument.and atso known to me to he the pesean....-.. who executed the mlt!%ln Imhununt on Rkehalf of the calpopation Uwrdn nanWA and acknowhdavi to ON that a mh comosaff. executed the aaass,,a� aarsae......»...».................................»».................» .......................................... OFFICIAL SEAL = dN WnW= WJURWJ?,r hm hereunto act and afted nay official CONNRE PORRM = tsom�y+ x aeal In the»»S D ......Cenan of... S AISI;A CLA RA fhe daps e� eeoNO - caw+► .e IMAM ..»............»... ode�.i r a � year to thla certtfRtntr mr?t o. SmM CLOM Espevss t .� 3 19" �^, ..... »..Notasy Public.State ai» .....»»».»._..». r%Foam lab.2$-At Capontion lC.C.Sea. 1190-1 a 90.1 D thmal 5172 aim 9. ' rr„ if am r t' e) " *, 0 - - - -> G ra s. address of Shop or Office of Sub-Contractor (Section 4104 Goverment Code) w. 2. 3. 4. S. 6. Work to be performed by Sub-Contractor (Section 4104 Government Code) 1. C. 770 2. 3. 4. 5. 6. PROPOSAL Pa" 3® 5 x Ar ¢F > 1 r - :City,.�� wo omto tM Wri Cg is I,, 77 01%wt 4 e" p48E9Ei3 "Ciq C of the City of *a" 1 ti terid'a, 40 hereby eeitify that , vark and Im provemeatf, hereinafter described, the contratt for doing whIch was entered into by and b8tw0w the CITY OF CUPMMMO and LEO F. PIA27A PAY= COMPANY, were completed to my satisfaction on lAugmt 1, 1977. That said work and improvements cow:!Sted of furnishing all labor, equipment and materials required to accomplish the project, all as more particularly described iA the plans and aracifications for said project. CITY OF CUPERTINO Bert J. Viskovich Director of Public Works and City Engineer Travic:e Whitten Assistant City Engineer Dated: August 1.9, 1977 `�r fin' � � �+• �' . � a�t.;'�e a*, , � ski{. -.fir .,�3 }: ,� 'sr'<., � e• =.r-b ;�'} wMav fi IE MMM' GrM THAT 1, Trade Whitten AssItti t r ,.. of th C- ty of CuPettinO, California, on August 19, 1977:1 did file with the City Clerk .of said City, my Certificate of Completion of the following described Work:, the contract for doing which was heretofore awarded to LEO F. PIAZZA PAVING COMPANY on June 6, 1977, and entered into on July 16. 1977, in accordance Vtth the plans and specifications for said worts. That said work and improvements were actually completed on August 1, 1977, and that acceptance of completion of said work was ordered: by the City Council of said City. That said work and improvements consisted of furnishing all labor, equip- ment and materials required to accomplish the project, all as more particularly described in the plans and specifications for said project. CITY OF CUPERTINO a Bert J. Viskovich Director of Public Works and City Engineer ,t Travice Whitten Assistant City Engineer iu. Dated: August 19, 1977 r '. _ f ra w, � s � r, 1 SS Couittt-y of to Clara. ) TRAVICE WHITTEN, being first duly sworn, deposes and says; That he is Lhe Assistant City Engineer of the City of Cupertino, California; that he has read the foregoing Notice of Acceptance of Completion and that the facts therein 9tated are true of his own knowledge except as to matters therein stated upon infor- mation and belief, and as to such matter he believes it to be true. s Subscribed and sworn to before me this / day of 1977. OFFI AL SEAL Notary Public Xnand for the R,M IUKWCORKWN cAtramea State of California Ak4SAI®e CoUlftr City a Cupert:ino AMALT OVEMAY 77-15 Coyrz= CRAM ORDER 90. 1 TO: Lao P. P Co. P.O. 2 50 San J , C"dzula 93293 The foUarftZ additlaim end deletions to the work covered by contract for CMMAa FOR STRZETS ASPHALT OVERUY 77-13 is !hereby approved: 1-A Contract tit Prim Addi ah�nd Dele tionss aani�®® rss� o.r.®r 1. Add 208.1 tons A.C. @ $15.80/too Add + $ 3,287.98 2. Add 3 each, adjust namhole at $100/each Delete + 300.00 3. Delete 2 each, adjust valves at $ SO/each Delete - I00.()O Saab-total 3,487.98 1-B Extra Work to. Seal Coat Existioa Paymnuz East aide of Stelling, 280 to Romestead + 129.36 Total Change Order %b. 1 + $ 3,617.34 a Summary: Original Contract $ 28,546.00 Plus Change Order No. 1 3,617.34 $ 32,163.34 CONTRACTOR: LE04FIlAZZUA P 5. By Date: September 19, 1977 Donald E. Brown Vice President/General Manager CITY OF CiTPERTZNO Res. No. 4548 it .r V `ch Date: Se rector o Public Works September 7, 19T7