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Wattis Construction - Forest Street Rehabilitation and Slurry Seal Project SECTION 00500 AGREEMENT Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL 5034(014), Project No. 08-CDD-157 THIS AGREEMENT, made this \ ~ day of SoCL~,," (o~ by and between the City of Gilrov , hereinafter called the "City," and'YJQ...His <!o1\(~. , hereinafter called the "Contractor. " W ! I N E ~ ~ E T H: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL 5034(014), Project No.08-CDD- 157, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms ofthe Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED Forest Street Rehabilitation Project (Lewis Street to Sixth Street) 00500-2 and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) r Project No. 08-CDD-157 .u vv;~ rns CONSTRUC'I.2N CO. !NC IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700-6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS ARTICLE 3. -ut ~y? City's Initials Contractors Initials Article 4. Contract Price. In consideration ofthe Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 ofthe Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-CDD-157 00500-2 WArns CONSTRUG";.2N CD. !r~C Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect ofthis restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit ofthe parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-CDD-157 00500-3 i)v~~TnS In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this l 6. day of S::::.oQ ~+ ,2c~?). W A TTIS r;O...-smuCTIOR to. INt:. Name of Contractor c~~J Signature of Contractor c \\,'1' ;b-.t:>M I r-J ,.,TtZ,.d..iOR Title of Signator C. MICHAEL LAND. VICE PRESIDENT Title of Signator ATTEST' ;;J,,~ ~ Signature' ~ ./ -Adm,,!. AS'\;,:S+t:/\7- Title of Signator G:-\ \'( c.l-~~ Title of Signator ***END OF SECTION*** Forest Street Rehabilitation Project (Lewis Street to Sixth Street) SECTION 00500-4 and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-CDD-157 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ---.. _..._.~ ~-- - .-~-=~_-:-_-:-_-;:~~~A~~~~~~ County of Santa Clara September 18, 2008before me, Date } State of California On She~l~e~~~~ a~~!~e~c~rlic personally appeared C. Michael Land Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(5l") whose name(~ is/aFe subscribed to the within instrument and acknowledged to me that he/~ executed the same in hiS/Aor.'thQir authorized capacity(~), and that by his/~ signature(s?' on the instrument the person(~, or the entity upon behalf of which the person(~ acted, executed the instrument. ~~~---~-~---~J SHERRY LOPEZ _ -. Commission # 1583652 < _ Z ~ . -,,; Notary Public - California S ~ Santa Clara County f ~ ~ ... ~:o:m~~e~u:2~2~9 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Signature Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Contract Title or Type of Document: Document Date: September 18, 2008 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) C. Michael Land Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General [J Attorney in Fact [J Trustee [J Guardian or Conservator LJ Other: Signer's Name: D Individual ~ Corporate Officer - Title(s): Vice President D Partner - D Limited LJ General D Attorney in Fact D Trustee D Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER . Top of thumb here Signer Is Representing: Wattis Com:truction Co., Inc Signer Is Representing: ~~~~~~~~~~^g).'~~<;'~~~;"~~~^~K,~~~~~-=~~~ @2007 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 'Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 RECEIVED EP 2 9 2008 <!eitp of ~ilrop G'NEER1~%MMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy, CA 95020 Planning Division Engineering Division Building, Life & Environmental Safety Division Housing & Community Development (408) 846-0440 FAX: (408) 846-0429 (408) 846-0450 FAX: (408) 846-0429 (408) 846-0430 FAX: (408) 846-0429 (408) 846-0290 FAX: (408) 846-0429 NOTICE TO PROCEED TO: Wattis Construction Co. 964 Stockton Avenue San Jose, CA 95110 Attn: C. Michael Land DATE: September 25, 2008 PROJECT NO. 08-CDD-157 Forest Street Rehab Lewis to 6th You are hereby given Notice to Proceed with the above-referenced project. The effective date of this Notice to Proceed shall be October 6, 2008 . Please acknowledge acceptance ofthis notice as provided below, and return one copy to the City of Gilroy, Community Development Department, Engineering Division, 7351 Rosanna Street, Gilroy, California 95020. Owner: Citv of Gilroy By: ~ C/ Arlynn umangla;~proje~ngineer Notice of Acceptance Receipt of this Notice to Proceed is hereby acknowledged by: ~~~jJ (..,' (signature) By: ~ MICHAI;L LAND (print or type name) Title: VrCE PRESIDENT this~;; '/h day of ,1;j>70ndc r , :N-fc) 7 RECEIVED SEP 2 6 2008 WAlTlS CONSTRUCTION CO./NC. Sent via Certified Mail "First In Service to the Community" SECTION 00500 AGREEMENT Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL 5034(014), Project No. 08-CDD-157 THIS AGREEMENT, made this \ <& day of~ ~. '~r by and between the City of Gilrov , hereinafter called the "City," and~C4..-t-\\'& ~(\S.~. , hereinafter called the "Contractor. " W!IN~~~~IH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL 5034(014), Project No.08-CDD- 157, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED Forest Street Rehabilitation Project (Lewis Street to Sixth Street) 00500-2 and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-COD-157 V E WArns GONSTRUC:.Jlj IrJC IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUID A TED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700-6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS ARTICLE 3. ~ ~tK City's Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-COD-157 00500-2 J Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent ofthe City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives ofthe City or its successor and assigns. Forest Street Rehabilitation Project (Lewis Street to Sixth Street) and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-CDD-157 00500-3 ~v WArns CONSTRue In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. ('1 of 0 'e{'-t- IN WITNESS WHEREOF, this agreement has been executed on this \ B day , ;2.c("6. W ATTIS CONSTRUCTION CO. INC. Name of Contractor c:~~ . Signature of Contractor c \\,'1' ;b-.t:>M I N I-s,TtZ,.d..iOR Title of Signator C. MICHAEL LAND, VICE PRESIDENT Title of Signator ATTEST: jJjrz,U/ /CJ/L10 Signature,J /~ ( ,J/ A TTE$'t: ,l / / ~~ Jfgnature flr/M; ~ Ass Ii 11klt- Title of Signator ~\ \'( c.l-~~ Title of Signator ***END OF SECTION*** Forest Street Rehabilitation Project (Lewis Street to Sixth Street) SECTION 00500-4 and Slurry Seal (Various Locations) Federal Project No. STPL-5034(014) Project No. 08-CDD-157 =VE :NAT US 11\1'" ,.j) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California } County of S~nt~ r1~r~ On September 18, 2008before me, Date She~ Lo~ez, Not~ Public He e Insert ame and Title of e Officer personally appeared C. Michael Land Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(i) is/aFe subscribed to the within instrument and acknowledged to me that he/s~y executed the same in his/~ir authorized capacity(~, and that by his/RGr/tReir signature(Z') on the instrument the person($), or the entity upon behalf of which the person(~ acted, executed the instrument. .... - .... S;R;V L~P~ ... ... r Commission # 1583652 r z Notary Public - California ~ Santo Claro County MyComm. ExplresJun 27.2009 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document Contract Document Date: September 18, 2008 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) C. Michael Land . Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - C Limited D General D Attorney in Fact D Trustee D Guardian or Conservator U Other: Signer's Name: D Individual ~ Corporate Officer - Title(s): Vice President D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing: Wattis Construction Co., Inc Signer Is Representing: ~~~~~~~~~~~~~~~~~~~ @2007 National Notary Association' 9350 De Soto Ave.. PO. Box 2402 'Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 SECTION 00495 RFCE\VED SEP 2 9 2008 ENGINEERiNG LOCAL AGENCY BIDDER-DBE INFORMATION The successful bidder must execute and return the LOCAL AGENCY BIDDER - DBE INFORMA nON form, even if no DBE participation will be reported. AGENCY c:;.\T'" -- Q'~"1 LOCATION Q\\"po"1. (./J>. PROJECTDESCRlPTION h~ o;.~ SGA.O ~..f' ".\.\,.,.,..,ClfV CONTRACT NUMBER ~ - c.o~ ~-, ~~~~~~ER 1l ~;~~4lcA4) FEDERAL S~ (For IocalllgllllC)' to complelll) . S 2.t!l C, , ax:> BID DATE ~ <41 d2> BIDDER'SN . WA,'tT1.,. ""N~'::""",otv ~. ~NTRACT ITEM NO. TEM OF WORK AND DESCRIPTION [)BE Cat. No. Pit SERVICES TO BE ~D EXPIRATION ~UBCONTRACTED OR MATERIALS [)ATE Iro BE PROVIDED 1 \lAME OF OBEs I DOLLAR AMOUNT Must be cenified on the date bids DBE) lie opened - include DBE address number) .' IMPORTANT: Identify all DDE firJIls bemg participlltin& in the project, RlgII'CIIess of lier. NIUDI:S of the First Tier DBE Subl:ontnclGn lIIIIllbeir respective item(s) of work listed above should be coasistent, where lppIicabIe, with die IIIIIIIIS lIIIIl i1I:ms ofwork in the "List ofSubc:onlnldon" submilIied with your bid. Provide c:opies of the DDEs' Quotes, lIIIIl if applicable, . copy of joint veIItIR qreemeDIs. purslllllt to the Subc:clntrll:lor Listing Law IIId lbe Special Provisions. Total Claimed Participltioo S D.CO o % 1. Enter DDE prime IIId subconlractors cer1i&Ition number. . Prime contradors shaIJ ~ indic:ale all work to be performed by DDEs illCluding work performjd.by its own ......,. . forces - "',,. /J . If 100% ofitem is not to be performed or fumisbed by DRE. describe exact portion of - SignabR ofDidder V item In be performed or fUmisbed by DBE . See Section "DislIdYInlqec Business F.ateqJrise (OBE), . of die Special Provisions (c:oostruction ClOII1nIdS); to delIlnnine how to c:ount lbe pIrticipItion ofOBE finns. ~08 ( 408\ ~q 3 ' 3("(,,q -n...: (An:a Code) Tel. No. LacoI Aaenc:y BJCIder - DBE IIlfllrmMi... (Rev 5101106) Forest Sired Rehabilitation Project (Lewis Sired to Sixth Street) and Slurry Seal (Vlrious Locatioos) Federal Project No. STPI.-5034(OI4) Project No. OS-CDD-) 57 SECTION 00495-1 REcenfE SEPc;, ?00i< WATT/S CONSl CO.INC f @ilrop /,j::) I F;osai1na Street Califomia 9:',(;20-6197 Business License Phone (408) 846-0420 Business License Fax (408) 846-042] Ju] 0], 2008 Review information for accuracy. If changes are made, return this form to above address. Business ID# License # Category ID Units 8856 ]067J CNTR-A 1.00 WATTIS CONSTRUCTION CO., INC 964 STOCKTON AVE SAN JOSE, CA 951 ]0-15]4 Business Information 964 STOCKTON AVE SAN JOSE, CA 95] 10-]5]4 Owner lnformation W A TTIS CONSTRUCTION CO., INC (408) 293-3669 Please detach license at this perf and post it in a conspicuous place. License Expiration Date 06/30/2009 l I I I I QD.itpof ~tlrop [lWDM~~n~~~~[l El~~~[j~]~~ Issue Date Business ID# License# Category ID 07/0112008 8856 10671 CNTR-A WATTISCONSTRUCT10N CO., INC 964 STOCKTON AVE SAN JOSE., CA 95110-1514 WATTIS CONSTRUCTION CO., INC If you have any questions regarding this license, please call (408) 846-0221. payable July 1 stand provjded by Ordinance. received 30 days after expiration date vviil be of 25% the first month and an i 0% each month thereafter. This license is issued without verification that the License is subJect to an exemption from lice;'!sing by the State. 88-1558. Post in COilSD!CU8US Piace. is NOT TRANSFERABLE. C r.:, 01 r', ~ 0""C:...,.I I I I ! i I I ! __J ACORD PRODUCER Aon Risk Insurance fka Aon Risk Serv, 225 w. Santa clara Suite 1150 San Jose CA 95113 PHONE.(866) 283-7122 Se rvi ces Wes t, InR E C 1-" !, ,/ F l tHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Inc. of N CA Ins Serv -.. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS St. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW; USA FAX- 8' INSURERS AFFORDING COVERAGE INSURED Wattis construction co., Inc. 964 StotktonAvenue San Jose CA 951100000 USA . INSURER A Landmark Ameri can Ins CO INSURERS: Americal1 casualty Co. of Reading PA INSURER C Repub 1 i c Indemni ty Company of CA 33138 20427 43753 INSURER D INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI-lE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTI-lER DOCUMENT WITI-I RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, TI-lE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI-lE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED INSR ADD' LTR INSR POLICY EFFECfIVE POLICY EXPIRATION DATE(MMIDDlYY) DATE(MM\DDlYY) 12/31/07 12/31/08 TYPE OF INSURANCE POLICY NUMBER LIMITS A LHA132536 EACH OCCURRENCE DAMAGE TO RENTED PREMlSES (Ea occurence) D EXP (Anyone person) $1,000,000 $50,000 ,00 N $1,000,000 '<t en 1.0 $2,000,000 1.0 '<t 0 $2,000,000 M 0 0 ...... LI'\ Q $1,000,000 Z ~ OS '" t: :.: ... .. U ~ERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER D POLICY PRODUCTS - COMP/OP AGG IXl PRO- D LOC LJ JECT B AUTOMOBILE LIABILITY 1043311128 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON OWNED AUTOS 12/31/07 12/31/08 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY B ANYAUTO EXCESS /UMBRELLA LIABILITY q OCCUR. D CLAIMS MADE AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG EACH OCCURRENCE AGGREGATE DDEDUCTIBLE DRETENTION c 0025 920 $1,000,000 _ - $1,000,000 ~ $1,000,000 ~ 51!'! ~ ~ ~ 0!l..I ~ ~ ~ !lL..jj g ~ ;;a.= ~ - 01 01 08 X OTH- ER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE OFFlCERlMEMBER EXCLUDED? EL. DlSEASE-EA EMPLOYEE EL. DISEASE-POLICY LIMIT If yes. descnbe under SPECIAL PROVISIONS below OTHER DESCRIPTION Of OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS project: Forest Street Rehabilitation project (Lewis to Sixth) and slurry seal (various Location), project No: 08-CDD-157. XCU Coverage is included in General Liability policy. city of Gilroy, its officers, employees, design consultants, elected officials, Construction Manager, agents and subconsultants are included as Additional City of Gilroy community Development 7351 Rosanna Street Gilroy CA 95020 USA Department SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION DATE THEREOf. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIfiCATE HOLDER NAMED TO THE LEfT, BUT fAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - - - - -.,.. ~/ /~~ NAIC # ... .. S -= .. ~ ..... ... .. ~ Q :e Attachment to ACORD Certificate for Wattis construction co., Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. II'lSURER , INSURER , INSURER .. INSURER , INSURER 'INSURED WattisConstruction Co., Inc. 964 'Stockton Avenue San Jose CA 951100000 USA ADD'L POLICY NUMBER POLICY POLICY INSR INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECTIVE EXPIRATION LIMITS LTR DATE DATE , D1;SCiuPTIONOF OPERATIONSILOCATIOl-(SNEHICLES/EXCLUSJONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insured with respect to the General Liability policy. A waiver of Subrogation is in favor of the city of Gilroy, its officers, employees, design consultants, elected officials, construction Manager, agents arid subconsultants with. respect to the workers compensation policy. This insurance is pr:imary and 'Non-contri butory. CG 2010 li8S Endorsement Attached.' , . . E'" n" ~~ -&lriIlHQte No : '~S]'003~66942 . INSURED wattis Construction co., Inc. 964 stockton Avenue San Jose CA 951100000 USA CG 2010 1185 LANDMARK AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED" BLANKET - PRIMARY Thi 5 endorsement modi fi es i n5u rance provi ded under thefo 1 lowi ng: COM~ERCIAL GENERAL LIABILITY'COVERAGE PART SCHEDULE Name of Person or organization: city of Gilroy, its' officers, employees, design consultants, elected officials, construction Manager, agents and subconsultants Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule, but only with respect to their liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects to your negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4 other Insurance does not apply, but only with respect to coverage provided by this policy. Thi s endorsement 'effecti ve 12/31/2007 forms part of policy Number LHA132536 issued to WATTIS CONSTRUCTION COMPANY, INC. (SEE NAMED INSURED LIST) by Landmark American Insurance Company Endorsement NO.: 01 , ':. :',u,,,'(;enilieate Nit: . ,","" III "...li.70030466942 INSURED wattis construction co., InC. 964 Stockton Avenue San Jose CA 951100000 USA WA;rYER, .OF TRANSFER OF RIGHTS ~NDMARK AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS FOR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE -- -- Name of Person or organization: city of Gilroy, its officers, employees, design consultants, elected officials, construction Manager, agents and subconsultants Any person or organization As Required By written Contact (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident", provided that the "accident" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. This endorsement effective12/31/2007 forms part of.policy,Number LHA132536 issued to WATTIS CONSTRUCTION COMPANY, INC. (SEE NAMED INSURED LIST) by Landmark American Insurance company Endorsement No.: 19 -, .- Certificate No : 570030466942 o::I",".U.lr:JU.I"u': '. 1'_""'/(:t~ ',\"':'l,,!'.!'"ttJLH~n~J'~/ City of Gilroy Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408)846-0450; Fax (408) 846-0429 CHANGE ORDER NO.1 To contract for: Forest Street Rehabiliation and Slurry Seal, Project No. 08-CDD-157 Contractor: Wattis Construction Contract Date: 9/18/2008 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work This change o~rovides for the following: - Add ten (~addt1tional working days _ Eliminate curb and gutter and associated work, including driveway approaches and concrete walkways in parkstrip - Extend overlay north to Forest Street bridge _ Increase overlay to 2 inches of AC (from 1-1/2 inches), use scrub seal (instead of pavement mat), and lower roadway crown - Add curb ramps at Forest-Lewis _ SEE ATTACHED SPEADSHEET UNDER "REVISED BID" FOR OUTLINE OF CHANGES IN WORK All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. I (We) agree to make the above change subject to the terms of this Change Order for the NET INCREASE of $11,432.00 Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price Cost $348,334.00 $0.00 $348,334.00 $11,432.00 $11,432.00 $359,766.00 Percentage Initial 0.00% C. 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Gl '3 "0 Gl .<: u (f) ~ .g 1ii '0 ~ ::l (f) U? N C> C> ui CD .... 8i .., Q W > - W (.) w a: c. :! c c.: :c c i= S cc I- cr.: Z o Q c.t:J ~ ~ = C"-J CD C-:J t:.,..J ::J ... C> C> "'" .., .., ..; '<t .., ... lJl X -0 iii -0 Q) lJl .~ 0:: ~ oc( I- o l- e z oc( lli:: Cl ~ ro ~ o o N cO o o N ~ co o o N ~ o o N a.. l- (/) a: l- (/) Z z >- ...J 0:: ~ <.9 z w S w Cl ~ o y (9 City of Gilroy Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO.2 To contract for: Forest Street Rehabiliation and Slurry Seal, Project No. 08-CDD-157 Contractor: Wattis Construction Contract Date: 9/18/2008 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work This change order provides for the following: - remove and replace approximately 500 square feet of concrete sidewalk to accommodate curb ramps and meet ADA requirements, including additional detectable warning tiles All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. I (We) agree to make the above change subject to the terms of this Change Order for the NET INCREASE of $7,680.00 '} ../ ~f:O//; c I -;:; /~>:~/1-- .~ CONTRACTOR Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price Cost Percentage Initial $348,334.00 ",.;it;./' $11 ,432.00 3.28%~. $359,766.00 $7,680.00 .n~ $19,112.00 5.49t%~ $367,446.00 .> ,.. Bye M"'~f..IA~ 1 ~Nn Date: /eJ- )3/7 ACCEPTED BY: RECOMMENDED BY: CityEng~ Project Engineer Date IO/3o/0J- REceIVED Date ", c, WAITJS CONSTRUCTION CO.INC . "7 attis Construction Co., Inc 964 Stockton Ave San Jose, CA 95110 PH: (408) 293-3669 FAX: (408) 298-9152 October 14,2008 City of Gilroy Community Development Department 7351 Rosanna Street Gilroy, CA 95020-6197 Attn: Arlynn A. Bumanglag Subject: Forest Street Additional Work Dear Arlynn, Offered for your consideration is a price quote for additional work to be done at the above subject project. Remove and replace approx. 500 S.F. of concrete sidewalk to accomadate the type STR -24 curb ramps to ADA specifications. Additional detectable warning tiles are also required and included. Lump Sum: $7,680.00 Should you have any questions please feel free to give me a call at the above number. Very Truly Yours Wattis Construction Co., Inc c/IuL 7rJ.llh.e. Hal Biliske Project Manager/ Estimator 1:: nf E I) rHUCTION CO.INC City of Gilroy Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO.3 To contract for: Forest Street Rehabilitation and Slurry Seal, Project No. 08-CDD-157 Contractor: Wattis Construction Contract Date: 9/18/2008 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work This change order provides for the following: - modifY additional sanitary sewer manhole (discovered when uncovered during demolition work), including raising to grade of new road surface. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price Cost $348,334.00 $19,112.00 $367,446.00 $5,500.00 $24,612.00 $372,946.00 . .d'W ~'" 7.07o/~ I (We) agree to make the above change subject to the terms of this Change Order for the NET INCREASE of $5,500.00 ~~~." . /'~~. ~~ V" A. .... , r// A' / i (- ~,.;/~~ ~ CONTRACTOR _,.. Iii.ll!i('~,~.lP~:.1i ~ ,iiiu"" BY\J" nn t ,~.j',;, 'r~I~t>~,f_,,', ,l,.~~,.~~'4l!!='i~:)' Date: /('1-//3 -c~ Percentage Initial 5.490/~-Y RECOMMENDED BY: ACCEPTED BY: Eng~ Project Engmeer !~ECE'VED Date V'., ;....3 WAlTlS CONSTRUCTION CO. INC. ,10/21/2008 15: 25 4082989152 WATTIS CONST CO INC PAGE 02/02 .....:.l':..r..::'.,......\. ;;', ::", GENERAL ENGI EERING CONTRACTOR (408) 293-169 . FAX (408) 298-9152 ATE SEPT. 212008 JbB# ATTN: JIM MAE:ST~\ : FOREST ST. .RA.NSMITIAL# 13 G^~'FOI9NI'" LICE~.se NO. A-17a~J(; TO: CITY OF GILROY 7351 ROSANNA ST. GILROY CA. 95020 GENTLEPERSQNS : We are sendin.g you _ Attached _Under separate over Contract _Copy oflener _ Plans _ Samples ~ Subco t _Change order # Specifications x Other: SUBMITAL J COPIES DA TE BID ITEM DESC PTION 1 10-21-08 PlUCE ~UOTE These are transmitted as checked below : _Resubmit_ Copies f'Of approval_Approve submitted_Per your request _Return _ Approved copies _ Review and conbent _For your use ~ For your infonnation and file _X_ For your app. val_ OTHER_ MODIFY SANITARY MANHOLE AS DISCUSSE IN THE FIELD. WORK TO BE DONE ON TIME AND MATERIAL NOT TO EXCEED $5500.00 PLEASE SIGN THIS AS AN AGREEMENT. REMARKS: If you have any. questions~ please feel free to call me t the above number Hal Biliske Estimator / Project Manager -4--CLA- ~ W A TTIS CONSTRUCTION. INe RECEIVED Equal Opportunity Emp oyar WATIlS CONSTRUCTION CO. INC.