91-003 Traffic Signal Installation Proj. 91-110 91-003 TRAFFIC SIGNAL INSTALLATION 1 of 4
PROJ. 91-110
cittl ®f cuper°ti"o
103t10 Four Aticnu P.C7.Bow 581i
Cupertino.CA 9i014-3.55 Cupertino.CA 95015-0580
Yelephont-. 0081 152-450i
FAX:14ft 252-0:51
DEPARINAIN(OF 1HF CI IN CLERK
January 31, 1991
Rosendin Electric
P. O. Box 5061
San Jose, CA 95150-5061
TRAFFIC SIGNAL INSTALLNTION ON NORTH TANrAU AVENUE AT TANDEM OAR
DRIVEMYS - PROJECT 91-110
We are enclosing to you for your files one (1) copy of the Contract for
Public Works between the City of Cupertino and Rosendin Electric, Inc. ,
which has been fully executed by City Officials.
We have also enclosed your bid bond and the extra copy of Faithful
Performance Bond.
Sincerely,
DOROTHY CO cRNELIUS
CITY CLERK
CITY OF CUPERT'QNO
DC/so
encl.
cc: Department of Public Works
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on JANUARY 29 1991 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and ROSENDIN ELECTRIC, INC. , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Doctments(Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form; , referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
C. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one 'hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-
1.10, as called for, and in the manner designated in, and in strict conformity
with, the Plans and Specifications prepared by the Engineer and adopted by
CITY, which Plans and Specifications are entitled, respectively, TRAFFIC
SIGNAL INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER !DRIVEWAYS,
PROJECT 91-110, and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor,transportation and
materials shall be furnished, and that said work shall be performed and
completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR, but subject to the inspection and approval of CITY,
or its representative. CITY hereby designates as its representative for the
purpose of this Contract the Engineer, Mr. Bert J. Viskovi.ch.
Contract Page 1 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
3•. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full payment for the work above agreed to be done, the sum of Eighty Seven
Thousand. Thirty Seven Dollars($87,037.00) , subject to additions and/or
deductions as provided in the Contract_ Documents; per Exhibit A attached
hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance c.f this Contract, said
dispute shall. be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of 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.
S. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain an3 bear all
expense for all necessary permits, licenses and easements for the construction.
of the project, give all necessary notices, pay all tees required by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered ,tp without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time duri-ig the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standard Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
Americar_ Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim fo: an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, 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.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may bF
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
parties, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Tiiie for Completion section in the proposal and the
Specifications of this project. If CONTRACTOR shall be delayed in the work by
the acts or neglect of CITY, or its employees, or those under it by contract
or otherwise, or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which CITY shall determine justifies the delay, then the time of
completion shall be extended accordingly. This paragraph does not exclude the
recovery of damages for delay by either party under other provisions in the
Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, iiowever, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of tt;e work and necessary therefor.
Contract Page 3 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will be entitled to substitute securities as
provided in Section 4590 of the California Government: Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; (b) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to ROSENDIN ELECTRIC,
INC. , 880 NORTH MABURY ROAD, SAN JOSE, CA 95133, postage prepaid and
certified; and (c) if notice is given to CONTRACTOR'S surety or any other
person, either by personal delivery thereof to CONTRACTOR'S surety or other
person, or by depositing same in the United States mails, enclosed in a sealed
envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at
the address of CONTRACTOR'S surety or the address of the person last
communicated by such person 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, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equclity of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT )1-110
1-7. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and ::onstruction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work causer
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, CITY shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability for
any loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S G?'9RANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
STATE OF CALIFORNIA On this.........I4TH dalof... JANUARY.....................in the year
991
SANTA CLARA ,before me,
COUNTY OF.. S
........................� " ' R ITA f I........... .....S)iE:12 ,a Notary Public,State of California,
..
duly licensed and sworn,personally appeared..................................
RON•.COFFEE
............................................
ct�cc�cc�cu c�cc�ct� ncry c+t%�ra� personally known to me Or proved to me on the basis of satisfactory evidence)
OFFICIAL SEAL: to be the person who executed the within instrument as.VICE PRESIDENT
RITA FISHER or on behalf of the corporation therein named and acknowledged to me that
NOTARY t'UoJC, t AUFORNIA such corporation executed the within instrument pursuant to its by-laws or a
SANTA CLARA COUNTY resolution of its board of directors.
My Commission Expires April 10, 1992 IN WITNESS WHEREOF 1 have hereunto set my hand and affixed
my official seal in the.......•SAID.......•......County of SANTA
,,s downem*or,,a 9WWW„or,,,,c,,,wy,G, e,,,,um m%,4" .......CLARA
................. Rt date set fgfth above i this certificate.
...... .
iralti7aagane&ia m n0 way BCt9,w 9 Wa1Mad to Bct,m 8 etdsblufB fw t11a ,
aarice of an aawney.The oM1e,aoes rot make wry wwm"wires exiles.:w rtnPW m to the Z�2�
f W vaWbty of any prowsm,w the suaabdo of these fanny nt any%Pwft Nareeclron.
Cowdery's Form No. 28—Acknowledgement to Notary Public— Notary Public, State of California
Corporation(C.C.Seca. 1190-1190.1)—(Rev. 1/83) My commission expires 4-10-92 _
CONTRACT IFOR PUBLIC VORKS(Continued)
PROJECT 91-110
21. ADDITIONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first heceinabove written.
CITY OF CUPERTINO ROSENDIN ELECTRIC, TNC.
880 NORTH MAEURY ROAD
SAN JOSE, CA 95133
By: — By'—
Mayor
Attest:_:. , Notary acknowledgement is required.
City CVrk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: �,1991;
City Clerk
APPROVED AS TO FORA AND
PROCEDURE:
,Z�ltg'
City Attarney
Contract Amount: Eighty Seven Thousand, Thirty Seven Dollars($87,037.00)
Account Number: 980-206-544
Purchase Order Number:
,r
Contract Page 6 of 6
CERTIFICATE OF INSURANCE �S;��T�IJ��,Y►
a�aa®9a
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX
TEND OR ALTL,'l THE COVERAGE AFFORDED BY THE POLICIES BELOW
ARTHUR J. GALLAGHER E CO. COMPANIES AFFORDINGCOVERACE
7901 STONERIDGE DR #400
PLEASANTON9 CA 94588 cOvpAJ..'v A L=^ER
CODE SUB-CODE A E T NA C E S OF I L L I NO I S
Ct>P.erANY
tWSURED LETTi'R B A E T NA C E S OF I L L I NO I S
CC'.-PANY
ROSENDIN ELECTRIC L`. -r< C AETNA C E S OF ILLINOIS
P.0. BOX 5061 l:VPANY
5 Lr-T<<�k JOSE9 CA. 95150-5061 PACIFIC COMP INS . CO.
ATTN: NANCY DEAN COMPANY
.ErrFR E:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE oNSUF,ED NAMED ABOVE!•OFI THE POLICY PERIOD IN-
DICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER- tr
TIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLU- w
SIONS AAD CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ►+OUSANOS
LTR DATE.t.."^D YYr DATE iMM.DD'YYJ ALL LIMITS IN T
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GENERAL LIABILITY GENFRAI-AGGREGATE 29000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP OPS AGGRE 1TE 2 9 000 3
CLAM-IS MADEX OCCUR P;"ycC)NAL°ADV[nTISING'N 'RV 19000 m
X OWNER'S, In
ACM5793598 10/01/90 10/01/91 r,ar,I Oa- 'REN.E 19000
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DESCRIPTION OF OPERATIONS LOCATIONS'VEHICLES-SPECIAL ITEMS O
THE CITY OF CUPERTIN09 ITS OFFICERS AND EMPLOYEES ARE ADDITIONAL INSURED
RE ALL OPERATIONS a
a
to
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERTINO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO z
�± A TTN: B ER T V I SKOV I CH MAI130 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 4
DIRECTOR OF PUBLIC W, 1 RK S LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR g
P O BOX 5 80 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. a
® C U P E R T I N 0 CA 95 015—0 5 8 0 AUTHORRED REPRESENTATIVE
CC
0
STATE OF CALIFORNIA On this.....,14TH ,in the year
_...,,,,day of..JANUARY
SANTA CLARA Ss. ........................ 199I................ ......................,before me,
COUNi'Y OF.•...•••••'••• ...,..,.....ITA FI SHF R .............a Notary Public.State of California,
............... yy ppppee
duly licensed and sworn,perso CI O a ared..................................
RON
................................................................
personally known to me for proved to me on the basis of satisf cto evidence)
2a VICE PRSIDENT
OFFICIAL SEAR to be the person who executed the within instrument as........................
;R• << -. RITA FISHER or on behalf of the corporation therein named and acknowledged to me that
NOTARY PUBLIC-CALIFORNIA r
such corporation executed the within instrument pursuant to its by-laws or a
S SANTA CLARA COUNTY
My Commission Expires April 10, 1992 ; resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my h n� and affixed
my official seal in the............•.. SAID..,.. County of..�A TA....,......
,fss eacumenf m only a d I�M.nwn may be pmp&f«ose m CLARA ,o th set fo h abov in this certificate.
fa and uwmwo n,W way acm.M n mfendod M am.as a subamw lot Me �e a '^ n
adwce d an WMrney.1'ae prmta does na mak®flnY wenaMy ,ei eN e�eea a imymd as t0 tae y�
19p vab=y of any pfovmon M the sueabdny of Wn forma m any nueM"'a^ssoa Notary Pub1iC, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public— 4-10-92
Corporation(C.C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
State of California
County of Contra Costa
On January 14, 1991 before me, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared Barham 1._ Sh i nP known to me to be Attorney-
in-Fact of Federal lmurancp. CoMany the corporation described in and that executed the within
and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the
said corporation, and he duly acknowledged to me that such corporation executed the same.
•
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year stated in this
certificate above.
0
My Commission Expires November 1, 1994.
t
1 l
Yew, /3/ {'
Notary Public
JOB #1258 Bond No. 8123-80-31
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ROSENDIN ELECTRIC, INC. as Principal,
and Federal Insurance Company as Surety,
(bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in
the sum of Eighty Seven Thousand, Thirty Seven Dollars($87,037.00) lawful
money of the United States, for the payment of which will and truly to be
made, we bind ourselves, our heirs, executors, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
January, ,1990 with the Obligee to do and perform the following work
to-wit:
TRAFFIC SIGNAL INSTALLATION
NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS
PROJECT 91-110
NOW, THERFORE, if the said principal shall well and truly perform the
work contracted to be performed under said contract, then this obligation
shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal
and Surety this 14th day of �Tanmr.4 , 199/.
(To be signed by Principal and Surety. Notary acknowledgments required)
ROSENDIN ELECTRIC, INC.
880 NORTH MABURY ROAD
SAN JOSE, CA 95133
f
PrincipalRoj (, FE VICE PRES.
e
Federal Insurance Company
Surety
Barbara L. BSiin�wtorney-In-Fact
The above bond is accepted and approved this day of _,1990.
e Faithful Performance Page 1 of 1
r
Bond No. 8123-30-31
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and ROSENDIN
ELECTRIC, INC. hereinafter designated as "Principal" have entered into or are
about to enter into a contract providing for the installation, construction,
and erection by Principal of TRAFFIC SIGNAL INSTALLATION NORTH TANTAU AVENUE
at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, more particularly described in
said contract; and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the Surety on said bond shall pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, WE, ROSENDIN ELECTRIC, INC. as Principal,
and Federal Insurance Company as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns,
jointly and severally, unto the City of Cupertino, and any and all
materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract hereinabove mentioned, and incorporated herein by reference, and
all. persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of Eighty Seven Thousand, Thirty Seven
Dollars($87,037.00) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail vo pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or
any and all damages arising under the original contract, then said Surety will
pay the same and also will pay in case suit is brought upon this bond, such
reasonable attorney' s fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies,
ans corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Labor and Material. Page 1 of 2
STATE OF CALIFORNIA On this.....14TH day of......JANIIARY ,in the year
COUNTY OF.SANTA CLARA ss' 1991.................................'before me,
............•... RITA FISHER
......................................... .a Notary Public,State o!California,
duly licensed and swor��pnoonpFEEppeared..................................
...i........................................................
personally known to me(or proved to me on the basis of satisfactory evidence)
u. OFFICIAL. SEAL to be the person who executed the within instrument as. , VICE PRESIDENT
Jos r RITA FISHER or on behalf of the corporation therein named and acknowledged to me that
•�}� NOTARY PUBLIC•CALIFORNIA
SANTA CL.ARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a
My Commission Expires April 10, 1992 resolution of its board o`directors.
p(.W'W JtiT 1l�1W�?WVWJWVGYJWJvJJW lluv,.,; IN WITNESS WHEREOF I have hereunto set my hand and affixed
SAID SANTA
my official seal in the............................County of..........I.........
n"8ao tUam a qiwwai be pmwrta use ma CLARA ,,., n,tl��tyLf�da/1♦1�sett/flyn/F�.,wh_ab�opv/Q in this certificate.
• eat m c ans a to m na waY acts,a n ro mad m ad,as a a e~a for t.�e 1�^L"-L/ _aRvco d an attarey-Tha pr+Mer lloa6"01 mNe any wanentY e•her eqresa m nrplgA as to iM "` 111--- /
-,a"aketa of mw°'a"'e,a"w me w-""tv of them ft m m amr sc f aareact w Notary Public, State or California
Cowdery's Form No.28—Acknowledgement to Notary Public— 4-10-92
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
State of California
County of Contra Costa
On January 14. 1991 , before me, a Notary Public in and for said County and State, residing therein,
duly commissioned .and sworn, personally appeared Barbara L. Shine known to me to be Attorney-
in-Fact of Federal Irisurance Company the corporation described in and that executed the within
and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the
said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year stated in this
certificate above.
My Commission Expires November 1, 1994.
e
Notary Public
Labor and Material(continued)
PRO*ECT 91-110
And the said Surety, for value received, '-ereby stipulates, and agrees
that no 0-ange, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension cf time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 14th day of January , 19 91 .
(To be signed by Priacipal and Surety. Notary acknowledgments required)
ROSENDIN ELECTRIC, INC.
880 NORTH MABURX ROAD
SAN JOSE, CA 95133
PrPr n-
p [SON C \TICE PRES.
Federal Insurance Company
Surety
By; � -
Barbara L. Shin ttorney-In-Fact
The above bond is accepted and approved this day of ,3.991 .
e f
1
Labor and Material Page 2 of 2
e
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l
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OF An*ORNCY
Kniiw ati Men by UWW PW=ft WW UID FEIMU tfSSRil=fOMPANW IS Mountain Vet Road.Warren.N"Jersey,an hwtana Corpo
tion.etas constituted and appointed.and sloes try corgi and appoint John W. Bowen, A. W. grown, Jr.. Peggy Magoff In,
Debra Curry and Samara L. Shine of Pleasanton, California--_____—---——__a_._----------__
tiCh to trasa ark tawltrt et suite under such designation in its name and to aft its conwala seal to and definer for WW on its be""as ;
63!OEhertt9: s iiAy .F3lD i>4.closet+Dit
1. Bonds W d tfnnd ( r 1a'la fM8 Wq suit,mans,or in any Court.or filed vMh airy Shift or MU for tt�dais
z .' W not doing of WWOWfg 4n Bond or U,ndVUkb4
2. Surety bonds to the United Settles of America or anq agar�y ihera�ot.it�ttMfirtg;tho�taquit�a perrnitt�9 under the laws�-asulattorts ro
or InterAw Reifenue;f,izen"and Permit Sonds or other indemnity bonds under the taunt,ordinances at rewatians of any Stour.sty.�bWn,wage.Board
or other�y or organization.public or private:bortdd too 4thnsportation Companies,Lost Instrument bonds;Leese bonds.tlifartmre'Cen"nsetisn bonds.
NtiSt eItanetaus Surety bands and bonds an behalf of Notaries Public,Sheriffs,Deputy Sheriffs and similar public officials
I Beads an behalf of contractom in-canmection with bids,proposals or contracts. �.
In Iftma Wheirm,rte wits FEDERAL INSURANCE COMPANV his.pry to to SAm a.causetf toe pranare to to by a Vee President ad aura S0v@WV and a corporate,a",',
eb as hewn.ane d 0W 1st oval May 90
COMM am
FEDERAL INSURANCE COUPMV
a:Damn
a O VIM Pam
SeOretary
9SA1E Of 4tEW JEFWV as.
County at Somerset
orathis 18C divot May sg go .bobremepoaarattrcviefthardU OVannorvorreftama d byrroknottinsobeAsslicamss«iurydkr.FfDStu RL513RAt E }
iroUpAW,Me ahen dncribed in and aAtich dxecuted the tentppin¢Oaw d Anon".and the said Richard D..O'Connor boM by no duty saran,der and say oar ha he AStttam 8actnaaV oftMr,
#EDO"at darrCE COIL"'j and i no"no LOtp rM seoMeremf:that IIK no it62sd'tD the ta/rapairip PaWef of Attaarrey is st#9r corporate act amwas"no ttfr�by authbmy of the ByliYr9 d" ,
Btaf tAarne s o ee+o isoaer d Atror+wrfr ei a aura 6eaetasY dsa�o Can9snr Dtrrie auu ay:aim mura is ee�utimed t an tamrs a Dixon caul . :.
�`. tamfTrartnarusotJme�satraubs�aa��taaoeardAupmoV'saroageapaetwsdwrihrpdsaklJamesaatr�ab�itner��sswr�eDVeuu�rdsi�ey4�rsargtar�ponera'mr.:
tvatiriit 'E T a y
AclutivsUdged and Sawn to before aw
an me dm above written.
a •..�. �� e.*.O/� � .D"lie L���i
• t ° NICOLETTE T PFC':!
Notary Pattie
+, CA Notary Public, Sta•e of New Jersey
CERTIFITION
No. 20555'.$
STATE NEW JEWSEV Commission Expires October 2, 1994
County of Somerset }
1,the undeastWwd,assistant Secretary of the FEDERAL INSURANCE COIIPANV.do hereby 00". that the foaming is a true excerpt from the Bydaws of the said Company as adopted by its Board of Di»cwns
an March 2.tM and am then eydaw is in tug force and esroet.
'ARTICLE XVIII.
Section 2.All bormft undertakings.ommeas OW WW hhatrumertta other then as above tar and on behatt of Ito Company which O is authoricId by law or 0 charter to exect te.may and snag as executed
M the clan»and on behalf of UN Compmy either by the Chairman or the Vice Chairman of the Presidord o a Via P1e33dOnt.00111Y with the Secretary Of an ASSiStara Seeraary,under mein respeetne
detipnaW.&-=W that any ate or more officers or attorney*Waa dattoated in any mWubon of the Board of Directors,or ttm Executive Committee,or in any paws+of a army executed as prwided
to In Section 9 below may,eacm any such Wilid,urdemaking Or aim oalipa W as tuwded a such MSOAMW Or power Of allCMOV
section a mpows of Wompyto anacin behittdowCompayrnay ad6t+a>f bed in dieharm aid on benaddtheCompaN Banat by tq Chairman or me VieaCnasmara the PMMre as a VMPMVdsn
eatsA SmVWS WXW a"hapeowdenruttions.Thesiyoawrodaunatfiaismayteenpmred.prireedOr Wtographod Tneti*rMuredeach
ofttMkiftwbtpoffmrs:Chainhan.V haan.Prosidem�rt�VoeCrtKiWm.tryAasfisaKV Pleadam,anySttaeWytanyAssLttaMSec+etaryardtf•ioraldtiaCanpaymtaybataffae00yfatximgelpary
' - tar�d�relayam�hasr�WOlteppOiltfflpRf�Tinlfi�eurMsaArgrrlays4►PaatarpurpoeBSatyde�opaldmeStahpoon@sardhalhoalnawai!>rrgaobfOaV7aymtlue�uts
,.. tlar"alcdonyatipdae►da�onslftWurtararilekai�haturaatsOmstssAtmvat#atrbbfisQmpupptrtMCompanyarotanyah�dhptwasrcheararte0trdoardlbdbyaaNirac�m9p
'. tgrta> siMlissitsate6aatslmlttovat30anOtatdinOWaahlt>oFrarpatgrwrthr�tleayborMmuthd�a>tmpmwnSbgattacllad"
ri.
It3cgataythNaddiE(fEtTALNB�AttCEfSduylkeh�datratRoandfriyahOtturatVrwsetessaheachddls8�sdtroUrhbeaStataadAnwrka.DlmeedCAnumbia.PuerbRbaanD�hdrttta 'F:"
P+ak 4eCaisadaakhttaeou iaPtlnaEtl ttli3tm tirtldit dutytiwiuiedob sowauralyanf uroertaxinga eft..panntftdor eauuWbyUw
..:' RCrPtt�ae�i�a0lktsktshaSoera�ydRAt.rFlStrAAN£86DtrtpRNV.�twnbyaIIByotarttbbeapotrhpt�OaerdArtomv�bintughyee�6tfc�t. a
�r ; .CifuHtts>INtf, r+e,ts4utdtt�s#sr4lrYtnCatr�y/a�rr�r�tr,.>t� '(�d'� �dt_. __,_.._,tom ,.
F '� AtIII
`k
ides i.90}GENt:!ltAL �
:n
M" CITY OF CUPERTINO
INTERDEPARTMENTAL Date
JAN. 1$, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
C1 Information MESSAGE: TRAFFIC SIGNAL INSTALLATION ON NORTH TANTAU AVENUE
C1 Implement AT TANDEM COMPUTER DRIVEWAYS, PROJECT 91--110
C� Investigate
C) Discuss 1. THREE SETS OF CONTRACT FOR PROCESSING. _
See me 2. TWO COPIES EACH FAITHFUL PERFORMANCE BOND AND LABOR AND
Reply MATERIAL BOND. FEDERAL INSURANCE COMPANY (send a copy to
contr��tor?
3. ONE COPY CERTIFICATE OF INSURANCE, 1/11/91.
sm
Reply: Contractor: Rosendin Electric
P. 0. Box 5061
suit a
SIGNED: DATE
Send parts l and 2; retain part 3 for follow-up; part 2 to be returned -aith reply
_ CHUBE3 GROUP OF INSURANCE COMPANIES
FEDERAL. INSURANCE COMPANY
0
f
BID BOND
0
Bond No. Amount S
Know All Men By These Presents,
That we,
kOS1.NI)IN ELECIR.IC, INC.
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Suretv). as Surety, are held and firmly bound unto
CITY OF CUPERTINO
(hereinafter called the Obfigeej,
in the sum of TEN PI RG;1:N'i' (10 0-) 01' 11I1' '1'(1`1`AL A. VN i' R 11)------- --
Do(lars
($ ), for the payment of wNch we. the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seats and dated this Znd day of January
A. D. nineteen hundred and 1991.
WHEREAS, the Principal has submitted a bid, dated Jail a)'N' Z, �9 91
for
Traffic Signal Installation on North 'f<trtt<.tu VOUILIC at T,►ndettt Computer Pi-ivelvays,
Project 91-110.
NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that it the Obligee shall accept the bid
of the Principal and the Principai shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the 1,s1U1ful performance of such contract, or in the event of the failure
of the Principal to enter, into such contract and give such bond: it the Principal shall pay to the Obligee the d+t-
t:ountyur Vvi it,a .,..�,u
On January _', -199.1 before me, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared Barbara L. Shine known to me to be Attorney-in-
Fact of Federal Insurance Company the corporation described in and that executed the within
and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the
said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year stated in this
certificate above.
My Commission Expires November 1, 1994.
� f
Notary Public
' POWER OF A'f'i't RN E Y
K"w art Mien by usage ProsrtintS, Thai the FEDERAL INSURANCE COMPAN1►, 15 Mountain View Road. Warren, New Jersey. an Indiana Corpora-
tion. d constituted and appotmad.and does here"canstaute and apPOun John W. Bowen, A. W. B r own. J r. , Peggy Ma go f f i n,
De76ra Curry and Barbara L. Shine of Pleasanton, California---------------------------
* Wh its true and lawful AnDrnitty-in-Fast to execute under such designation to its name and to affix its corporate Seal to and deliver for and on its benatf as surety
thoean or otherwise. bonds oI any of the following Classes.to-wit:
• t. Bonds and Undertakings(other than Bail Bolos)filed in any suit,matter Or proceeding in any Court.or filed with any Sheriff or Magistrate.for the doing
or no doing of anything specified in Such Bond or Undertaking.
f Z Surety bonds to the United States of America or any agency thereof,including those required of permitted under the taws or regulations relating to Customs
Or Internal Revenue;License and Permit Bonds or Diner indemnity bonds under the 1&ws,ordinances or regulations of any State,City.Town,Village,Board
or other body or organization,public or private;bonds to Transportation Companies,Lost instrument bonds;Lease bonds.Workers'Compensation bonds.
Miscellaneous Surety bonds and bonds on benatf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
in Witness Wl UVOI.the u.d FEDERAL INSURANCE COMPANY has,pursuant to its eylaws,caused these presents to be signed oy its Vice President and Assistant Secretary and,is corporate seal
to to noum affixes the 1 s t oar of May is 90
comorm see+
aka t'
,o
-Wr FE00AL INSURANCE COMPANY
By
• Ja.�fOD A f
Rlrnaya 0 O'Connor = Ja s 0 axon
Vice President
Aewfawlt Secretary
Of NEW JERSEY 1 SS.
Country of Somerset I
on May 1 S t day of May 19 90 before me personally came Richard 0 O'Connor to me known and by ma known to be Assistant Secretary at the FEDERAL insuRANCE
COMPANY.this corporation described in and which executed the foregoing Power of Anomey.and the Said Richard 0 O'Connor being by me duty sworn,did depose and say that he is Assistant Secretary of the
FEDERAL MUAANICE COMPANY and knows the corporate seat thereof,that the suit affixed to the foregoing Power of Anorney is such ccrporate seat and was thereto affixed W authority of the ayLAws at said
canOWV.and toil he Warted said Power at Anorney as Asswaim secretary of Wd Com,)ary by like aumalty,and trial ne is acquainted witn James 0 Milan and knows firm to be the Vice President of said Company.
Slid UM 00 Sig Moo d pad Jafnes 0.Dixon subscribed to said Potwar of Aflame;is,r me genuine handwriting of said James D.Dixon and wad thereto subscribee,by authority of said eytakws and m deponehi s presence
NoU1" E T p
Acknowledged and Sworn to before me
rJ NOTARY ram„ on the oate above written
PMIC
'>♦r 7 �+ N!COLETTE I PA.11- '•'! Notary Public
JE CERTIFICATION Notary Public, rta'e of New lefscy
N,: ^,0 ' '8
STATE OF NEW JERSEY I
ss, Commission Eap.ncs t;�tober 2, 1994
County of Somerset
I,oil Undef"nW.Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the'allowing,s a true excerpt from the By-Laws or the said Company as adopled by its Boaid of OVenors
an Mauch 2. 1990 and What this By-Law is in lull force and erect
"ARTICLE xvgl
Seaton 2.Ali bonds.undertakings.contracts and airier msiii,mems weer man as above for and on behalf of the Company which it e authorized by law of its charter to execute may and snarl be executed
In(nor Aame and on behalf d the Company either try the Chairman or the Vwr Chairman or the President or a Vice President,p,ntty with the Secretary or an Assistant Secretary,under their respective
desfgflehbnS.except that any ore a more officers of anwnoys,n-tan oes,gnsle:1 in any resolution of the Board of Directors at the Executive Committee,or in any power of attorney executed as provided
for in Se ten 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney
Stf' - 3 A9 potsers Of attorney qr and on penail of the Company may"shag be executed in the name and on behalf 011110 Company,either try de Chairman or the Vice Chairman rir the President at a vice President
a an ASsaaem Vice P1050dent,p,ndy with trio Secretary or an Assistant Secretary,udder then respectiie des,grworn The signature of such ortcers may be engraved,printed or littwgrapned The signature of each
d the bttanng officers Chairman.Vice Chairman,Presideit.any Vice President.any,Assistant Vice President,any Secretary,any Assistant Socetary and the seal of the Company may be amxed by facsimile to any
Poway Of WWr"Of to any Ce1111"s/e181ng thereto appointing Assistant Secretaries or Anorreys•rMFan for purposes only of executing and attesting bonds aria undertakings and otter writings obligatory,n the nature
nWMd.and any such power of aaorney,or cenificate bearing suer facsimile signature at facsimile seat shall be ratio and binding uPnn the Company and any such power so executed and can tied by,such facsimile
aghffiItil and lacaimrlo seat Shan be valid and(fading upon the Company with respect to ary pond or undertaxalg to which it is anacf.rtd"
I WOW eartdY OW sad FEDERAL INSURANCE COMPANY,s duly licensed to transW Idatrly,and surety business in each of the States of the United Slates of America,District of Cotumbia.Puerto Rico,and each of the
PiowttIM of Canada with the exception of Prince Edward island,and H also duty licensed to become sots surely on bonds,undertakings.etc,permlldd an n,quured by fan
L tits ia10W6t0iM0 Asaatahtt Secretary of FEDERAL INSURANCE COMPANY.de hereby cerlily that the foregoing Power at Attorney A in full force and affect. t,T
GkWstwlflMtsgi hard Cold It*a+elbfS"Company&I Warren.NJ.Me lad =- ,
�O Aaalatant SecrottWry
a
PR941ED
ForinEf- R•v etknOENERAt utEl+w
CHUBB GROUP OF INSURANCE COMPANIES
FEDERAL INSURANCE COMPANY
BID BOND
Band No. Amount 5
Know All Alien By These Presents,
hat we,
R0sl1-*N1Dlti Ia..rcrT:Ic;, INC.
(hereinafter called the Principal).
s Principal. and the FEDERAL INSURANCE COMPANY. Warren, Ne-,,Jersey. a corporation duly organized under
e laws of the State of Indiana. (hereinafter called the Surety), as Surety. are held and firmly bound unto
I1Y Of' (WERTT)NO
(hereinafte, called the Obligee).
the sum of CEti 11ERC1iM' (1001i OF '111L TOTtki, A1\y-)I \T I fFD------- --
-- Dollars ,
). for the payment of which we. the sa;d Pt inc pal and the sa;d Surety, b+rid ourselves.
r heirs, executors, administrators, successors and assigns, jointly and severally. firmly by ti,ese presents.
aled with our seals and dated this 2nd day of IamtaTl
D. nineteen hundred and 1991.
EREAS, the Principal has suhmitted a bid, dated
rat Cic Signal Inst;tllation on north Tantau Avenue cit Tandem (ontpute).
roject 91-110.
W. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, thX if the Obligee shall accept the bid
he Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
e bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
he Principal to enter into such contract and give such bond, it the Principai shall pay to the Obligee the dif-
nce. not to exceed the penalty hereof. between the amount specified in said bid and the ar-nount for which
Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
in excess of the former, then this obligation shall be null and void, otherv:ise to remain in fuli force and offer'
Ilosendin Electric, Tnc.
Principal
/r
By:
RON COFFEE. C Rt?>iDENT
FEDERAL INSURANCE COMPANY
By:
Barbara L. Shine, r1ttornev-in-Fact
.a
BID DOCUMENTS(continued)
PROJECT 91-3.10
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above documents. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions 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 or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary 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
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
TIME FOR COMPLETION
1. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Mai tenance, Inc. at 3395 Viso Court, Santa Clara, CA for
testing on or before , (L 16 , l91t .
2. Traffic signal poles and hardware will be delivered to the job site for
installation on or before A?f- -- /S , 1991 .
3. The traffic signal system will be complete and operating on or
before_ PIA-1 i , 19q ( .
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between JANUARY 2, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM gDL UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. ONE(l) L.S. Install Construction Signing:
Sm r TA 5f}N1� W O
FJE�1 $ 3ZSC�.�x?
Dollars Lump Sum
2. ONE(1) L.S. Traffic Signal Installation:
$ 35,t�o
Dollars Lump Sum
3. 2 Each Remove Existing Handicap Ramp:
-ro w
F-r�r`� iC;�-IT EyE�1 4
$ C...-S��ojEa $ Z-✓ �fo�O
Dollars per Each
Proposal Page 2 of 9
BID DOCUMENTS(Continued)
PROJEZT 91-110
P
4. 25 L.F. Remove Curb and Gutter:
Dollars per Lineal Foot $ ;; 5_`�l $ 75 c ()
5. 3 Each Install Handicap Ramp:
uft �4UNIR- d Are
�O K'-ry F_.vC,J
$ q40."�—O /Ea $7- .f
Dollars per Each
6. 977 L.F. Remove Traffic Striping:
( .i �� D d t�t A d2 �,�SC�) N I Y
T
_C-_Cj f S
Dollars per Lineal Foot ELF $
7. 1 Each Remove Traffic Sign and Post:
Coe �.. � Alll�-b
_�1� �iyCty
Dollars per Each /Ea $
8. 10 Each Install Traffic Signs:
ONCE
-.M:12 r/VE ;J
$ /Ea $ l �5fl.t?U
Dollars rer Each
9. 420 L.F. Install Traffic Striping City
Detail 23C:
__Ti•J O 1J�L�t-A a��-�
9
Dollars per Lineal Foot
Proposal Page 3 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
10. 220 L.F. Install Traffic Striping State
Detail 38:
ONE 2)oL41A�--
�}-��������� C�ti1 i S tl
/LF $
Dollars per Lineal Foot
$
11. 400 L.F. Install Traffic Striping City
Detail 39AC:�A '�
$ /LF $
Dollars per Lineal Foot
12. 300 L.F. Install Painted 12 Inch White
Traffic Striping:
t�N� sEvery �v�
/LF $
Dollars per Lineal Foot
13. 6 Each Install Painted Traffic Arrows:
/Ea $
Dollars per Each
14. ONE M L.S. Landscaping and Irrigation
Modification:
i GC-1�
BEN $ 17�b
Dollars Lump Sum
15. 120 S.F. Install 4 IZch P.C.C. Sidewalk:
P-y6 DC)L-,L 4-g-S A01)
F��r-y c�n►7� L (
/SF
Dollars per Square Foot
Proposal Page 4 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
16. 1 Each Install Unmetered Service
Equipment Enclosure:
Us �� tl��
$ 3� /Ea $ 3�a )0,22�
Dollars per Each
17. ONE(1) L.S. Street Lighting Modification:
"7T, PTY E(GqT Hk-)02
r1jD 61 G 4ri
Dollars Lump Sum
18. ONE(1) L.S. Provide and Install 2" Rigid Metal
Conduit and Conductors for Service:
7W i��� F dry F vcr1 $ Z z
Dollars per Each
TOTAL:
Proposal Page 5 of 9
BID DOCUTHENTS(Continued)
PROJECT 91-110
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, or surety, payable to the City of Cupertino, in the amount of
2 0 C
$ �.00 .-- I which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
(business title) (business nime)
the party making 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 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 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 manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost elem# -�t of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
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 corporation,
partnership company, association, organization, bid depository, or to any
member or ag:,nt thereof to effectuate a collusive or sham bid.
Proposal Page 6 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDE QUALIFICATION FORD
In further compliance with the specifications furnished, I, the
undersigned, submit the f 'lowing 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 ,3 7 years.
Our experience in work comparable with that required by the proposed
contract is 32 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is -- [ years operating under the following different
business name(s) .
My California Contractor's License Number is Z 3 79
The classification of this License is ( (D C ( Z
The expiration date for this License is 9 / 3 0 / —7—
T
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, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
i
90 SfC7tiA L, -35
l.�C��,�SKFi�cwc;O�.F'��✓tC�,�T �� Cr;c;
O4
/NtC �ToS�r CA ` y��,cc)UC
Proposal Page 7 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(O.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name ��J-,�Td
Address 7 L l2.-�� V le U,
Work to be Performed _UC)L)UJe
2. Nane .�_, H of Iz[ td
Address ( S S � (N U�S7K.( �� L � �J �-i LQl >o OY 9 40-70
Work to be Performed 5(�-?71J !ti��� Fi *_ /NC
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
7. Name
Address
Work to be Performed
Proposal Page 8 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
USI'
NAME OF BUSINESS
CRATION gU +-b Etc-TCZ(C' , I N(2--
CO-PARTNERSHIP: Ta x(C
INDIVIDUAL 6 y.6A-0 gAlc- Sic rlf 5�
JOINT VENTURE �� S-r�Tn G . MAP
OTHER
(Describe)
Name and Signature of Bidder:
A (Print or Type Name)
(Signature)
Date ►� l �
Address(mailing & location)
Telephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 S E 7 8 9 10
Proposal Page 9 of 9
BID DOCUMENTS(continued)
PROJECT 91-110
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL. INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above documents. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions 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 or
transportation costs.
I, the undersigned, also �i.nderstand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino do—s not state that the actual amount of work will
correspond but reserve-- the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary 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
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shag. prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
TIME FOR COMPLETION
I. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for
testing on or before 3- ►Z , 1991 .
_. Traffic signal poles and hardware will be delivered to the ,job site for
installation on or before -4-S , 1991.
3. The traffic signal system will be complete and operating on or
before 3 - O 19 C
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between JANUARY 2, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. ONE(1) L.S. Install Construction Signing:
�)� t ►�-.�'^tea c.�....�-
$ s-1c)
Dollars Lump Sum
2 . ONE(1) L.S, Traffic Signal Installation:
�(�i .tea-t.Lvc�
CL"'k n G i L iT
_ - $ `z G' 0
Dollars Lump Sum
3. 2 Each Remove Existing Handicap Ramp:
GtA.rou Q
Dollars per Each
Proposal Page 2 of 9
BID DOCUKENTS(Continued)
PROJECT 91-110
4. 25 L.F. Remove Curb and Gutter: J
\A.. .�-�--'1rL:Yam-� C�i•s+` _
Dollars per Lineal Foot
5. 3 Each Install Handicap Ramp:
Dollars per Each
6. 977 L.F. Remove Traffic Striping:
Dollars per Lineal Foot
7. 1 Each Remove Traffic Sign and Post:
LP3�,
--7 1 G _/Ea $
Dollars per Each
8. 10 Each Install Traffic Signs:
$ e L)=-=7'Ea $
Dollars per Each
9. 420 L.F. Install Traffic Striping City
Detail 23C: )
$ LF
Dollars per Lineal Foot
Proposal Page 3 of 9
BID DOCUMENTS(Continued)
PROJLCT 91-110
10. 220 L.F. Install Traffic Striping State
Detail 38:
LF _
Dollars per Lineal Foot
11. 400 L.F. Install Traffic Striping City
Detail 39AC: r o �
�)1�t A.v,rl1 /,
/LF $
Dollars per Lineal Foot
12. 300 L.F. Install Painted 12 Inch White
Traffic Striping:
Dollars per Lineal Foot
13. 6 Each Insstall Painted Traffic Arrows:
/Ea $ > G
Dollars per Each
14. ONE(1) L.S. Landscaping and Irrigation
Modification: - r �
Li
Dollars Lump Sum
15. 120 S.F. Install 4 Inch P.C.C. Sidewalk:
/SF $ 10�-� �
Dollars per Square Foot
Proposal Page 4 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
16. 1 Each Install Unmetered Service
Equipment Enclosure:
,A
Dollars per Each
17, ONE(1) L.S. Street Lighting Modification:
c�
Dollars Lump Sum
18. ONE(1) L.S. Provide and Install 2" Rigid Metal
Conduit and Conductors for Service:
Dollars per Each
TOTAL: $ CA Lk +� �
Proposal Page 5 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I , the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ BID BOND which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
President of Cupertino Electric, Inc.
(business title) (business name)
the party making 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 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 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 manner, directly or indirectly, sought by agreement,
communication, 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 secure any advantage against: the
public body awarding --he contract of anyone interested in the proposed
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 corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 6 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the
undersigned, submit the fallowing 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 34 years.
Our experience in work comparable with that required by the proposed
contract is 4 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is n/a years operating under the following different
business name(s) .
My California Contractor's License Number is 174 637
The classification of this License is C-10
The expiration date for this License is 1-31-91
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, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
please see attached
Proposal Page 7 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
SUBCONTACTORS FORM
The subcontractor(s) , as Defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name
Address O
Work to be Performed C c sz 7;
2. Name
Address PL1 . �'y
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
7. Name
Address
Work to be Performed
Proposal Page 8 of 9
BID DOCUMENTS(continued)
PROJECT 91-110
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTED. DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above documents. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions 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 or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary 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
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTED. DRIVEWAYS, PROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and. the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
ROSENDIN ELECTRIC, INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
TIME FOR COMPLETION
1. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for
testing on or before APRIL 29 , 1991
2. Traffic signal poles and hardware will be delivered to the job site for
installation on or before APRIL 29 , 1991 .
3. The traffic signal system will be complete and operating on or
before JUNE 21 19 91
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between JANUARY 2, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. ONE(1) L.S. Install Construction Signing:
SEVEN HUNDRED FIFTY
AND NO/100
$ 750.00
Dollars Lump Sum
2. ONE(1) L.S. Traffic Signal Installation:
SIXTY-THREE THOUSAND AND
NO/100 _
$ 63,000.00
Dollars Lump Sum
3. 2 Each Remove Existing Handicap Ramp:
FOUR HUNDRED AND NO/100
$ 400.00 /Ea $ 800.00
Dollars per Each
Proposal Page 2 of 9
ROSENDiN ELEC;RlD, J�JGI,
v
BID DOCUMENTS(Continued)
PROJECT 91-110
4. 25 L.F. Remove Curb and Gutter:
TEN AND NOIJQO
$ 10.00 /LF $ 250.00
Dollars per Lineal Foot
5. 3 Each Install Handicap Ramp:
EIGHT HUNDRED AND NO/100
$ 800.00 /Ea $ 2,400.00
Dollars per Each
6. 977 L.F. Remove Traffic Striping:
ONE AND NO11OO
$ 1.00 /LF $ 977.00
Dollars per Lineal Foot
7. 1 Each Remove Traffic Sign and Post:
SEVENTY-FIVE AND NO/100
$ 75.00 /Ea $ 75.00
Dollars per Each
8. 10 Each Install Traffic Signs:
TWO HUNDRED AND NO/100
$ 200.00 /Ea $ 2,000.00
Dollars per Each
9. 420 L.F. Install Traffic Striping City
Detail 23C:
ONE AND NO/100
$ 1.00 /LF $ 420.00
Dollars per Lineal Foot
Proposal Page 3 of 9
ROSEN DIN ELECI,'tRiC, INC,
BID DOCUMENTS(Coptirvued)
PROJECT 91-110
10. 220 L.F. Install Traffic Striping State
Detail 38:
ONE AND NO/100
$Dollara per Lineal Foot i.00 /LF $ 220.00
11. 400 L.F. Install Traffic Striping City
Detail 39AC:
ONE AND N01100
$ 1.00 ELF $ 400.00
Dollars per Lineal Foot
12. 300 L.F. Install Painted 12 Inch White
Traffic Striping:
—TWO AND 201100
$ 2.20 ELF $ 660.00
Dollars per Lineal Foot
13. 6 Each Install Painted Traffic Arrows:
FIFTY AND NO/100
$ 50.00 /Ea $ 300.00
Dollars per Each
14, ONE(1) L.S. Landscaping and Irrigation
Modification:
ONE THOUSAND AND N0/100
$ 1.,000.00
Dollars Lump Sum
15, 120 S.F. Install 4 Inch P.C.C. Sidewalk:
FOURTEEN AND N0/100
$ 14.00 NSF $ 1,680.00
Dollars per Square Foot
Proposal Page 4 of 9
RQSENDIN ELECTRIC, INC.
BI'D DOCUMENTS(Continued)
• PROJECT 91-110
16. 1 Each Install Unmetered Service
Equipment Enclosure:
ONE THOUSAND FIVE HUNDRED
AND NO/100 $1 ,500.00 /Ea $ 1. ,500.00
Dollars per Each
17. ONE(1) L.S. Street Lighting Modification:
THREE THOUSAND FIVE
HUNDRED AND NO/100
$ 500.00
Dollars Lump Sum
18, ONE(1) L.S. Provide and Install 2" Rigid Metal
Conduit and Conductors for Service:
SEVEN THOUSAND ONE HUNDRED
FIVE AND NO/100 $ 7,105.00
Dollars per Each
TOTAL: $ 87,037.00
Proposal Page 5 of 9
R®SENDIN EI..ECTRIC4 INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance ,:i0-. the
provisions of that code, and I will comply with such provisions k-efore
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, or surety, payable to the City of Cupertino, in the amount of
$_ which amount represents ten percent(10%) of
the al ..Amoune he bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
YICE PRESIDENT of RQSENDiN ELECTRIC, INC_
(business title) (business name)
the party making 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 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 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 manner, directly or indirectly, sought by agreement,
communication, 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 secure any advantage against the
public body awarding the contract of anyone interested in the proposed
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 corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Fage 6 of 9
ROSENDIN EEEC 11' "C' AG.
BID DOCUMENTS(Continued)
PROJECT 51-110
BIDDER QUALIFICATION FORM
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 25 years.
Our experience in work comparable with that required by the proposed
contract is 25 years operating under our current_ business name.
Our experience in work comparable with that required by the proposed
contract is _ years operating under the following differerr
business name(s) .
N/A
My California Contractor's License Number is If-60
The classification of this License is CI Q, A, R
The expiration date for this License is _ SEPT. 30, 1992.
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, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
1988 TRAFFIC SIGNAL MOD @ MARY & STEVENS CITY OF CUPERTINO $28,619
__12R-8-- TRAFFIC SIGNAL MOD 0 RATNROW & STELING CITY OF CUPFRTiNO _ -19,731
Proposal Page 7 of 9
I
ROSEN TIN' Ei_`-1Tr);C, INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the Calii�ornia Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name RILEY'S STRIPING
Address 3350 PACHECO BLVD. , MARTINEZ, CA 94553
Work to be Performed STRIPING & SIGNS BID ITEMS 6-13
2. Name VALLEY CONCRETE CUTTING
Address 6830 COUNTRY CT. , ROSEVILLE, CA 95661
Work to he Performed LOOP SAWING
3. N ime
Address
Work to be Performed
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Mork to be Performed
7. Name
Address
Work to be Performed
Proposal ?age 8 of 9
ROSENN"41 t . ij i tiff, INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL KUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS ��EE ��gg NAME OF BUSINESS
CORPORATION ROSENDIN ELECTRIC, INC.
CO-PARTNERSHIP: ROSENDIN ELECTRIC, IN
R. J. R03E+4;i« — PRESIDENT
INDIVIDUAL IL M_ Rn4F:4nIN FX V ORES R Seri
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: RON COFFEE
(Print or Type Name)
a re)
Date: p JANUARY 2, 1991
{FK•.
Addressk a ling & location) r
Telephone Number : ( (40 ) 286-2800
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
ROSEIVE+ N ;eC, W.
BID DOCUMENTS(continued)
PROJECT 91-1.10
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above documents. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions 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 or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserve:; the right to unil,,terally 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
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS, . ROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
TIME FOR COMPLETION
1. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for
testing on or before U -15 , 19q.
2. Traffic signal poles and hardware will be delivered to the job site for
installation on or before 4 -ice , 19+
3. The traffic signal system will be complete and operating on or
before b - I , 19`iy.
The actual dates for completion shall be the dates set forth above plus
I the number of calendar days between JANUARX 2, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED _QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1'. ONE(1) L.S. Install Construction Signing:
Dollars Lump Sum
2. ONE(l) L.S. Traffic Signal Installation:
s (53,..510'o`—
Dollars Lump Sum
3. 2 Each Remove Existing Handicap Ramp:
$ pd� /Ea $ 5CO eo
Dollars per Each
Proposal Page 2 0£ 9
BID DOCUMENTS(Continued)
PROJECT 91-110
4. 25 L.F. Remove Curb and Gutter:
s I) /LF $ Lyon=Dollars per Lineal Foot
5. 3 Each Install Handicap Ramp:
0o JEa $ 1500 �a
$ _
Dollars per Each
5. 977 L.F. Remove Traffic Striping:
_ $ / 77 7S
/LF $ 7C)9
Dollars per Lineal Foot
7. 1 Each Remove Traffic Sign and Post:
1/(c, c ,Ea
Dollars per Each
8 . 10 Each Install Traffic Signs:
O a?
$ 17 ? CC) /Ea $ 17-
Dollars per Each
9. 420 L.F. Install Traffic Striping City
Detail 23C:
LF
Dollars per Lineal Foot
Proposal Page 3 of 9
BID DOCUMENTS(Continued)
PROTECT 91-110
10. 220 L.F. Install Traffic Striping State
Detail 3E:
Dollars per Lineal Foot
11. 400 L.F. Install Traffic Striping City
Detail 39AC:
$ / + ELF $ 4166 o0
Dollars per Lineal Foot
12. 300 L.F. Install Painted 12 Inch White
Traffic Striping:
$ /LF $ 2
Dollars per Lineal Foot
13. 6 Each Install Painted Traffic Arrows:
yJ
-58
Ea
Dollars per Each
14. ONE(1) L.S. Landscaping and Irrigation
Modification:
OJ
Dollars Lump Sum
15. 120 S.F. Install 4 Inch P.C.C. Sidewalk:
/SF $ JZG
Dollars per Square Foot
Proposal Page 4 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
16. 1 Each Install Unmetered Service
Equipment Enclosure:
S f ZW*, /Ea $ 1200':
Dollars per Each
17 . ONE(1) L.S. Street Lighting Modification:
°'
Dollars Lump Sum
18. ONE(1) L.J. Provide and Install 2" Rigid Metal
Conduit and Conductors for Service:
co
Dollars per Each
TOTAL: $ �� 2
75,
Proposal Page 5 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict if
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to uneertake self-insurance in accordance with the
provisions of that code, and 1 will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, r surety, payable to the City of Cupertino, in the amount of
6� ,7 which amount represents ten percent(10%) of
the total amount of the bid as required by law and ;.his Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
c f F/L--L Z
(busi ess title) (business name)
the party making 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 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 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 manner, directly or indirectly, sou;;ht by agreement,
communication, 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 secure any advantage against the
public body awarding the contract of anyone interested in the proposed
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 corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 6 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER QUALIFICATION FORM
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 y years.
Our experience in work comparable with that required by the proposed
contract is 4/ years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
My California Contractor's License Number is
The classification of this Licence is
The expiration date for this License is
Where federal funds are involved, no bid saoinitted 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 licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
Proposal Page 7 of 9
BID DOCU14ENTS(Continued)
PROJECT 91-110
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name 2l L,r__�
Address SA�.� C4a.
Work to be Performed 5��.,,,.�u r �; ,�►
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
7. Name
Address
Work to be Performed
Proposal Page 8 of 9
91-003 TRAFFIC SIGNAL INSTALLATION 2 of 4
PROJ. 91-110
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER°S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND L'ST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name aiid Signature of Bidder: C=�?��•'"err �. a�,t1�, o �P,e .
(Print or Type Name)
(Signs u
Date:
Address(mailing & location) : H E C I
326 Commercial t.
San Jose CA. 95112
L1 E'Z.Zi c !r f j• i 'Zurld, See. 7eea . (c 0-7o
Telephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
is
y,
4
CITY OF CUPERTINO
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
PROJECT 91-110
TRAFFIC SIGNAL INSTALLATION
NORTH TANTAU AVENUE AT TANDEM COMPUTER DRIVEWAYS
BID OPENING
2:00 P.M.
WEDNESDAY
JANUARY 2, 1991
Bert J. Viskovich, Director of Public Works
City Hall
10300 Torre Avenue
Cuper.;ino, California 95014
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
Notice to Contractors
Proposal
Bidder Qualification Form
Sub-Contractors Form
Bidder's Signature Form
B. GENERAL PROVISIONS
Adoption of Standard Specifications
Headings and Citat:'ons
Definitions of Terms
Prosecutions and Progress of the Work
Control of the Work
Legal Relations and Responsibilities to the Public
Proposal and Award of Contract
C. SPECIAL PROVISIONS
Location
Scope of Work
Order of Work
Time of Completion and Liquidated Damages
Prebid Conference
Preconstruction Conference
Inspection and Inspection Costs
Traffic Control
Record Drawings
Warranty
Escimated Quantities
Explanation of Bid Items
Review and Approval Signatures
Contract for Public Works
Faithful Performance Bond
Labor and Materials Bond
A. BID DOCUMENTS
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
TRAFFIC SIGNAL INSTALLATION, on NORTH TANTAU AVENUE at TANDEM COMPUTER
DRIVEWAYS, PROJECT 91-110.
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 TRAFFIC SIGNAL INSTALLATION, on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110.
Plans, Specifications and Contract Documents 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 of the General Provisions for
full directions as to bidding.
Sealed proposals will be received at the office of the City Clerk, City
Hall, City of Cupertino, 10300 Torre Avenue, CA 9501&, until 2:00 P.M. on
JANUARY 2, 1991, at which time they will be publicly opened and the
comparative totals read.
All proposals or bids shall be accompanied 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 become 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 Prices submitted. No incomplete nor interlineated
proposal or bid will be accepted. Bidders are required to bid or all items o`
the proposal.
No 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 bid will be awarded to a Contractor who is not licensed in accordance
with the provisions of Division 3 of Chapter 9, "Contracts" of the Business
and Profession] Code of the State of California. The contract shall not be
aw:,rded to any bidder who does riot possess the proper classification of
license.
Notice to Contractors Page 1 of 2
BID DOCUMENTS(continued)
PROJECT 91-110
All bids received will be reported to the City Council of Cupertino
within thirty(30) days of receipt, at which time the City Council will review
and act upon the bids submitted. Award, if any, will be made to the
responsible bidder whose proposal is most advantageous to the City.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or to
increase or decrease the quantity of any item thereof in conformance to the
Standard Specifications and these Special Provisions.
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 contract is
awarded, and upon all sub-contractors, 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 Specifications.
Payments to the Contractor will be w de 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 account and will not be considered
as an acceptance of any part of the material or workmanship required by the
Contract.
Pursuant to Section 4590 of the California Government 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 wi;.l to deposited either with the City or with a
state or federally chartered bank as escrow agent.
Securities eligible for tKis substitution are those listed in Section
16430 of the California Covernment 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.
CITY OF CUPERTINO
By: Date: �
City Clerk
Published: 41.�'1' /9fa
'z /sue
Notice to Contractors Page 2 of 2
rrJMIUNiTY ELECTRIC, INC.
BID DOCUMENTS(continued)
PROJECT 91-110
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER, DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above docum,?.nts. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions for the prices set
forth in the following schedule. I further understand that said prices include
all costs including, bul- not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the cast advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machir:ery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
BID DOCUMENTS(Continued) COMMUNITY ELECTRIC,INC.
PROJECT 91-110
TIME FOR COMPLETION
1. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Maintenance, Inc. at 395 Viso Court, Santa Clara, CA for
testing on or before , 19y.
2. Traffic signal poles and hardware will bbedelivered to the job site for
installation on or before , 19
3. The traffic signal system will be complete and operating on or
before , 19 q�.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between JANUARY 2, 1991 and the date the contract.
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. ONE(: ) L.S. Install Construction Signing:
Dollars Lump Sum
2 . ONE(1) L.S. Traffic Signal Installation:
Dollars Lump Sum
h
3. 2 Each Remove Existing Handicap Ramp:
Dollars per Each
Proposal Page 2 of 9
COiJ�w�U'N1 TY LAC i RIC, ;NC.
BID DOCUMENTS(Continued)
PROJECT 91-110
4. 25 L.F. Remove Curb and Gutter:
r $_, /LF $
Dollars per Lineal Foot
5. 3 Each Install Handicap Ramp:
Dollars per Each
6. 977 L.F. Remove Traffic Striping:
�i <<• $ /LF $ ;
Dollars per Lineal Foot
7. 1 Each Remove Traffic Sign and Post:
$ /Ea $ tt °'
Dollars per Each
S. 10 Each Install Traffic Signs:
1
•_ . r<._ c fir:' r' i¢i $ 1 i C. /Ea $ �
Dollars per Each
9. 420 L.F. Install Traffic Striping City
Detail 23C:
� Gr
Dollars per Lineal Foot
Proposal Page 3 of 9
COMMUNITY ELECTRIC,INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
10. 220 L.F. Install Traffic Striping State
Detail 38:
/LF $ � L
Dollars per Lineal Foot
11. 400 L.F. Install Traffic Striping City
Detail 39AC:
JLF
Dollars per Lineal Foot
12. 300 L.F. Install Painted 12 Inch White
Traffic Striping:
r,
/LF $
Dollars per Lineal Foot
13. 6 Each Install Painted Traffic Arrows:
jr $ i._ /Ea $
Dollars per Each
14. ONE(1) L.S. Landscaping and Irrigation
Modification:
Dollars Lump Sum
15. 120 S.F. Install 4 Inch P.C.C. Sidewalk:
Dollars per Square Foot
Proporal Page 4 of 9
COMMUNITY ELECTRIC,INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
16. 1 Each Install Unmetered Service
Equipment Enclosure:
_/Ea $
_ ti
Dollars per Each
17. ONE(1) L.S. Street Lighting Modification:
.-2 t
Dollars Lump Sum 9 /+
18. ONE(1) L.S. Provide and Install 2" Rigid Metal
Conduit and Conductors for Service:
Dollars per Each
TOTAL:
Proposal Page 5 of 9
COMMUNITY ELECTRIC, INN.
BID DOCUMENTS(Continued)
PROJECT 91-110
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish 'che priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ MODEwhich amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
President of ('OMMUNITY ELECTRIC, INC.
(business title) (business name)
the party making 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 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 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 manner, directly or indirectly, sought by agreement,
communication, 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 secure any advantage against the
public body awarding the contract of anyone interested in the proposed
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 corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 6 of 9
G&LAIj 1UNIPY ELECTRIC, INC. •
BID DOCUMENTS(Continued)
PROJECT 91-110
BIDDER QUALIFICATION FORM
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 _ If years.
Our experience in work comparable with that required by the proposed
contract is /0 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
BIDDER'S UCENSE NUMBER is 32334s
CLASSIFICATION C-40,045
THE UCEN3E EXPIRATION DATE IS s/31l'91.
THE REPRESENTATIONS MADE HEREIN ARE
MADE UNDER PENALTY OF PERJURY.
My California Contractor's License Number is
The classification of this License is
The expiration date for this License is
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, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Cyr Location of Work and for Whom Performed Amount
ct
Proposal Page 7 of 9
� o
r
s
community electric, inc. CA1- C 323345
2143 east frandsco blvd. • san rafael, ca 94901
(415)257 3n()n FAX 1415)257 3029
RECENTLY COMPLETED PROJECTS
TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT VALLEY AVENUE AND KOLLN STREET AND BERNAL
AVENUE AND OLD BERNAL/CASE AVENUE PROJECT 88-5025
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: 198,448.77
DATE ACCEPTED: JUNE, 1990
OWNER: CITY OF PLEASANTON
ADDRESS: P. 0. BOX 520, PLEASANTON CA 94566-0802
REFERENCE NAME: DAVID MARCHI, ELECTRICAL INSPECTOR
PHONE NO.: 415-484-8066
TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT ARDENWOOD BOULEVARD/KAISER DRIVE 7737 (PWC)
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMr)UNT: E33,310.30
DATE ACCEPTED: APRIL 17, 1990
OWNER: CITY OF FREMONT
ADDRESS: 39700 CIVIC CENTER DRIVE, FREMONT CA 94537
REFERENCE NAME: WILLIAM J. OSWALD, CONSTRUCTION INSPECT:09 COORDINATOR
PHONE NO.: 415.790-6703
TITLE OF PROJECT: SIR FRANCIS DRAKE SIGNAL IMPROVEMENTS PROJECT ECR-725 - FAE M-EO11(007)
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: $340,861.68
DATE ACCEPTED: APRIL 10, 1990
OWNER: MARIN COUNTY
ADDRESS: P. 0. BOX 4186, CIVIC CENTER, SAN RAFAEL CA 94913-4186
REFERENCE NAME: M. B. GLUSKA, RESIDENT ENGINEER
PHONE NO.: 415-499-6528
TITLE Or PROJECT: ROCK HILL TRAFFIC SIGNALS AND INTERSECTION IMPROVEMENTS PROJECT NO. 87-T-17
TYPE OF PROJECT: TRAFFIC. SIGNAL AND STREET LIGHTING
CONTRACT AMOUNT: $147,494.68
DA(E ACCEPTED: MARCH 20, 1990
OWNER: TOWN OF TIBURON
ADDRESS: 271 MILLER AVENUE, MILL VALLEY CA 94941
REFERENCE NAME: STAN M. BALA, TOWN ENGINEER
PHONE NO.: 415-383-4531
TITLE OF PROJECT: INSTALLATION OF TRAFFIC SIGNAL DETECTOR LOOPS AT VARIOUS LOCATIONS
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: $129,889.70
DATE ACCEPTED: DECEMBER 11, 1989
OWNER: CITY OF SANTA ROSA
ADDRESS: 69 STONY CIRCLE, SANTA ROSA CA 95401
REFERENCE NAME: DALENE J. WHITLOCK, ASSOCIATE TRAFFIC ENGINEER
PHONE NO.: 707.576-5141
07/31/90
CONIMUNITY ELECTRIC, INC.
BID DOCUMENTS(Continued)
PROJECT 91-110
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.58) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name l zj l_f ( t" F' r1 f...« f
Address /-7L
Work to be Performed 1`f:',,
2. Name J3 � ' c'c�i we rt r i
Address
Work to be PPerformed
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 _
7. Name
Address
Work to be Performed
Proposal Page 8 of 9
COMMUNITY ELECTRIC, INC.
BID DOCUMENTS(Continuci)
PROJECT 91-110
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND . MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE,
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION COMMUNITY ELECTRIC,INC.
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
WADE L. WHITE
Name and Signature of Bidder: President
(Print or Type N e)
i
( 'gnatu e)
Date: JAN 0 2 1991
21,4::9 East Francisco Blvd.
Address(mailing & location) ,ari Rafaal.CA 94901
Telephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
` COMMUNVY ELECTRIC, INC.
B. GENERAL PROVISIONS
1. ADOPTION OF STANDARD SPECIFICATIONS
By this reference, the Standard Specifications of the State of
California, Department of Transportation dated January, 1988 (herein referred
to as "Standard Specifications") is incorporated and adopted as the Standard
Specifications for PROJECT 91-110 and shall apply together with the
modifications contained herein.
2. HEADINGS AND CITATIONS
The section and other headings and citations to the State Standard
Specifications are inserted solely as a matter of convenience and are not a
part of the City's Standard Specifications.
3. DEFINITIONS OF TERMS
The definitions and terms outlined in Section 1 of the State Standard
Specifications shall apply with the following modifications:
1-1.10 "Contractor" means any person or persons, firm, partnership,
corporation, or combination thereof as defined in the Standard
Specifications and in Section 7026 of the California Business and
Professions Code. The term contractor includes subcontractor and
specialty contractor.
1-1.13: "Department" means the City of Cupertino (Lereinafter referred
to as "City") .
1-1.15: "Director" means the Director of Public Works or City Engineer,
City of Cupertino (hereinafter referred to as "Engineer") .
1-1.18: "Engineer" means the Director of Public Works or City Engineer,
City of Cupertino, or appointed agent(s) (hereinafter referred to as
"Engineer") .
1-1.25: "Laboratory" means the City's approved 'testing laboratory.
1-1.32: "Proposal Form" 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 bids be prepared and submitted for the
work.
1-1.39: "State" means the City of Cupertino.
4. PROSECUTION AND PROGRESS OF THE WORK
a. Noise Control
Grading, construction and demolition activities shall be allowed to
exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code
during daytime hours provided that the equipment utilized has high quality
noise muffler and abatement devices installed and in good condition and the
activity meets one of the following criteria:
General Provisions page 1 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
a. Noise Control(Cont'd)
1) No individual device produces a noise level more than eighty-
nine(89) dBA at a distance of twenty-five(25) feet from said device.
2) Noise levels created do not exceed seventy(70) dBA on any nearby
property.
It is a violation of this chapter to engage in any grading, street
construction or underground 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.
b. 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 working or calendar days as shown in the
Special Provisions.
c. Record Drawings
The Contractor, upon completion of this project, shall furnish and submit
a set of accurate "Record Drawing" 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. These plans
shall show all contract change order work and all variations in the
construction from the plans provided to the Contractor by the City.
d. Right of Way
The right of way for the work to be constructed 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.
e. Suspension of the Contract
If, at anv time, the City determines that the Contractor has failed to
supply an adequate working 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 terms 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 provide 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 Contractor's control shall terminate, and thereupon the
City of its duly authorized representative may take possession of all or any
part of the Contractor's materials, tools, equipment and appliances upon the
General Provisions page 2 of 14
GENERAL ?ROVISIONS(Continued)
PROJECT 91-110
e. Suspension of the Contract(Cont'd)
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,
purchase the materials for, and buy such additional materials and supplies at
the Contractor's expense as may be necessary for the proper conduct of the
work and fox 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 suspension. all money due
the Contractor or retained under terms of this contract shall be forfeited to
the City. Such forfeiture will not release the Contractor 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 operations of the contract and the completion 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 determination of the question whether there has been any such non-
compliance with the contract as to warrant suspension or annulment thereof,
the decision of the City Council of the City of Cupertino shall be binding on
all parties to the contract.
f. Time of Completion and Liquidated Damages
The work to be performed under this contract shall be completed in
accordance with Section B, paragraph 4b, above. It is agreed by the parties to
the contract that in case all the work called for under the contract, in all
parts and requirements, is not finished or completed within the number of days
as set forth in the Special 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 damage 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 sun 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. The Contractor agrees to pay said
liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any monies due or that may become due to the
Contractor under the contract.
It is further agreed that in case the work called for under the contract
is not finished and completed in all parts and requirements within the numb.. -
of days specified, the Engineer shall have 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 increase 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 accrue during the period of such extension. The cost of final surveys
and preparation of final estimate shall not be included in such charges.
General Provisions page 3 of 14
GENERAL PRO`JISIONS(Continued)
PROJECT 91-110
f. Time of Completion and Liquidated Damages(Cont'd)
The 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 completion 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 rest•cictions, strikes, labor disputes, shortages of materials and
freight embargoes, provided, that the Contractor shall notify the Engineer in
writing of the causes of delay within fifteen(15) days from the beginning of
any such delay. The Engineer shall ascertain the facts and the extent of the
delay. The Engineer's findings thereon 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 En;inber documentary 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 Specifications ("Progress Schedule") ,
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 Contractor's operations,
shall be required. The term "shortage of materials," as used in this section,
shall apply only to materials, articles, parts or equipment which are standard
items and are to be incorporated in the work. The term "shortage of
materials, " shall not apply to materials, parts, articles or equipment which
are processed, made, constructed, fabricated or manufactured to meet the
specific requirements of the 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
changes 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 contemplated by the contract, an extension of time
commensurate with the delay in completion of the work thus caused will be
granted and the 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. The Contractor 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. The Engineer's findings shall be final and
conclusive.
Except for additional compensation 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 Contractor shall have no claim for
damage or compensation 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. 1
General Provisions page 4 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
5. CONTROL OF THE WORK
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 construction and until final
completion and acceptance, prevent the formation of an air-borne nuisance by
oiling, watering with non-potable water, or by other satisfactory method, as
required by the Engineer. The Contractor shall treat the site of the work in
such a manner that will confine dust particles to the immediate surface of the
work. The Contractor shall perform such dua t control measure within two(2)
hours after notification that the Engineer has determined that an air-borne
dust nuisance exists. If the Contractor fails to abate the nuisance within
two(2) hours, the City of Cupertino may order that dust control measures at
the site be done by City personnel and equipment or by others, and all
expenses incurred in the performance of this work shall be charged to the
Contractor and paid for by the Contractor.
c. Inspection
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. The Contractor shall also furnish
telephone service at all facilities servicing the project.
All work done by the Contractor shall be accomplished between the hours
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. Whenever the
Contractor varies the period within the authorized hours during which work is
carried on each day, the Contractor shall give due notice to the Engineer, so
that proper inspection may be provided. Any work done in ;.he absence of the
Engineer will be subject to rejection.
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 Holi.days, shall be paid for by
the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest
rate approved by the City Council, except 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
Agency involved. [See State Standard Specifications Section 5-1.08. ]
d. Monumentation
The Contractor shall properly guard, protect and preserve all street and
highway monuments, all property corner and property line monuments and all
U.S.C. & G. S. monuments in their proper places until their removal is
authorized by the Engineer. Any monuments that have been removed without
proper authority shall be replaced at the Contractor's expense.
General Provisions page 5 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
e. Samples 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 started and before such
material is used in the work. Representative preliminary samples of the
character and quality prescribed shall be submitted 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 furnish 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 commonly 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,
underground mains, and services that may conflict with the project field
located. The Contractor shall contact Underground Services Alert (USA) forty-
eight(48) hours in advance of anv work at (800) 642-2444.
Due caution shall be exercised to insure that underground irrigation
systems, electrical systems, and other utilities on private property are not
damaged during construction of the project. During excavation, appropriate
techniques shall be employed which safeguard all existing utilities and
underground facilities. Damage to such utilities and underground facilities
shall be repaired at the Contractor's expense.
Water for Construction
Water used in any way for the construction of the project shall be
imported by the Contractor and shall be non-potable water in tanks clearly
marked as such unless specific authorization to deviate has been granted by
the Engineer. If authorized by the Engineer, 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 constructioni work is located.
6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
a. Contractor's Payments
Upon request 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 furnishzd hereunder remain unsatisfied after final payment by the
City, the Contractor agrees 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.
General Provisions page 6 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
b. Insurance - Public Liability and Property Damage
Prior to entering into the zontract respecting this project, the bidder
to whom the contract is awarded shall furnish to the City Council of the City
of Cupertino satisfactory proof that the bidder has public liability and
property damage insurance in effect for the entire period covered by the
proposed contract. The insurance carrier and forms of insurance shall be
satisfactory to the City.
Said insurance shall name as additional insureds, the City, it's officers
and it's employees and shall protect the City against loss or liability for
damages resulting from (1) bodily injuries, including death resulting
therefrom, accidentally suffered or alleged to have been suffered by any
person or persons not employed by the Contractor, that may be caused directly
or indirectly by the performance of the contract, and (2) on account of injury
to or destruction of property, including the resultant loss or use thereof,
resulting from any act of the City or omission by the Contractor, or otherwise
resulting directly or indirectly from the operations of the Contractor in the
performance of the contract. The policy shall not contain the so-called "x"
"c" "u" exclusions.
The minimum limits of liability for this insurance shall be as indicated
in (a) and (b) as follows:
Each Person Each Occurrence Aggregate
a) Bodily Injury Liability $500,000.00 $1,000,000.00
Property Damage Liability $250,000.00 $500,000.00
b) A. single limit for Bodily
Injury Liability and Property
Damage Liability Combined of $500,000.00 $500,000.00
Insurance coverage in the minimum amounts set forth herein shall not be
construed to relieve the Contractor from liability in excess of such coverage,
nor shall it preclude the City from taking such other actions as are available
under any other provision of the contract, or otherwise by law, except for
retaining money due the Contractor. If the Contractor fails to maintain such
insurance, the City may take out such insurance to cover any damages of the
above-mentioned types for which the City might be held liable on account of
the Contractor's failure to pay such damages, and deduct and retain the amount
of the premiums from any sums due the Contractor under the contract.
Nothing in the contract is intended to create the public or any member
thereof a third party beneficiary hereunder, nor is any term and condition or
other provision of the contract intended to establish a standard of care owed
to the public or any member thereof. (See State Standard Specifications
Section 7-1. 12. ]
c. Labor Nondiscrimination
Attention is directed to the provisions of Section 7-1.01A(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 Contract Compliance of the United States Department of Labor
as established for Santa Clara County.
General Provisions page 7 of 14
GENERAL PROVISIONS(Contirued)
PROJECT 91-110
d. PrevailLng 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. The Contractor shall conform to
the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications.
e. 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 resulting from a
contract between a contractor and the City when the City has electd to resolve
any diputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter
1 of Part 2 of the Public Contract Code.
This section applies only to contracts entered into on or after January
1, 1991 and shall remain in effect only v:ntil January 1, 1994, and as of that
date is repealed, unless a later enacted statute, which is enacted before
January 1, 1994, deletes or extends that date. 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. To 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 done by or on
behalf of the contractor pursuant to the contract for a public work and
payment of which is not otherwise expressly provided for or the claimant is
not otherwise entitled to, or (3) an amount the payment of which is disputed
by the City.
For any claim subject to this section, the following requirements 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 notice 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 written claim within forty-five(45) days
of receipt of the claim, or may request, in writing, within thirty(30) days of
receipt of the claim, any additional documentation supporting the claim or
relating to defenses or claims 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.
General Provisions page 8 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
e. Resolution of Construction Claims(Cont'd)
(c) The City's written response 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, whichever is
greater.
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 addition documentation supporting the claim or
relating to defenses or claims 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 further documented,
shall be submitted to the claimant within thirty(30) 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 or requested
documentation, whichever is greater.
4. If the claimant disputes the City's written response, or the City
€ails to respond 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 conference to meet
and confer for settlement of the issues in dispute. Upon a demand, the City
shall schedule a meet and confer conference within thirty(30) days for
settlement of the dispute.
5. If following the meet and confer conference the claim or any portion
remains in dispute, the claimant may file a claim pursuant to Chapter 1
(commencing with Section 900) aiid Chapter 2 (commencing with Section 910) of
Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of
those provisions, 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 the claim is denied, including
any period of time utilized by the meet and confer conference.
The following procedures are established for all civil actions filed to
resolve claims subject to this section:
1. Within sixty(60) days, but no earlier than thirty(30) days, following
the filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within fifteen(15) days by
both parties of a disinterested third person as mediator, shall be commenced
within thirty(30) days of the submittal, and shall be concluded within
fifteen(15) days from the commemcement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
General Provisions page 9 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
e. Resolutior_ of Construction Claims(Cont'd)
2. (a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration puruant to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Civil Procedure Code, notwithstanding Section
1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commemcing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Civil Procedure
Code) shall apply to any proceeding brought under this section consistent with
the rules pertaining to judicial arbitration.
(b) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title
3 of Part 3 of the Code of Civil Procedure, (1) arbitrators shall, when
possible, be experienced in construction law, and (2) any party appealing an
arbitration award who does not obtain a more favorable judgement shall, in
addition to payment of costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
3. The City shall not fail to pay money as to any portion of a claim
which is undisputed except as otherwise provided in the contract.
4. In any suit filed under Section 20104.4 of the Public Contract. Code,
the City shall pay interest at the legal rate on any arbitration award or
judgement. The interest shall begin to accrue on the date the suit is filed in
a court of law.
f. Responsibility for Damages
The City of Cupertino, the City Council, the Engineer or the Engineer's
agents shall not be answerable or accountable in any manner for any loss or
damage 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 any person
or persons, either workers or the public, or for damage to adjoining property
from any cause whatsoever 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 from any cause whatsoever during the progress of the work or
at any time before its completion and final acceptance.
The Contractor shall indemnify and save harmless the City and all
officers and employees thereof from all suits, claims or actions of any name,
kind and description, brought forth, or on account of, injuries to or death of
any person including but not limited to workers and the public, or damage to
property resulting from the performance of a contract, except as otherwise
provided by statute. The duty of the Contractor to indemnify and save harmless
includes the duties to defend as set forth in Section 2778 of the Civil Code.
With respect to third party claims against the Contractor, the Contractor
waives any and all rights to any type of express or implied indemnity against
the City, its officers or employees.
General Provisions page 10 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
f. Responsibility for Damages(Cont'd)
It is the intent of the parties that the Contractor will indemnify and
hold harmless the City, its officers and employees from any and all claims,
suits or actions as set forth above regardless of the existence or degree of
fault or negligence on the part of the City, the Contractor, the subcontractor
or employee of any of these, other than the active negligence of the City, its
officers and employees.
In addition to any remedy authorized by law, so much of the money due the
Contractor under and by virtue of the contract as shall be considered
necessary by the City may be retained by the City until disposition has been
made of such suits or claims for damages as aforesaid. The retention of money
due the Contractor 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
Contractor prior to acceptance of the contract. Retention of funds from any
payment made after acceptance of the contract may be made without such prior
notice to the Contractor.
2. No retention of additional amounts out of partial payments will be
made if the amount to be retained does not exceed 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 consider proposals by the Contractor to enter into special
arrangements, such as posting securities 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 bond 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, form, and amount as provided in Section B, paragraph Eb, above
("Insurance - Public Liability and Property Damage") . [See State Standard
Specifications Section 7-1.12. ]
7. PROPOSAL AND AWARD OF CONTRACT
a. Competency of Bidders
All bidders are required to complete the "Bidder Qualification Form" as
provided in the proposal. Incomplete forms or lack of experience in the field
of work being bid may be cause for rejection of the proposal.
General Provisions page 11 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
b. Contract Bonds
The Contractor shall furnish two(2) good and sufficient bonds. Each of
the Bonds shall be executed in a sum equal to the contract price. The first
bond shall guarantee the faithful performance of the contract by the
Contractor. The second bond shall be furnished as required by the terms 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, and the Faithful Performance shall be reduced by
ninety percent(90%) at the Notice of Completion. The remaining ten
percent(10%) will be released at the end of one(1) year from acceptance of the
project provided any deficiencies in the work have been corrected. [See State
Standard Specifications Section 3-1.02. 1
c. Execution of Contract
The successful bidder, as Contractor, shall execute the Agreement set
forth in the contract documents and prow"e the contract bonds and insurance
certificates required therein within ten(i0) days of notification of award of
contract. Failure to do so may result in annulment of award and forfeiture of
the proposal guarantee. No proposal shall be considered binding upon the City
of Cupertino. [See State Standard Specifications Section 3-1.03. ]
d. Payr.,:ant
The City will make partial payments to the Contractor on the basis of a
duly certified estimate of the work performed and the materials incorporated
in the project 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 schedule are available through the City's Accounting
Department. :he City will. retain ten percent(10%) of the amount of each of
said estimates until the expiration of thirty-five(35) days from the date of
recording by the City of the Notice of Completion. At this time, and not
before, the City shall pay the Contractor the whole of the remaining ten
percent(10%) of raid 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
inspection and approval of the City, and subject to whatever inspection and
approval may be required by law.
e. Proposal Forms
The City will furnish to each bidder a standard proposal form, which,
when filled out and executed may be submitted as the Contractor's bid. Bids
not preser::-ed on forms so furnished will be disregarded.
The proposal form is bound together with the Notice to Contractors,
General Provisions, Special Provisions, Bidder Qualification Form, Sub-
Contractors Form and Signature Form. The Contractor shall submit as a minimum,
the Notice to Contractors, Proposal, Bidder Qualification Form, Sub-
Contractors Form and Signature Form. Bids containing less than this or bids
containing incomplete forms will be disregarded.
General Provisions page 12 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
e. Proposal Forms(Cont'd)
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 address of the president, secretary
and treasurer and the proposal shall show the corporate seal.
The proposal shall be submitted as directed in the "Notice to
Contractors" 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 Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505.
f. Proposal Guaranty
All proposals or bids shall be accompanied by cash, cashier's check,
certified check, bid bond made payable, in the amount of ten percent(10%) of
the bid amount, to the City of Cupertino as guarantee that the bidder, if
awarded the contract, will within ten(10) days after notice of award, enter
into a contract with the City for the work.
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, incomplete
bids or erasures, or for irregularities of any kind. Only the proposal forms
prepared by the City shall be used. [See State Standard Specifications Section
2-1.06. 1
h. Subcontractors
The proposal shall contain the name and location of the place of business
of any person or persons, firm, partnership, corporation, or combination
thereof who will perform work or labor or render service to the prime
contractor, except for those providing work or labor or rendering service for
wages only, in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under subcontract to
th prime contractor, specially fabricates and installs a portion of the work
or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of one percent(0.5%) of the
prime contractor's bid or, in case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of one percent
(0.58) of the prime contractor'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 done by
each subcontractor for this project. The prime contractor shall list only
one(1) subcontractor for each portion as is defined by the prime contractor in
the prime contractor's bid.
General Provisions page 13 of 14
GENERAL PROVISIONS(Continued)
PROJECT 91-110
INDEX
DESCRIPTION PAGE(S)
ADOPTION OF STANDARD SPECIFICATIONS 1
APPRENTICES(Prevailing Wages) $
AUTHORITY TO DEVIATE FROM
THE APPROVED PLANS 5
COMPETENCY OF BIDDERS 11
CONSTRUCTION CLAIMS 8-10
CONTRACT BONDS 12
CONTRACTOR'S PAYMENTS 6
CONTROL OF THE WORK 5,6
DEFINITIONS OF TERMS 1
DUST CONTROL 5
EXECUTION OF CONTRACT 12
HEADINGS AND CITATIONS 1
INSPECTION 5
INSURANCE - PUBLIC LIABILITY AND
PROPERTY DAMAGE 7
LABOR NONDISCRIMINATION 7
LEGAL RELATIONS AND RESPONSIBILITIES
TO THE PUBLIC(Labor Code 6d) 6-11
MONUMENTATION 5
NOISE CONTROL 1,2
PAYMENT 12
PREVAILING WAGES 8
PROGRESS OF THE WORK 2
PROPOSAL AND AWARD OF CONTRACT 11-13
PROPOSAL FORMS 12,13
PROPOSAL GUARANTY 13
PROSECUTION AND PROGRESS OF THE WORK 1-4
RECORD DRAWINGS 2
REJECTION OF PROPOSALS 13
RESOLUTION OF CONST "tCTION CLAIMS 8-10
RESPONSIBILITY FOR DAMAGE 10,11
RIGHT OF WAY 2
SAMPLES AND TESTS 6
SUBCONTRACTORS 13
SUSPENSION OF THE CONTRACT 2,3
TIME OF COMPLETION AND
LIQUIDATED DAMAGES 3,4
UTILITIES 6
WATER FOR CONSTRUCTION 6
General Provisions page 14 of 14
C. SPECIAL PROVISIONS
Location
The work to be performed under this contract is within the City of
Cupertino, County of Santa Clara, State of California on NORTH TANTAU AVENUE
at TANDEM COMPUTER DRIVEWAYS.
Scope of Work
The work to be performed under this contract is to provide all labor,
material, tools, and equipment necessary for the construction of PROJECT 91-
110 to completion.
All work shall be performed in accordance with the plans, specifications,
Special Provisions, the City of Cupertino Standard Details and the applicable
sections of the Standard Specifications dated January 1988, and the Standard
Plans dated January 1988, of the State of California.
Order of Work
The Contractor shall conform to the following order of work, which shall
be reflected in the Contractors schedule of planned operations:
a. Immediate procurement of all long lead items of material and
equipment.
b. Work shall not begin at the site of a traffic signal system until all
equipment for that particular system has been delivered and the City has been
notified that same is available for city inspection.
C. All traffic loops and traffic signal conduit trenches shall be
completed prior to installation of any permanent striping, legends, or arrows,
but after the completion and approval of the cat tracking.
Time of Completion and Liquidated Damages
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as set forth in the Time and
Completion portion of the proposal. The Contractor shall pay to the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day, for each
and every calendar day's delay beyond the dates established in the
Contractors' proposal for each and every portion of the completion process.
The date for completion shall be determined by the Contractor and shall
be specified in the proposal. The value of time as determined by the Engineer
will be used in conjunction with the prices bid in determining the most
economical proposal.
Prebid Conference
A prebid conference will be held on Wednesday one(1) week prior to
JANUARY 2, 1991 at 9:00 am to answer any questions that prospective bidders
may have and to provide an opportunity for the City to generate addendums to
the project prior to bid openning. The meeting will be held in Conference Room
Special Provisions page 1 of 14
SPECIAL. PROVISIONS(Continued)
PROJECT 91-110
"D" at Cupertino City Hall. Attendance by prospective bidders is not
mandatory.
Preconstruction Conference
A preconstruction conference will be scheduled by the City within two (2)
weeks from the date the contract is awarded. The meeting shall take place
prior to the begining of any construction on the project. The meeting will be
held in Conference Room "D" at Cupertino City Hall.
Inspection and Inspection Costs
The work will be inspected by the City of Cupertino and its agent for the
electrical portion. Inspection costs for any work done before 8:00 A.M. or
after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall
be paid for by the contractor at the rate of thirty five dollars ($35.00) per
hour.
Traffic Control
The Contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades, warning lights, and flaggers to give adequate
warning to vehiculaz traffic at all times that construction is in progress.
No lane closures shall be permitted on NORTH TANTAU AVENUE or on TANDEM
COMPUTER DRIVEWAYS before 9:00 A.M. or after 3:00 P.M. , Monday through Friday
except that under conditions of emergency the City may permit, in writing,
lane closures before 9:00 A.M. or after 3:00 P.M.
The Contractor shall maintain a minimum of one(1) travel lanes in each
direction for traffic on TANDEM COMPUTER DRIVEWAYS and one(l) travel lane in
each direction Enr traffic on NORTH TANTAU AVENUE at all times.
Record Drawings
The Contractor, upon completion of PROJECT 91-110, shall furnish and
submit a set of accurate "Record Drawing" plans and five (5) "Electrical
Schematics" of the traffic signal cabinet to the Department of Public Works
before this project is considered complete.
Warranty
The supplier and/or Contractor shall warrant all equipment and
installation work against failure for a period of one(1) year. Any equipment
failure during this period will be corrected at the expense of the Contractor
including materials, labor and all other expenses which are necessary to
correct the failure.
The expenses shall include all costs ncurred by the City, including but
not limited to wages, materials or City's Contractor expenses, etc. necessary
to ascertain the nature of the defect and to take appropriate action pending
the arrival of the supplier's representative. Any work at the intersection by
the supplier or Contractor will require the presence of City representative
whose time will be charged to the Contractor.
The City undertakes to advise the Contractor or supplier immediately that
Special Provisions page 2 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
a warranty failure is believed to have taken place. The City will carry out no
more work than necessary to restore reasonable order at the intersection. In
the event the Contractor has not taken over the matter within twelve(12.) hours
of notification the City reserves the right to carry out the correction
necessary or hire whomever it deems suitable to do so. The cost of all such
work shall be charged to the Contractor.
In the event of the failure of any module or installation, the warranty
on that unit or installation shall be extended for a period of three(3) months
after the initial warranty perio3. If further failures occur, further three(3)
month extensions will be provided until proper operation for a contiuous
period of three(3) months has been achieved.
Estimated Quantities
It is specifically pointed out that the quantities listed in the proposal
and specifications are estimates only and being given on a basis of comparison
of bids. The City of Cupertino does not agree that the actual amount of work
will correspond, but reserves the right to increase or decrease the amount of
any class or portion of the work, or to omit items or portions of the work
that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH
ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE
CONTRACT QUANTITIES WITH NO CHANGE IN UC!IT PRICE BID.
Item Description Est. Qty. Unit
1. Install Construction Signing One(1) L.S.
2. Traffic Signal Installation One(l) L.S.
3. Remove Existing Handicap Ramp 2 Each
4. Remove Curb & Cutter 25 L.F.
5. Install Handicap Ramp 3 Each
6. Remove Traffic Striping 977 L.F.
7. Remove Traffic Sign and Post 1 Each
8. Install Traffic Signs 10 Each
9. Install Traffic Striping Ci.., Detail 23C 420 L.F.
10. Install Traffic Striping State Detail 38 220 L.F.
11. Install Traffic Striping City Detail 39AC 400 L.F.
12. Install Painted 12. Inch White Traffic Striping300 L.F.
13. Install Painted Traffic Arrows 6 Each
14. Landscaping and Irrigation Modificat#_-~n One(1) L.S.
15. Install 4 Inch Y.C.C. Sidewalk 120 S.F.
16. Install Unmetered Service Equipment Enclosure 1 Each
17. Street Lighting Modification One(1) L.S.
18. Provide and Install 2" rigid Metal Conduit
and Conductors for Service One(1) L.S.
Explanation of Bid Items
BID ITEM No. I - INSTALL CONSTRUCTION SIGNING
This bid item shall include all costs for providing and installing
construction signing as shown or described on the Contract Plans. The base
material of construction area signs shall be metalic or a material approved by
the City's Traffic Engineer and the sign face material shall be reflective.
BID ITEM No. 2 - TRAFFIC SIGNAL INSTALLATION
Special Provisions page 3 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
This lump sum bid item shall include furnishing all labor, equipment,
tool, materials, incidentals and fees and utility charges nOcessary for the
installation of the traffic signal system at. NORTH TANTAU AVENUE and TANDEM
COMPUTER DRIVEWAYS, complete and in place and operating.
All work shall comply with the applicable provisions of the State of
California Standard Specifications dated January 1988 and the Standard Plans
dated January 1988.
Type 90 Controller Assembly
The Contractor shall provide a new traffic signal controller and cabinet
for the intersection of NORTH TANTAU AVENUE and TANDEM COMPUTER DRIVEWAYS in
accordance with Section 86-3.06 and Section 86-3.07 of the Standard
Specifications. The cabinet shall be type "P" .
The traffic signal controller shall be in accordance with Section 86-3 of
the Standard Specifications, and NEMA Standard Publications No. TS 1-1983 and
is designated as "Type 90 Function".
The traffic signal controller shall be equipped with multiplex and modem
features that permit 1200 BAUD, TDM-FSK, half-duplex operation over a single
wire pair. Operation is compatible with the Multisonics System VMS-220 Master.
Cabinet wiring shall be furnished at this time to permit system operation
through the interconnect cable. A voice communication system shall be
installed.
A traffic signal conflict monitor and wiring harness shall be provided
and installed. The conflict monitor stall conform to Section 6 of NEMA
Standard Publication TS-1-1983 and shall detect, among other things, the
absence of any required RED signal voltage at the field connection terminals
in the controller assembly.
The interconnect cable shall terminate inside the traffic signal
controller cabinet onto a splice terminal block, dedicated for the
interconnect cable and installed by the cabinet supplier. The number of
termination channels shall match the pairs of wire for the existing
interconnect cable.
The termination block shall consist of:
Square "D" terminal blocks
Miniature polypropylene blocks
Miniature mounting channels
Miniature channel clamps and end sections
The Contractor shall arrange to have a signal technician qualified to
work on the controller and employed by the controller manufacturer or its
representative present at the time the equipment is turned on.
Traffic Signal Cabinet Testing
Testing shall conform to the provisions in section 86-2.14 ,"Testing", of
the Standard Specifications.
The Contractor shall deliver the cabinet and/or controller to Signal
Special Provisions page 4 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
Maintenance, Inc, at 3395 Viso Court, Santa Clara. California, for. testing.
The functional testing shall be initiated only after all the equipment has
been delivered to Signal Maintenance, Inc. The functional testing shall be
conducted to conform to simulated field conditions, at the City's expense.
The Contractor, when notified by the Engineer, shall provide for pick-up
and delivery of the cabinet and/or controller to the site of the work at the
Contractor's expense.
Equipment List and Drawings
Equipment list and drawings of electrical equipment and material shall
conform to Section 86-1.03, "Equipment List ani Drawings," of the Standard
Specifications, and applicable Standard Plans.
The Contractor shall provide five(5) sets of the controller cabinet
schematic wiring diagram and intersection sketch which shall be combined into
one drawing, so that, when the cabinet door is fully open, the drawing is
oriented with the intersection. The intersection sketch shall show the
detectors identification as shown on the plans. Field wire connection
terminals shall include all detectors, pedestrian push buttons, Walk-Don' t
Walk signals, vehicular signal heads, and terminals provided for future
installation.
The Contractor shall furnish a maintenance manual for all controller
units, auxiliary equipment, vehicle detector sensor units, control units and
amplifiers. The maintenance manual and operation manual may be combined into
one manual. The maintenance manual or combined maintenance and operation
manual shall be submitted at the time the controller is delivered for testing
or, if ordered by the Engineer, previous to purchase. The maintenance manual
shall include, but need not be limited to, the following items:
a) Specifications
b) Design Characteristics
c) General Operation Theory
d) Function of all controls
e) Trouble shooting procedure (diagnostic routine)
f) Block circuit diagram
g) Geographical layout of components
h) Schematic diagrams
i) List of replaceable component parts with stock number
Signal Faces and Signal Heads
Signal faces, signal heads, and auxiliary equipment, as shown on the
plans, and installation thereof, shall conform to Section 86-4 "Traffic
Signals and Fittings," of the Standard Specifications.
Only metal signal sections with glass lenses shall be permitted to be
used on PROJECT 91-110. All lamps for the traffic signal units shall be
furnished by the Contractor.
Pedestrian Signals
Pedestrian signals shall conform to the provisions of Section 86-4.05 of
the Standard Specifications, and the Standard Plans. The message displayed
Special Provisions page 5 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
shall be an upraised hand and a walking person. The symbol dimensi,,.ts shall be
twelve(12) inches in height and seven(7) inches in width, M.U.T.C.D. (1978) ,
Section 4D-4.
Conversion of existing displays shall be accomplished by using thirty(30)
watt solid state neon blankout modular conversion kits, I.C.C. model E8, M8 or
approved equal. Each display will be a separate section or compartment in the
section with no light leakage between displays.
Photoelectric Control
Photoelectric unit shall conform to the provisions in Section 86-6.07,
"Photoelectric Controls," of the Standard Specifications.
Foundations
Foundations shall conform to Section 86-2.03, "Foundation," of the
Standard Specification.
Portland Cement Concrete shall conform to Section 90-10, "Minor
Concrete," of the Standard Specifications and shall contain not less than four
hundred seventy (470) pounds of cement per cubic yard, except concrete for
reinforced pile foundations shall contain not less than five hundred sixty
four(564) pounds of cement per cubic yard.
The Contractor shall noti%.-Jr Signal Maintenance Inc. for inspection of
foundation excavations, (408) 988-5541, forty-eight(48) hours prior to pouring
any cabinet or signal foundations relating to this project. Failure to do so
may result in rejection and removal of the foundations not inspected.
Standards, Steel Pedestals and Posts
Standards, Steel Pedestals and Posts shall conform to the provisions of
Section 86-2.04, "Standards, Steel Pedestals and Posts," of the Standard
Specifications, the Standard Plans and these Special Provisions. The
Contractor shall furnish all such equipment unless specifically indicated
otherwise herein or on the plans.
Pull Boxes
Pull boxes shall conform to Section 86-2.06, "Pull Boxes, " of tl-.e
Standard Specifications and the Standard Plans.
Bonding and Grounding
Bonding and grounding shall conform to Section 86-2.10, "Bonding and
Groundi�,,g," of the Standard Specifications. Grounding jumper shall be attached
by a 3/16 inch or larger brass bolt in the signal standard or controller
pedestal and shall run to the conduit, ground rod or bonding wire in the
adjacent pull box.
Equipment grounding conductors will not be required in conduits
containing loop lead-in cables only. The grounding jumper wire shall be
visible after the concrete cap has been poured for the controller cabinet
foundation.
Special Provisions page 6 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
Anchor bolts for Type 1-B standards shall be bonded together and to the
metallic conduit or to the bonding conductor in a non-metallic conduit. The
3/16 inch or larger bolt will not be required for Type 1-B standards.
In lieu of bonding all anchor bolts to the conduit, the controller
cabinet grounding bus shall be bonded to the conduit or equipment grounding
conductor by using a bare No. 8 copper wire.
Conductors and wiring
Conductors shall conform to the provisions in Sections 86-2.08,
"Conductors," 86-2.08A "Conductors Identification," and 86-2.08B "Multiple
Circuit Conductors," of the Standard Specifications. All splices in conductors
shall be insulated by "Method B".
Section 86-2.09A, "Circuitry", of the Standard Specifications is amended
to include:
All control circuit conductors shall be run continuously without splices
from a terminal block located in a cabinet, compartment, or signal head, to a
similarly located terminal block.
Luminaires
Luminaires shall conform to the provisions of Section 86-6.01 of the
Standard Specifications and to the Standard Plans. They shall be High Pressure
B<adium(HES), uu ts<, medium cutoff type with �{ ,� � �:E.�:, distribution
patterns. The specific wattages shall be as shown `on the plans.
Lighting Contactors
Lighting contactors shall be mercury displacement type conforming to the
functional and operational requirements of Section 86-6.07B(2) of the Standard
Specifications.
Flasher
Flasher shall conform to Section 86-3.08L, "Flasher," of the Standard
Specifications and the Standard Plans.
Painting
The painting of traffic signals, hardware, electrical equipment and
materials shall conform to the provisions of Section 86-2.16, "Painting", of
the Standard Specifications. All existing traffic signal equipment and
hardware to be reused shall be painted to match the new signals and hardware
provided.
Vehicle Detectors
Detectors shall conform to the provisions in Section 86-5.01,
"Detectors," of the Standard Specifications, and to the Standard Plans.
Installation shall conform to the requirements of Section 86-5.01A(5) ,
"Installation Details," of the Standard Specifications.
Where Type A detector loops are indicated on the plans, a six(6) foot
Special Provisions page 7 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
diameter circular loop may be installed in lieu of the shape shown on the
plans. The sides of the slot shall be vertical and the minimum radius of the
slot entering and leaving the circular part of the loop detector shall be one
and one-half(1 1/2) inches.
Where detectors are to be installed in an area that is to be resurfaced
with asphalt concrete(AC) or pavement slurry seal, the detector conductors
shall be placed in slots cut in the existing pavement and sealed in
conformance to the Standard Specifications prior to resurfacing.
The type of sealant shall be Hot-Melt Rubberized Asphalt Sealant. The
Hot-melt rubberized asphalt shall be solid form at room temperature and fluid
at an application temperature between 375 and 400 degrees F. Fumes from the
material shall be non-toxic. Sealant shall be suitable for use in both asphalt
concrete and Portland cement concrete.
Performance characteristics of the cured hot-melt rubberized asphalt
shall be as follows:
Cone Penetration, 77 degrees F. , 150g, 35 max.
5 sec. , 1/10 mm,(ASTM D3407)
Flow, 140 degrees F. mm 3.0 mm max.
(ASTM D3407)
Resilience, 77 degrees F. percent 30% min.
(ASTM D3407)
Softening Point 200 degree F. min.
(ASTM D36)
Ductility, 77 degrees F. 50 cm min.
(ASTM D113)
Mandrel Bend, 0 degree F. ,180 degree Pass
5 sec. , 1/2" dia. (Crafco Procedure)
Recommended Pour Temperature 380 degree F. or As
Specified
Safe Heating Temperature 410 degree F. or As
Specified
Asphalt Compatibility(ASTM D3407) Compatible
Brookfield Viscosity, 380 degree F. 30 Poise
(ASTM D3236)
Unit Weight at 60 degree F. 10.6 lbs/gallon
Coverage, 1/2" x 1/2" crack 13.8 lbs, per 100 ft.
The hot-melt rubberized asphalt shall be melted in E� jacketed, double
boiler type melting unit. Temperature of the heat transfer medium shall not
exceed 410 degrees F.
Application of the hot-melt sealant shall be made with a pressure feed
Special Provisions page 8 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
applicator. Sealant shall be applied when the pavement surface temperature is
greater than 40 degrees F.
Hot-melt sealant shall be packaged in containers clearly marked "Detector
Loop Sealant" and specifying the batch and lot number of the manufacturer.
Microloop Vehicle Detectors
Microloops shall consist of a cylindrical passive transducter of Earth's
vertical magnetic field. It transforms changes in magnetic field intensity
into inductance changes which can be sensed by loop detector sensors.
Microloop probes shall be located vertically in one (1) inch holes
sixteen(16) to twenty-four(24) inches below the roadway surface. Each probe
must have its own lead in cable into the first pull box. The lead-in cable
shall fit within a one-quarter (1/4) inch slot.
The microloop shall operate within a range of 0.2 to 1.0 oersted of
Earth's vertical magnetic field. Inductance per probe shall be 20 to 25
microhenries plus 20 microhenries per hundred (100) feet of lead-in cable.
Probe sets shall be available in single or multiple configurations with
specified probe separation and up to two hundred (200) feet of probe lead-in
cable.
The detector loop lead-in cable shall be spliced onto the loop conductors
using a rigid body re-enterable enclosure filled with moisture proof
encapsulant, 3M model 3800 splice kit or approved equal.
Bicycle Detectors and Sensors
Detectors shall conform to the provisions in Section 86-5, "Detectors,"
of the Standard Specifications, as well as the Standard Plans.
Type "B" lead-in cable shall be used and shall consist of two(2) Number
16 standard copper conductors. All loops shall be installed in series.
In lieu of the requirements in the fourth paragraph of Section 86-
5.01A(5) "Installation Details," of the Standard Specifications, slots in
asphalt concrete pavement shall be filled as follows:
After conductors are installed in the slot cut in the pavement, paint
binder shall be applied to all vertical surfaces of the slots in accordance
with the provisions in Section 94, "Asphalt Emulsions," of the Standard
Specifications. The slots shall be filled with asphaltic concrete sealant.
Temperature of sealant material during installation shall be above 70
degree F. Air temperature during installation shall be above 50 degree F.
Sealant placed in the slots shall be compacted by use of an eight (8) inch
diameter by 1/8 inch thick steel hand roller or other tool approved by the
Engineer. Compacted sealant shall be flush with the pavement surface. Minimum
conductor coverage shall be 5/8 inch. Excess sealant remaining after rolling
shall not be used. Traffic may be released immediately over compacting
material.
Where detectors are to be installed in an area that is to be resurfaced
with asphalt concrete(AC) or pavement slurry seal, the detector conductors
Special Provisions page 9 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
shall be placed in slots cut in the existing pavement and sealed in
conformance to the Standard Specifications prior to resurfacing.
The sensor units shall have timing functions and features as follows:
1. When the Sensor is used with a dedicated bicycle loop the sensor shall
provide a separate initial time for bicycle clearance.
2. Initial timing(0-31 seconds) .
3. Delay time(0-63 seconds) .
4. Extension time(0-15.75 seconds) .
5. Programmable max. presence time(0-930 seconds) .
6. Eight sensitivity levels.
7. Four loop frequencies.
8. Distinct flash rates are present on the front panel indicator during
delay, extension, gap, initial, and max. presence timing periods.
9. Loop fail monitor with latching fail indication on the front panel
indicator.
10. Complete low power c-mos digital design.
11. Any switch position change(except frequency) automatically resets the
detector.
Conduit and Installation
Conduits shall conform to the provisions in Section 86-2.05, "Conduits,"
of the Standard Specifications, as well as the Standard Plans. Non- neeollic
type conduit shall not be, used;.
"Installation of conduit shall conform to section 86-2.05C,
"Installation," of the Standard Specifications. Rigid metal conduit to be
installed shall not be used as a drilling or jacking rod.
At locations where conduit is to be installed by jacking or drilling as
provided in Section 86-2.05C, "Installation," of the Standard Specifications
and if delay to any vehicle exceeds five(5) minutes, the conduit may be
installed as follows:
Conduit shall be placed under existing pavement in a trench approximately
two(2) inches wider than the outside diameter of the conduit to be installed.
Trench width shall not exceed six(6) inches. Conduit depth shall be a minimum
of nine(9) inches below finish grade and shall not exceed twelve(12) inches or
conduit diameter plus ten(10) inches, whichever is greater. At pull boxes the
installed conduit shall be a minimum of nine(9) inches below finish grade.
The outline of all areas of pavement to be removed shall be cut to a
minimum depth of three(3) inches with an abrasive type saw or with a rock
cutting .excav8to;: specifleally designed for this purpose. Cuts shall be neat
and true with no shatter outside the removal area.
The conduit shall be placed in the bottom of the the trench and the
trench shall be backfilled with commercial quality concrete, containing not
less than five hundred sixty four(564) pounds of cement per cubic yard, to not
less than 0.20 foot below the pavement surface for asphalt surface roadways
and 0.50 foot below the pavement surface Portland Cement Concrete surfaced
roadways. The top 0.20 foot of asphalt surfaced roadways shall be backfilled
with the asphalt concrete produced from commercial quality paving asphalt and
aggregates, and the top 0.50 foot of Portland Cement. Calcium chloride shall
Special Provisions page 10 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
not be used in concrete which will be in contact with metal conduit.
Spreading and compacting of asphalt concrete shall be performed by any
method which will produce an asphalt concrete surfacing of uniform smoothness,
texture, and density.
BID ITEM No. 3 - REMOVE EXISTING HANDICAP RAMP
This item shall include all costs per each for the demolition, removal
and disposal of existing concrete handicap ramps, curbs, gutters, and concrete
flatwork including saw cutting.
BID ITEM No. 4 - CURB AND GUTTER REMOVAL
This item shall include all costs per lineal foot for demolition,
removal, and disposal of existing curb and gutter including saw cutting.
BID ITEM No. 5 - INSTALL HANDICAP RAMPS
This bid item shall include all costs per each for providing, placing,
and finishing handicap ramps Type A and B and concrete flatwork, curb, and
gutter in accordance with the City of Cupertino Standard Details, the limits
shown on the plans, and conforming to Sections 73-1.04 and 73-1.05 of the
Standard Specifications. Class B concrete shall be used and shall conform to
Section 90 of the Standard Specifications. The bid per each shall include but
not necessarily be limited to the following:
1. Install all required aggregate base material to a minimum thickness of
four(4) inches under the ramps, concrete flatwork, curbs and gutters, in
conformance with Section 26 of the Standard Specifications, as applicable.
2. Install all wood forms required for curbs, gutters or handicap ramps.
3. Install Portland Cement Concrete to a minimum thickness of four(4) inches
in sidewalk areas and six(6) inches in gutter areas, in conformance with
Section 90 of the Standard Specifications, as applicable.
BID ITEM No. 6 - REMOVE TRAFFIC STRIPING
This bid item shall include all costs for the removal of the existing
and/or conflicting painted striping shown on contract plans.
The striping shall be removed by sandblasting or other method approved by
the Engineer. The residue, including dust, shall be removed immediately after
contact between sand and the surface being treated. Such removal shall be by a
vacuum attached to and operating concurrently with the blast cleaning
operations.
Detail 33C(City Detail) 450 L.F.
Detail 39(State Detail) 257 L.F. (NB)
Detail 39(State Detail) 270 L.F. (SB)
Special Provisions page 11 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
BID ITEM No. 7 - REMOVE TRAFFIC SIGN AND POST
This item shall include all material, equipment, and labor to remove all
traffic signing, mounting hardware, and posts as shown on the plans.
BID ITEM No. 8 _ INSTALL TRAFFIC SIGNS
This item shall include all material, equipment, and labor to provide and
install all traffic signing as shown on the plans and in accordance with the
State of California Traffic Manual.
The signs shall conform to the State of California, Department of
Transportation, approved sign specifications sheets in effect and approved
January 1988 and its respective revisions to date.
The installation of the street and traffic signs shall include all work
and materials, including posts and mounting hardware necessary for
installation, complete, and in place. In the event that the size of the sign
is not given, the Contractor shall supply the "standard " size. "Minimum"
sizes are not acceptable.
BID ITEM No. 9 THROUGH 12 - INSTALL TRAFFIC STRIPING
This bid item shall include all costs for materials, equipment and labor
to install all striping, cat tracking or dribble, as shown on the plans in
accordance with Section 84 of the Standard Specifications and the State
Traffic Manual.
Control of alignment and layout of traffic stripes shall conform to the
provisions in section 84-1.02, "Traffic Stripes and Pavement Markings", of the
Standard Specifications.
Contractor shall be responsible for accurately locating the position of
all traffic lanes, arrows, and other markings in accordance with the plans by
cat tracking or dribble lines not later than two (2) hours after removal of
existing striping.
Prior to painting, the Contractor shall call for review and approval of
the proposed striping by the City's Traffic Engineer. The City shall have the
right to make changes in the location and alignment of the lane stripes and
pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangements to keep both foot and vehicular traffic away from the freshly
painted surfaces until paint is thoroughly dry.
BID ITEM No. 13 - INSTALL PAINTED TRAFFIC ARROWS
This bid item shall include all costs for materials, equipment and labor
to install all pavement arrows as shown on the plans in accordance with
Section 84 of the Standard Specifications an6 *he State Traffic Manual.
Contractor shall be responsible for accurately locating the position of
all arrows and other markings in accordance with the plans.
Any arrows installed prior to the installation of inductive loop
Special Provisions page 12 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
detectors will be re ected �y the Engineer. The rejected work will be
completely removed and reinstalled at the expense of the Contractor.
Prior to painting, the Contractor shall call for review and approval by
the City's Traffic Engineer. The City shall have the right to make changes in
the location and alignment of the pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangements to keep both foot and vehicular traffic away from the freshly
painted surfaces until paint is thoroughly dry.
BID ITEM No. 14 - LANDSCAPING AND IRRIGATION MODIFICATION
This bid item shall include all costs for providing, installing, and
maintaining all landscaping and irrigation during signal construction.
BID ITEM No. 15 - INSTALL 4 INCH P.C.C. SIDEWALK
This bid item shall include all costs per square foot for providing,
placing, and finishing concrete sidewalk including four(4) inch Class II,
three fourths(3/4) inch maximum aggregate base cushion and conforming to
Sections 73-1.04 and 73-1.07 of the Standard Specifications and as shown on
the plans. Class B Portland concrete shall be used and shall conform to
Section 90 of the Standard Specifications.
BID ITEM No. 16 _ INSTALL UNMETERED SERVICE EQUIPMENT ENCLOSURE
This bid item shall include all costs for providing, installing, and
connecting the Type III (disconnect) unmetered service equipment enclosure in
conformance with Section 86-2.11 of the Standard Specifications and the
Standard Plans.
The enclosure shall meet the requirements of the P.G. & E. , and shall
conform to Section 86-1.02, "Regulations and Code" of the Standard
Specifications. The enclosure sha?.l be factory pre-wired and tested to meet
NEMA 3R standards. A copy of the wiring diagram .for the integrated system
shall be enclosed in plastic and mounted inside the enclosure. Nameplates
shall be provided for each control component. The nameplates shall be
phenolic, red with white lettering. All nameplates shall be fastened in the
enclosure by screws.
Portland cement for the foundation shall conform to Section 90-10, "Minor
Concrete" of the Standard Specifications.
BID ITEM No. 17 - STREET LIGHT MODIFICATION
This bid item shall include all costs fcr providing and installing
No. 8 AWG conductors, all connections, #3 1/2 pull boxes, appurtenances and
any incidental work in accordance with the Standard Specification and the City
of Cupertino Standard Details.
Special Provisions page 13 of 14
®s.
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
BID ITE14 No. 18 - PROVIDE AND INSTALL 2" RIGID METAL CONDUIT AND CONDUCTORS
FOR SERVICE
This bid item shall include all costs for providing and installing
No. 4 AWG conductors, 2" rigid metal conduit, u 3 1/2 pull boxes,
appurtenances and any incidental work in conformance with Section 86 of the
Standard Specifications, the Standard Plans, and as shown on the plans.
During the course of the job, the City shall inform PG&E as to the
project progress. The Contractor may require entrance into the vault for the
mercury switch removal and service connection(120/240 volt) .
REVIEW AND APPROVAL SI22AYOS
Reviewed by: Re i
Travice W. Whitterr Ln M. Grigg
Assistant City Engineer Traffic Engineer
Approved by:
Be . Viskovich
Director of Public Works
Date: /Z -0//%:1;)
Special Provisions page 14 of 14
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on . 1990 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and [CONTRACTOR'S NAME] , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents(Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form) , referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
C. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-1.10.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2 . THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-
110, as called for, and in the manner designated in, and in strict conformity
with, the Plans and Specifications prepared by the Engineer and adopted by
CITY, which Plans and Specifications are entitled, respectively, TRAFFIC
SIGNAL INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS,
PROJECT 91-110, and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor,transportation and
materials shall be furnished, and that said work shall be performed and
completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR, but subject to the inspection and approval of CITY,
or its representative. CITY hereby designates as its representative for the
purpose of this Contract the Engineer, Mr. Bert J. Viskovich.
Contract Page 1 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
y
PROJECT 91-110
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full. payment for the work above agreed to be done, the sum of [CONTRACT
AMOUNT] , subject to additions and/or deductions as provided in the Contract
Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are °ieble to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shy ,stair. and bear all
expense for all necessary permits, licenses and easeme for '• ie construction
of the project, give all necessary notices, pay all T xe ._. i by law, and
comply with the laws, ordinances and regulations rwLor'tng to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
mint, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
bnit Prices bid, if applicable, the Standard Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the rip. to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
G.;ntract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, 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.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
parties, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If CONTRACTOR shall be delayed in the work by
the acts or neglect of CITY, or its employees, or those under it by contract
or otherwise, or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which CITY shall determine justifies the delay, then the time of
completion shall be extended accordingly. This paragraph does not exclude the
recovery of damages for delay by either party under other provisions in the
Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If COM RACTOR should be adjudged a
bankrupt, or should make a general assignment f the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRA_CTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will be entitled to substitute securities as
provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; (b) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to [CONTRACTOR'S NAME] ,
[CONTRACTOR'S ADDRESS] (CITY] , [STATE] fZIP] , postage prepaid and certified;
and (c) if notice is given to CONTRACTOR'S surety or any other person, either
by personal delivery thereof to CONTRACTOR'S surety or other person, or by
depositing same in the United States mails, enclosed in a sealed e-°.ivelope,
addressed to CONTRACTOR'S surety or person, as the case may be, at the address
of CONTRACTOR'S surety or the address of the person last communi.:ated by such
person 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, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever ill the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (inclucing employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused. by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the Unted States or by the Governor of the
State of California, or were cf a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, CITY shall not, in any
way or manner, be ans,Jerable or suffer loss, damage, expense or liability for
any loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-concractor or supplier in the project
which is the subject of this Contract, unless a Lasser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and th.it the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
r
21. ADDITIONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first herainabove written.
CITY OF CUPERTINO [CONTRACTOR'S NAME]
[CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
By: By
Mayor
Attest: Notary vcknowledgement is required.
City Clerk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: '1990
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney
Contract Amount: [CONTRACT AMOUNT]
Account Number:
Purchase Order Number:
Contract Page 6 of 6
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, [CONTRACTOR'S NAME] as Principal,
and a$ Surety,
(bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in
the sum of [CONTRACT AMOUNT] lawful money of the United States, for the
payment of which will and truly to be made, we bind ourselves, our heirs,
executors, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
,1990 with the Obligee to do and perform the following work
to-wit:
TRAFFIC SIGNAL INSTALLATION
NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS
PROJECT 91-110
NOW, THERFORE, 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 iv remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal
and Surety this day of , 1990.
(To be signed by Principal and Surety. Notary acknowledgments required)
[CONTRACTOR'S NAME]
[CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
Pi incipal
Surety
By:
Attorney-In-Fact
The above bond is accepted and approved this day of ,1990.
Faithful Performance Page 1 of 1
w
7
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and [CONTRACTOR'S
NAME] hereinafter designated as "Principal" have entered into or are about to
enter into a contract providing for the installation, construction, and
erection by Principal of TRAFFIC SIGNAL INSTALLATION NORTH TANTAU AVENUE at
TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, more particularly described in said
contract; and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the Surety on said bond shall pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, WE, [CONTRACTOR'S NAME] as Principal,
and as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and ?signs,
jointly and severally, unto the City of Cupertino, and any and all
materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract hereinabove mentioned, and incorporated herein by reference, and
all persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of [CONTRACT AMOUNT] .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, Drovisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or
any and all damages arising under the original contract,, then said Surety will
pay the same and also will pay in case suit is brought upon this bond, such
reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies,
ans corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Labor and Material Page 1 of 2
Labor and Material(continued)
PROJECT 91-110
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this day of , 19____
(To be signed by Principal and Surety. Notary acknowledgments required)
[CONTRACTOR'S NAME]
[CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
Principal
Surety
By:
Attorney-Ir_-Fact
The above bond is accepted and approved this day of '1990.
Labor and Material Page 2 of 2
BID DOCUMENTS(continued)
PROJECT 91-110
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the site, and examined all of the above documents. I, the undersigned,
hereby propose to do all work required to complete the project in accordance
with the Plans, Specifications and/or Special Provisions 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 or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary 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
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL INSTALLATION on NORTH TANTAU
AVENUE at TANDEM COMPUTER DRIVEWAYS; PROJECT 91-110 as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 9
BID DOCUMENTS(Continued)
PROJECT 91-110
TIME FOR COMPLETION
1. The traffic signal controller, cabinet, and appurtenances will be
delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for
testing on or before�_attc_}g S'0 , 19cj 11 .
2. Traffic signal poles and hardware will be delivered to the job site for
installation on or before �'o 19 91 .
3. The traffic signal system will be complete and operating on or
before A?V=` 30 19"511 .
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between JANUARY 2, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond
the dates established in this proposal for each and every portion of the
completion process.
ESTIMATED UQ ANTI.''IES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. ONE(1) L.S. Install Construction Signing:
s. Coo—
Dollars Lump Sum
2. ONE(I) L.S. Traffic Signal Installation:
$ 6 aoo —
Dollars Lump Sum �r
3. 2 Each Remove Existing Handicap Ramp:
SF-V*,l
$ /Ea $ ._
Dollars per Each
Proposal Page 2 of 9
BID DOCUMENTS(Continued)
PAOJ ECT 91-110
4. 25 L.F. Remove Curb and Gutter:
/LF
Dollars per Lineal Foot
5. 3 Each Install Handicap Ramp:
$—L—_/Ea $�
Dollars per Each
6. 977 L.F. Remove Traffic Striping:
Dollars per Lineal Foot
7. 1 Each Remove Traffic Sign and Post:
a ap 1-%usta-ry
-- $ /Ea
Dollars per Each
8, 10 Each Install Traffic Signs:
$ � /Ea $
Dollars per Each If
9 . 420 L.F. Install Traffic Striping City
Detail 23C:
$ Z ZS /LF $
Dollars per Lineal Foot
Proposal Page 3 of 9
91-003 TRAFFIC SIGNAL INSTALLATION 4 of 4
PROD. 91-110
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
BID ITEM No. 7 - REMOVE TRAFFIC SIGN AND POST
This item shall include all material, equipment, and labor to remove all
traffic signing, mounting hardware, and posts as shown on the plans.
BID ITEM No. 8 - INSTALL TRAFFIC SIGNS
This item shall include all material, equipment, and labor to provide and
install all traffic signing as shown on the plans and in accordance with the
State of California Traffic Manual.
The signs shall conform to the State of California, Department of
Transportation, approved sign specifications sheets in effect and approved
January 1988 and its respective revisions to date.
The installation of the street and traffic signs shall include all work
and materials, including posts and mounting hardware necessary for
installation, complete, and in place. In the event that the size of the sign
is not given, the Contractor shall supply the "standard " size. "Minimum"
sizes are not acceptable.
BID ITEM No. 9 THROUGH 12 - INSTALL TRAFFIC STRIPING
This bid item shall include all costs for materials, equipment and labor
to install all striping, cat tracking or dribble, as shown on the plans in
accordance with Section 84 of the Standard Specifications and the State
Traffic Manual.
Control of alignment and layout of traffic stripes shall conform to the
provisions in section 84-1.02, "Traffic Stripes and Pavement Markings" , of the
Standard Specifications.
Contractor shall be responsible for accurately locating the position of
all traffic lanes, arrows, and other markings in accordance with the plans by
cat tracking or dribble lines not later than two (2) hours after removal of
existing striping.
Prior to painting, the Contractor shall call for review and approval of
the proposed striping by the City's Traffic Engineer. The City shall have the
right to make changes in the location and alignment of the lane stripes and
pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangEments to keep both foot and vehicular traffic away from the freshly
painted surfaces until paint is thoroughly dry.
BID ITEM No. 13 - INSTALL PAINTED TRAFFIC ARROWS
This bid item shall include all costs for materials, equipment and labor
to install all pavement arrows as shown on the plans in accordance with
Section 84 of the Standard Specifications and the State Traffic Manual.
Contractor shall be responsible for accurately locating the position of
all arrows and other markings in accordance with the plans.
Any arrows installed prior to the installation of inductive loop
Special Provisions page 12 of 14
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
detectors will be re acted �y the Engineer. The rejected work will be
completely removed and reinstalled at the expense of the Contractor.
Prior to painting, the Contractor shall call for review and approval by
the Cit_y's Traffic Engineer. The City shall have the right to make changes in
the location and alignment of the pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangements to keep both foot and vehicular traffic away from the freshly
painted surfaces until paint is thoroughly dry.
BID ITEM No. 14 _ LANDSCAPING AAD IRRIGATION MODIFICATION
This bid item shall include all costs for providing, installing, and
maintaining all landscaping and irrigation during signal construction.
BID ITEM No. 15 - INSTALL 4 INCH P.C.C. SIDEWALK
This bid item shall include all costs per square foot for providing,
placing, and finishing concrete sidewalk including four(4) inch Class II,
three fourths(3/4) inch maximum aggregate base cushion and conforming to
Sections 73-1.04 and 73-1.07 of the Standard Specifications and as shown on
the plans. Class B Portland concrete shall be used and shall conform to
Section 90 of the Standard Specifications.
BID ITEM No. 16 _ INSTALL UNMETERED SERVICE EQUIPMENT ENCLOSURE
This bid item shall include all costs for providing, installing, and
connecting the Type III (disconnect) unmetered service equipment enclosure in
conformance with Section 86-2.11 of the Standard Specifications and the
Standard Plans.
The Enclosure shall meet the requirements of the P.G. & E. , and shall
conform co Section 86-1.02, "Regulations and Code" of the Standard
Specifi_ca+:ions. The enclosure shall be factory pre-wired and tested to meet
NEMA 3R standards. A copy of the wiring diagram for the integrated system
shall be enclosed in plastic and mounted inside the enclosure. Nameplates
shall be provided for each control component. The nameplates shall be
phenoliz, red with white lettering. All nameplates shall be fastened in thc
enclosure by screws.
Portland cement for the .foundation shall conform to Section 90-10, "Minor
Conerets" of the Standard Specifications.
BID ITEM No. 17 - STREET LIGHT_ MODIFICATION
This bid item shall include all costs for providing and installing
No. 8 AWG conductors, all connections, #3 1/2 pull boxes, appurtenances and
any incidental work in accordance with the Standard Specification and the City
of Cupertino Standard Details.
Special Provisions page 13 of 14
s
SPECIAL PROVISIONS(Continued)
PROJECT 91-110
BID ITEM No. 18 - PROVIDE AND INSTALL 2" RIGID METAL CONDUIT AND CONDUCTORS
FOR SERVICE
This bid item shall include all costs for providing and installing
No. 4 AWG conductors, 2" rigid metal conduit, # 3 1/2 pull boxes,
appurtenances and any incidental work in conformance with Section 85 of the
Standard Specifications, the Standard Plans, and as shown on the plans.
During the course of the job, the City shall inform PG&E as to the
project progress. The Contractor may require entrance into the vault for the
mercury switch removal and service connection(120/240 volt) .
REVIEW AND APPROVAL SIGNA S
Reviewed by: f�n:nMA--
Travice W. itte Grig
Assistant City Engineer Traffic Engineer
Approved by:
Be- . Viskovich
Director of Public Works
Date:
Special Provisions page 14 of 14
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on 1990 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and [CONTRACTOR'S NAME) , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents(Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form) , referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
C. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on NORTH
TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the oty.er, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS, PROJECT 91-
110, as called for, and in the manner designated in, and in strict conformiry
with, the Plans and Specifications prepared by the Engineer and adopted by
CITY, which Plans and Specifications are entitled, respectively, TRAFFIC
SIGNAL INSTALLATION on NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS,
PROJECT 91-110, and wni.ch Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor, transportation and
materials shall be furnished, and that said work shall be performed and
completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR: but subject to the inspection and approval of CITY,
or its representative. CITY hereby designates as its representative for the
purpose of this Contract the Engineer, Mr. Bert J. Viskovich.
Contract Page 1 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
3 CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full pry- ent for the work above agreed to be done, the sum of [CONTRACT
AHOUNT] , sui;ject- to additions and/or deductions as provided in the Contrac'
Documents, per Ev.',ibit A attached hereto.
4. DISPUTES P•,sRTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of a. y
c=xtra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with ::.he agreement of the parties, or in accordance with the rules
of the American Arbitration. Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required 'by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
F TRA OR ADDITIONAL WORK. ARID CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will by added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standard Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has beer_ awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, 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.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or codification,
shalt be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
parties, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If CONTRACTOR shall be delayed in the work by
the acts or neglect of CITY, or its employees, or those under it by contract
or otherwise, or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which CITY shall determine justifies the delay, then the time of
completion shall be extended accordingly. .This paragraph does not exclude the
recovery of damages for delay by either party under other provisions in the
Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon, the
expiration of said ten(10) days, cease end terminate. In the event of any such
termination, CITY shall immediately .ierve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days .from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withholG from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Cont:ract, CONTRACTOR will be entitled to substitute securities as
provided its Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; (b) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to [CONTRACTOR'S NAME] ,
(CONTRACTOR'S ADDRESS] [CITY] , [STATE] (ZIP] , postage prepaid and certified;
and (c) if notice is given to CONTRACTOR'S surety or any other person, either
by personal delivery thereof to CONTRACTOR'S surety or other person, or by
depositing same in the United States mails, enclosed in a sealed envelope,
addressed to CONTRACTOR'S surety or person, as the case may be, at the address
of CONTRACTOR'S surety or the address of the person last cormunicated by such
person to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neithcr the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the arLe
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Lia.i-.lity Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to '--e insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions 'before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any cSamage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site ,f the work sufficient
to have caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, CITY shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability for
any loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPeci_fications or any written
authorized deviations therefrom. it, cE-se of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
e
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 91-110
21. ADDITIcONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO [CONTRACTOR'S NAME]
[CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
By: By:
Mayor
Attest: Notary acknowledgement is required.
City Clerk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: '1990
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney
Contract Amount: [CONTRACT AMOUNT]
Account Nwnber:
Purchase Order Number:
Contract Page 6 of 6
B
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, [CONTRACTOR'S NAME) as Principal,
and _ as Surety,
(bonding company's name)
are held and firmly bound unto the amity of Cupertino, State of California, in
the sum of [CONTRACT AMOUNT) lawful money of the United States, for the
payment of which will and truly to be made, we bind ourselves, our heirs,
executors, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION of the foregoing obligation is such that,
WPEREAS, the Principal has entered into a contract with the City dated
?90 with the Obligee to do and perform the following work
to-wit:
TRAFFIC SIGNAL INSTALLATION
NORTH TANTAU AVENUE at TANDEM COMPUTER DRIVEWAYS
PROJECT 91-110
NOW, THERFORE, if the said principal shall well and truly perform the
work contracted to be performed under said contract, then this obligation
shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal
and Surety this day of , 1990.
(To be signed by Principal and Surety. Notary acknowledgments required)
[CONTRACTOR'S NAME]
[CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
Principal
Surety
By:
Attorney-In-Fact
The above bond is accepted and approved this day of ,1990.
Faithful Perfor-mance Page 1 of 1
i
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and [CONTRACTOR'S
NAME] hereinafter desi&T.iated as "Principal" have entered into or are about to
enter into a contract providing for the installation, construction, and
erection by Principal of TRAFFIC SIGNAL INSTALLATION NORTH TANTAU AVENUE at
TANDEM COMPUTER DRIVEWAYS, PROJECT 91-110, more particularly described in said
contract; and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the Surety on said bond shall pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, WE, [CONTRACTOR'S NAME] as Principal,
and as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns,
jointly and severally, unto the City of Cupertino, and any and all
materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract hereinabove mentioned, and incorporated herein by reference, and
all persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of [CONTRACT AMOUNT] .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or
any and all damages arising under the original contract, then said Surety will
pay the same and also will pay in case suit is brought upon this bond, such
reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies,
ans corporations entitled to file; claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Labor and Material Page 1 of 2
A Labor and Material(continued)
PROJECT 91-110
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall ir any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this day of , 19
(To be signed by Principal and Surety. Notary acknowledgments required)
[CONTRACTOR'S NAME]
(CONTRACTOR'S ADDRESS]
[CITY] , [STATE] [ZIP]
Principal
Surety
By:
Attorney-In-Fact
The above bond is accepted and approved this day of ,1990.
Labor and Material Page 2 of 2