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91-006 Handicapped Ramp Installation Proj. 91-9401 91-006 HANDICAPPED RAMP INSTALLATION 1 of 3 PROJ. 91-9401 i Ci*-q of Cuperti»® 10M Torre Avenue P.a. Brix 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252.4505 MarCh 8, 1991 Ambo Engineering, Inc. 34151 Zwissig Way Union City, CA 94587 CONTRACT FOR 'PUBLIC WORKS - HANDICAPPED RAMP INSTAT=ON - PRWECT 91-9401 We are enclosing to you for your files one (1) copy of the Contract for Public Works by and between the City of Cupertino and Ambo Engineering, Inc., which has been fully executed by City Officials. City Council awarded your contract at their regular meeting of February 19, 1991. Enclosed please find your bid bond. Sincexel , DORf.7M CORNELIUS CITY CLERK CITY OF CtUPERTINO DC/so encl. CONrRACr FUR PUBLIC WORKS CONTRACr made on FebrurAry 19, 1991 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and AMMO ENGINEERING, INC., hereinafter called the CONIRACMR. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUVOM. The complete contract consists of the following contract documents: A. Plans and Specifications for HANDICAP RAMP INSrALLATICN, PRW= 91-9401 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents campris ng 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. UM WORK. The Contractor agrees to furnish all of the tc^ls, equipment, aPparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of HANDICAP RAM INSrALLAMUN as called for, and in the manner designated in, and in strict eonfonaity with, the Plans and Specifications prepared by: Imo'. Beat J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, HANDICAP RAID INSDaLATION, Project 91-9401 and which Plans and Specifications are identified by the signatures of the parties to this Contract. 1 s It is understood and agreed that said tools, equipuent, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the irtion and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to Pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: TWENTY FOUR THOUSAND, 13iREE H[INDM SM Y DOLLARS AND N0 J 100 ($24,360.00) subject to additions and deductions as provided in the Contract Documents, per Md-dbi.t ►►A►► attached hereto. 4. DISPUM PERTAINING TO PAS FOR WORK. Should any dispute arise respecting the true malue of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the emit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordwioe with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PENS, COMPLIANCE WITH LAW. The Contractor shall, at his expertise, obtain all necessary permits and licenses, easements, etc. , for the construction of the proje&t, give all necessary notices, pay all fees required by law, and crisply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CfrY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specificaticns require work to be specially tested or approved, it shall not: be tested or covered tip without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, 4proval, or consent, it must, if required by the City, be uncovered for e,44amination at the Contractor's expense. 7. FxTRA OR ADDITIOML WOM AND CHMES. Should the City at any time during the progress of the work require any alterations, deviations, additions or emissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or del acted from, the mount of -the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Associatien if the parties are unable to agree. No e d ra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its govArning body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract soma shall be valid unless so ordered. 2 i 8. CHANGES To MEET MuMMENTRL REWJIPZVNM. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into copliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been aka d or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the aft of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERM4ATION, A UCKE 'S or MODIFICATIMS. This Contract may be terminated, amended or modified, with the mat:aal consent of the patties. The ccupensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COUMMON. All work under this Contract shall be completed: 25 WORKING DAYS If the contractor shall be delayed in the work by the acts or neglect- of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable c.3sualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does riot exclude the revery of damages for delay by either party under other provisions in the Contract Documents. 11. INS;)-=ON AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERM TION FOR HREACH, EPC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. 1'n the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving ?upon it of notice of termination does not give the City written notes. j3 of its, intention to take over and perform the Contract, Or does not commence mence performance thereof within thirty days from the date of 3 • the serving of such native, the City may take over the work and prosecute • the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CI3'Y'S RIGHT' TO WITHHOLD CERTAIN AMUMS AND HAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final voupletion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be *noessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amounL or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered z; a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good fait'.-- Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City's Notice to Contractors. 14. NOTICE AND SERVICE T MMF. 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 native, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Amager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 34151 ZWISSIG TAAY, UNION CITY, CA 94587 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by pers;cnal delivery to such surety or other person, or by depositing the sage in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or persons '_aE&- oommunicated by him to the party giving the notice, postage prepaid ana certified. 15. ASSIGNMr OF C ONTRAM Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 4 l 16. CCM IANCE ',r rM SPECIF'ICATIC NS OF WERIAIS. Whenever In the specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specificatia-z must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by contra--tor which is equal in all respects to the one specified. 17. CMnRAcr SDCatRm. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing materials, provisions, ,m render, or other supplies, used in, upon, for or about the performance of the wwk cm-ttracted to be done, or for performing any work or labor thereon of arty kind, and for the payment of am=,*s due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorneys fee to be fixed by the court in case suit is brought upon the bond. 18. INSURANCE,. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to eonmienae work on his subcont art until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability went extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WOMER I S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSCRA1-,TCE. The Contractor shall take out and maintain during the life of this Contract worker's Compensation Insurance and E1Vloyer's Liability Insurance for all of his employees employee at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's omqpensation Insurance grid Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Caritxactor. in signing- this Contract the Contractor makes the following certification, required by Section 1861 of the Labor code: 10I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for marker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will fly with such provisions before cmxnencing the performance of the work of this contract10. 5 i (b) LIMIIIT'Y WSLPMCE. The contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insuranoe as shall protect him and any sub=itractor performing work covered by this Contract from claim for property damage, including th rd-party property age, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are oamnonly known as the "X, C, and V1 exclusions (having to do with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly erployed by either of them and the amounts of such insurance shall be ads follows: Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including aeridental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident, and Property Damage Liability Insurance in an anount not less than $250,000.00. The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOID HARMLESS. The. Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or ems, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense: during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.. 20. HOURS OF WCW. Eight hours of labor during any one calendar day and forty hours of labor during any rm calendar weak shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that- no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours airing any one calendar week, except, as provided by Section 1815 of the Labor Cade of the State of California, work performed by employees of Contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight 6 hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporates herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one �alendar day and forty hours in any one calendar week in violation of the provisions of said sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work eonteMlated by this Contract, which record shall be open at all reasonable hours lot the inspection of the City of its officers or agents and to the Division of Labor Law Enfercerent of the Department of Industrial Relations of the State of California. 21. wAGE RATES. Pursuant to the Labor Code of the state of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the specifications and made a part hereof.. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours corked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be ,available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnishers upon request to a represcr,tt.Lve of the bogy awarding the �, r act, the Division of Labor Standards Ehforcenent and the Division of Apprenticroship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof rude, providers, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor 7 standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. (d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division o* Apprenticeship Standards or the Division of Iabor standards rya Enforcemen.. shall be marked or obliterated in such a mans as to prevent disclosure of an individual's name, address and social security number. The name and adds of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of mAxxoplianee with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must fly with this section. Should nonooWlianoe still be evident after such ten (10) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict cmWliance is effectuated. Upon the request of the Division of Apprenticeship Stardards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the cont--act stipulations to effeccuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime Contractor. (h) The director shall adopt rules consistent with. the California Public Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fess to be charged to reproducing copies of records required by this section. (Added by Stets. 1978, Ch. 1249) . 1775.5 Nothing in this Chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. 8 Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice age under Chapter 4 (ccwmicing with Section 3070) , Division 3, of the Tabor Code, are eligible to be euployed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agrements under which he is training. When the Contractor to whom the contract is awarded by the State or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apEwenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for certificate approving the Contractor or subcontractor under the apprenticeship standards for the mployment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship cmmnittee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or czmunittees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or suboor'ractor in order to rely with this section. There shall be an affix-,Ative duty upon the joint apprenticeship committee or c=maittees artunisteririg the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship camittees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be eployed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00) or twenty (20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. "Apprentieeable craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Coil. The joint apprenticeship committee shall have the discretion to grant a 9 certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the appr ntiosable -xaft or trade is replacing at least ore-thirtieth of its journeymen annually 'chrouch apprenticeship training, either (1) on a statewide ba.-is, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would crate a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which represents Contractors i.a a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship ommttees, provided they are already covered by the local apprenticeship standards. A Contractor to whom the contract is awarded, or any subcontractor under him, who, an performing any of the work, under the contract, employs journeymen or apprentices in any apprentioeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other Contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The Contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Fhforr event is authorized to enforce the payment of such contributions to the fund or funds as set forth in section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) 10 1777.6 It wall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a Contractor willfully fails to ocrp,. ly with the provisions of Section 1777.5, such Contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50,00) for each calendar day of nonocnplianee. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to became due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) . It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subr-mntractor under work done under this Contract by him or by any suboontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will prauptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a r mmmzn for such trade or occupation from the time of the initial employment of the person affected and daring the continuance of such enpl%ment. 11 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction cod shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PA)MENr. Payment will be made in accordance with the attached payment schedule. The City will make partial payment to the Contractor on the basis of a duly certified apprcmral estimate of the work performed and materials incorporated in the r=jecL, during the preceding calendar month, by the Contractor, but t'.ae City will, retain ten percent (10%) of the amount of each of said estirntes until the expiration of thirty-five (35) days from the date of re00rd1 g by the City of notice of acceptance of completion of all wcrk covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the wee shall become due and payable. In case the City's representative delivers the writing afore-said, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PRtYI'DG'I1CN OF PUBLIC UI'II1'T'IES. The City shall be responsible as between the parties to this Contract only, for the ramoval, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and. Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in 12 relocating cr repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract Pruject, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPCNSIBI= FOR UM WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to-the work caused by an Act of God. NEVEIMULESS, the Contractor shall, if th6 insurance premiums a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conf('rm with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contrac or will forthwith remedy such defects without cost to the City. 27. LJ_QU.IDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY DOLLARS ($150.00) for each and every calendar day during which said work stall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix be deduced by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. None 13 STATE OF CALIFORNIA On this.....Je1 T'........day of...�...... ....... .............in the year ss. ...............1 9.9 1..................................................before me, i COUNTY OF.......ALALIEDA........ ....DENISE..D....RAVAZZA..,a Notary Public,State of California, duly licensed and sworn,personally appeared.................................. ...............SANUEl..A...SROSETO......................................... ei personally known to me(or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as.....1?It1�SZAl♦NT.,... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a w + c' ,• aa; resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in theCITY., F,,iJN.I0N•.CITY,C unty of.................... This documents Only a general term w.hKt,may be proper for osa,n simpia ....I.........ALAM90A... ...,on the dat et 17 a ve in this certificate. transactions and,n no way its.a Is(mended to MI.as A substitute for adwe of an attorney The Droner does net make any warranty ertMr express or,m iad as to the legai vakddy of any prworon of the su,tadi,ty of ertse forms m any.rpecdt transartrpn Notary Publ t.ate of California Cowdery's Form No. 28—Acknowledgement to Notary Public— Corporation(C.C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires e P. O. No. IN WITNESS 6HMMF, the parties have executed this Cantracst, in duplicate, the clay and year first hereinabove written. CITY OF CUPERTIK) Approved as to farm Mayor: CAy Attarney `A r1 City Clerk: L G► r✓� � . Date/City Clerk: (WIRACIM: -4 BG ENGINEERING. INC. By: E TO Notary acknowledgment required. If a corporation, corporate seal arxd corporate ryntary acknowledgment required. Project Nam and Number: HANDICAP RAID INSM A` ION, PMJ= #91-9401 Contractor's Name: AMBO EWGINEERIM, INC. r Contractor's Address: 34151 ZWISSIG WAY, UNION CITY, CA 94M7 Contract Amai unt: TWBM RXM INDUSAND 7HREE H[NMUD SM'Y DOLLARS AMID NO/100 Contract Account Number: 120-9401-953 � 14 . 1 . 1991 CAPITAL IMPROVEMENr PAYMEW SSE QUANrr= C Ur OFTr DATE CIMC K FdMJEASE DATE FRIDAY 5:00 PM FRMAY JANUARY 11 JANUARY 25 FEBRIARY 8 F UlARY 22 MARCH 8 MARCH 22 APRIL 5 APRIL 19 MAY 3 MAY 17 MAY 31 JUNE 14 DUNE 28 JULY 12 JULY 26 AUGUSr 9 AUGUST 23 SF.PI MBER 6 SEP'rIIMBEt 20 OCICaM 4 OCMBER 18 NOVEMBER 1 NOVIIBER 15 NDVEMBER 29 DEXEMBE R 13 DE ER 27 15 MR e 441-Ft-AT BID PROPOSAL HANDICAP RAMP INSrAL.LATION PRO= 91-9401 TO THE DIRi•=OR OF PUBLIC WORKS, CITY OF CUPERI'INO, STATE OF CALIFORNIA In compliance with the Specifications furnished for Handicap Ramp Installation, Project 91-9401, I, the undersigned hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install handicap ramps as outlined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra compensation will be sought. All work will be done in a workmaruhip like manner and will meet or exceed the embodied requirements and/or the staixlards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis --or comparison of bids by the staff. The City reserves the riot to .increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineer. Bid Est.Qty. Item Unit_ Item Unit Price Total 1. 26 ea Remove curb, gutter and $$ _ sidewalk and construct handi- cap ramp complete fors&VEo C•:)llars/Each 2. 100 SF Remove and reconstruct sidewalk $� /SF/SF $ �p�S�• too liars/SF 3. 50 LF ReMOVe reconstruct curb and $,;2 . gutter E 1�U�.I Dollar r/ILF- �s �o ll 4. 110 SF Provide and install 2" asphalt $ 1 SF $ • c9ncrete overlay at island cuts �r_l '17p l.l�iis 5. 110 SF /Rer, e concrete flatwork $- 5F $ _ 'DOTAL I ' ' BID PROPOSAL PAGE 1 OF 6 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Dire ttor of Public works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check r bid bond the amount of $ 10?0 , as required by law and the Notice to Bidders. (lo% -of bid amount) BID PROPOSAL PAGE 2 OF 6 A. BID DOCUM,E M, Contimed BIDDER QUALIFICATION FORM in further acmplianee with the specifications furnished, the undersigned subits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? /S" yq^e 5 (2) How many years experience in work comparable with that required under the propoGed contract has your organization had by this or any other name? (3) Contractor's License No. L.IG Sr-3 U-C State of California, Classification C Y Expiration Date k-31-`f i (4) List work similar in character to that required in the primed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of work and for whom Performed Contract Amount A -m" C t fE iD BID PROPOSAL PAGE 3 OF 6 r7 Q L til U ti 16 L I DE%'1cB1LI1QN LJdQUK -it L P c,v " .F. lilt 000.Or r 1.)1-1 w I L 1. 1 ants Loading J)ocl, Mud I 9-114 -In I v. Ca I I f 1-4;,1 v i Land 1.1 11. 5- 000,0 r t cl 11 S t . Fla nd i c a P mocl I f I c a-t- I onE v c.... I e Y Vic. ToyLor 6 Al 2) 0 4 a 9 Univ. Calif Site Improvc-mc-1-it!r 130, 000.00 as above) e r C 0 1.)5:f r u c: V;..-j r i o u s C c)r,t ra c t s: 7001JO0.00 7 30 :'-'n d Perk,;-., Ley, CA r:,.)t-t I-I c. 1. La City of Union City L. I .D. .210 450, 000.00 Fj 1.v,:i v a d a NI lea: FA I(tip rovement s (.-)-F ursio.s.) city , CA Decoto Dif;t'rict Jim C)hrowtti 47 J. r t c.... Oa 1, 1 a c 1 0 'D 0 ...'o 'Llt:.k Lcroidon Oa I, I.a nd v,A I. 1'1 1 v p cp Cl k 1.ii-ci cl , C;a r--:t I f I -,-t a 0 L.3 y 4",.1....---*J.'a 0 .,.,afew.--oy Store:' Hoffman F-1-c!eWcily Dev. 300, 000.00 1-1 r,c.1 : f..c�n (),.,(5.'. R I c h ni o n d D I b u t C)a V I.aYid , CA Center a I nev Various ccmlvaci !, -r-_.-1 CC(har D Lvd t 0 grad I n ci , c.?r,(i I I-,e c c 430, 000.00 Nc_'vji..irk , Ca ing , asphalt , concrete 1:7 1-e(I Landsbery County of Alameda Street Improvements -175,000.00 399 E'Attihurst St . Rob i n/F i r Hayward , CA Paul Charles 670-5491 Islip r cwt lit to O'Do.00 I. 1, Dr I c- Evan,; Ave. Mai k 0-) Prillso, CA Fac i L i ty Dyi-cm WT L L iams 3 9-11 Cily cif M.71 (h I i.d.l Ave ,1 0 0 o..).0 0 4 5.,-, W e 5 t 0 1. e (I V e Median u-on Y v a k e E r)--I I e T Ci 2 h i i,it I:a 408) 7 0---6`4 219 C'o. of -'-'a n I is C L a r a Arai- i (.)it-,; Contracts 360, 000. 00 T i-a n s r?o i-- t a t i an Dus Stop Pavement I t5'-5'5 ft e r 9 us r r i v P San J050, CA Htlyh Hancock (403) City of Murphy station11 10-15* 000.00 We!;-t OLive Ave uflylyva I.e, CA R o-9 e r J v n k i n s (400) 730-74.2Y Washing tonVlo5pital Par kii-ig Lot/ 603, 000.00 O."')o Mowry Ave Box Culvert Cow truc-hcm F V G i iS,t is f i;(3 n Ai .r ccrr> . I.I e 1. 1 1.1 m Tr a n s f i L L 22 6'5' 0 0.00 'i 'j. N. cal. lfornia 1)(-.�P a i w A 1,1-1 tj A- C v c....k , Ca G c-,c)i--f?(? N it b 1.0- ','aola Ci.arrj courity Eastridge Transit Y84, 900.00 A(iency C(,,!n A-e r-1)r i v e r r, Ldintj/Pas5;eY)gcY- Sr.t '1h e L ters C A VI J a-,;-c I ii,ih Hancock 4 0%'.)/'21 99-25 9 1 Cily of Walnut Creek North Main Street n5, 0() 1666 North Main St Improvefilents Wa Li-iut Creek , CA Vic Ste i L V43-5000 City of Walnut Creek Ca L i fora i a/Newe I. k J. 100.00 (same as above) South Ma in Street City of Walnut Creek Crfc.-.k fk?autifi cat iori .4,03 6'-� 0 0 A. BID DO024arTS, Continued Name of Proposed SAA)-Contractors, if any (Section 4104, Gorretrment Code) 1. lrl n►c 2. 3. 4. 5. 6. Address if Sh or Office of Sub-Contractors (Section 41 , Gov�t Code) 1. 2. 3. 4. 5. 6. Work to be Performed by Sub-Contractors (Section 4104, Government Code) 1. 2. 3. 4. 5. 6. BID PROPOSAL PAGE 4 OF 6 `e A. BID DOCUMDTM, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CD-PAFaNMSH1P, STATE THE Fm NAME AND LIST ;HE NAMES OF ALL INDIVIDUAL CO-PARINERS COM OSIM THE F . IF A CORPORATION, STATE LEDAL NAME OF CORPORATION, ALSO NAMES OF PRESIDENT, SMX ErARY-TRFASURFR AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. THE INFORMATION a=AINED IN IRIS BID IS BEIWj NAVE UNDER PFNAL3Y OF PEPJUW. TYPE OF BUSINESS: Individual: co- Corporation -4KBO ENr,-TNFF.PTArC,., TNC Joint Venture Other (Describe) Name and Signature of Bidder: 11MUEL 11. SPOSETO int) (Si tore Address (Both mailing and loca ion addresses) : TTnTTnN r 1TY r` ? fl_'-_�, � Telephone Number: Date: 2 4= I Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 NONCOLLUSION AF FIDAVT^ TO BE EKTVJrM BY BIDDER AND SUBMI=1 WMi BID State of California ss. County of n LA r'r DA being first duly sworn, deposes and says that he or she is cS 'nc. P-r of _ the party making the foregoinq bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, coffpany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 small refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, eonwrninication, or conference with anyone to fix the bid prig of the bidder or any other biddy, or to fix any overhead, profit, or cost element of the bid pride, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, conpany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: S11111UEI, A SPOSETO 1.R',.;IDEArr (print) (Signat e) Date: �- 1 BID PROPOSAL PAGE 6 OF 6 The Ohio CasualtyInsurance Company HAMILTON. OMO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, AMBO ENGINLERING, INC. (A CALIFORNIA CORPORATION) (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed t* do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY UN CUPERTINO (hereinafter called the Obligee) in the penal sum of TEN PER CENT OF THE AMOUNT BID ------- ----------------------------------------------------•----- Dollars. (s 10%-------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we,bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal_ has submitted the accompanying bid, dated FEBRUARY 12 19 91 , for HANDICAP RAMP INSTALLATION PROJECT 91-9401 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award. or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly_arisin�bY�cason_uf__ STATE OF CALIFORNIA ) SS. COUNTY OF CONTRA COSTA ) On FFRgUARy_j2,_I I before me,a Notary Public, personally appeared _,__ B. F. EASTMAN--_.--- — -- personally known to me(or proved to me on the basis of satisfactory evidence), to be the person whose name is subscribed to this instrument as attorney-in-fact THE OHIO CASUALTY INSURANCE COMPANY of and acknowledged.to me that he (she) subscribed.the-Corporal ton named thereto as Surety and his (her) own name as attorney-in-fact. ' �/- 94*0 rNOTARY PUBLIC' �O j Sad 5 00CThe Ohio Casualty Insurance Company i "MTON. Otfio BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, AMBO ENGINEERING, INC. (A CALIFORNIA CORPORATION) (hereinafter called the Principal) as Principal, and THE.OHIO CASUALTY INSURANCE• COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY UF CUPERTINO (hereinafter called the Obligee) in the penal sum of TEN PER CENT OF THE AMOUNT BID ------- --------------------------------------------------------- Dollars ($ 10%-------- ) lawful money of the United States, for the payment of which sum wail and truly to be made, we bind ourselves, our heirs, :cecutors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated FEBRUARY 12 19 91 , for HANDICAP RAMP INSTALLATION PROJECT 91-9401 NOW, THEREFORE, if the Obligee shall mace any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising, by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. 12th FEBRUARY 91 Signed, Sea.d and Dated this. . . . .. day of ....... 19 A CINEERING,INC. eio.0 By ............................. ..... ............ THE y.1.0 C�kSUAL'I~Y- COMPANY V B. By EA57MA- ----- y�O�p q.iA•F�CI` 3-111•Rev. CEl� r= COPY OF POVZR OF Al > Y ltGM e9/o HAl ILTON. GWO No. 15-485 xwo An jam bg That THE OHIO CASUALTY mmAmm COMPANY. in persons" of authority grouted by Article VL Ucu*a f -! the By-Lava of said CompasT do"hereby nominate. eoastituts and appoint# I-ouis H. Gibbs, Walter F. MerKl e, Jahn R. Fischer, Cordon W. Richards or B. F. Eastman - - - - - - - - �° Walnut Creek, California - its true and lawful agvat sad attorney -in-foci, to me" *%*cute, seal and deliver for and an its behalf as surety. and as its act and deed say sad all BONDS. UNDERTAKINCA said RECOGNIZANCE& not exceeding to say(Qa�iogle instance asc7udinf 16�teoi�.Nr.ow Imottd a or uodoetal[i o - - - - - -peymetit of notes aod'in�00 interest tbJ �a - ? DoUara y ( ) ng( ) guaranteeing the And the executies of such.beads or undertakinge in pursuance of these presents, shall be as binding upon mad Compaaj. as fully and amply. to all intents and purposes. are if they had been duly executed sad ackoin 'a od by the reguhuly elected officers of the Company at its office in Hamilton. Ohio. in their own proper persons. The authority grouted hereunder supersed« any previous authority heretofore granted the above named attoroey(s)-in-fact. arts in WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty o►\iL.. .•i� Insurance Company has hereunto subscribed ease and efhxod the Corp to Sad of the v' ;g said The Ohio Casualty Insurance Coal., R 24th s of Ju 19 78. SEA pL is 4sst.Vice Preside STATE OF OHIO. ( SS. COUNTY OF BUTLER on two 24th day of July A. D. 19 78 before the oub*cribse,a Notary Public of the State of Ohio. is and for the County of Butler, duly commissioned and qualified. came Richa�rdkT. Hoff nfe®4elkePl�S. ��E&� of THE OHIO CASUALTY INSURANCE COMPANY, to ate ereona y oowa o fie"Ytee iedls'i�tlt 1 a sand who executed the precedinginoerament. and be ae4norr• edged the execution of the &sine. and being by tree duly sworn deposeth and saith. that he is the officer of the Cosipoay aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company.and the said Corporate Seal and his signature so otfiear were duly affixed and subscribed to the said instrument by Rho authority and direction of the yid Cas•pontis+a. W TESTIMONY WFIEREOF. I have hereunto met my hand and affixed my Official es tier Seal at the City of Hamilton.State of Ohio. the �ay and yeyear rfirst above written. 9 '• Notary Public in and far p 61 cat or, state oP Ohie � c 4 ®i rortt My commission expir .... This power of attorney is granted under and by authority of Article VI.Section 7 of the By-I.&we of the Company,adopted by its directors on April 2. 1954. extracts from which reed: "ARTICLE VI" "Section 7. Appoiatsaest of Attorney-in-Fact. ate. The chairmen of the board, the president, any vice-president, the aecretery or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorney.-in•fact for the purpose of signing the nome of the Company se surety to, and to execute. attach the corporate seal. acknowledge and deliver any and all bonds. reeognirances. 3upulations, undertakings or other instruments of ou►etyship and policies of insurance to be given in favor el any individual, firm. corporation, at the official representative thereof, or to any county or state, or any official beard or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as outl.orixed by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-lows to appoint attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the reel of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby ednt.ted by the Company as original sege.stures and seal. to be valid and binding upon the Company with the some force and effect as though manually affixed." CERTIFICATE 1. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company. do hereby certify that the foregoing power of attorney. Article VI Section 7 of the by-Iowa of the Company and the above Resolution of its Board of Director*aro true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF. I have hereunto sat my hand and the seat of the Company this 12th day of FEB A.D.. 19 91 SEAL 1: • Is n �. Assistant Secretory 3•eJt7u•c tt•su•�fe CITY OF CUPERTINO INTERDEPARTMENTAL. Date _Feb. 28, 1991 To CITY CLERK From PUBLIC WORKS (SUMI) CI Information MESSAGE: HANDICAP RAMP INSTALLATION PROJECT 91-9401 (CC 2/19/91) C! Implement 1. THREE SETS OF CONTRACT FOR PROCESSING. CI Investigate Ci Discuss 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR 110 it See me. Reply MATERIAL BOND The Ohio Casualty Insurance Company Bond No. 2-938-332 3. CERTIFICATE OF INSURANCE 2/22/91. sm Reply: AMBO ENGINEERING INC. 34151 Zwissig Way SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply e8M DATE(MMODWYY) 2/22/91 gm rR. ESTN@ IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEPS Fischer & C o. N R!G S UPO THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMENC, 1655 W. pia i n Street, Suite 360AMBONaff&JER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. O. Box 8101 COMPANIES AFFORDING COVERAGE Walnut Creek, Co. P4596-8101 COMPA CODE SUB-CODE LETTER Y ANEW HAMPSHIRE INSURANCE CO LETTER COMPANY MURED NEW HAMPSHIRE INSURANCE CO COMPANY Ambo Engineerings Inc. LETTER C 34151 Zw i s s i g Way COMPANY Union City CA 94587 LMER D REPUBLIC INDEMNITY COMPANY COMPANY E LETTER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LTR DATE(MMIDDIYY) DATE(MMIDD/YY) ALL LIMITS IN THOUSANDS A GENERAL LIABILITY CDO9691508 1/08/91 1/08/92 GENERAL AGGREGATE S 2000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE S 1 000 CLAIMS MAUE X OCCUR. PERSONAL S ADVERTISING INJURY $ 1000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000 FIRE DAMAGE(Any one lire) $ 50 MEDICAL EXPENSE(Any one person) $ 5 B'AUTOMOBILE LIABILITY CP09968592 1/08/91 1/08/92 COMBINED SINGLE S X ANY AUTO LIMIT 1000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABI,ITV PROPERTY DAMAGE $ (} EXCESS LIABILITY EACH AGGREGATE OCCURRENCE 111 S $ OTHER THAN UMBRELLA FORM `# D WORKER'S COMPENSATION PC999386 10/01/90 10/01/91 STATUTORY $ 2000 (EACH ACCIDENT) AND $ 2000 (DISEASE—POLICY LIMIT) ) EMPLOYERS'LIABILITY $ 2000 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLEMESTRICTIONS/SPECIAL ITEMS Job: Handicap Ramp Installation Project#91-9401, File No. 98, 525 77777,777777 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Cupertino `< LEFT, 10300 Torro Avenue Cupertino, CA 95014 AUTH0 en i3u -. F. Eastman a� 20— 9 POLICY NUMBER: CD09691408 COMMERC;AL GENERAL LIABILITY A THIS ENDORSEMENT CHANGES THE PGLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CCNTRACTORS (FORM B) This indorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PANT. JOB: HANDICAP RAMP INSTALLATION SC;IEDULE PROJECT #91-9401 Na'rne•of Person or Organization: FILE #98 , 5 2 5 CITY OF CUPERTINO, IT' S OFFICERS AND IT' S EMPLOYEES (if no entry appears above,information required to ccrnciete this endorsement will be shows in the Declarations as applicable to this endorsement.) N/HO it AN INSURED (Section 11)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. C i ZO 10 1185 Copyright. Insurance Services Office. Inc_. 1984 Cl . ..'w'L J..+..•�+�+e-��..� -.ems�..e .. - STATE OF CALIFORNIA On this......� � '`� ........day of................�.`�'.............in the year ALAMEDA ss. 1991..................................................before me, COUNTY OF...................... . . ... .. ,......DENI S.E.A...RAVAZZA..,a Notory Public,State of California, duly licensed and sworn,personally appeared.................................. ...... ..I—,SAMIJELr..A....SPOSETO........................................, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as....-PRESIDENT ..... DENISE D. RAVAZ'A NOTARY PUBLIC-CALIFORNIA e or on behalf of the corporation therein named and acknowledged to me that ALAMEDA COUNTY such corporation executed the within instrument pursuant to its by-laws or a My Comm.Exp.Aug.29.1993 resolution of its board of directors. ®ouas••�ucaeeaierseas�aacoasooaceas:ass- �ircz® IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in theCLTY..�O'FNION..CITY.,County of.................... This dmument is omy a gemeal term which may be proper to,uue in s,mo ALAPIEDA.... nthedates�Obov=ein�th�is certificate. and in no way acts or is mtenoed to act as a substitute fc,the aa—m an attorney The pnmef doea not make any warranty Anne,e,pr or Impiad as to Itie / � 109a(Valality or any provision or the sueat»Lfy of thew forms:o any specific transaction t. o of California Cowdery's Firm No. 'L8—Acknowledgement to PJotary Pi: Notary Public, Corporation (C. C. Secs. 1190-1.190.1)—(Rev. 1 Aa) My commission expires STATE OF CALIFORNIA ) } ss. COUNTY OF CONTRA COSTA ) On FEBRUARY 19, 1991 T, before me,a Notary Public, B.F. EASTMAN personally appeared personally known to me (or proved to me on the basis of satisfactory evidence). to be the person whose name is subscribed to this instrument as attorney-in-fact of THE OHIO CASUALTY INSURANCE COMPANY and acknowledged to me that he (she) subscribed the corporation naTed thereto-as Surety and his (her) own name as attorney-in-fact. NOTARY PUBLIC . BOND #2-938-332 FAITHFUI. P1.11NORMANCf B ZI1 , c10.80 ifa 2.63.00 FEB 2 ;9 KNOW ALL 14EN HY THESE PRESENTS: �� THAT WE, AMRO ENGINEERIAM,BMIGINEERING as Principal and THE OHIO CASUALTY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of TWENTY FOUR THOUSAND THREE HUNDRED SIXTY ONE*******************$i)oll,ar.s ($ 24,361.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind oursrlvcs, our Heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITTON of the above obligation is such that, WHEREAS, the Principal ban entered into a contract dated FEBRUARY 19, 1991 with the Obligee to do and perform the following work to-wit : HANDICAP RAMP INSTALLATION PROJECT 91-9401 r n1W, THEREFORE, if the said Principal shall well and truly perform the work contracted Ln be performed under said contract, t-her, this obligation shall be. void; otherwise to remain in full force and effect. IN WITNESS WHEREOV, this instruwent has been duly executed by the Principal and Surety this 19th day of FEBRUARY 19 91 (To be signed by Principal and Surety and acknowledgment. ) AMBO ENGINEERING, INC. PrincipalSjlbil PRE,'�MENT THE OHIO CASUALTY INSURANCE COMPANY `surety By, _ Attorney-in- F ct B.F: EASTMAN The above band is acce;sted and approved this _—day of 19 �R COPY OF POVTR OF ATTORNEY TRE OH110 CASUALTY INSURANCE COMPANY ROOM OMCIL HAMIJUrO i, O110 No. 15-48 5 Kum AU Am 6y $6tfir f rfia abt That THE OHIO CASUALTY INSURANCE COMPANY. in puranaaee of anth.�-ity Created by Article V Section 7 of the By-Laws of amid Company does hereby nominate, conaitute and appoints Louis H. Gibbs, Walter F. Merkle, John R. Fisher, of Walnut Creek, California - Gordon W. Richards or B. F. Eastman - its true and lawful agent and attorney, -in-fact. to snake, execute. sea] and deliver for and on its behalf as surety. end as its act and deed any and all BONDS. UNDERTAKINGS. and RECOGNIZANCES, not exceeding in any single instance FIVE MILLION - - - - - - - - - - - - - - - - - - - -- - - - (s 5,0 0 0,0 0 0.0 0 - -) D o ua r a, excluding, however, any bond(*) or undertaking(*) gusrsntoeing the payment of notes and interest thereon And the execution of such Londe or undertakings in pursuance of these presents. *hall be as binding upon said company. as fully and amply, to all intents and purposes, as if they had been duly executed and acknowlodged by the roguLrly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. T-he authority granted hereunder supersedes any previous authority heretofore granted the abova named attorney(,)-in-fact In WITNESS WHEREOF, the undersigned, officer of the maid no Ohio Casualty ter Insurance Company has hereunto subscribed ame and affixed the Corp to Seal of the ' C said The Ohfo Casualty lasureace Comp t s 24th Y of 1 19 78. SEAL \447061 S STATE OF OHIO, t Asst. Vice Presi COUNTY OF BUTLER J SS' On this 24th day of July A. D. 19 78 before the subscriber, a Notary Public of the State of Ohio. in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Asst. Vice President of THE OHIO CASUALTY INSURANCE COMPANY. to me personally known to be the individual and officer described in, and who executed the preceding instrument, and be acknow- ledged the execution of the same, and being by me duly sworn leposeth and anith, that he is the officer of the Company aforesaid, and that the meal affixed to the preceding instrument is the Corporate Seal of said Company, and the&aid Corporate S:al and his signature so officer were duly affsted and subscribed to the said instrument by the authority and direction of the said Corporation. oettretttua IN TESTIMONY WHEREOF. I have hereunto set my band and affixed may Offieial ,s�Nu=.lte� Seal at the City of Hamilton. State of Ohio, the day and year first above written. Notary Public in and for my of cat er, State of Ohio December 11 , i 981 MYCommission ezptr ......................... This power of attorney is ranted under and 6 authority of Article VI, Section 7 of the B Laws of the Company, p y g y y y- p y, adopted by its directors on April 2, 1954. extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company an surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance*, stipulation&, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any bounty or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- dwision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the aignature of any 9fficer of the Company authorized by Article V1 Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company es origA_al aignature• and seal. to be valid and binding upon the Company with the same force and effect as though, manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article Vl Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the Company this 19th day of FEB A.D.. 19 91 SEAL I° s a•tii��• �! Assistant Secretory S-4300-c t 2.90-3 a e LABOR AND hWTERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino. State of California, and _ AMBO ENGINEERING, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said eontrzct; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and THE OHIO CASUALTY INSURANCE. COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmec., persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of TWENTY FOUR THOUSAND THREE HUNDRED SIXTY ONE DOLLARS ($ 24,361 . )0 . 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 ray in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so an to give a right of action to them or their assigns in any suit brought upon this bond. �� t,�l o .....,in the year STATE OF CALIFORNIA On this... ..,�...........day of.................... ..... . ss. ....1,991...................................................before me, COUNTY OF......ALAMEDA... ..... ..,..,.....2I.SE•.L. FeAVAZZA....,a Notary Public,State of California, duly licensed and sworn,personally appeared.................................. SAMUEI.,.A.•-SPOSU.0.......................................... personally known to me(or proved to me on the basis of satisfactory evidcace) to be the person who executed the within instrument as....PRESIDENT DEVISE D. RAVAZZA NOTARY PLQLIG-CALiFf)hN A or on behalf of the corporation therein named and acknowledged to me that J ALAMEDA COUNTY e such corporation executed the within instrument pursuant to its by-laws or a m,y Comm.Exp.Atig.29,1993 resolution of its board of directors. Boom ssuaeaevuauu�esca,arcau��u�e >>au� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in thPTY OF UNION CITY County of................... This�,,,nen,�enn aye,.�.a„o�,wh,rn,nayoep,�e,,a,�sa,ns„no,e ALAMEDA ,•,,. ,on the da se rth above in this certificate. eansd[ to and in ro way acts.o+is,n7e h rn b att as r s t uM in to Me ''"'.'''' .'. advice 0 mr artnimy The pnnfer does not make anv warranty either express of i plwd as to the � _ w%w yahwv of any ptOVrsIM or be sO.W'Tv a It*-7orms'n any sp-,ft iransao— Notary P ic, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public--- Corporation(C. C. Secs. 1190-1190.1)—fRev. V83) My commission expires_ • . Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any arise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 19th day of FEBRUARY , 19 91 AMBO ENGINEERING, INC. (To be signed by Principal PrincipalSs L A. SPOSETO 'and Surety. Notary PRESLDEA7 • acknowledgments required.) THE OHIO CASUALTY INSURANCE COMPANY Surety By �: i Attori - n-Fact' B.F. EASTMAN The above bond is accepted and approved this day of 19 STATE OF CALIFORNIA ) } SS. COUNTY OF CONTRA COSTA ) FEBRUARY 19, 1991 On _ __�_—____�.______ .. before me,a Notary Public, personally appeared B.F. EASTMAN personally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose name is subscribed to this instrument as attorney-in-fact Of THE OHIO CASUALTY INSURANCE COMPANY and acknowledged to me that he(sbe),sUbSeribold,the corporatiUn named Ihereto as-ftrety and his (her) own name as attorney-in-fact. / NOTARY(PUBLIC i (� The Ohio Casualty Insurance Company HAMILTON. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, AMBO ENGINEERING, INC. (A CALIFORNIA CORPORATION) (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF CUPERTINO (hereinafter called the Obligee) in the penal sum of TEN PER CENT OF THE AMOUNT BID ------- --------------------------------------------------------- Dollars ($ 107--------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated FEBRUARY 12 19 91 , for HANDICAP RAMP INSTALLATION PROJECT 91-9401 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of STATE OF CALIFORNIA ) SS. COUNTY OF CONTRA COSTA ) On ___ __ EFERLIARY 12�_ before me,a Notary Public, personally appeared B. F. EASTMAN — -- — — personally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose name is subscribed to this instrument as attorney-i.1-fact of THE OHIO CASUALTY INSURANCE COMPANY — and acknowledgedio me that he(she) subscribed the corporation named thereto as Surety and his (her) own name as attorney-in-fact. ` NOTARY PUBLIC I U M I D COPY OF PO OF ATTORNEY OMO VALTY INSVRANCE Cs®MPA" 1" am= 1/4itts.Tam 0100 No. 15-485 frnwalit That THE OHIO CASUALTY INSURANCE COMPANY. In parsons" of suthorfty gmatsd by Atnsele V Section 7 of the By-Lawa of said Company doss hereby nomi"te, constitute and appows Louis H. Gibbs, Walter F. Merkle, John R. Fischer, Cordon W. Richards or B. F. Eastman - - - - '� Walnut Creek, California - its !rite and Is%" seam and attorney -in-fact. to make, execute, seal and deliver for and on its behalf as snrety. and as its act end deed any a"all BONDS, UNDERTAKINGS. and RECOGNIZANCES. not exceeding in any single instance FIVE MILLION - - (a interest to.oO - ) �� es ag. owwor. any bead(o) or undertaking(s) guaranteeing the payment of notes • interest t arson And the execution of such bonds or undertakings in pursuance of these presents, shall be se bindin np n said C:ompan7. as fully and amply. to all intents and purposes, as if they had been duly executed and acknawla�ged oby the regulaab elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(e)-in-faeL In WITNESS WHF.RE017. the undersigned, officer of the said The Ohio Casualty Insurance Company has acreunto subscribed amet and affixed the Corp to Steal of the said The Ohio Casualty Insurance Comp t 24th 7 of Ju 19 78. SEAL j@ sst. Vice Preside STATE OF OHIO. t S& COUNTY OF BUTLER On this 24th day of July A. D. 19 78 before the subscriber. a Notary public of the State of Ohio, in and for the County of Butler. duly commissioned and qualified. came Rich T. F�of f pp i�'�77 �y rpC rlpnra�� of THE OHIO CASUALTY INSURANCE COMPANY. to me pparsons y mown o be �'Imdls�r� a9 aba1fb76cP!i7Es�FICbtf in, and who executed the preceding instrument, and he acknow- ledged the execution of the same. and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal end his signature as officer ware duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. �y,peut IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Ax,wt if Seal at the City of Hamilton. State of Ohio, the sy and year first above written. Notary Public in and for sty of• ut or. State off O�� ....... rar My Commission expir Qf'.G ftk 1 j l9$1 This power of attorney is granted under and by authority of Article VI. Section 7 of the By-Laws of the Company.adopted by its directors on April 2. 1954. extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president. the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal. acknowledge and deliver any and all bonds, reeognirances, stipulations, undertakings or other instruments of suretyship and policies of insurance to bo given in favor of any individual, farm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state• or the United States of Amoriu. or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorised by Article VI Section 7 of the by-laws to appoint attorneys in fact, the eignature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney. Artic T VI Section 7 of the by-lows of the Company and the above Resolution of its Board of Directors ars true and correct copies and sre in full force and effect on this date. IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this 12th day of FEB A.D.. 19 91 ylo!9Jr�,_ i SEAL j= s y�• a i Assistonr Secretory a e ' BID PROPOSAL HANDICAP RAMP IrMUYATION PRD3ECr 91-9401 TO THE DIREC3t7R OF PUBLIC WC W, CITY OF CUPF.,UMO, SME OF CALIFORM In c cupliaraoe with the Specifications furnished for Handicap Ram Installation, Project 91-9401, I, the undersigned hereby declare that I have read the dal requirements and hereby pie to do all work required to couplete the said work in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install hacniicap rams as outlined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra cmVensation will be sought. All work will be done in a workmanship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. 'ibe undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for ccaparison of bids by the staff. The City reserves the right to increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineer. Bid Est.Qty. Item Unit Item Unit Price Total 1. 26 ea Remove curb, gutter and $ EA $ sidewalk and construct handi- cap ram coaplete forseVw Dollars/Each 2. 100 SF Remove and reconstruct sidewalk $ SF $ Sty D 1�51 100 liars/SF 3. 50 IF Remove reconstruct curb and $ .�/LF $ 1 Va�• �� gutter E ti E1 f�5 Doll /LF 4. 110 SF Provide and install 2" asphalt $ ) SF $$ cqtcrete,overlay at island cuts I OD 5. 110 SF P concrete flatwork S lid /SF S goz TOTAL � , �to l � BID PROPOSAL PAGE 1 OF 6 .t I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tool- , apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check Cr:bi7�� ' the amount of $ (07. , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 A. BID DOCiMMM, continued BIDDER qW IFICIMON F in further compliance with the specifications furnished, the undersigned s Awits the following statements as o his ejerience and to his qualifications as a part of this proposal, and the truthfulness and ut�oe of the infannation is hereby guaranteed. (1) How many years has your organization been in business under its present name? /S i2-5 (2) How gem; years expexienoe in work cOlVarable with that required under the proposed contract has your organization had by this or any othex name? !S Ye R lzs (3) contractor's License No. LM 0 31 ?:32 , State of California, Classification_A_.,.C-Y Expiration Date 9-3 t-q I (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has coupleted within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount BID PROPOSAL PAGE 3 OF 6 L E I E"D_Q Q N I LO L.J." DEECEMIM AdUUNI U.S.P Is Airpurt 170,000.00 B Y I-C)n WI L L iams Loading Dock Mad if . 876-9414 Univ. Cal. if Ila v i Ladd 14 a [ 1 50,000 C a r I.t(I n s.t Handicap Mad i fic-a-t- io-ns- Ber k e 1.ey Vic TayLor 64.21-0489 Univ . C'.) I i f Si to 1 ti-i F)r o v e(n c---,-ri t 130, 000.00 {.saner as- above> Kaiser Constructior, Various Cc))7,tl-a cl. 700, 000. 00 1 1,3 0 d Derkpl.ey , CA Ron-i Me 1. L o 42,8--6475 City of Union City L. 1-1), 20 450,000.00 Alvarado NiLe:5 Rd Improvements of Union City, CA Decnto District j j 1-1 C-!(q 4. F" f 0 a 1, 1.a ri(.1 D,f-,-i F"I'l l.",u 1,c, I. 1,e�-i _ I ,.,kj J,:.lck Lo-ndal-i Eq. 0 a 1? 1 a I-I d T.1"1 L ( 0 a k 1.a 11 d , Ca R(If i -I--IC) 0 la y 4 4 4-3 J.8 8 Dej . 800 000 . 0() H d i AV'AV'G1 R, i c I!al(-.)-r,d T) i >-t; i h u-1. '1 0 k 1.a ri d , CA C e r,-t e r 1)1 Land CriIita i nc r Various Corllrac-ts 37333--Cedar DLVCI Site grading , enqinc.-?cn, 480, 000.00 Newark , Ca ing , asphalt , conci-ete Fred Lanclsberg 79720"1 County of Alameda Street Improvements 275, 000. 00 399 Elmhurst St . Robin/Fir Hayward , CA PauL CharLes 670--549t U 17 P m P v e m e n s to 286, 000.00 B a y h i I 1. Di- i v e Evan N Ave. Ila i I San CA Fac i I i ty Byron WII. Liams 8-17 6---1? 11.,! City of StIl.-A-1--lyVaLe Ma lh i Wa Ave 400, 000.00 456 W e.--.-:-t 01. i v e A v e-, Median Island Sunnyvale, CA Ernie Y a s 11-1 i z u I.,a (408) 730-74219 Co. of Santa Clara Various Contracts 360,000.0,,- Transportation Bus Stop Pavement 1555 Berger Drive San Jose, CA Hucih Hancock (408i 2199-1,2591 City Of S11M-IYValE-' M u-I--F)I.-I y S f a t i on 885, 000.00 4 5%'- W e s 1- 0 L i ve Ave S u I-,I-,Y V a 1.e, CA Roger Jenk i ns (403) 730-7429 Washington HospilaL Farkirill Lot/ 603, 000.00 2000 Mow-Y Ave Box Culvert Con.5truction f7 erncrynt j-) 7 5"_7 1 A.J.i Liquid Air- co-I.-P . U All a 1-11.5 f 1. t 20() DO N . Ca 1. i f c)r n i a W a 1.1-1 u t cr k , Ca G e r q e N u e 9-IF 6 5'2 1 Ctara Coll-I.-Ity t r i d 9 T t 8 4 9 1")Cl 0 T IF.-.l VI'r' D V' t.l 011 Ag I.n.)c J. Vn V: -I- i -v F-, -n ct Pa 5 e n 9 1' 1) Ou i L d i Hu_Ili Hancock 40 IS/2 9 9-25 9 1 City of WaLnut C rcE i< No't-th Main 2 0 5, 15 0 t666 North Main St 1(4111)Y*(.)V Q fit C.,I'l t 5 Wal.nut Creek , CA Vic Stei L 943--5800 City of Walnut Creek Cali fora ia/Newell/ 1.92, 100.00 (same as above) South main Street City of WaLnut Cr e e k Cr k B(:.�a u I i 4, i cal i 4[33 6'---;0 0 A. BID DOMMM, Continued Name of , if any (Section 4104, Go�nt Code) 1. 2. 3. 4. 5. 6. Address if Sh or Office of Sub-Contractors (Section 41 , GavZrrm�ent Code) 1. 2. 3. 4. 5. 6. Work to be Performed by Sub-Contractors (Section 4104, Government Code) I. 2. 3. 4. 5. 6. BID PM OSAL PAGE 4 OF 6 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A F ;H OR CD--PW , STATE WE F W NAME AND FIST 7HE NAMES OF ALL INDIVIDUAL CID-PAWMi S COMPOSING 7HE FIRM. IF A 0011PORATION, STATE LOGAL NAME OF CARPORA►�l°I�I, ALSO NAMES OF PRESIDENT, SE)aMTAW-TRF:NSURER AND MANAGM. WE OMU CRATE SEAL MUST BE AFFD=. THE INk MATION CONTAINED IN THIS BID IS BEING MADE UNDER PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: Co-Part:zershf Corporation `4 B0"I:NG]7VZERr NGv, INC Joint VentLre Other (Describe) Name and Signature of Bidder: S.4MUEE �4, SPOSETO PRE,SME1r int.) (Si turd .Address (Both mailing and loa3 ion addresses) : T;rA,7I0 ,7V CI-Ty- 4-,4 W R2 Telephone Number: Date: Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 I NON0011MION AFFIDAVIT TO BE E D�-"MM BY BIDDER AND SUBMITI�zD WITH BID State of California SS. County of /! Lfv t�c- D A. : A M t�'1 t- C.. A ;14�)S&-1-D , being first duly sworn, deposes and Nays that he or she is of 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; that the bid is genuine and not collusive or sham; that 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 fram bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, commmication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost nlement 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, rxnpany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Sig ature of Bidder: ,5',IM tTT'ty, ',!- SIl r�S,;TO (Print) (Signat e) Date: BID PP.OPOSAL PAGE 6 OF 6 0 BID PIS HANDIQAP RAMP INSLUZATICK PRO BCr 91-9401 TO THE DIRFX. Z OF PUBIM WCMS, CITY OF aMMM, STATE OF CA.LIFUM41A In compliance with the Specifications furnished for Handicap Ramp Installation, Project 91-9401, I, the undersigned hereby declare that I have read the proposal regaire eats and hereby propose to do all work required to complete the said work in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install handicap ramps as outlined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra omTpensation will be sought. All work will be done in a workmanship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. the undersigned also :understands that the quantities shown below are estimates only, being given as a basic for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the staff. The City reserves the right to increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineer. Bid Est.Qty. Item Unit Item Unit Price Total 1. 26 ea Remove curb, guts and $$.,62 sidewalk and construct handi- cap ramp complete for _ G µ-T- al 45ix7X T� Dollars/Each 2. 100 SF Remove and reconstruct sidewalk $ &"15 /SF $(ol °O 'Six-,OI 1 agr - e seyatT;j- 'S�, C(;��IVT5 Dollars/SF 3. 50 IF Remove and reconstruct curb and $2Z, 4 O /LF S I I�,00 gutter j -:KM I T�.t� LL�i2S 4. 110 SF Provide and install 2" asphalt $ 91 ZO /SF $4(oz "D concrete overlay at island cuts 1-•OU2-emu c�ZS ra nm 5. 110 SF Remove concrete flatwork $ , QQ /SF T TAI. 2`1 BID PROPOSAi, PAGE 1 OF 6 i, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. .Attached hereto is the required certified check rr bid bona in the amount of $ 10 'Zo , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 A. BID DOC(MMM, Continued BIMER 91AUF10MON Fri In further omiplianoe with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? jai (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other ram? 3 o -¢-- (3) Contractor's License No. ;3'17 G O®2 State of California, Classification A+r C Expiration Da t (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 1� i (A SIN MRTLa /5(1)ccR►Puc RePAIR (-t14 M. - `OAI f iT_T oEL f-'r21rcMo�T�Sr� w�cr '�- rrz CoCo�t'Z�. 9Yqj C in_ jt-�RKE -`//5�. =eau.R��AriZ F3'7T�3v, e j Q�- C `f�L�i NC) AmmkCA-p -IZOMrPS _T_ McCL-L LLAN Rc*vr) E' 5a 0l 6 �'U(�� t f STCII..tNG TL�A-) Li _ BID PROPOSAL PAGE 3 OF 6 A. BID DOGZS, Continued Nate of , if any (Section 4104, Goverment Code) 1. N o Nj 2. 3. 4. 5. 6. Address if Shop or Office of Sub-Contractors (Section 4104, Government Code) 1. _ 2. 3. 4. 5. _ 6. Work to be Performed by Sib-Contractors (Section 4104, Government Code) 1. 2. 3. 4. 5. 6. BID PROPOSAL PAGE 4 OF 6 A. BID DOMPMa1'S, 0ontinued IF YOU ARE AN 1ND1 L, SO STATE. IF YOU ARE A FIM OR OD-PAMERSHIP, STATE THE FIW NAME AND LIST THE NAMES OF ALL INDIVIDUAL OD-PAIMMM OQ96ING THE FM. IF A Oa2&ORATION, STATE 1WxA1, NMC OF CaRPCPMICN, ALSO Yv'ANES OF PRESIDENT', RY-TEM.S'MM AND MWJ3ER. vE omwak TE SEAL MUST BE AFFIXED. 7HE INl1 'PMON MTP UNED IN THIS BID IS BEING MADE UNDER PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: �Partrtership oration P 4 F CON-STRU CT- ft D)C. Joint Venture Other (Describe) Name and Signature of Bidder: `'- (SIOA 'r Address (Both mailing- location addresses) : 10.10 3Cy-U1 Ay NUE Telephone Number: Date:FERR-omi i 2F i gig 1 Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 NONCOLWSION AFFIDAVIT M BE E}BCVITD BY BIDDER AND SUBMITTED WnH BID State of California ss, County of A Ln M EDEa ER R&)i< -t aSCC 7 p , being first duly sworn, deposes and says that he or she is PR ES f JC1 T of P 9'F 00(tMcnw .ZIUC, the party malting the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, c,- mamication, 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 agar tree public body awarding the contract of anyone interest in the prop-3ed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, sukmitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: (Print) (Signature) Date: C[3RUF�t�y 1 Z� lGtcl l BID PROPOSAL, PACE 6 OF 6 BID P943POSAL HANDICAP RAP INSTALL ATIM PRi17F3CT 91-9401 TO TM DIRF=M OF PUBLIC WMGS, CITY OF CUPF3UM, STATE OF CMZFORNIA In compliance with the Specifications furnished for Handicap Pmrp Installation, Project 91-9401, I, the undersigned hereby declare that I have read the pal requirements and hereby propose to do all work required to complete the said vxwk in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install handicap ramps as outlined in the Specifications. All rosary preparation as well as "cleanup" is included in the price bid and no extra compensation will be sought. All work will be done in a workmanship like Manner and will meet or exceed the embodied requnrements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for catparison of bids by the staff. The City reserves the right to increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineer. Bid Fst.Qty. Item Unit Item Unit Price Total 1. 26 ea Remove curb, gutter and $ 1,05cg- EA $ ��. sidewalk and construct handi- cap ramp conplete for tDollars/Each 2. 100 SF Remove and reconstruct sidewalk $ ro-06ISF $ 5 ix' A"a --slop — Dollars/SF 3. 50 LF Remove and reconstruct curb and $ !S. 10/LF $ 9E,�S , e"' gutter — Dollars/LF 4. 110 SF Pravi-de and install 2" asphalt $ ZV."'O/SF $ 0 concrete overlay at island cuts 1 b !n&oa -- 5. 110 SF ReMyve concrete flatwark $ 00 BID PROPOSAL PAGE 1 OF 6 �� 91-006 HANDICAPPED RAMP INSTALLATION 2 of 3 PROJ. 91-9401 I, the undersigned agree that if this proposal is accepted, Y will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraue_ I, tine undersigned recognize 'hat the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ 10% Total Bid , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 A. BID DOC EDEM, Cantinued BIDDER QLMLMCAnON FOI�I In further compliance with the cif icati.OnS furnished, the undersigned submits the €ollowuq statements as to his experience and to his qualifications as a pant of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in business tinder its jpresent name? 13 years (2) Flow navy years experience in work cole with that required under the proposed contract has your organization had by this or any other name? 13 years (3) contractor's License No. 4 4 U 3 3 2 , State of California, Classification A Expiration Date 5/31/91 . (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has cmpleted within the past 3 years. Year Class, Location of Work and for Whan Performed contract Amount SEE ATTACHED BID PROPOSAL PAGE 3 OF 6 STATEMENT OF EXPERIENCE & FINANCIAL CONDITION BOB BOTHMAN CONCRETE CONSTRUCTION COMPANY, INC. DBA: B & B CONCRETE CONSTRUCTION CO. , INC. BONDING COMPANY: Fireman's Fund Insurance Co. BONDING CAPACITY One Market Plaza Spear St. flower $5,000, 000.00 San Francisco, CA 94105 INSURA: I. .r Corroou & Black BROKERAL 1735 Technology Dr. Ste #. 500 San Jose, CA 95110 BANK Plaza Bank of Commerce 55 Almaden Blvd. San Jose, CA 95113 SUMMARY & REFERRALS OF COMPLETED PROJECTS 1987 West San Carlos Median Landscape $169,000.00 Improvements, San Jose, CA For: City of San Jose 801 N. First Street San Jose, CA 95110 Ubaldo Perez (408) 277-4777 1987 Murphy Park Improvements $70, 000 .00 Sunnyvale. Ca For: City of Sunnyvale P.O. Box 60607 Sunnyvale, CA 94088 Public Works ( 408) 730-7415 1987-1988 Castro School Park & Playground $850, 000 .00 Improvements, Mountain View, CA For: City of Mountain View P.O. Box 7540 Mountain View, CA 94039 Michael Ballard ( 415 ) 966-6311 1988 Dove Hill Park $391 , 540.00 San Jose, CA For: Evergreen School District 3188 Quimby Road San Jose, CA 95148 Clark Scheller ( 408 ) 270-6800 SUMMARY & REFERRALS OF COMPLETED PROJECTS 1988-1989 La Colina Park $130,000.00 San Jose, CA For: City of San Jose 801 N. First St. San Jose, CA 95112 Ubaldo Perez (408) 277-4777 1988-1990 Linear Park, Phases I-II $3,000,000.00 Fairfield, CA For: City of Fairfield 1000 Webster St. Fairfield, CA 94533 Patrick Martin (707) 428-7485 1989 Cimmaron Park $190,000 .00 San Jose, CA For: City of San Jose 801 N. First St. San Jose, CA 95110 Ubaldo Perez (408) 277-4777 1989 Klein Park $265,425.00 Mountain View, CA For: City of Mountain View 444 Castro Street Mountain View, CA 94039 Michael Ballard (415) 956-6311 1989-1990 Rainbow Park $700,000 .00 San Jose, CA For: City of San Jose 801 N. First St. San Jose, CA 95110 Ubaldo Perez (408) 277-4777 1989-1990 Jackson Park $250,000.00 Mountain View, CA For: City of Mountain View 444 Cas�ro Street Mountain View, CA 94039 Michael Ballard (415) 966-6311 STATEMENT OF EXPERIENCE & FINANCIAL CONDITION 1990 Calaveras School Park $790 ,000.00 Hollister, CA For: City of Hollister 300 West Street Hollister, CA 95023 Clayton Lee ( 408 ) 637-8137 1990 Landscape Development at. $ 160 ,606 .00 Whisman School, Mountain View, CA For: Whisman School District 780-A San Pierre Way Mountain View, CA 94043 Deanna 11a,._ton (415 ) 969-1167 1990 Courtyard Development At $343 ,504 .77 Barnard-white School Mountain View, CA For: New Haven Unified School District 34200 Alvarado-Niles Rd. Union City, CA 91587 Carson Adams ( 415 ) 471 -1100 AWARDS CASTRO SCHOOL PARK MAYORS AWARD, MOUNTAIN VIEW, 1988 KLEIN PARK, MOUNTAIN VIEW AMERICAN ASSOCIATION OF PUBLIC WORKS CONTRACTOR OF THE YEAR 1989 LINEAR PARK PHASE II CITY AWARD 1989 FAIRFIELD, CA RAINBOW PARK NORTHERN CALIFORNIA TURF COUNCIL AWARD 1990 SAN JOSE, CA A. BID DOaMM S, Continued lie of Proposed , if any (Section 4104, Goverment Code) 1. �l7�of3 �c_Z.5C:z�'► Ca ;.Jl 2. 3. 4. 5. 6. Address if Shop or Office of Sub-Contractors (Section 4104, Goverment Code) 2. 3. 4. 5. 6. Work to be Performed by Sub-Contractors (Section 4104, Gov+enm ent Code) 1. e 2. 3. 4. 5. 6. BID PIZOPO.SAL PAGE 4 OF 6 A. BID DC1MOIIS, Cmtinued IF YOU ARE AN IWIVIDUAL, SO STATE. IF YOU ARE A Flied OR CO-P , STATE THE FM NAME AND LIST THE NAMES OF ALL nMIVIDi1RL SOD-PARKS OO60SING 7ME FIM. IF A CMUCRATION, STATE LBMAL NAM OF oma7ORMOK, ALSO NAM OF PRESIDENT, SECREU -TREASURE R PSM M MER. THE CMU3 RM SEAL MUST BE AFFIE=. THE INFMATTON CONTTAINM IN THIS BID IS BEnc MADE UNDER PENAM OF PERMZY. TYPE OF BUSINESS: Individual: ROBERT A. BOTHMAN, PRESIDENT Oo-Paaership RICHARD W. BOTHMAN, SECR/TREAS oorPoration BOB BOTHMAN CONCRETE CONSTRUCTION CO. , INC. Joint Venture other (Describe) Name and Signature of Bidder: Robert (Print i (Signature) Address (Both mailing and location addresses) : 211 Ryland Ave- San Jose , CA 951 iQ_ Telephone Number: S 4as ) 279-2277 Date: February 12, 1991 Addendas Reoeived: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 GORP®RATE ACKNOWLEDGMENT NO.M2 CALIFORNIA `�r State of On this the P day of 1�:2bir�f� 19-!?/,before me, SANTA CLARA. SS. County of � I{ATIE Ca.MERON the undersigned Notary Public.personally appeared ROBERT A. BOTHMAN , ❑ personally known tome proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as PRESIDENT or on behalf of the corporation therein OFFICIAL S;A!_ named,and acknowledged to me that the corporation executed it. :. KATIE CAMERON WITNESS my hand and official seal. Notary Public-Californta 8® s SANT'A CLARA COUNTY e 1991 • My Comm. P.Mal. , Notary's Signature 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 9 Woodland Hill%CA 91365.4626 NCK00LLUSION AFFIDAVIT TO BE EXBCTrID BY BIDDER AND SUENM= WTIH BID State of California ss. County of Santa Clara Robert A. Bothman being first duly sworn, deposes and Says that he O• she is President of ]A & B Concrete 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; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not dirrn-_tly 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, cmm unication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cast 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 interest in the proms contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: Robert A. Bothman (Print) (si afore) Date: February 12 , 1991 e BID PROPOSAL PAGE 6 OF 6 BID PROPOSAL, HANDICAP RAMP INGLUTATICK PFCLT T 91-9401 70 TT DL R OF PQKZC WORKS, CM OF Cii'F mm, STATE OF CMZFM A In compliance with the Specifications furnished for Handicap Ramp Installation, Project 91-9401, I, the undersigned hereby declare that I have read the proposal requirements and hereby propose to do all work required to con I the said work in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install handicap ramps as outlined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra oapensation will be sought. All work will be done in a workmanship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the staff. The City reserves the riot to increase or decrease the amount of class or portion of work or to wait item as may be deemed necessary by the Engineer. Bid Est.Qty. Item Unit Item Unit Price Total 1. 26 ea Remove curb, gutter and $ sidewalk and construct handi- ramp ownplete for CL Dollars/Each n 2. 100 SF Remove and regonstruct sidewalk q SF $ Dollars/SF 3. 50 LF Remove ar(d regions ct and $ ��1111 /Ll gutter Dollars/LF 4. 110 SF Provide and install 2" asphalt $L �� SF $$ U� _ overtly a island cuts ems. r�C 5. 110 SF Repave concrete f latwork $57 00 SF $ �, 00 T' TAL. 2-6 y Cie � BID PROPOSAL PAGE 1 OF 6 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director. of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ Bidder' s Bond, as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 A. 13M DOCUMENTS, Continued BIDDER QUALIFICATION FOW In feather compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfularess and utterance of the information is hereby guaranteed. (1) Haw many years has your organization been in business mxjer its present nacre? Six Years ( 6 ) (2) How many Years experience in work ca4mrable with that required under the proposed contract has yaw organization had by this or any other name? Fifteen Years (15 ) (3) Contractor's License No. 451401 State of California, Class f motion A E)piration Date 1-31-9 2 (4) List work similar in character to that required in the Proposed contract which your organization or personnel in Your organization has Meted within the past 3 years. Year Class, Location of work and for whcm Performed Contract Amount Redwood City 87 Sidewalk Repair& Tree Program, City of 450,000. 00 87 SO. B. St. Landscaping, City of San Mateo 1, 469,000.00 Cabrillo High School Dist. 88 Half Moon Bay High School Quad Renov./ 127, 000.00 of Brisbane 88 Visitacion Ave. St. Beautification/City 481,000.00 San Francisco 88 Handicapped Loading Platforms, City of 149,000.00 County of San Mateo 89 Barrier Free Access Facility @ Flood Park/ 800,000.00 Walnut 89 Heather Farms Bleacher Area/City of Creek 340,000. 00 89 Panama Park, City of Sunnyvale 140,000.00 City of Redwood City 89 Broadway Reconstruction Project Phase One 600,000.00 City of Cupertino 89 Various Locations, Sidewalks & Curb Repairs 225,000.00 San Jose 90 Willow Glen Str.eetsca e Phase 2,/City of 1,250,000.00 BID PROPOSAL PAGE 3 OF 6 A. BID DOCEMM`S, Continued Name of Praposed if any (Section 4104, Government Dade) 1. 2. 3. 4. 5. 6. ,Address if Shop or Office of Sub-Contractors (Section 4104, Gaverrn�t Code) 1. 2. 3. 4. 5. 6. Work to be Performed by Sub-Contractors (Section 4104, Goverrmbent Code) 1. 2. 3. 4. 5. 6. BID PROPOSAL PAGE 4 OF 6 R. BID DOQMWM, Oontimied IF YOU ARE AN INDIVEXML, 90 SWE. IF YOU ARE A FIM CR CD,-pARMQEpMjp, STATE 7HE FIR4 NAND AMID LIST n1E NAMES OF ALL INDIVIDIAL OD-PASS OMWOSIM 7HE FIRM. IF A JORa3ATION, STATE TBGM MM OF OmtpQRATION, ALSO NAMES OF PRES E r, Y-TFO AND MAW%aM. THE OMWaRCE SEAL MUST BE AF UED. THE INFOFW=ON OOrTDUNED IN IRIS BID IS BEING MADE UNDER PENMJTY OF PER3LW. TYPE OF BUSINESS: Individual: O��P�dr k�ner�l'Llp ration Golden Bay Construction, Inc. Luigi Zanette, Presido�#nt Venture Carl Sciandri, Vice Prwaddent (Describe) Name and Signature of Bidder: Luigi Zanette, President (Print) / � Signature) Ad-Aress (Both. mailing and location addresses) : Golden Bay Construction, Inc. 1200 Industrial Road Suite 1 San Carlos, CA 94070 Telephone Number: ( 415 ) 593-0310 Date: 2-12-91 Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 BONCOLMSION AFFMAM TO BE EMGTTM BY BIDDER AM SUEMr= WIM BID State of Cal if ornia ss. County of California L u i g i Z a ri e t t e being first duly sworn, deposes and says that he or she is President of Golden Bay Construction,Inc the party making] the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, coapany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put ,.n 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, commmi,cation, 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: Luigi Zanette, President (Print) Signature) . Date: February 12, 1991 BID PROPOSAL PAGE 6 OF 6 s a 4 CITY OF CUPERTINO DEPAR'MMT OF PUBLIC WORKS CALL FOR BIDS SPECIFICATIONS FOR HANDICAP RAMP INSTALIAMON PRQ7b7Cr 91-3401 BID OPENIM ZUESDAY F'E MARY 12, 1991 Bert J. Viskovich, Director of Public Works City of Cupertino 10300 Zbrre Avenue Cupexti.no, CA 95014 File: 98,525 t a TABLE OF O0!?rEVTS C70tRRACT DOL71YE IS A. BID DOCE24ERM 1. Notioe to Contractors 2. Primal B. GIIQEE?AL PROVISIONS 1. Definition of Terms 2. Prosecution and Program 3. Control of Work 4. Control of Materials 5. Legal Relations and Responsibilities to the Public. 6. Proposal Requirements and Award of Contract C. SPDCIAL PROVISIONS 1. Location 2. Scope of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Time of C7oupletion/Liquidated Damages 6. Inspection 7. Utilities 8. Public Convenience and Safety 9. Testing 10. Noise Control 11. Water 12, Okinge Orders D. EXHIBITS 1. Details A, B, C 2. Ramp Locations/Detail Type 3. Location Nap 4. Island Cuts 5. Lane Closure • NOTICE: TO CONTRACTORS CITY OF CUPERTTINO 10300 `IORRE AVENUE CUPERTIt30, CA 95014 HANDICAP RAMP INSTALLATION PRQ= 91-9401 Zhe City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the plans or in the Specifications, entitled, HANDICAP RANT INSTALLATION PRQTECT 91-9401. Said Sealed proposals will be received at the office of the City Clerk, Room 205 City Hall, City of Cupertino, California, until 2:00 P.M. TUESDAY, FEBRUARY 12, 1991, at which time they will be publicly opened and the comparative totals read. All ;yids received will be reported to the City Council of Cupertino within thirty (30) days of receipt, at which time the Council will review and act upon the bids submitted. Award, if any, will be to the lowest responsible bidder. Payment will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the materials or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, at its request and sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the contract. Said securities will be deposited either with the City or with a State or Federally Chartered Bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or Savings & 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. All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City of Cupertino, amounting to ten (10) percent of the bid, or by a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer coupetent to administer an oath, in double said amount and over and above all statutory exemptions. Said check shall be forfeited or said bond shall became payable to the City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract by the City. NOTICE TO CORMACIOR.S , Page 2 Contractor shall furnish to City a faithful perform bond and a Labor and material bond as required in said specifications. It shall be mandatory upon the Contractor to wham the oontract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates per diem wages to all. laborers, workmen, and mechanics employed in the execution of the contract. All bids shall be dared using the estimate of quantities prepared by the Engineer of Work and the unit prices submitted. No- incomplete nor interlineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code of the State of California. The contract shall not be awarded to any bidder who does not possess the proper classification of license. Special attention of bidders is directed to Section 6 for full directions as to bidding. Plans, Specificatic --u and Contract tents may be reviewed and copies of same may be obtauiad at the office of the City Engineer, City Hall, Cupertino, California, upon deposit therefor of $ 5.00 per set, none of which deposit will be refunded. 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. CITY OF CUPERTINO 1 Date: 7,A., City Clerk Publish: Cupertino Courier January 30, 1991 BID PROPOSAL HANDICAP RAW INS°TALLAMC N PF?D►M= 91-9401 TO THE DIRFI;'IOR OF PaRac WORKS, CITY OF am , STATE OF CALL IA In compliance with the Specifications furnished for Handicap Ram Installation, Project 91-9401, I, the undersigned hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be. to provide and install handicap rams as outlined in the Specifications. All necessary preparation as well as "clearmp" is included in the price bid and no extra compensation will be sought. All work will be done in a workmanship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the staff. The City reserves the right to increase or decrease the amount of class or portion of work or to cmit items as may be deemed necessary by the Engineer. Bid Est.Qty. Item Unit Item Unit Price Total 1. 26 ea Remove curb, gutter and $ 4 30.LY1 /EA $2g4,80.np sidewalk and construct Nandi- cap ramp complete for Dollars/Each 2. 100 SF Remove and reconstruct sidewalk $ S.Sc, JSF $ 550.ao ►�yc Dos._..-/�.�5, A-n�n r=�s-�r - CctiS�� Dollars/SF I$.00 3. 50 LF Remove and reconstruct curb and $ - /LF $ 9 oo.cx� gutter P1 t F&&j t Pao wiy Cc-I-E::2 Dollars/LF 4. 110 SF Provide and install 2" asphalt $ 13,3e JSF $ ►�4 b 3.cx� conczete overlay at island cuts �_E�a14S PEA 5awem, !ors 5. 110 SF Remove concrete flatwork $ 3-so - TOTAL 027 H7 8.c'r0 BID PROPOSAL PAGE 1 OF 6 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required oextif ied check or b_i��in the amount of $ ip�, o� A as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 A. BID DOCU IEIUS, Continued BIDDER QUALIFICATYON FOW in further coWlianoe with the specifications furnished, the undersigned sukmits the following statements as to his experience and to his gml.ifications as a part of this proposal, and the truthfulness and uttwance of the information is hereby Tmrranteed. (1) Hoer many years has your organization been in business under its present name? (2) How many years experience in work cle with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. IC:,7t O , state of California, Classification_ HA B Expiratia Date (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount i d i J BID PROPOSAL PAGE 3 OF 6 �E,JOE-fst -'f CID(OWNER) CI(:NT. [)(7i-_-_- OP DESC: MONEY: 0885 .',(3Vi (OWNFP) : C ( 1-Y 0� DATF: -91.996 L -1 JP DESC: TRANS'[T �3YS'! L N! UU�, t ! ,�9 MC)NE'y 00 T. -10 jo#: 0886 JOB (OWNFER) ;: COUNTY tjr �,QNT �4 .1 'If CON DATE7: I C -90 3D DESC: BUS STOP REST09PTION, VfC:' OHIf-I !)Ll lvll-Ct 48 MONEY: $10, 100. 88 18#- 0887 JOB(OWNER) C`OUNTY JI-7 riAN-, P t_*,_f.,RA CUVT. DATE: 10-16-90 '39 DESC: DRAINAGE CEERO,'AL ("ADf-')--,!I T.)P). M90-4'3 MONEY- $6, 441. 00 '3f?#: 0888 JOP (OWNER) iC,0tJl\l_:-Y (?1--- C 01\11". DATE: 10-22-90 DD DESC: EROISTON CONTROL /A1_T)F7_PC'P0F` HEiGl--,Tc M10-5(..) MONEY: $1.3, 000. 00 3 F�#: C,)8 6 9 _f 0 L 0 W N F,-.p f f�C 1 10(.1 f 4 F 1 IN D A r F: t I /I /9C_) DR DESC: BL.DG 26 D'.-JCI-'% REPOTIP Q. Cl. -,t). 743. 00 MIC)NEY z $"-- -)u4#- C)890 JOB (OWNF.*rx) : CC? OF t;ph.l DA"FE: 1 12"90 P 1_3 TD9C)-1.7 DY" DESC: lNRTPLL.ATlOkl C'F FPCTl_ !� 1* [C "I'l 8- PIDE Lf.) MONEY: $334, 720. CITY [W -3B DESC: CURBS. GUTI-ERS. MON4_V- $21B. 440. CK) ?F-.,(# . C)8 9c JOB (OWNER) - C,'CAlN*l*Y OP ',_';PNYA F" CON7. DATE- 11-9-90 1P DESC: WORK AT JUVENILE HALL M0'J1f`Y 3p#- 0893 J0P (OWNE-_'.R) : CICII.JNTY OF '=-f IN 1 171 i. CONT. DAME: 11--14-9C) 39 DESC: BUS S-FOP TMPRj,'JVF,l.vlEt\ATS ("1': '3 3NEY : 4 60 0$2 , 2. 3 M L ,-')894 JOB (OWNUF_11) : (Bm 1. 1 1-9 C) DESC: REMODEL C)FF] CF.-,_3 PT 73('.). Ctti l ]U#: 0 JB E 895 O (OWNR) D;yi C-01: POROT =)]'F-.' 1 -1.-2 7 9 0 iP DESC: MISC. CONCRETE REPPP?S/C:,V C) C)C) C) 7 0896 JOB (OWNER) 1P DESC: BAD I ONS/N"I mj 71 J`� ]P#- 0897 J(.)B (0WNC7-.P) HF'Wi..F' .12 .1. -)P, DESC- POOL. HC)!.h9F. cP0JF.C,,r /1:30N 87. 19#. 0898 JOB (C)Wr\lf---.R) Bi- 4CKWE.-IL! )F3 DESC: 11\151"A!....I__ PtZF -F AEiR].LF? I FL) l.-.R(l"(-,1:� PI 1Nlfl,- 't C)C) IE,,#. 0899 JOB (OWNi"'R) : CITY OF SAN JOSt" CTINT. DATE: 3P DESC. Ei-3 EXTRUDED CURBIN6 llf"1l'.1EY; 4;, vq 0C) 394t: o90C) JOB (OWNER) : COUNTY o� CONT. DATE: 1-23-91. -Y: _IP DESC: WALL COPI-ING AT VAI.A.,FY MFj'_YfEPL_ C',4,`75 MC NE $C--,, 771., 16#-. 090 I JOIN((OWNER) - CITY OF 3'05E C:CJNT. DATE: 1, ;(._)-91 -)B DESC: _qJ/SC WPCP STR!jCl URAL REHAD, GRATING MONEY: $156, 695. 00 3s#: 1.)9C)e, JOB "OWNER) : IBM COPPOR01"TON DATE: 2-4--91 3Ej DESC: TIME AND MATERIAL JOBS MONEY : CK-) L JOB#: 0864 JOB(OWNER) : CITY OF CUPERTINO CONT. DPTE: 4-10-90 JOB DESC: CURBS, GUTTERS & SIDEWALKS, PP(-),Tr-rT M0-tiFy -. 1,164. 975. 34 JOB#: 0865 JOB(OWNER) : VALLEY MEDICAL CENFE-4- CONT. DATE: 4-19-90 JOB DESC: INTER7UM EMERGENCY Pf I(1M WORK 1). 1 )- 6, 1 '1 mfl1\fF'l . $5, JB#: 0866 JOB(OWNER) : GRAN ITEROCK CONF. DATE: ---90 JOB DESC: REMODEL REDWOOD CITY OFFICE MONEY . JOB#: 0867 JOB(OWNER) : IBM CORPORATION CON7 , DATE: 4-1:--'4---9(-) JOB DESC: MISC. CONCRETE WORK AT COTTLE l-ACILfTIES MONEY: JOB#: 0868 JOB(OWNER) : UNITED TECHNOLOGY SYSTEMS CONT. DATE: 4-'26-90 JOB DESC: SEISMAC REPAIRS TO BLDG (--)65() MONEY: $113, 611. 0C.) JOB#: 0869 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 5-15-1.90 JOB DESC: PARKING GARAGE REPAIRS MONF*',,, : JOB#: 0870 JOB(OWNER) : COUNTY OF SAN-14-1 CONT. DATE- 5-17-90 JOB DESC: GUADALUPE CORRIDOR PHASE 111, T L) 1. --Y- - ,-7 I M 0 N JOB#: 0871 JOB(OWNER) : SANTA CLARA VALLE.Y Wi-aTER DIsT CONT. DnT*E: 5-2-3-90 JOB DESC: CARBON SLURRY SYSTEM AT PENTTEN(-'IA WATER PLANT MONEY: $138. 317. 0C-) JOB#: 0872 JOB(OWNER) -. COUNTY OF SANTA CLI--iRA CONT. DATE: 5-2-1-90 JOP DESC: VALLEY MEDICAL CENTER/SEISMIC- RRACTNG MONEY: $l`:'5, C)C)(-). 00 JOB#: 0873 JOB(OWNER) : COUNTY OF 9AN7'A GI-PRO (..-IONT. DATE: 6-8-90 JOB DESC: BUS STOP IMPROVEMENT M90-3`:, MONEY: S8, 1. 13. 40 J-"#: 0874 JOB(OWNER) : CITY OF SAN ,. OF.-)E (701NI . DA"i"E- 6-41-90 .f - '.7 DESC: MEDIAN ISLAND CONSTRUCTION MCIN11 Y: R9ti., oo JOB#: 0875 JOB (OWNER) : WEST VALLEY CONT. DPI-E: JOB DESC: TIME AND MATERIAL JOBS MONFY : JOB#: 0876 JOB(OWNER) BLACKWF.-Ll- JOB DESC: BOX CULVERTS WEST ("IF GRPNE, Mt-flPf)W 1 , 1\1F MONEY- JOB#-. 0877 JOB(OWNER) : COUNTY OF SANIA G',-F-)R 0 C 0 N T. DATE:::JOB DESC: INSTALL TYPE F,(.-) CONCRE-TF JOB#: 0878 JOB(OWNER) : GRAN ITER.0CPl* DO-!-E.: JOB DESC: CAPITOL ASPHALT PLANT/WAIA,', MONEY: JOB#: 0879 JOB(OWNER) : CITY OF' SAN josE CON*T. Dnl-E.: 7-24-90 JOB DESC-. AC BERM/AC SIDEWALK,/CHENOWEIH MFINFY: JOB#: 0880 JOB(OWNER) : COUNTY OF' SANI"P C' CONT. DAYE- -.1.4 JOB DESC: EARTHQUAKE REPATRS TO RUNDELL i.-llpvl'.,F-7F11 PR' DGE morqc-ly - st - JOB#: 0881 JOB(OWNER) : COUNTY OF' 'mAN'f-A CLARP CONT. DATE: JOB DESC: BRIDGE GUARD RAIL F2EPLACEz'ME',I\'T\tl('-V.,k7Pl,� R(')P;r) M19c.).-39 MONEY $;5 3. 0 1.9. 5C.) JOB#1 0882 JOB (OWNER) : NEW UNITED M0*l'i')l'l'�,' C(INT. I)A*l-c: JOB DESC: CONCRETE REPAIR WORK ML)NIFY: J *-- 0883 JOB(OWNER) : COUNTY OP- (..L-AfRA (-'nf\IT'. 8--30-90 Jud DESC: BUS STOP IMPROVEMFNT4::) M'W) -4-11 MnNFV .-. $17, 07 1. 1(.-) JOB#: 0884 JOB(OWNER) : CT-1-Y ("If' JOB DESC: SIDEWALK WORK AT C 11- R MONEY. $9, 1 '— 0.") J B#: JOB(OMWONER) : CONT. DATE: OB JOB#: 0844 JOB(OWNER) : THERMA CORPORTION CONT. DATE: 12--18-83 JOB DESC: WORK AT IBM BLDG. 110 MONEY: J( �: OS45 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE: JCjv DESC: SCHALLENBERGER ROAD YARD MOD. MONEY: $22, 150. i)C) JOB#: 0846 JOB(OWNER) : MASS ELECTRIC CONT. DATE: 1-4-94J JOB DESC: P. O. WORK MONEY: $30, 00o. t C) JOB#: 0847 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. i_'ATE: 1--4-90 JOB DESC: BUS STOP IMPROVEMENTS M89--61 MONEY: JOB#): 0848 JOB(OWNER) : IBM CORPORATION CONT. DATE.: 1--4-90 JOB DESC: MISC. CONCRETE WORK P. O. #S..i;<i37TjD4 MONEY: JOB#: 0849 JOB(OWNER) : UTC/CHEMICAL SYSTEMS CONT. DATE: 1-4-•90 JOB DESC: STRUCTURAL REPAIRS STA 0050 MONEY: $64, 674. 00 JOB#: 0850 JOB(OWNER) : WEST VALLEY CONSTRUC:•T IC)N CONT. DATE: 1-4-JK1 JOB DESC: PALO ALTO TANK REPAIR MONEY: $_2Cl), C?46, (:)(:) ,iOB#: 0851 JOB(OWNER) : THERMA CORPORATION ('.0N'T. DATE: 01•-16-9C JOB DESC: IBM BOX CABINET MONEY: $7, i3C). O(.) JOB#: 0852 JOB(OWNER) : ISM CORPORATION CON-i . DATE: 01--19-90 JOB DESC: BLDG. 067 P. O. 2548684 MONEY: $2, (.)`5. ()C) JOB#: 0853 JOB(OWNER) : IBM CORPORATION CONT. DATE: 2-2--90 J01 DESC: FLOOR DRAINS P. O. MFI9PH MONG::Y: JOB#: 0854 JOB(OWNER) : SCOTT COMPANY CONT. DAT1•: JOB DESC: PIPE SUPPORTS BLDG 4 AT IBM #i i'�'I k::`i 1-4C>Q].`� MONEY: $4, 447. 0C? JOB#: 0855 JOB(OWNER) : COUNTY OF' SANTA CILP)RA CON-S". CA•TE: JOB DESC: EARTHQUAKE DAMAGE_ REPAIRS TO BRIDGES M90--8 MONEY : JOB#: 0856 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE : 2-21 --90 JOB DESC: SCHALLENBERG YARD MONEY: JOB#: 0857 JOB(OWNER) : IBM CORPORATION CONT. DATE: 21-9(:) JOB DESC: BLDG. 090 ELEVATOR PC iE,548671 *IONEY: $104, 787. 0O JOB#: 0858 JOB(OWNER) : VALLEY MEDICAL CE;NTE.R CONT. DATE: 21- 9r.'i JOB DESC: REFIT NURSES STATION MONEY : $2C), 354. 40 JOB#: 0859 JOB(OWNER) : IBM CORPORATION CON]". DATE: 2-26-90 JOB DESC: TILE WORK IN VARIOUS LOCATIONS-P. O. K12467-B2 MONEY: $9, 500. 0() JOB#: 0860 JOB(OWNER) : IBM CORPORATION CONT. DATE: 3-8-90 JOB DESC: FIRE DOORS AT BLDG 50 SK 12849D4 R SK 13102 D4 MONEY: ` 7i i, 529. 0C� JOB*: 0861 JOB(OWNER) : GRADEWAY CONSTRUCTION CONT. DATE: 3-8-90 JOB DESC: LIGHT RAIL BUS SHELTERS/SCC MONEY: $27, 600. 00 Jr : 0862 JOB(OWNER) : STATE OF CA/DMV IN LOS GATOS CONT. DATE : 4-2-90 Jbs, DESC: REMOVE AND REPLACE SIDEWALK MONEY- $J.4, 370. 00 JOB#: 0863 JOB(OWNER) : CITY OF SON JOSE CONT. DATE.: 4-4-90 JOB DESC: CURB AND GUTTER WORK MONEY : $i"(), (')0('). (-.)0 "I:v'tF Y .'[_::=.ir. _ EME}i(=i�^,;: :�' t•_,T,1�h ;�,I�r: : . , , I t.�)=127 Pi.s'� PK Fp,? t;i T!!#: Ci"1 1•�i JIJ ��a\i1-�i> �,C,i +-:., d•-? . ._ . Ijl\ 11(-E. SC„ EF R'F!.,i.it;=;Kc t?f' F';".? r, WC)I. J•i O 0E'..;_9 JC:fs (+')„t1\S_ .'! ., i G _lt= t. I .. E P ,_,EF;C: St:aR: CG?RL_t7.S �!'I�(. f•,. _ -{s r' )., I _. ,._,., t ?_sd : .'t_+2;{' I'I-i?=s (!_:)WINIE i Yl- lin() MC, I•., . I6- L ! JI`;} 1 irr• _ i ,-' LI • I ! r_ . f7r ,_ :1 c: (1rSC F1Fl�l(I.:_:!.. EI..Li(' if' _,.cif:,. .,>c it'll. 1 ril? si#: t_'Ei3ci' inh ti.,ltvl t..t:I:r•;t: '_ ks .. . _ i +r'i -("1r:7i OH?�.. i?EEC _. . :r ,..)._, JL iF; aJS\{ (l; IPv I>s..j1 t 9 '! a`::;/;''•'... ' t�?Ec.`�( , F-V�1.� i'(�F2C)I�!�i. 1'-F-1 _I__, h+. i•,I'f�.�l�1l �.-' .. �, _„ ,�j. ': 08'3*4 :)1_Ih: (UWi\IC [ f"E.`:-•C „ EPR I ' !F:.t\I ) 6 1\li I..li:' P'I!_)r"I. i , :;'!r.- t)t; •:c, 1'! Ir• (, trJ!`.IF- .;ti ,. I T;ftl �, -:I r ' + r• �• "�:S ,1 1_?l'.SE- -E4t-F)t-; ! (�i_, ,� ( {.` I i_' t)' I j i::i�. •L:. !' `.'t i_?�.i, (_?t'� . ,. ,..i�.. ..+CD .t.l:,.,•.11- 171 �.t j.'E E3 I nJ 1I, N ,�I i- ( i!'`.; F _ Irlr. . ,.I r•'.. T __)-U. 1?!:) ,..•�� . Ijl-?,_:;ra Jt::)F' :I-li..Jl',It=:F?� �:'F`it-! ,.=�Y +�' i',� ,1' -!1�I f 1`I' : �_. 1. i ,.�'a••-t3'= DESC: CC-)N' ?F.:I F= T't 1 LL h!(:.i!"i:V _ 'br. _ `.... Es#. 1B `9 JCIE' (01.4NE R,i t:,C:V *1F=_I:` C C)!. „ �`,1 ' „ S?!1 _ L .. +:?"-89 T)ES C: S 1 DF_:UJ+=ti_ 'T f-•;_.)f _f ; rTtp,i rl,;f, .J 0D ((:)W!\JF-R.1 : 1:::[l 1 t.:F= !'.'f_aI.C• rai. Tl , ;I,•I i !iFl"I F 7.: US' LAq 9 L)ESC: -CRANSI+ 'i_.IR!ti,PR .1' i '_ 0f W'N F r.:;!. i ;'.i)'t.1 i : i ! ` (ih!!:Y : $4.4, 44'. J.E.j Es#: s_i841 JOP(OWNF-.,R : (_C.1 I\I 1' V rjl :iht_1..,1 4X.I I t. I"! .),\ 1. . DA-I E: : 1;_- 1.4_-89 t-+ DE SC BUS 9-[OP) ', MPR0VEi.NI&N"j y. 1l lt'Ic."1 I : +:>F14;;1' JC)Fs (i 1NSNE-F?? ;t Cl F::. I i!" I':(;I 1)(1"i tr: :t 14 6 HC"i F'. (')i- Olyli:F.f) (..OL.JIvI' l' t'.tt Il i` ', :: F i ,t n j•• i„0 t t. • JC)L+ I:I:)WKI r,,i + :lt('I\I7. Y i'Ir i.1i.1it1 ? ..! ;'Ci�.il"., f)41'['i.: t. w nl_i__ nT f A. BM DOCuKEfl5, Continued Name of Proposed Sub-Cntractors, if any (Section 4104, Government Code) 1. 2. 3. 4. 5. 6. Address if Shop or Office of Sib-Contractors (Section 4104, Governubent Code) 1. 2. 3. 4. 1% 5. �O l 6. Work to be �4, ormed by Dab-Contractors (Section 41Government Code) 1. 2. 4. 5. 6. BID PROPOSAL PAGE 4 OF 6 A. BID DOCq&+ MS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR OD-PARMERSHIP, STATE THE FIRM NAB AND LIST THE NAMES OF ALL INDIVIDUAL OD-PARTNERS OC POSING THE FIM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO NAMES OF PRESIDENT, S'E1MWTARY-MW►.SG� AND MANkGER. THE CORPORATE SEAL MUST BE AFFIXED. ZHE IIJFO 1%TION CONTAINED IN THIS BID IS BEING MADE UNDER PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: Cb�F c4rtnership ) nn-� { . Corporation Joint Venture Other (Describe) Name and Signature of Bidder: Ad, ako int) (Signature) Address (Both mailing and location addresses) : Telephone Number: Date: lUty�ti �t 19rt 1 Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 NONOOLLUSION AFFIDAVIT TO BE E?DCUrFD BY BIDDER AND SUMMED WrM BIB State of California SS. County of 3rA,�,ra LZ-Ty , being first duly sworn, deposes and says that he or she is of 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; that the bid is genuine and not collusive or sham; that 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; that 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 ether bidder, or to secure any advantage against the public body awarding the contract of anyone interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: (Print) 2& (Signature) Date:tt)L—IC �� r r,. ('\\ BID PROPOSAL PAGE 6 OF 6 A. GENERAL PROVISIONS 1` ADOPTION QZ 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 and sha.11 apply together with the modifications contained herein. 2 HEADINGS ANP 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 The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works/City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works/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. s. 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: 1 . No individual device produces a n.aise level more than eighty-nine(89) dBA at a distance of twenty-five(25) feet from said device. 2. A noise level on any nearby property does not exceed seventy(70) dBA. General Provisions page 1 of 11 ay Noise Control(Cont'd) 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 occuring 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 recieving notice that the contract has been approved, or upon reciept 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. cL 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 amd 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_ Susvension of the Contract If, at any time, t. - City determines Chat 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 anv 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 recieving 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 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, General Provisions page 2 of 11 e� Suspension of to Contract(Cont'd) 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 for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such 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 Liguidated 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 sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. 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 pars and requirements within the number 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. 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 General Provisions page 3 of 11 f Ike gL Completion and Liguidated Damages(Co 'd the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the begining 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 Engineer 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 timetiy manner. Further proof in the form of supplementary progress schedulers, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally plan_ne . 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 reasor 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 begining of any such delay in order to be releived 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 State. Standard Specifications Section 8-1.07 . ) General Provisions page 4 of 11 CONTRQje QE inWORK &L.. &}thoritx Loa Damiate from the AAoroved Plgn,9 In addition to the provisions of Section 5-1.03 of :.he 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 dust 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 si_all 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 the 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 Holidays, 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. 1 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 11 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. T 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 any work at (800) 642-2444. Due caution shall be exercized 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. Z. Water for Construction Water used in any way for the constriction of the project shall be imported by the Contractor and shall be non-potable water in tar-: s 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 construction work is located. 6 LEG RELATIONS MD RESPONSIBILITIES TO THE PUBLIC ai Contractor's FayMents 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 furnished 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 11 b Insurance _ ub c Liability and Progerty Damage Prior to entering into the contract 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 Occurance Ag&re_gate 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 the retainage of monies 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. 1 General Provisions page 7 of 11 g_. labor NondiscriMination Attention is directed to the provisions of Section 7-1.01A(4) of the State Standard Specifications, which apply. In addition, tha 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. d 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. 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 slxbject 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. General Provisions page 8 of 11 di Responsibility for Damage(Cont'd) 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 occurance 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, )aragraph 6b, above ("Insurance - Public Liability and Property Damage") . [See State Standard Specifications Section 7-1.12. 1 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. b. Contract Bond 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 w,.Al. 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(l) year from acceptance of the project provided any deficiencies in the work have been corrected. (See State Standard Specifications Section 3-1.02. ) General Provisions page 9 of 11 cL Execration 21 Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide uie contract bonds and insurance certificates required therein within ten(10) 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. ) dj Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials 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. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of tale Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the 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 presented 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. 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. General Provisions page 10 of 11 e, Pro os 1 Forms(Cont'd) 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 (468) 252-4505. �L 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(108) of the bid amount, to the City of Cupertino as gaurantee that the bidder, if awarded the contract, will within ten(lO) days after notice of award, enter into a contract with the City for the work. Z. 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. ] h. Subcontractors The proposal shall contain the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the 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(0.58) 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 (0.5%) 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 11 of 11 C. SPECIAL PROVISIONS 1. LOM IM The work to be performed under this contract is within the City of Cupertino, County of Santa Clara, State of California, at various locations shown on the attached map. 2. SCDPE OF WORK: The work shall consist of furnishing all labor, materials, tools and equipment necessary for the construction of a concrete handicap ramp, ccuplete w,1, in place in accordance with these Specifications and the City of Cupertino Standard Details attached. 3. FSrIMATED QUANTITIES: Item Description Est. Qty. Unit 1. Install handicap ramp 26 Each 2. Remove and reconstruct sidewalk 100 S.F. 3. Remove and reconstruct curb and gutter 50 L.F. 4. Install 2" A.C. overlay 110 S.F. 5. Remove concrete flatwork 110 S.F 4. EXPLANATION OF BID ITEMS: This unit price bid per unit measure shall include all costs of labor, equipment and materials necessary for the furnishing and constructing, complete and in place and operating of the work in accordance with the Specifications and Standard Details. BID ITEM NO 1 - REEVE CURB, GUI'PFI2 AND SIDEWALK AND INSTALL HANDICAP RAMP (EACH) : This unit price bid item shall include all costs for constructing a handicap ramp as shown on Details A, B, & C of these Specifications, at the locations shown on the attached location maps. The amount bid shall include but not necessarily be limited to the following: a. Saw-cut existing P.C.C. sidewalk at conform points. It is imperative that location be kept in a safe manner, ramps cannot be cut out and left open over weekends or holidays. b. Break out and remove from the site all existing concrete curbs, gutters, sidewalks and other material, including existing landscaping, for grading and subgrade preparation, between conform points. Any landscaping or irrigation damaged will be replaced in kind. Landscaping shall include, but not be limited to lawn, ground cover, planting, irrigation, headers, etc. c. Install all required aggregate base material to a minimum of four-inch (4) thickness under sidewalk and under curk,s and gutters, in conformance with Section 26 of the Standard Specifications, insofar as it is applicable. Special Provisions page 1 of 7 C. SPECIAL PROVISIONS EXPIANATION OF BID ITEMS CON MMM: 4. planation of Bid Item No. 1 Continued: d. Install Portland Cement Concrete to a minimum four-inch (411) thickness in sidewalk areas, and to a minimum six-inch (611) thickness in gutter areas, in conformance with Section 90 of the standard Specifications, insofar as it is applicable. e. Install all required wood forms. BID ITEM NO. 2 - RF1MCYVE & REOONSTRUCr SIDEMIK (S.F.) : This item shall be bid per square foot and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, excess earth rock and debris. b. All required saw cutting of existing concrete - the concrete shall be saw-cut in a straight line to a minimum depth of one inch (101) ccupletely across the sidewalk. The limits of all concrete to be removed shall be to an expansion joint or score line and saw-cutting shall be required at any score line less than one-half inch (1/211) deep. The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting of the boundary line with picks or pneumatic pavement breakers will not be permitted except where score lines are one-half inch (1/211) deep or more. If for any reason the concrete does not break on the line marked by the Engineer, the contractor shall saw-cut the next score line and remove the broken portion and replace with new concrete to meet City Specifications at no cost to the City. c. Removal of the concrete shall be ccupleted by means of breaking the concrete and removing it. A backhoe may be used only while the backhoe remains in the street, it may not be located on the adjacent property. d. Reconstruction of new P.C.C. sidewalk, four inches (411) thick, including four inches (411) of aggregate base material and all required expansion joints. Expansion joints shall be required only where there are existing expansion joints or where directed by the Engineer. Sandy cushion will be allowed where directed by the Engineer. e. Concrete shall be formed by excavating 2t1 maximum from the edge of sidewalk and placing a 1 1/211 wide bender board staked in place. `Ihe bender board may be left in place after completion if required. f. Any sidewalk removed shall be replaced/reconstructed within five (5) working days. g. Any stamped letters or word` shall be replaced as removed. Special Provisions Page 2 of 7 SPBCIAL PROVISIONS EXPLANATION OF BID ITEMS INUED: BID IM NO. 3 MOVE & RECONSTRUCT CURB & GUFTEEZ (L.F.) This item shall be bid per lineal foot and shall include all costs for: a. Pelnooval and disposal, off job site, of all broken concrete, A.C. excess earth, rock and debris. b. All required saw-cutting of existing concrete - the concrete shall be saw--coat in a straight line to a minimum depth of one and one-half inches (1 1/210) . The portion of the concrete to be removed shall be • taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting at the boundary line with picks or pneumatic pavement breakers will not be permitted. Any existing curb and gutter in satisfactory condition beyond the limits designated by the City for removal that is destroyed during the removal shall be replaced with new curb and gutter to meet City Specifications at no cost to the City. New curb and gutter must be installed to match the top of curb, lip of gutter and flow line of the existing coed tions at each limit. c. Reconstruction of new P.C.C. curb and gutter including four inches (401) of aggregate base material and all required expansion joints. Curb and gutter removal shall be replaced with the City Standard A 2-6 curb. d. Any curb and gutter removed shall be replaced/reconstructed within five (5) working days. e. Any stamped letters or words shall be replaced as removed. BID ITEM NO. 4 PROVIDE AND INSTALL 211 ASPHALT CONCREPE OVERLAY AT ISLAND CUTS S.F. This items shall be bid per square foot and shall include all costs for: a. Removal of existing surface material to a depth of (211) . b. Removal and disposal, off job site, of all broken concrete, asphalt concrete, excess earth rock and debris. c. Installation of 211 asphalt concrete in conformance with Section 92 of the Standard Specifications, insofar as it is applicable. d. Any surface material removed shall be replaced/reconstructed within five (5) working days. Special Provisions Page 3 of 7 HID ITEM NO. 5 RUIM OdNCREIIE FLAMM @ ISLAND CU7TS (S.F.) Ibis i*..em shall be bid per square foot and shall include all costs for: a. Removal and disposal, off job si':e, of all broken concrete, excess earth rock and debris. b. All required saw cutting of existing concrete - the concrete shall be saw-cut in a straight line to a minimum depth of one inch (111) ccupletely across the flatwork. Th2 limits of all con--ete to be removed shall be as shown on the attached details (D-9) are, (D-10) and as marked in the field. The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting of the boundary line with picks or pneumatic pavement breakers will not be permitted. If for any reason the concrete does not break on the line marked by the Engineer, the Contractor shall saw-cut and. rem —e '.he broken portion and replace with new concrete tc City_ Specifictions at no cost to the City. 5. TIME OF COYIPLITTIONILIQUIDATED DAMAGES: The contractor shall diligently prolsecutw the work and said work shall be ampleted before the expiration of twenty five (25) wor days from the Notice to Proceed. No work on Saturdays, 8& ,, or Holidays or before 8:00 A.M. or after 5:00 P.M. will be allowed. 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 completion date. Liquidated damages shall also be assessed when any location is cut and left open over weekends or holidays. These liquidated damages shall also be in the amount of One Hundred and Fifty Dollars ($150.00) per day for each calendar day the work is not conpleted at the particular location. 6. INSPEX'I'ION: Inspection costs for any work dote before 8:00 A.M. or after 5:00 P.M. on a regular work day or on Saturdas Sundays, or Holidays, shall be paid for by the contractor at a rate of Thirty-Five Dollars ($35.00) per hour. 7. LTZILITIES: The contractor shall have all the utilities field locate the underground mains and services. All damages to the utilities shall be repaired at the expense of the contractor. A reasonable effort has been made by the City to obtain the locations of the utilities. Notify U.S.A. Forty-Eight (48) hours prior to construction, 800 642-2444. Special Provisions Page 4 of 7 I C. SPECIAL PRMISICNS CONrIMTID: 8. PUBLIC CdNVEZOMCE AND SAFETY: The contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades and lights, and furnish flagmen to give adequate warning to the public at all tip that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof. 9. TEST'IriG: The City will pay for the services of the testing laboratory for soil compaction tests. The contractor shall be responsible for and pay for tests and services as follows: 1. The scheduling and coordination of required compaction tests. If a required test is scheduled by the contractor and, upon arrival at the site, it is determined that the work is not ready for testing, the contractor shall pay for all rescheduled trips. 2. All costs for retesting items and failed tests that did not meet the specified requirements. 10. 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 two (2) criteria: 1. No individual device produces a noise level more than 87 DBA at the distance of twenty-five feet (25') (7.5 me`Lars) . 2. The noise level on any nearby property does not exceed 80 DBA. It is a violation of this chapter to engage in any grading street construction, or underground utility work within seven hundred fifty feet (7501) of a residential area on Saturdays, Sundays and holidays, and during the nighttime period except as provided in Section 10.48.030. Grading construction, or activities occurring during the nighttime periods, shall not be allowed unless they meet the nighttime standards of Section 190.40.040. 11. WATER The furnishing of water and applying water shall be considered as paid for in the items of work involved. In accordance with ordinance No. 1489 effective April 15, 1989, no person shall use potable water for construction purposes. Special Provisions Page 5 of 7 C. SPECIAL PROVISIMS caTrD&W: 12. CHANGE CPDERS Change orders will not be idered or accepted after the project has been accepted by the City Council. Special Provisions Page 6 of 7 HANDICAP RAMP INSTAIZATICK PAWECT 91-9401 REVIZIED BY: APPROVED BY: rAss=staryt ch city Engineer D Public works REVIEWED BY: ki 1A Glenn M. Q igg Traffic Engineer Special Provisions Page 7 of 7 RETAINING CURB IF NECESSARY S.L. t t Retaining cure 2 �' S 2 2' B*wled Lip it nocossor 6' CURB o 'a' 2' GUTTER GROOVES SECTION 8 J)ir rr 8.73� ' ( ( NOTE — 'IF SIDEWALK IS LESS THAN 5'. FULL WIOTH 5—' ' , 5 2' OF SIDEWALK SHALL. BE DEPRESSED' RAMP A — 5' MONOLITHIC SIDEWALK 4 ' 12- BORDER GROOVES . 1 - B*v.led lip a t . 2 2 t ----� o ' 2 ' oo s3 V CURB I (P� �!l.3396 2% 2' GUTTER B � SECTION 5a' 4' S2' RAMP ® — DETACHED SIDEWALK OR 10- MONOLITHIC SIDEWALK NQTE — BEVELED LIP — THE LOWER ENO OF EACH CURB RAMP SHALL HAVE A 1/2 INCH 112.7mm1 LIP REVELED AT 65 DEGREES. FINISH - THE SURFACE OF EACH CURB RAMP AND ITS FLARED SIDES SMALL BE SLIP— RESISTANT AND SMALL SE OF CONTRASTING FINISH FROM THAT OF THE ADJACENT SIDEWALK. CONCRETE REMOVAL — REMOVE EXISTING CONCRETE TO NEAREST JOINT OR SAW CUT AT EDGES AS DIRECTED BY THE ENGINEER. HANDICAP RAMP DETAILS CITY OF CUPERTINO JAPPROVED 8Y DATE : t2,y 1-21. STAF9OARG DETAILS CIT hl ER D-p1 i Art 12" 8®Rt��tt DETAIL C �t�y�=cc� 3.25•®8 ®-2 Border Groove' Border Grooves Direction*[ grooves parallel to crass-walk jDOUBLE CROSSWALK SINGLE CROSSWALK 1 1/2r TYP �— T I l L~ DIRECTIONAL GROOVE DETAIL THE SURFACE OF EACH CURB RAMP LOCATED IN THE CENTER OF THE CURB RETURN SHALL BE GROOVED PARALLEL TO THE CENTERLINE OF THE CROSSWALKS TYPICALLY IN TWO DIRECTIONS WITH 1/L INCH X 1/4. INCH ( 6.35mm X 6.35mm1 GROOVES APPROXhATELY 1 112 INCHES 138.1mm) CN CENTER. WHERE ONLY ONE CROSSWALK EXISTS. RAMP SHALL BE GROOVED IN ONE DIRECTION ONLY, PARALLEL WITH THE EXISTING CROSSWALK. 311L1 ' I ` lit" BORDER GROOVE DETAIL ALL CURB RAMPS SHALL HAVE A GROOVED BORDER 12 INCHES (306.8mmt WIDE AT THE LEVEL SURFACE OF THE SIDEWALK ALONG THE TOP AND EACH SIDE APPROXIMATELY 314, INCH 119.05mm) ON CENTER HANDICAP RAMP DETAILS CITY O' CUPOITIN® - G 2, � 71-26 STANDARD DETAILS APPIaovED BY: ITY N 1 .E DATE: 0 1/23/91 HANDICAP REPORT # OF STREET CROSS STREET/LOCATION/DESCRIPTION RAMPS DETAIL ---------------------------------------------------------------- SCOFIELD DR Western Dr S/W corner 1 B Bonny Dr 2 B Barbara Ln S/E corner 1 B Barbara Ln S/W corner 1 A TERRY WAY Rodrigues Ave 2 B Shelly Dr 2 B Paradise Dr 2 B PACIFICA DR Whitney Way N/E-N/W corner 2 A Whitney Way S/E corner 1 B BANDLEY DR Mariani Ave 2 A WOLFE RD Hwy 280 9 A,B,C PROSPECT RD Galway Dr N/E corner 1 B STEVENS CREEK BLVD Tantau Ave ISLAND CUTS TOTAL = 26 D-Ir L� .�.. �IIIt//11�/11■� � �av9 ■■ ■� • � u��oz� • E�� Q1�'1N Bs �� ■/ d ■H �� Ulm an 15, �� ■ off 1� •r�� .: m! � ■� muse Mor SIMI '�' :� ;� � that� �R��"�®■■�N�1� � � �� , INS MOST g , i tlitlt 111i �I►fl II►IIi.. ZZ �IIIJI 1►1111 IY11f1 - IUIH 111111 ,, _�11 � 11ii .. 1(11111( klltliJ ,� _IIN11 ,. 1 L 111T11 11It null nu 1 = .�trrlj 'm am M! 1♦ a= M1 am . 1♦ am1M am r: w am . am I am �U!" Lt 1 n. AI I�Gt.�rL�.�•"'+i f*�3.haXii'.:I�rs .. 1.1■ 1■min . ho Elm o&I jai 01" so 0 ELM rrt rr o©t r .,� s fd+_fir 53��:z��nS�� .��#�r �r rr r� � ■G�=��L'r'!-� �� .�--- Y Wai•a '..S't y} r�tjM- avid a ff � i�is� ■ZTO�I�O� � _ � cam© ■■� ■�� 1� ni i�� ■ cam■ �: //p+��e ,�. tj Ion ��. ■ice �■� �■■ � ■ ■mom ■ ■ram WNW mm © � No M . ■ / 91-006 HANDICAPPED RAMP INSTALLATION 3 of 3 PROJ. 91-9401 . . A ��Es �� ..■. �n/IInn111 D . �� \ 0 SCHOOL oil v 11 C�l��i�ut rt lan •��se��n�nnunn/� �� ;'mo t', ` ✓ yi �',� �� OWN imm- 2Sman ttm nIn/HimNn a: >,« WIG Kan nm _ /n/ ///1/�/11/ a mm .� &AM all M . WARF INS e, 1 4 �-G C -n a� s ,S i t t t t 11,0ky�' ar+lda ANVIK \vj d , S AWGU T r e move concre+e nstat I Ac ooer(a 5� J-•�linal box �1��ra��c signal f LAND CUTS STEvet45 cRCEK BLVD ®TANTAU AVE. 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