91-014 Traffic Signal Maintenance Proj. 8602 91-014 TRAFFIC SIGNAL MAINTENANCE 1 of 5
PROJ . 8602
Cit4 Of CuPtrti"O
10300 Torre Avenui" F.O.Box 5W
Cu;aernnu, C.IIiEG(tud 95014 Cupertino, California 95015
Telep')onv i408i 251.4505
DErARTNI(\7 C)F Tfil Cil1 CIERk
June 17, 1991
Attention: Mr. Hossein Moraclkhani, Regional Manager
Signal Maintenance, Inc.
3395 Viso Court
Santa Clara, CA 95050
TRAFFIC SIGNAL MAIgMTEMMM - PRWECT 8602
Dear Mr. Moradkhani.:
We are enclosing to you for your files one (1) oapy of the Agreement by
and between the City of Cupertino and Signal Maintenance, Inc., which has
been fully executed by City Officials.
We are enclosing your bid bond.
Sizu:erely,
DOFUM CORNELI11S
CITY Cum
CITY OF Ct7PERTIM
DC/so
encl
cc: Department of Public Works
C. AGREEMENT
THIS AGREEMENT, entered into on June 1.4, 1991, by and between the
CITY of CUPERTINO, a Municipal Corporation of the State of California, herein
referred to as CITY, and Signal Maintenance, Inc. , a California Corporation,
herein referred to as CONTRACTOR.
WITNESSETH
WHEREAS, CITY proposes to contract for the preventive maintenance, emergency
service and repair of the traffic signal systems and equipment presently
within the jurisdiction of CITY, together with any additions thereto that may
be installed, constructed or become the responsibility of CITY during the term
of this Agreement, or any extensions thereof; and
WHEREAS, CONTRACTOR is willing to perform said preventive maintenance,
emergency service and repair services in conformance with the specifications
for Traffic Signal Maintenance at the prices and costs delineated in the
CONTRACTOR's proposal, attached hereto and made a part of this Agreement;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual promises
and covenants herein contained, agree as follows:
1. Subject to the terms contained herein, the complete Agreement consists of
the following Contract Documents, to wit:
TRAFFIC SIGNAL MAINTENANCE, PROJECT 8602, at VARIOUS INTERSECTIONS CITY WIDE
and all documents referred to and incorporated, therein;
CONTRACT DOCUMENTS: The Notice to Bidders, Information for Bidders, Bid Form,
Designation of Subcontractors, Agreement, Bidder's Bond, Faithful_ Performance
Bond, Schedule of Operations, General Conditions, Technical Conditions,
Special Conditions, Plans, Specifications, and such provisions of the Standard.
Specifications of the State of California, Department of Transportation, dated
January 1988 as are specifically incorporated by reference, and any addenda or
written ;codifications to any of the foregoing.
a. All of the Contract Documents and this Agreement are intanded to cooperate
so that any performance called for in one and not mentioned in the others, or
visa versa, is to be executed in the same manner as if mentioned in this
Agreement and in all said documents.
b. In the event of conflict between the Specifications and this Agreement, the
Specifications shall prevail.
C. Except as otherwise stated herein, any and all obligations of CITY and
CONTRACTOR are fully set forth and described in the Contract Documents.
Agreement Page 1 of 3
Agreement(Cont'd)
PROJECT 8602 71
2. CONTRACTOR, for the consideration herein mentioned, does hereby covenant,
promise and agree to and with CITY that CONTRACTOR will well and sufficiently
furnish all labor, tools, equipment, apparatus, facilities, transportation and
all materials necessary to perform and complete in a good and workmanlike
manner, the work of preventive maintenance, emergency service and repair of
the traffic signal systems and equipment presently within the jurisdiction of
CITY, together with any additions thereto that may be installed, constructed
or become the responsibility of CITY during the term of this Agreement, or any
extensions thereof, as called for and in a manner in, and in strict conformity
with, the SPecifications for Traffic Signal Maintenance, for a period of
one(1) year commencing on July 1, 1991, and ending on June 30, 1992. Provided,
however, that CITY, upon receiving written concurrence from CONTRACTOR, shall
have the right upon the same terms and conditions as are contained herein to
extend the term of this Agreement as negotiated,
a. It is understood and agreed that said labor, tools, equipment, apparatus,
facilities, transportation and materials shall be furnished and said work
performed and completed as required in said Specifications under the sole
direction and control of CONTRACTOR, and subject only to inspection and
approval of CITY and its representatives.
3. CITY agrees to pay and CONTRACTOR agrees to accept, in full payment for the
work above agreed to be done, the sums of money specified in the proposal
attached hereto and incorporated herein by reference, subject to final
determination of actual work performed and materials furnished at the unit
prices stated in said proposal.
4. CONTRACTOR shall, at its expense, obtain all necessary permits and licenses
for the performance of the work which is the subject of this Agreement, give
all necessary notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating Zo the work in the preservation of
the public health and safety.
_i. Notwithstanding any other proviEion to the contrary, unless otherwise
directed by CITY in writing, CONTRACTOR shall not perform or initiate
performance of any part of this Agreement prior to obtaining a valid C-10
Contractor's License issued to CONTRACTOR by the Contractor's Licensing Board
of the State of California.
6. Any notice from one party to the other required to be in writing under this
Agreement or the Contract Documents shall be dated and signed by the party
giving such notice or by a duly authorized representative of such party. Any
such notice shall be served in the following manner:
a. If notice is given to CITY, by personal delivery thereof to the City's
Director of Public Works, or by depositing the same in the United States Mail
enclosed in a sealed envelope, postage prepaid, addressed as follows:
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Agreement Page 2 of 3
COnPORATE ACKNOWLEDGMENT ton —1
State of California On this the day of r 19�'/,before me,
SS. Y )
County of Ornni;c _ _ �1 C. P nor
the undersigned Notary Public,personally appeared
t
_ WiIii;nn G. Sondergnrd
tR personally known to me
OFFICIAL SM El proved tome on the hints of satisfactory evidence
Raw C. SPEER
Notcry pugflc-Co1lYcm10 to be the persons)who executed the within Instrument as
f ORANGE COWN
L'My c emmwim Wes __ rrsidcitl —____ or on behalf of the corporation(herein
M=h 13, 1995 named,and acknowlerlgod to isle that the corporation executed it.
WITNESS my hand and olticinl seal.
GyI
�. Notruy'9 Slynsturn _
`�..,_•.._.v..�.�-+-.z�.�.•ti-.-,-. -.. - .-^1,r:.-+co r.>�+=,.mac•?^r_^•,'`?'-»o��-.c,;»..,c..•v.�.•�,..,ry�_ _.. . . .. _ _.. - _ . ..
Agreement(Cont'd)
PROJECT 8602
b. If notice is given to CONTRACTOR, by personal delivery thereof to its duly
authorized representative, or by depositing the same in the United States Mail
enclosed in a sealed envelope, postage prepaid, addressed as follows:
Signal Maintenance, Inc.
3395 Viso Court
Santa Clara, CA 95050
7. Any contract entered into by CITY as a result of award of this bid is
subject to cancellation upon thirty(30) days notice in writing, when it can be
demonstrated by CITY that CONTRACTOR has failed to perform in accordance with
the Contract Documents. Additionally, CITY reserves the right to cancel this
Agreement without demonstrating any cause upon ninety(90) days notice in
writing.
8. CONTRACTOR shall not assign, underlet or sublet this Agreement, nor any
part thereof, without prior written approval of CITY, and in the event that
such consent be obtained CONTRACTOR. shall be liable for the faithful
performance of this Agreement for the remainder of the term hereof, or any
extensions thert. f. Any assigning, subletting or underletting without the
written consent of CITY shall be null and void.
9. CONTRACTOR shall not assign any of the payments due or to become due from
CITY. Any assigning of payments from CITY shall be null and void.
10. CITY and CONTRACTOR, each binds themselves, their successors, legal
• epresentatives, and assigns to the other party to this Agreement and to the
successors, legal representatives and assigns of such other party in respect
to all covenants of this Agreement.
11. CONTRACTOR is an independent contractor and not an agent, subagent or
employee of CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO Signal Maintenance, Inc.
3395 Viso Court
Santa Clara, CA 95050 �-
By
Mayor
Attest: �'� Notary acknowledgement is quired.
o City CieW If a corporation, corpor. seal and
r �� corporate notary acknowl dgement are
Date: ! % ,1991• required.
i City Clerk
APPR%A7tto'-rn-ey-
FORM AND
PROC
,I AIA 1,&--
Agreement Page 3 of 3
'e
STATE OF CALIFORNIA,COUNTY OF SAN FRANCISCO
On MAY 31, 1991 before me a Notary Public, within and for the said
county and State, personally appeared SHARON FREDRICKSON known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me
that he subscribed the name of the AMWEST SURETY INSURANCE COMPAN reto as Surety d his own name
as Attorney in Fact.
q OFFISIAL SEAL 40 00
arlsvqp S.
•• P!O"►ARYPUBLiGC.Ai.tiL':� : "., `� '�""„d�s
�= SACIZVENTO COUNTF Y —
NOTARY UUBLIC
Exp. C
• /A'=" UN-A9008(REV.290)11
CITY OF CUPERTINO
INTERDEPARTMENTAL Date June 11, 1991
To. Cif Clerk From Public Works--Sumi
CS Information MESSAGE*
___•TRAFFIC SIGNAL MAINTENANCE, PROJECT 8602
C1 Implement Transmitted are two sets of agreement for signature:: of
Investigate
Discuss city officials. Please transmit a completed copy to the
See me
� Reply contractor: Signal Maintenance, Inc.
Attn: Mr. Hossein Moradkhani, Regional Manager
Santa Clara, CA 95050
Also for your files is the contractor's performance bond.
Amwest Surety Insurance Company, Bond No. 1246880.
Reply:
_ sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
CORPORATE ACKNOWLEDGMENT NO.202
State of CALIFCRNIA On this the `-' day of 19, ,before me,
SS.
County of — ORANGE DOLORES D. BYRNE
the undersigned Notary Public,personally appeared
WILLIAM C. SONDERGARD
X personally known to me
OFFICIAL SEAL proved to me on the basis of satisfactory evidence
DOLORiES D. BYRNE
Notday FUSc-Coutwrila to be the person(s)who executed the within instrument as
ORANGE COUNN PRESIDENT or on behalf of the corporation therein
29. 1994 named,and acknowledged to me that the corporation executed it.
WITNESS my h7d and official sea}.
Notary's Signature
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P O.Box 4625 • Woodland Hills,CA 91365.4625
WEST SURETY INSURANCE COMPANY
LOS ANGELES,CALIFORNIA 1AW
BOND NO. 1246880
PREMIUM: $3,375.00
PERFORMANCE BOND — PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS:
That we, SIGNAL MAINTENANCE, INC. — —
2720 EAST REGAL PARK DRIVE, ANAHEIM, CA 92806 as Principal,
and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State
of California. and authorized to transact a general surety business in the State of California, as Surety, are held and firmly
bound unto:! r•ITy OP rrtvt,RTTNn_ as Obligee,
in the sum of FORTY FIVE THOUSAND AND 00/1 Q DOLLARS,
(S 45,000.00 ),lawful money of the United States of America, for the payment whereof,well and truly to be made,
we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITICNS OF THIS OBLIGATION IS SUCH, that
WHEREAS, the above-bounden Principal entered into a contract dated the
with said Obligee to do and perform the following work, to wit:
TRAFRIC SIGNAL MAINTENANCE AT VARIOUS INTERSECTIONS CITY WIDE.
PROJECT NO. 8602.
NOW, THEREFORE, if the above bounden Principa-I shall well and truly perform or cause to be performed,each and all of the
requirements and obligations of said contract set forth, then thi; "-,id shall be null and void:otherwise it shall remain in force
and effect,
SIGNED, SEALED AND DATED this 31 ST day of MAY _19__9_L,•
VRI Ip.AI_
By
• AMWEST SURETY INSU NCE COMPANY
By_ s ,l , , X �__y `_ �� � �,
SHARON FREDRICKSON aTToaNev•IN-FACT
100 CALIFORNIA STREET, SUITE 720
SAN FRANCISCO, CA 94111
� 4. ` LF'... s '¢. T v.�,. `1'i�� i� }'., E yx. ,,�yxyy f•�
4
� i d a d � V •
MIN[)M AiRER i'C)%%FR L►iRrK NOT VALID FOR BONDS
1246880 000067416 -68 EXECUTED ON OR AFTc
5-05-92
r._ . ro,hz.hGf ^KlV4l'�•9,SYPlX+C' �nn3^.�'.M^M�YRY"�+l#nl trp§'n4� N'+�,a?x-cS
J ,.. ^v raw-Sx. .sy- •9•,,Yw'the1�.'N+5"d'aT.af@'#?z3 YY?k//<. .at•; .•... .. Y:: +'..
PRINCIPAL
SIGNAL MAINTENANCE, INC. PENA1 St`l i
$45,000.00
t1t3Lif.L'i.
f.
CITY OF CUPERTINO
This do.,kin erlt is prti7t. d on IIIui i-00u«nd 0;urity I)JI r With Hiick ;slid red ink, wah hoarder iti ])fire ink and 1-i rs the
rat.rd <c.ti of.amwcsi Surely Insurance tthc "Co❑ p nt`'1. Orh unaltrrred rtrtgiatak of thi f'Ower c Anur t'\ arc r
+ •.alu! "I hi rower of .\ttornCN�is lid rn •wnh tile execution arul deittei,.-o'the bond note(' vc and r.lay
{
Y � nut he t'�d �n cor,jun+:non.with.any'tit}ier!x»tirr"1 tnorne}` \o rpi �c'nt.'.l ions or�rar antres re�archn�ihi�1'c�a+! of.V ieuni•�'
Ina, he made !)% am J)C;1 gym,This Poxccr,! attowt % t�go"cined by the la«�ai the State of::tlifornm :1m 1-)o\\cr
ul�t( ut a?mm-0011.VitiI an.-huntlts.ucd h} the C:ompan�Furst Is on this form and Fit)other farm Khali htt�c iNce o clfe'.I. t
iii
}z 1`tiC)W ALL NIEN BY T1 it: F f'REA`;\!'i S,that Aniwcst lnsLirancc Company,a California
..
corporation (tile „t�onpany 1, dogs hcrclm nay+.±<c, constitut:' and. appoint: -
SHARON FREDRICKSflN
AS AN EMPLOYEE, OF AMWEST SURETY INSURANCE COMPANY
its trite and kluful Atuarne•-_in-Fact,with linutcd D(m er-and au0101-6-for and on behalf of the Company as surety.
4O execute, delver and affix the seal cat the C_mipan,, thereto if a seal is required,on hands, imclertakings, � I
rect gritZa lice s or Other wrincri o.bligations in the mature thereof as follows:
,•r
Bid Bonds up to $**1,000,000.00
Contract, Court 8 Subdivision Bonds up to $**1r000,000.00
� �9 License 8 Permit Bonds up to $**1,000,000.00
® Miscettaneous Bonds up to $**1,000,000.00
®® Smatt Business Administration Guaranteed Bonds up to $**1,250,000.0
NN
f]�7Cdif��
®999111) and to hind tite Cnrnpany thcreh�. This q)pointrilent is made under and by authority of the Bv-l.mvs '.'f the
19 1:ctmparr,•, %0-iich are now in ft.tll force rand cf,lcct.
N wg,
C�fCz_i7(at
��iz, � CERTIFICATE
t'goE, E 1, the undeT;igned srcretan• of Ain-west, Sorely insurance Comp rty, a C.:alifomia corporatio n,
r (lt7 HtRk.R3Y (:ER1`t 1 that thss Pc>x��r c l Attorney ttm atns in full force and effect and has not been retoi:etl
rr !t t y
i�
i:+nd furthermore, that thc>- resohui«ns oC the. Board of Directors set. forth Ceti the reverse, and that. the relevant
� 3 1wovisions of the By-uuws'of the Conihany. are now in full farce and effect.
5igoed and seal�d,at SAN FRANCISCO, CA this 31ST_ dad! of 9AY;___�^ ly 91
0000067416 68
{ J, _ Karen c�i:�,hcn. tircrrtary P
ter -
o
a
Ate WEST SURETY
INSURANCE COMPANY BOND No.: 3015149
WOODLAND HILLS. CALIFORNiA PRENNUM: N/A
BID DATE: 5/14/91
PUBLIC WORKS BID BOND
Know all men by these presents:
SIGNAL MAINTENANCE, INC. ,
That we. 2720 EAST REGAL PARK DR. , ANAHEIM, CA 92806
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety►.
organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of
CALIFORNIA as Surety, are held and firmly bound unto
CITY OF CUPERTINO
(hereinafter called Obligee) in the penal sum of TEN percent (10.000,0) of the bid amount, but in no event to exceea
FOURTEEN THOUSAND AND 00/100 Dollars ($_.11.000 nn
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns.
jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION !S SUCH, that, whereas the Principal has
submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL MAINTENANCE AT
CORPORATE ACKNOWLEDGMENT _ NO.W2
State of CAL IFOR'`jIA On this the_�day of r/ t9 before me,
County of ORANGE SS. DOLORES D. BYRNE
the undersigned Notary Public,personally appeared
I,_T,T. LAM—C--pNDERGARD
X personally known to me
OFFICIAL SEA` C proved to me on the basis of satisfactory evidence
a BYRNE to be the person(s)who executed the within instrument as
tit c-Coftomlc C PRESIDENT
OuMy or on behalf of the corporation therein
,des named,and acknowledged to me that the corporation executed it.
WITNESSkmy hand and official seal 2
ott�ary"s Signature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd, • RO.BWr 4e28 • Woodland Hift CA 91365�40:S
NOTARY PUBLIC
uN-Aeon»(aeV 290)rI _.
AMWEST SURETY
®® INS€ RAMC—E COMPANY BOND NO. 103 1,149
WOODLAND HILLS, CALIFORNIA NIA
PRER 11
BID DATE.
PUBLIC WORKS BID BOND
Know all men by these presents:
SIGNAL MAINTENANCE, INC. ,
That we, 2720 EAST REGAL PARK DR. , ANAHEIM, CA 92906
(hereinafter called Principal?. as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Suretyl.
organized and existing under the laws of the Slate of Caitfornia and authorized to transact a general surety business in the Slate of
CALIFORNIA as Surety, are held and firmly bound unto
CITY OF CUPERTINO
(hereinafter called Obligee) in the penal sum of TEN percent (10.00.0) of the bid amount, but in no event to exceea
FOURTEEN THOUSAND AND 00/100 Dollars (S .14.nnn _nn
for the payment of which the Principal and the Surety bind themselves, their heirs. executors, administrators, successors and assigns.
jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has
submitted or is about to submit a proposal to the Obligee on a contract for: TRAFFIC SIGNAL, MAINTENANCE AT
VARIOUS INTERSECTIONS CITY WIDE. PROJECT NO. 8602. _ y
NOW. THEREFORE. if the contract is awarded to the Principal and the Principa; has within such time as may be specified, entered
into the contract in writing. and provided a bond. with surety acceptable to the Obliges for the faithful performance of the contract: or
if the Principal shalt fait to do so, pay to the Obligee the difference not to exceed the penalty hereof between 'he amount specified in
the bid and such larger amount for which the Obligee may in good faith contract with another party to perforr ,';e work covered by the
bid, then this obligation shall be void: otherwise to remain in full force and effect.
STATE OF CALIFORNIA, COUNTY OF_^� SAN FRANCISCO Ss.
On MAY 8, 1991 ^_ before me a !Votary Public. within and for the said
County and State, personally appeared SHARON FREDRICKSON , known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name
as Attorney in Fact. oFFlcIAi sEnt
NOTARY PUBLIC
UN-Ag"(REV.2'90)0 `•- _ •-, _ -I t.. .. _
A EST SURETY
/e4,'R'ANCE COMPANY BOND NO,: 3(,; v1,:9
ALTMAND HILLS. CALIFORNIA
PREMIUM: _ NSA
BID DATE. `-'i,;/91 —
�t
i{
ft
•1`r
PUBLIC WORKS DID BOND
,Ir ey these presents:
Sr=AL MAINTENANCE, INC. ,
2720 EAST REGAL PARK DR. , ANAHEIM, CA 92806
eked Principall. as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surewl.
&V existing under the laws of the State of California'and authorized to transact a general surety business in the State of
CALIFORNIA as Surety, are held and fir;;iiy bound unto
f ;
CITY OF CUPERTINO
f(.14
er called Obligee) in the penal sum of TEN percent (10•OQ'o) of the bid amount, but in no event to exceev
FOURTEEN THOUSAND AND 00/100
Dollars (S 14,000-no t
l+tt payment of which the Principal and the Surety bind themselves. their heirs, executors. administrators. Successors and assigns.
and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal hash i }
i
ed or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAr., MAINTFNANCG AT
VARIOUS INTERSECTIONS CITY WIDE. PROJECT_ NO. 8602 .
;E:4 1.ty i
THEREFORE. if the contract is awarded to the Principal and the Principal has within such time as may be specified. entered
the contract in writing, and provided a bond, with surety acceptable to the Obligee for the fathtul performance of the contract: or r
Principal shall fail to do so. pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in l ;
id and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the
then this obligation shall be void: otherwise to remain in full force and effect. `
r '1
r
ED. SEALED AND DATED THIS 8TH DAY OF MAY 19 91•
SIGNAL 44.AINTENANCE, I
.� (Wirt!(Or%'Pe na "I V all
��atn9URa1�-\ �. t c
P %r By
(Sgnatute Ot Vti ail
+`OPPOA,"I
AMWEST SURETY INS A�YNICE COMPANY
fsy:
SHARON FREDRICKSON AttOrnev n•Fact
100 CALIFORNIA ST. , STE. 720
SAN FRANCISCO, CA 9413.1
,R
�'l •. � cr ','•• . I ' q...�,.. � �1k:.�.Ju htt.,• 1 � ) n :t•h -,�,�t,l� .. � � T
f\
` lit)♦I)`AMIl,lt fl7NlRNLSIIIlit
3oisi4� :11;�C,n. '% ;ti vnI 1D-IF .140T .USED BY
PENAL SUM ,
SIGNAL MAINTENANCE, INC.
$14,000.00
'r 0BLIG' 1 <j
CITY OF CUP -RTINO
JIM
I Mid
` a'hts elc,cun7ent i> llnn d ,at ai�ull Lnlulrtl r%t1t !7,,,rr %+nh black and red Ink, with bb bier ip�lue.ink�and peau the
ccf•Aanvvc"l 'lui.r,'In 1.j1,V,t C,)u1i)an, tij;L '0IIIj)•1,11% ) 0111) urlilhervcr ongigajof lhjs Power of Attorney are
7-4,calIL1 'I t•ic: I'o�te r ctt,l,l:,;nc•v i5 %•a!id'„�lcic u) . •�.Im %,tile +hC C•.ct to It'll..Ind dcliveij)of the br nd.notcd above and ma
nc11 Uc unrci ,r uulluna 1 "it%.Ith at.1 ut, ) !nl%+Ct ,.I,ci(„c my \: Ichrc>Cn(auun_,%7r tvarnjllties ry�ardulg this t'c).+cr of AuL,nley
!Ila)' Ili Ia),jLj�_' ', all\- 1),rSUli.IhIS,i'UNci' 01 .111,11A 11�',.IV,1;1CJ hC ih.` LI\\`,of the 5r•)le,'o[.Y:.�lhfOrnlil. Any.pQ\�'rC Of.tlilrne}' j
Loci! to ;.,11nt L1,t:,, `Ai'!l art}'bor,1 I- II,J h% li.; t..,t)t!7.utc t:nr-1 t)c c'n Ihh I>;Ili and no: liq form shall have forte Orcffeci.
I `'I N M i I I -1 1)1:1 ',L N 1`,, t lr;lt ;kIII c5t tiurtty Insurance Compa11y,a CaltIfom)a
• •GOrpUiaUt711 Alit: 'f`.u1111,.1i1}+��. (il.C, hJJ)\ I)„l!:C, ..0I1.,iItll.0 all({ :al)POI11t .-
r SHARON -FRF-DRICASON '
AN EMPLOYEE CI AMWEST SURETY INSURANCE COMP, NY4_:
`.its trite.out!ate ltal ,'t�ttt)rru t'-in rac(, tt ith 1!nntrtl i)r%t rr and autl,orie} ft)r anti.O `be}ralf of the'Company as surety,
^xo 1cxectnc, dck\,cr :Inc! al(IX the t-cal ul !hrIhrr'to if it scat. is.rc utrcc On bonds, undertakings,
reco};u :nccs:Cr (;thcr u1 the n.lttarr thereof as fol!uws:
. -Bid Borid.s. up t.o S***�;I,:100a,000 .00
Contract. Court & Subdivision Bonds up to S* 25,0,000a0Q -,.
Li tense '.& Permit. Bonds up to $*****50.000.0A
"'=Miscett•aneous Bonds up to V,'****25.000.00
••SmatL Business Administration Guaranteed Binds- up-•-to $4*#4t5000000.0(pit
®®®
' 1 /
'I and to hnul tn( C:(uul>,tnt'.rlicIchj Ihi� a,>1)oinunent e nraar under and by ttuthoriiy.Of the By-Laws cf the
td)i(h :tit, nu\\ -in Inll Jor,_r ai;d t
• m�1L'� CLRI u:.1CJA-I-E
�aCci)CL1f _ i�1E91®®.�x
1 _'y¢�it l ll l' 1lll t'r'•.Itllid `ClIC1.1l\• 01 ..111\\t-1 >llfil\' Illtillr:1171e COtnpany a l.allfonlla corporation, G)JIEJilt "'tE31tt '
b " - L�t� }IFhhf,l' C I:hI ItJti' Ii1at ll)js, Po\%cr of luornt•t' rell"aul�, in fill! force ancf'feiro�t and has not been revoked
�?4 f 46d Illr'lheh tit tic,.tl.1Ht t!lc a'ttit)lltlu711S c1l Il:c I oaId ul Dircrtt)rs sct Lath O6',tfic reverse, and that the relevant
V.
1 r t) Prot t.till's )i ttiiC I3y l.nv, (ll,t lae C ouipally ;tIC nt)ti LI1 lull lorce :1nd effect. �•. ®�'�
WOODLAND HILLS.CA BTH `r MAY 91
`i,nled 'artL! sealed it', — tl t�,�_ dad' Eta' _ 19
00,90052362 - 74
Y
h nr1: ( c ,tl rn tic,rt•t Iry ,r tam ),
_ f.,w Sahl�IWID`
� �St12�. � �,, ,a 't•t ,� ,m:a,a.r,c+ •i,.ta ,. t, ,tc.».:-.�,.� �:t.,�ranx�c.rR':t,::�,� ,� ® LJaP.c�,i;.��l
1 t I t t �lnClr.1�J11trtJt!!:willtUW1S
a 1 a:•��"� �l fGK.it 1R�"�I(t:!i�it lCll'�If�Qtl UG : f¢ R
ILI
�.., t•i �a r,,; il¢? 91•.i�F)tn :!La,i:I(•1nH alc�5>)�; �R Qll N
• it (��
:''Itttt v!'r#!I tc¢t13=a1R31:tII�I i�IEJ@A
EXECUTED IN DUPLICATE
Pi'OJEC1' 8602C Bond #BD41 5673
Premium: $288 . 00
FAITIIFJL PERFORMP&ICE i 4ND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, HECI as Principal,
and ALLIED MUTUAL INSURANCE CQMPAM
as Surety,
(bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in
tI.e sum of Ninteen Thousand and Two Hundred lawful money of the United States,
for the payment of which will and truly to be made, we bind ourselves, our
heirs, executors , successors and assigns, jointly and severally, firmly by
'_-hese presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS , the Principal has entered into a contract with the City dated
March L4— ._,1991 with the Obligee to do and perform the following work
to-wit:
TRAFFIC SIGNAL MODIFICATION
DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD
PROJECT 8602C
NOW, THERFORE, it the said principal shall well and truly perform the
work contracted to be performed under said contract, then this obligation
shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal
and Surety this 26th (lay of March , 1991.
(To be si.;ned by Principal and Surety. Notary acknowledgments required)
HECI
326 Commercial Street
San Jose, CA 95112
I
Principal
ALLIED MUTUAL \INSURANCE COMPANY
ur4t`y 1
r
Z�
By. ATHERI E GUS AV ON _
Attorney-In-Fact
The above bond is accepted and approved this day of ,1991.
Faithful Performance Bond Page 1 of 1
EXECUTED IN DUPLICATE
PROJECT 3602C
BOND YbD415673
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and HECI hereinafter
designated as "Principal" have entered into 3r are about to enter into a
contract providing for the installation, construction, and erection by
Principal of TRAFFIC SIGNAL MODIFICATION DE ANZA BOULEVARD at STEVENS CREEK
BOULEVARD, PROJECT 8602C, more particularly described in said contract; and
incorporated herein by reference.
-WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the Surety on said bond shall pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, WE, HECI as Principal,
and _ ALLIED MUTUAL INSURANCE COMPANY as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns,
jointly and severally, unto the City of Cupertino, and any and all
materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract hereinabove mentioned, and incorporated herein by reference, and
all persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of Ninteen Thousand and Two Hundred.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or
any and all damages arising under the original contract, then said Surety will
pay the same and also will pay in case suit is brought upon this bond, such
reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies,
ans corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Labor and Material Page 1 of 2
CORPORATE ACKNOWLEDGMENT NO 202
State of On this the da of �y
Y ✓L� 19&.before rne,
County of -------
the undersigned Notary Public,personally appeared
r
----personally known to me
proved to me on the basis of satisfactory evidence
to bip,.Jhe person(s)who executed the within instrument as
or on behalf of the corporation therein
' OFFICIAL SEAL named,and acknowledged to me that the corporatice executed it.
4' '° }JI N10TARY flU61 lC-0ALIFORNl1 WITNESS and and official seal.
'I' SAt4TA',Ir RA COUNTY
My Commission Expires Sept.5, 1992 -
N("tary's ture
ATTENTION NOTARY:Aithamh lhA inlonnxhon reoutsleii is OPTIOGN, „It could p ve vnnttt(t')J1IU!(n1 zltlar11-f-1 the/,:�`�btu,a�e 1.,ani lnei docl;menl.
THIS CERTIFICATE Title c), Typ of Document l,-f//'f��ZUL/t�.Q✓.
MUST BE ATTACHED Number of Pages 'L _. Date of Docurent
TO THE DOCUMENT -
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
7120 122 NATIONAL NOTARY ASSOCIATUN•8286 Rennet Awe.•P O.Box 7184•Canoga Park.CA 91304-7184
Labor and Material(continued)
PROJECT 8602C
' And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, tIti s instrument has pen duly executed iy the
Principal and Surety this L Ln l day of me , 19 y1
(To be signed by Principal and Surety. Notary acknowledgments required)
HECI
326 Commercial Street
San Jose, CA 95112
rincipal
AL,1- EQ MUTU I U�
y RANCE COMPANY
uret
By:(:
:�ERINE SON
Attorney-In-Fact
The above bond is accepted and approved this day of 11991.
P
Labor and Material Page 2 of 2
STATE- CALIFORNIAF CA On this..........th....day of......9�IdrCh............indw%,car..1.991
Santa Clara Sy' before me....C.h.e.ry.I., A....R 7.o.s................a Notary Pohlic,State`of California.
f f}`?NTY OF..Santa
""' drily licensed and sworn,personally appeared..Cat h e r.l n e G us t a vs G n
.................................................
1 pemnally known tome(or proved tome on the hasis oCsatisfactorr ovule heel to be the person
- Atto -i -Fact
who executed the within instrument as..........r...n e...Y. ...n.. .. . ...... ......
LF ...W
ocFtan�seuor on behalf of the corporation therein named and acknowledged to me that the corporation
CFiGRYL A. P.!0S ' executed it.
CTARY
PRIptIcF �hN1aIN WITNESS WHEREOF 1 have hereunto set my hand and affixed m} official seal
PR ti�fn, FPu o AG t,,t t r TY SantaClaratnthe...........................count of..,a*P'F?Cb LE .AL1t.H w I9?2 Ydate set forth above in this certificate.
PNotarvublic.State of Californct
My commission expires--a p_ -P Ill h p r 25 , 1992
Ct der,s Forr. 1p 2 --Acknowledgement to T'rua ppeumOm R orry a general formwhch may bo atop.,to,burn Snmpto Qansacwns and In no way UIS.or is int-o[CJ to act..15:,".ubStRu;e lo,+nC an,iCC
Public—('nrporatTon--(C.C.Secs 1190, of an aoomey Ttv pnntar Oo.s nol mako any warranty either esp,ess ,implied,at tp the legal caadny of any rtowvon ul the sm23Udoy of mess hums many
1190 1 fie.s 1 y:i spmaK oonsmon
Power of Attorney
Insurance
KNOW ALL MEN BY TIIIESE PRE'SLN(S A1,11,11A) Mmtml Insurance ('o!iipany. zi ci)rp0r:%fi0n organized
tinder the laws of the:hate of lowa,with its principal office in the (it. of Des Nloincs, Iowa, lit-roill:Ifter called "Company
oint Parly
does hereby make, constitute and appo;nl FRANCIS E.COOK 140NA1 D G. S1111NO
C.IA%VI-ON CATIff-AINF.GUSTAVSON
Cuff'ril-I I,\(), C.-k
each in his individual capacity, its true and lawful Attorney-In-Fact with full power and audlori-v to sign, seal, and exiLcule
in its behalf art,.. arid all bonds and undertakings and other obligatory instruments of'sirnilar nature (except bonds guaran-
teeing the payment of principal and interest of notes, mortgage bonds and mortgages)in penalties not the sum of
( S )
and to bind tile Company thercby,as fully and to the Sallie CXLC[lt as if such instruments were signed by the duly authorized
officers of'the Cottipany. and all acts of said Attorney pursuant to the authority hereby given ,!re hereby ratified and con-
finned.
Tl-is Power of Attorney is inade and executed pursuant to and by authority of the following I3%1-I-,n,--- duly tildoj,.�d)by the
Board of Directors of the Company.
ARTIC1.1i IN - ENI'CUTION OF CON'RACIS
Section 2. Honds, un leriakitios. and other obli,?atory instruments of similar nature, other than poLcics and endorsements, issued
by the Corporation shail be %3lidly executed and binding on the Corporation when signed by Lhe President, or a Vice President, or by
Auorne.y(O-In-Fact appointed by the President,or by a Vice President."
Section 3. The President, or a Vice President, shall have the Power to appoint agents of the Cornoration, or other persons, as
AttorrieN(3 1,-Itl-Facl to act on behalf of the Corporalion, in the execution of'bonds,undertakings.and other obligatory instruments ol-similar
nature, other than policies and endorsements with full power to Wild the Corporation by their signature and MCW1011 of any such insir-1.1-
triew. The appottil.nWilt of Such Attorney(s)-in-Fact shalt be accomplished by Powers of Attorney signed be the President,or a Vice Pres-
ident.
This Power of'Attorney is signed and scaled by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE I X - F X I-I*c U11 0 N 0 1:CO N'l R A C'T S
'Section 4.The Secretary, or an Assisuint Secretary, is authorized to certify that any such Power ol, Attorney so signed shall be
validly executed and binding on the Corporation;and to certify that any bond,undert akm,,,or obligatory insLrUll"11011t of similar nature,other
than policies and endorsements, to which this of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorncy(s)-In-Pict appointed by the President or a Vice President."
"Section S. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature,other Illati, policies and endorsements, signed on behalf of the Corporation by tlic President, or a
Vice ['resident,or Attor, fs)-Iri-Fact appointed by the President,or a Vice [)resident, or any Power of Attorney executed Gil behalf ol'the
Corporation appointing orney(s)-in-Pact to act for the Corporation,or of any certificate to be executed by the Secretary,or an Assistant
Secretary, as hereinabo%c .;i Section 2, 3. and 4 of this Article provided, that the corporate sea! be aftrxed to any such instrument but the
person authorized to sign such instrument may affix the corporate seal, ,in(,' a facsimile corporate seal affixed to any such instrument shall
be as effective and binding is the original seal."
"Section 0. A filC5111111C Sillll.-ItUr(v of the ['resident, or of a Vice President, affixed to any bond, undcruikin-, or obliLnitory instrument
of similar nature,other than policics and endorsements,or to a Power of Attorney signed by such President, or a Vice. President, as herein
in Sections 2 and 3 provided, or a facsimile sir nature of the Secretary, or of an Assistant Secretary to ariv certificate as herein it-,Section 4
provided,shall be cffc:tt%c and 1,111ding upon the Corporation with the same force and cl'fccl as thiC Orl"ITMI',JgrN1tUrcs of any such officers."
`Section 7, A facsirmic signature Of a former officer shall be of the same validity as that OF an offlicer, when affixed in any
policy Or endorsement, any bond Or Undertaking,, any ll(m er of Attorney or ccrtif-jeatc, as herein in Section 1,2. 3 ind 4 provided.-
IN WI VNE'S.S \N71 U!16-01-, the Conipaiiy has caused these presents to be signed by its President and its, corporate seal to
be hereunto affixed this 26 Jay of- %UCUST 1989
\LJAI MUTUAL INSURANCE CONIPA\Y
v {L�� --
0-:SEAL--0
STA-I 1: OF IOWA 0 Bv: I President
COUN FY OF 1301-K ss
*s
In
ItI189 More 11 personally Came John U. E in vans,to c known,Who,being by c duty sworn,
o ,Or,this 26 day f AUGUS-1. I - -
did depose and say that.tic is President of'AU-1 FD Mutual I SU rance Company,the corporation described in and which executed the above
instrument;that lie knows the soil of said corporation, that ,0 seal affixed to said instrument is such corporation sea);that it%vas so affixed
pursuant io authority given by the Board of Directors of said corporation and that he has sigiked [Its name thereto PUI-Stlallt to like author-
tt.v,and acknowledged the same to be the act and deed of said corporation.
S. A. Denning
S. A. DENNING Notary Public in -4.9 file State of I va
MY COMMISSION EXPIRES
4-13-92 — I CE-T,"FIFICATE
1, the updersigned.Secretary ofALLIFI) Mutual Insurance Company,a corporation organized tinder the laws of the
State of Iowa, dr) hereby certify that the foregoing Power of Attorney is still in force, and Rit-ther certify that Section 2, 3,4,
5, 6 and 7 of Article IX of tile By-Laws of the Conipany set lorth in said Power of Attorney are still iii force.
IN TF.STINIOINY WHEREOF, I have subscribed illy name arid affixed the seal of the conipall
th'--' 2 6 t h day of M a r c h ' 19 91
0404 SEAVA
# I. 0
This Power of A es Attorney expires 10 Secretary
06101 08126192
Rd 1 (06-89)nO
cn•trysj F
S;•i�S i 61 �I A_• 4. .• -_ I
CITY OF CUPERTINO
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
PROJECT 8602
TRAFFIC SIGNAL MAINTENANCE
VARIOUS INTERSECTIONS
CITY WIDE
BID OPENING
2:00 P.M.
TUESDAY
May 14, 1991
Bert J. Viskovich, Director of Public Works
City Hall
10300 Torre Avenue
Cupertino, California 95014
SIGNAL _..
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
Notice to Contractors
Proposal
Bidder Qualification Form
Sub-Contractors Form
Bidder's Signature Form
B. SPECIAL PROVISIONS
Table of Contents
GENERAL CONDITIONS
Definitions of Terms
Insurance and Bonds
SPECIAL CONDITIONS
Statement of Work
Prosecution of the Work
Materials and Workmanship
Measurement and Payment
Index
C. AGREEMENT
A. BID DOCUMENTS
NOTICE TO CONTRACTORS
SIGNAL P�4r� i�f?'EN,,IitCC
3395 ,I4 C! c T.
City of Cupertino SANTA CUD,11,
10300 Torre Avenue
Cupertino, California 95014
TRAFFIC SIGNAL MAINTENANCE, on `JARIOUS INTERSECTIONS at CITY WIDE, PROJECT
8602.
The City of Cupertino, Santa Clara County, California, invites sealed
proposals for the construction of the work as delineated on the Plans and/or
in the Specifications, entitled TRAFFIC SIGNAL MAINTENANCE, on VARIOUS
INTERSECTIONS at CITY WIDE, PROJECT 8602.
Plans, Specifications and Contract Documents may be reviewed and copies
of same may be obtained at the office of the City Engineer, City of Cupertino,
10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special
attention of bidders is directed to Section 7 of the General Provisions for
full directions as to bidding.
Sealed proposals will be received at the office of the City Clerk, City
Hall, City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M. on
May 14, 1991, at which time they will be publicly opened and the comparative
totals read.
All proposals or bids shall be accompanied by cash, a cashier's check or
certified check payable to the order of the City of Cupertino, in the amount
of ten percent(10%) of the bid, or by a bond in said amount payable to the
City of Cupertino. Said bond shall be signed by the bidder and a corporate
surety, or by the bidder and two(2) sureties who shall justify before any
officer competent to administer an oath, in double said amount and over and
above all statutory exemptions. Said cash or check shall be forfeited or said
bond shall become payable to the City in case the bidder depositing the same
does not enter into a contract with the City within ten(10) days after written
notice that the Contractor has been awarded the contract.
All bids shall be compared using the estimated quantities prepared by the
Engineer and the Unit Prices submitted. No incomplete nor interlineated
proposal or bid will be accepted. Bidders are required to bid on all items of
the proposal.
No federal funds are involved in this project, therefore, bids submitted
shall be invalidated by the failure of the bidder to be licensed in accordance
with the laws of the State of Caiifornia,
No bid will be awarded to a Contractor who is not licensed in accordance
with the provisions of Division 3 of Chapter 9, "Contracts" of the Business
and 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.
Notice to Contractors Page 1 of 2
BID DOCUMENTS(continued)
PROJECT 8602
All bids received will be reported to the City Council of Cupertino
within thirty(30) days of receipt, at which time the City Council will review
and act upon the bids submitted. Award, if any, will be made to the
responsible bidder whose proposal is most advantageous to the City.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or to
increase or decrease the quantity of any item thereof in conformance to the
Standard Specifications and these Special Provisions.
The Contractor .hall furnish to the City a faithful performance bond and
a labor and material bond as required in the specifications.
It shall be mandatory upon the Contractor to whom the contract is
awarded, and upon all sub-contractors, to pay no less than the general
prevailing wage rates to all workers employed in the execution of the
contract as provided for in Section 7-1.01A of the Standard Specifications.
Payments to the Contractor will be 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 material or workmanship required by the
Contract.
Pursuant to Section 4590 of the California Government Code, the
Contractor will be permitted, upon request and its sole expense, to substitute
securities for any moneys withheld by the City to ensure performance under the
Contract. Said securities will be deposited either with the City or with a
state or federally chartered bank as escrow agent,.
Securities eligible for this substitution are those listed in Section
16430 of the California Government Code or bank or savings and loan
certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by the Contractor
and the City. The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
CITY OF CUPERTINO
By: / -/< i ` :.___. Date: April 24, 1991
City Clerk /
Published: May 1, 1.991
May 8, 1991
Notice to Contractors Page 2 of 2
SIGNAL MA!NTEid;AN CE INC.
3395 VISO CT
SANTA CLARA, CALIF. 95054
BID DOCUMENTS(continued)
PROJECT 8602
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MAINTENANCE at VARIOUS
INTERSECTIONS, CITY WIDE, PROJECT 8602, I, the undersigned, hereby declare
that I have read the proposal requirements, visited the site, and examined all
of the above documents. I, the undersigned.. hereby propose to do all work
required to complete the project in accordance with the Plans, Specifications
and/or Special Provisions for the prices set forth in the following schedule.
I further understand that said prices include all costs including, but not
limited to, local, state and federal taxes or transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct- to completion
and in working usable order the TRAFFIC SIGNAL MAINTENANCE at VARIOUS
INTERSECTIONS, CITY WIDE, PROJECT 8602 as described in the contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The -)id prices foi this project shall be as outlined on the
following pages.
Proposal Page 1 of 6 SIGNAL MAINTENANCE Mr,
3395 DISC (J'f.
SANTA CLARA, CALIF. 95054
BID DOCtdMMS(Continued)
PROJECT 8602
BID ITEMS FOR
TRAFFIC SIGNAL MAINTENANCE
ESTIMATED UNIT ESTIMATED
ITEM UQ ANTITY UNIT PRICE ANNUAL COST
I. Preventive Maintenance for
Forty-five(45) Traffic 540 signal/
Signals (45 x 12 months) months Per/Each 95.40 $ 51,516.00
II.Traffic Signal Repair/Accident
Damage Repair
A. Materials $40,000.00 $ 40,000.00
1. Materials Markup: $40,000.00 x Percent 15 g $^ 6,000.00
B. Labor, Straight Time:
1. Signal Maintenance
Supervisor 40/Hours Per/Hour 38.62 $ 1,544.80
2. Signal-Technician 400/Hours Per/Hour 31.88 $ 12,752.00
3. Signal Maintainer 200/Hours Per/Hour 31.88 $ 6,376.00
4. Signal Laborer 200/Hours Per/Hour 31.88 6,376.00
C. Labor, Overtime:
5. Signal Technician 60/Hours Per/Hour 50.04 $ 3,002.40
6. Signal Maintainer 20/Hours Per/Hour 47.82 $i 956.40
7. Signal Laborer 20/Hours Per/Hour 47.82 $ 956.40
D. Vehicles & Equipment:
8. Service Ladder Truck 300/Hours Per/Hour 10.62 _ $ 3,186.00
9. Service Ladder Truck 10/Days Per/Day 53.10 $ 531.00
10. Boom/Ladder Truck 10/Hours Per/Hour 28.60 $ 286.00
11'. Boom/Ladder Truck 10/Days Per/Day 143.00 $_ 1,430.00
12. Hydraulic Lift Truck 20/Hours Per/Hour 22.00 $ 440.00
13. Hydraulic Lift Truck 10/Days Per/Day 110.00 $ 1,10%.00
14. Rental Equipment
Overhead $1,000.00 Percent 15 $ $ 1,150.00
Estimated Annual Total $ 137,603.00
Proposal Page 2 of 6
SIGNAL MAINTENANCE INC.
3395 VISO CT.
SANTA CLARA, CALIF. 95054
BID DOCUMENTS(Continued)
PROJECT 8602
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Cade which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply w'':h such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ 14,000.00 , which amount represents ten percent(10%) of
the total amount of ':he bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
President of Signal Maintenance, Inc.
(title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder o-
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, iirectly or indirectly, submitted the bid price or a,ly
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, arty fee to any corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
SIGNAL MAIN j CI-9 'N(C__ i I('- Proposal Page 3 of 6
3395 VISO i;i.
SANTA CLI ;A, CALIF, 95M
AID DOCUMENTS(Continued)
PROJECT 8602
BIDDER UALIFICATION FORM
In further compliance with the specifications furnished, I, the
undersigned, submit the follow4--g statements as to my experience and
qualifications to perform this work as a part of this proposal. The
truthfulness and accuracy of this information is hereby guaranteed.
My organization has been in business under its present name for
19 years.
Our experience in work comparable with that required by the proposed
contract is 19 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is 23 years operating under the following different
business name(s) . ;
Signal Maintenance2 Inc.
272D E Regal Park Drive
Anaheim. CA 92806
My California Contractor's License Number is 274629
The classification of this License is C10-A
The expiration date for this License is 9-30-91
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
1990 Signal Maintenance - City of Cupertino $ 50,000
1990 Signal Maintenance - City of Sunnyvale $100,000
1990 Signal Maintenance - City of Santa Clara 68,900
19An Signal Maintenance - City of Fremont _ 92.000
1990 Signal Maintenance - City of Hayward 62,000
1990 Signal Maintenance - city of Mountain View _ 42,600
1990 --Signal Maintenance - City of Pleasanton 64,500
1990 Signal Maintenance - City of Foster City 22,500
1990 Signal Maintenance - City of Salinas 51,000
Proposal Page 4 of 6
SIGNAL MAIfdTENANCE INC.
3395 VISC CF.
SANTA CLARA, CALIF. 9')054
BID DOCUMENTS(Continued)
PROJECT 8602
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.58) of the total bid are listed below. Only those listed
below shall perform work on this project and each of them has been provided
with a full and complete set of plans and specifications fir this project by
the bidder.
1. Name NONE
Address
Work to be Performed
2. Name
Address
Work to be Performed
3. Name
Address _
Work to be Performed _
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
SIGNAL MAINTENANCE INC.
3395 ViSO CT.
SANTA CLARA, CALIF. 95054
BID DOCUMENTS(Continued)
PROJECT 8602
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORA►TE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS_ NAME OF BUSINESS
Signal Maintenance, Inc. William C. Sondergard, President - Evan Kraus,
CORPORATION :Secretary -Edwin Walters, Treasurer - Hossein Moradkhani, Manager
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: William C. Sondergard - President
(Print or. Typc Name)
Gcir
(Signature
Date: May 10, 1991
Address(mailing & location) Signal Maintenance, Inc.
: 3395 Viso Court
Santa Clara CA_ 95050
Telephone Number : ( 408 ) 988-5541
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
SIGNAL MAINTENANCE INC.
3395 VISO CT.
SANTA CLARA, CALIF. 95054
PROJECT I .D. Project 8602- Traffic Signal Maintenance�_Various - City Wide
CONTRACTOR' S LICENSING STSTA�'II`ZENT
The undersigned corporate officer , declares under penalty of perjury
that the following information is true and correct .
CONTRACTOR' S NAME: SIGNAL MAINTENANCE, INC .
BUSINESS ADDRESS : 2720 E. REGAL PARK DR. ANAHEIM, CA 92806
TELEPHONE: (714) 630-4900
STATE CONTRACTOR' S LICENSE NO. AND CLASS : 274629 C10-A
EXPIZATION DATE: 9-30-91
opor
SIGNED: _ 5_10-91____
TITLE: President
SIGNAL MAINTENANCE INC.
3395 VISO CT.
SANTA CLARA, CALIF, 95054
lam►
r '
� n
oz
. ' BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO..
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TOR-RE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I, the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, 'Local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Gupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
'roposal Page 1 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal pales and hardware will be delivered to the ,job site for
installation on or before JU N 1 , 19-qt-.
2. The traffic signal system will be complete and operating on or
before .JU N E 14. 19CL.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification:
TWENTY FOUR THOUSAND, AND
EIGHTY EIGHT & 00/100*****
Dollars 'Lump Sum
TOTAL: S*24 , 088. 00
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to proviee all necessary
machinery, tools, apparatus, and other means of construction .nd to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, dec.lae that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ lFtsl PER.CLUT , which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
FRANK A. GARCIA
PRESIDENT of __SIGNAL ELECTRIC CONSTRUCTION, INS.
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in tha bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown _hereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in business under the present name for 1 , years.
Our experience in work comparable with that required by the proposed
contract is One years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is 16 years operating under the following different
business name(s) .
My California Contractor's License Number is 597035
The classification of this License is C-10
The expiration date for this License is 6-30-92
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
90 IS PASEO PADRE PW @ WHITEHEAD LN IN FREMONT 59, 500
90 'I'S SANTA TERESA @ DUNN AVE IN CITY SAN JOSE 75 , 000
91 TS ZANKER AVE @ PLUMERIA DR IN SAN JOSE 99, 900
90 TS MONTAGUE EXPW WIDENING FOR COUNTY SANTA CLARA 49, 000
91 TS GREAT AMERICA PW @ MTN VIEW-ALVISO CITY S. CL 69, 900
Y i
Proposal Page 4 of 6
BID DOCUMENTS(Continued)
PROJEC" 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount_ in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name NONE
Address
Work to be Performed
2. Name
Address
Work to be Performed _
3. Name
Address
Work to be Performed
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION SAN JOSE SIGNAL ELECTRIC CONSTRUCTION, INC.
W-p"rAMM "CORPORATION"
7MVIVAL FRANK A. GARCIA - PRESIDENT
/J/0/"17F " FRANK A. GARCIA - SEC/TRES
OTHER
(Describe)
Name and Signature of Bidder: FRANK A. GARCIA- PRESIDENT
(Print or Type Name)
(Signature)
Date: 3-12-91
Address(mailing & location) P.O. BOX 611525
SAN 7OSR CA 951C21-1525
50C FOSS AVENUE
SAN JOSE CA 95116
Telephone Number : ( 408 ) 929-4900
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
•BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I, the Undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I Further understand that said prices include all costs
including, but not limited to, local, state ane federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices, In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages,
Proposal Page 1 of 6
'BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles aid ha dware will be delivered to the job site for
installation on or before une rd. 19 91
2. The traffic signal system will be complete and operating on or
before June a;at_ 19 91•
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino '.iquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED (QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification:
Twenty Five Thousand Nine Hundred $ 25,956.00
Fifty Six no Cent.
Dollars Lump Sum
TOTAL: $ 25,956.00
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or frau6.
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
portico of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
'BID DOCUMENTS(Continued)
PROJECT 8602C
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ 101 of Bid which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
Vice President Sales/Engineering of ARC ELECTRIC COMPANY
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid,
Proposal Page 3 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I . the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in business under the present name for 64 years.
Our experience in work comparable with that required by the proposed
contract is 19 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
N/A
My California Contractor's License Number. is 162705
The classification of this License is C-10
The expiration date for this License is 9/30/92
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
1990 Signals, Valparaiso & E1 Camino, Menlo Park - West Bav Const. $ 33,000.00
1990 Signals & Street Lights, Texas St. City of Fairfield $600,000.00
1990 Signals, Middlefield _& Oakgrove, Town of Atherton $ 60,000.00
Golden Bay Const.
1990 Signals & Street Lights, Willow Glen Streetscape, San Jose $200,000.00
Proposal Page 4 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of. the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in _xcess of one-half
of one pereent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name Golden Bay Construction
Address 1200 Industrial Road, Suite 1, San Carlos, CA. 94070
Work to be Performed Concrete
2. Name
Address
Work to be Performed
3. Name _
Address
Work to be Performed
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of. 6
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION ARC ELECTRIC COMPANY, INC.
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: James C. Peak _
(Print or Type Name)
C
(Signature)
Date: 3/12/91
Address(mailing & location) : ARC ELECTRIC COMPANY, INC.
1,330 Marsten Road
Burlingame, CA. 94010
Telephone Number : ( 415 ) 347-9081
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
A. BID DOCUMENTS
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
TRAFFIC SIGNAL MODIFICATION, on DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD,
PROJECT 8602C.
The City of Cupertino, Santa Clara County, California, invites sealed
proposals fot the construction of the work as delineated on the Plans and/or
in the Specifications, entitled TRAFFIC SIGNAL MODTFICATIOP on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C.
Plans, Specifications and Contract Documents may be kewee And copies
of same may be obtained at the office of the City Engine-- r -ry Cupertino,
10300 Torre Avenue, Cupertino, CA 95014, at no cost t;- 0-,e- 7iddnr. Special
attention of bidders is directed to Section 7 of the Ce.-!ral Pro-NIsions for
full direc'-ions as to bidding.
Sealed proposals will be received in the Public Works Office, City
Nall, City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M. on
March 12, 1991, at which time they will be publicly opened <.nd the comparative
totals read.
All proposals or bids shall be accompanied 1-y cash, a cashier's check or
certified check payable to the order of the City of Cupertino, in the amount
of ten percent(1.0%) of the bid, or by a bard in said amount payable to the
City of Cupertino. Said bond shall be signed by the bidder and a corporate
surety, or by the bidder and two(2) sureties who shall ,justify before any
officer competent to administer an oath, in double said amount and over and
above all statutory exemptions. Said cash or check shall be forfeited or said
bond shall become payable to the City in case the bidder depositing the same
does not enter into a contract with the City within ten(10) days after written
notice that the Contractor has been awarded the contract.
All bids shall be compared using the estimated quantities prepared by the
Engineer and the Unit Prices submitted. No incomplete nor interlineated
proposal or bid will be accepted. Bidders are requir,�d to bid on all items of
the proposal.
No federal funds are involved in this project, therefore, bids submitted
shall be invalidated by the ,failure of the bidder to be licensed in accordance
with the laws of the State of California,
No bid will be awarded to a Contractor who is not licensed in accord' - ce
with the provisions of Division 3 of Chapter 9, "Contracts" of the Busi,.-,ss
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.
Notice_ to Contractors Page 1 of 2
C V E , iNG.
2000 OLD OAKL.AND RD.
SAN JOSE, CA. 95131-1686
BID DOCUMENTS(continued)
PROJECT 8602C
All bids received will be reported to the City Council of CuDo rtino
within thirty(30) days of receipt, ac which time the City Council will review
and act upon the bids submitted. i%-iard, if any, will be made to the
responsible bidder whose proposal is most advantageous to the City.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or to
increase or decrease the quantity of any item thereof in conformance to the
Standard Specifications and these Special Provisions.
The Contractor shall furnish to the City a faithful performance bond and
a labor and material bond as required in the specifications.
It shall be mandatary upon the Contractor to whom the contract is
awarded, and upon all sub-contractors, to pay no less than the general
prevailing wage rates to all workers employed in the execution of the
contract as provided for in SQct_ion 7-1.01A of the Standard Specifications.
Payments to the Contractor will be made in cash by said City upon
submission by the Contractor and approval by the Engineer of a progress
billing which reflects the value of the work comple`ed. The progress payments
made as work progresses will be payments on account and will not be considered
as an acceptance of any part of the material or workmanship required by the
Contract.
Pursuant to Section 4590 of the California Government Code, the
Contractor will be permitted, upon request and its sole expense, to substitute
securities for any moneys withheld by the City to ensure performance under the
Contract. Said securities will be deposited either with t)%e City or with a
state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in Section
16430 of the California Government Code or bank or savings and loan
certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by the Contractor
and the City. The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
CITY OF CUPERTINO
6
1"
By: _ O Date:
City Clerk 1
Published: MARCH 6, 1991
Notice to Contractors Page 2 of 2
CVE , INC.
2000 OLD OAKLAND RD.
SAN JOSE, CA. 95131-1686
BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications anal/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602.C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I , the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work -.rill
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on PE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 6
C V E, INC.
2000 OLD OA�ZLAND RD.
6AN JOSS, CA. 95131-1686
BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles and hardware will be delivered to the job site for
installation on or before 8 -2/ , 1991 .
2. The traffic signal system will be complete and operating on or.
before-8 , 19-u-.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each �,,t:d every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification: 'Z3)0q 23,0g4-
TUENTV THREE T CUSAND
AND NINLP! FWR
Dollars Lump Sum
TOTAL: $ ?_3 q4--
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, dec'.are that this bid is made without connection with
any person, firm, or corpoi .tion making a bid for this work, and is =n all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and T will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
C V E, INC.
2000 OLD OAKLAND RD.
SAN JOSE, CA. 95131-1686
BID DOCUMENTS(Continued)
PROJECT 8602C
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ Z.3 09 4-0 which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLUTSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
PIVIAS? A. SCHA NIR'T, PR%S SENT of Me INC. ,
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership; company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
CVE , INC.
2000 OLD OAKLAND RD.
SAN JOSE, CA. 95131-1686
• BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished. I, the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in business under the present name for /8 years.
Our experience in work comparable with that required by the proposed
contract is /8 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
My California Contractor's License Number is 2 78 74 7
The classification of this License is G - /y
The expiration date for this License is '7- 3 /-
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar ir. character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed "ount
1990 r,FCT TCAT , T.D. 04-SCL-82. TAMARACK CT. . STATE OF CALIF. 88,000.00
];Qn Fj.Fc-TRTCAl,, HAMTT.TnN PLAZA IN CAMPAELL-, WALSH BLDG. $28,500.00
1990 ELECTRICAL, CARABELL PARK IN SAN JOSE, GATEWAY CONST. $2,468 .00
1989 TRTCAL. CAMDEN & LEXLAND PARK DR. , GALEB PAVING $29,000.06
_IQA() ri.R("i`RTCA _ T_5�_ Qj TT3 n & RULKNAi.T. RD_ , DTVT_DEND DEVELOPMENT $45,000.00
1988 LL ECTRTCAL_ . I.D. #04-SCR-1, 41ST AVE. , STATE OF CALIF. $156,971.00
AAA F71.E.CTRTCAT._ T_r) #04-SM-82- FT. CAMINO . STATE OF CALIE. $341,063.00
1988 Wr kr'TRTr'A1- T:RF'Mi;IN'j AVE- WTDFWTn1r ,, CTTY [1F Mint iYVAF.F $771 -8Q2_D0
Proposal Page 4 of 6
C V E. INC.
2000 OLD OAKLAND RD.
SAN J®SE, CA. 85131-1686
BID DOCUMENTS(Continued)
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name J 4/7t-3 D /A Z ?,4/N / /N67
Address 7-G Z 0 4/,27 012, C 14 I-IP 134=44 C/' S jro08
Work to be Performed
2. Name 1Z,1ci. =i' c o�c��/'2 2 c C c.•%j r G
Address 6�JQ Cc,ui✓ Q..i2/' f0o5Li y/.t t�'c A 5 s GG ✓
Work to be Performed L omit s�cJ i�G.
3. Name
Address —
Work to be Performed
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
CVE , INIC.
2000 OLD OAKLAND RCS.
SAN JOSE, CA. 95131-168A
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASi3RER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION NE, INC.
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: W{LL1AM A SCHAMIRT, PRIII ST ,11*
(Print or Type Name)
(Signature)
Date: .3 - /L
Address(mailing & iccation) PO 8 o 0 210
20M OLD OAKLAND RD.
SAN :LOSE, CA. 951314 8
Telephone Number : ( )_ 4MY M-1400
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 S 9 10
Proposal Page 6 of 6
BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL '_MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and xamined all of the above documents. I, the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents,
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 6
ROSENDIN INC.
'BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles and hardware will be delivered to the job site for
installation on or before
2. The traffic signal system will be complete and operating on or
before u N 19�.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTIT7sS
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification:
NINETEEN THOUSAND SIX HUNDRED
FIFTY-SEVEN AND NO/100
Dollars Lump Sum
TOTAL: $ 19,657.00
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I. the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
R0SEIND";N EEEf2i 1'i'k' INC.
-BID DOCUMENTS(Continued)
PROJECT 8602C
bid rand. or surety, payable to the City of Cupertino, in the amount of
$ SO ([) o which amount represents ten percent(108) of
the total amount of-the bid as required by law and this Notice to. Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
AGE PRESIDENT of ROSENDIN F1 ECIRIC ING
(business title) (business nab
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any ovo rhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
bTr�akdown thereof, or contents thereof, or divulged information or data
r:lative then,.to, or paid, and will not pay, any fee to any corporation,
lartnership, company, association, organization, bid depository, or to any
4ember or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
ROSENDIN ELECTRIC, INC.
91-014 TRAFFIC SIGNAL MAINTENANCE 2 of 5
PROJ.8602
BID DOCUMENUS(Continued)
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliancE with the specifications furnished, I, the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in business under the present name for c�7$ i years.
Our experience in work comparable with that required by the proposed
contract is J5 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
My California Contractor's License Number is 142t38.1
The classification of this License is
The expiration date for this License is ,/ - U-
Where federal funds are involved, no birs submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work s-4.milar in charac_er to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
BSTeu
1 liV4 Pk
Proposal Page 4 of 6
ROSENDIN EEC CT? C, INC.
BID DOCUMENTS(Continued)
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire.
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
I. Name AM ES
Address G S t _ �S A AI 7 O S c', C�Q
Work to be Performed S 1 GNRL- l7&46 �i91 AltlN6
2. Name
Address
Work to be Performed
3. Name
Address
Work to be Performed -
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name _
Address
Work to be Performed _
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
ROSENDIN ELECTRIC, INC.
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION ROSENDiN ELECTRIC, INC.
CO-PARTNNERSHIP:
INDIVIDUAL ROSENDIN EEECIr"L;' INC:.
- PRESIDENT
JOINT VENTURE L M. ROSE"M — .EX V. PRE$,
OTHER
(Describe)
Name and Signature of Bidder: -wO/"/ 01 C) F FE E-
(Print or Type Name)
ignature)
Date: 3 oZ
P. 0. BOX '-°_,_.K �
Address(mailing & location)
880 N. MPIL.�W3*I IiL) , SAN JQ'S CA g51'3
Telephone Number : ( ) (408) 286-2300
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
ROSENDIN ELECTRIC, INC.
•BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
in compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I, the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that thy, quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail And shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 6
, BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles and hardware will be delivered to the job site for
installation on or before iVA 0,-A '-I Ut, , 19 `i .
2. The traffic signal system will be complete and operating on or
before iV]AA ram, , 19E,.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN U14IT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification:
Dollars Lump um
TOTAL: $
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that cod., and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ BIDDER'S BOND which amount represents ten percent(108) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
PRESIDENT of CUPERTINO ELECTRIC, INC.
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization., bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
BID DOCL'MENTS(Continued)
PROJECT 8602C
BIDDER 9tTALIFICATION FORM
In further compliance with the specifications furnished, 1, the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in Laciness under the present name for 36 years.
Our experience in work comparable with that required by the proposed
contract is 4 years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is N/A years operating under the following different
business name(s) .
My California Contractor' s License Number is 174637
The classification of this License. is C-1 0
The expiration date for this License is 1-31-92
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Lo+ration of Work and for Whom Performed Amount
Please see attached
Proposal Page 4 of 6
CUPERTINO ELECTRIC INC.
7 114 EAST EVELYN AVENUE • SUNNYVALE, CALIFORNIA 94086 • 408!99 1-1000 • FAX 408!245-3430 • LICENSE NUMBER 174637
STREET LIGHTING PROJECTS
Project Owner/Developer Contract
04-SCL-101-30.5/31.7 Caltrans $309,061.46
ANGEL/BEEFIER STREETS City of Cupertino $ 7,941.00
PLAZA PARR IMPROVEMENTS City of San Jose $327,108.06
CAMINO RAMON IMPROVEMENTS City of San Ramon $ 26, 158.00
SAID TOMAS EXPRESSWAY County of Santa Clara $549, 145.24
TRACT 8127 - LOS GATOS Roma Construction $ 11,495.00
LOS GATOS BLVD. IMPROVEMENTS Town of Los Gatos $252,209.77
TRACT 8101 - SAN JOSE H. L. Powell $ 5,554.00
CENTRAL CONTROL T.S. City of Santa Clara $372,637.28
VALLCO @ TANTAU T.S. Grosvenor/Rudolph & Sletten $ 93,346. 00
TRACT 8129 - MOUNTAIN VIEW Duran & Venables 3,448. 50
SCOTTS VALLEY @ GRANITE CRR. Toeniskoetter & Breeding $ 82,714.00
EL CAMINO @ CAMPBELL Sobrato Development $ 25,065.08
EMERGENCY GENERATOR/PUMP City of Pleasanton $ 46,885.00
BROORMEADOW NO. 6 - LIVERMORE Smith & Denison $ 9,440. 12
STONESTOWN BUILDING F Shooter & Butts $ 44 ,731. 00
SAN RAMON VALLEY BOULEVARD City of San Ramon/O.C.Jones $ 52,444 .00
VETERANS PLAZA City of Pleasanton/Consolid. $ 12,649. 00
LUNDY @ BROKAW ROAD Oliver de Silva Inc. $ 45,953 . 13
TRACT 8221 - SAN JOSE Pan Cal Investment Co. $ 12,988.00
PORTAL PLAZA - CUPERTINO Yamaoka Builders $ 49, 139.59
(rev 080290)
file forms\clsdjobs
BID DOCUMENTS(Continued) 7i
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name
Address
Wcrk to be Performed
2. Name
Address
Work to be Performed _
3. Name
Address
Work to be Performed
4. Name
Address
Work to be ?erformed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION CUPERTINO ELECTRIC, INC.
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: JAMES S. RYLEY RESIDENT.
(Print 7ame)
r
(Signsoto
Date:�MARCH 12 91
1
Address(mailing & location) 714 E. EVELYN AVENUE
SUNNYVALE, CALIFORNIA 94086
(mailing & location same)
Telephone Number ; ( 408 ) 991-1000
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
O
CITY OF CUPERTINO
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
PROJECT 6602C
TRAFFIC SIGNAL MODIFICATION
DE AN7A BOULEVARD AT STEVENS CREEK BOULEVARD
BID OPENING
2:00 P.M.
TUESDAY
March 12, 1991
Bert J. Viskovich, Director of Public Works
City Hall
10300 Torre Avenue
Cupertino, California 95014
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
Notice to Contractors
Proposal
Bidder Qualification Form
Sub-Contractors Form
Bidder's Signature Form
B. GENERAL PROVISIONS
Adoption of Standard Specifications
Headings and Citations
Definitions of Terms
Prosecutions and Progress of the Work
Control of the Work
Legal Relations and Responsibilities to the Public
Proposal and Award of Contract
C. SPECIAL PROVISIONS
Location
Scope of Work
Order of Work
Time of Completion and Liquidated Damages
Preconstruction Conference
Inspection and Inspection Costs
Traffic Control
Record Drawings
Permits
Warranty
Estimated Quantities
Explanation of Bid Items
Review and Approval Signatures
A. BID DOCUKENTS
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
TRAFFIC SIGNAL MODIFICATION, on DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD,
PROJECT 8602C.
The City of Cupertino, Santa Clara County, California, invites sealed
proposals for the construction of the work as delineated on the Plans and/or
in the Specifications, entitled TRAFFIC SIGNAL MODIFICATION, on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C.
Plans, Specifications and Contract Documents may be reviewed and copies
of same may be obtained at the office of the City Engineer, City of Cupertino,
10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special
attention of bidders is directed to Section 7 of the General Provisions for
full directions as to bidding.
Sealed proposals will be received at the office of the City Clerk, City
Hall, City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M. on
March 12, 1991, at which time they will be publicly opened and the comparative
totals read.
All proposals or bids shall be accompanied by cash, a cashier's check or
certified check payable to the order of the City of Cupertino, in the amount
of ten percent(10%) of the bid, or by a bond in said amount payable to the
City of Cupertino. Said bond shall be signed by the bidder and a corporate
surety, or by the bidder and two(2) sureties who shall justify before any
officer competent to administer an oath, in double said amount and over and
above all statutory exemptions. Said cash or check shall be forfeited or said
bond shall become payable to the City in case the bidder depositing the same
does not enter into a contract with the City within ten(1.0) days after written
notice that the Contractor has been awarded the contract.
All bids shall be compared using the estimated quantities prepared by the
Engineer and the Unit Prices submitted. No incomrlete nor interlineated
proposal or bid will be accepted. Bidders are required to bid on all items of
the proposal.
No federal funds are involved in this project, therefore, bids submitted
shalt be invalidated by the failure of the bidder to be licensed in accordance
with the laws cf the State of California,
No bid will be awarded to a Contractor who is not licensed in accordance
with the provisions of Division 3 of Chapter 9, "Contracts" of the Business
and 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.
Notice to Contractors Page I of 2
BID DOCUMENTS(continued)
PROJECT 8602C
All bids received will be reported to the City Council of Cupertino
within thirty(30) days of receipt, at which .:ime the City Council will review
and act upon the bids submitted. Award, if any, will be made to the
responsible bidder whose proposal is most advantageous to the City.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or to
increase or decrease the quantity of any item thereof in conformance to the
Standard Specifications and these Special Provisions.
The Contractor shall furnish to th:- City a faithful performance bond and
a labor and material bond as required in the specifications.
It shall be mandatory upon the Contractor to whom the contract is
awarded, and upon all sub-contractors, to pay no less than the general
prevailing wage rates to all workers employed in the execution of the
contract as provided for in Section 7-1.O1A of the Standard Specifications.
Payments to the Contractor will be made in cash by said City upon
submission by the Contractor and approval by the Engineer of a progress
billing which reflects the value of the work completed. The progress payments
made as work progresses will be payments on account and will not be considered
as an acceptance of any part of the material or workmanship required by the
Contract.
Pursuant to Section 4590 of the California Government Code, the
Contractor will be permitted, upon request and its sole expense, to substitute
securities for any moneys withheld by the City to ensure performance under the
Contract. Said securities will be deposited either with the City or with a
state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in Section
16430 of the California Government Code or bank or savings and loan
certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by the Contractor
and the City. The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
CITY OF CUPERTINO
By: Date:
City Clerk
Published: MARCH 6, 1991
Notice to Contractors Page 2 of 2
r
BID DOCUMENTS(continued)
PROJECT 8602C
C, whdJfdfTY ELECTRIC,INC.
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE A.NZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I, the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to omit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
t(itals are only used as a means to compare bids and are subject to change if
errors are found in the extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bit: iten. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 6
BID DOCUMENTS(Continued) COMMUNITY ELECTRIC,WC,
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles and hardware will be delivered to the isb site for
installation on or before (m 2 19.2L.
2. The traffic signal system will be complete and operating on or
before G- 7-6 , 19�.
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the late the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process.
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
°=
1. One(1) L.S. Traffic Signal Modification: 2 2 31Cn ` 23fI
04=fir 7;,,0 'Av[.cn tA
Dollars Lump Sum
TOTAL: $ 2 3, t{�Z SO
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C Cr"A!,-,L!NlTY ELECTRIC,INC.
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ BIDDERS BOND , which amount represents ten percent(10%) of
the total amount of the bid as required by law and this Notice to Contractors.
N0NC0'LLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
WADE L.WHITE COfU MUNi'TY MECTRIC,WG.
PjesldAnt of
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
BID DOCUMENTS(Continued) ' �!�r4ITY ELEGTH IC, NG,
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the
undersigned, submit i:he following statements as to my experience and
qualifications to perform this work as a Fart of this proposal.
We have been in- business under the present name for 1 years.
Our exper ence in work comparable with that required by the proposed
contract is — years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
business name(s) .
BIDDER'S LICENSE NUMBER IS 323345
CLASSIFICATION C-10,C45
THE LICENSE EXPIRATION DATE IS Sal V 1.
THE REPRESENTATIONS MADE HEREI.4 ARE
MADE UNDER PENALTY OF PERJURY.
My California Contractor's License Number is 323345
The classification of this License is ��� C"(�
The expiration date for this License is 0 S'31"gf
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
requir,. d in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work
and
� _for Whom Performed Amount
Proposal Page 4 of 6
r Y
community electric, Inc. CA LC 323345
2143 east irandsco b!vd. • san lataell, ca 94901
(I15j 257 300() fA)( 14151257 302%
RECENTLY COMPLETED PROJECTS
TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT VALLEY AVENUE AND KOLLN STREET AND BERNAL
AVENUE AND DID BERNAL/CASE AVENGE PROJECT 88.5025
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: 198,448.77
DATE ACCEPTED: JUNE, 1990
OWNER: CITY OF PLEASANTON
ADDRESS: P. 0. BOX 520, PLEASANTON CA 94566-0802
REFERENCE NAME: DAVID MARCHI, ELECTRICAL INSPECTOR
PHONE NO.: 415-484-8066
TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT ARDENW000 BOULEVARD/KAISER DRiVE 7737 (PWC)
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: $33,310.30
DATE ACCEPTED: APRIL 17, 1990
OWNER: CITY OF FREMONT
ADDRESS: 39700 civic CENTER DRIVE, FREMONT CA 94537
REFERENCE NAME: WILLIAM J. OSWALD, CONSTRUCTION INSPECTION COORDINATOR
PHONE NO.: 415.790-6703
TITLE OF PROJECT: SiR FRANCIS DRAKE SIGNAL IMPROVEMENTS PROJECT ECR-725 - FAE M-E011(007)
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: $340,861.68
DATE ACCEPTED: APRIL 10, 1990
OWNER: MARIN COUNTY
ADDRESS: P. 0. BOX 4186, CIVIC CENTER, SAN RAFAEL CA 94913-4186
REFERENCE NAME: M. B. GLUSKA, RESIDENT ENGINEER
PHONE NO.: 415-499-6528
TITLE OF PROJECT: ROCK HiLL TRAFFIC SIGNALS AND INTERSECTION IMPROVEMENTS PROJECT NO. 87-T-17
TYPE OF PROJECT: TRAFFIC SIGNAL AND STREET LIGHTING
CONTRACT AMOUNT: $147,494.68
DATE ACCEPTED: MARCH 20, 1990
OWNER: TOWN OF TiBURON
ADDRESS: 271 MILLER AVENUE, MILL VALLEY CA 94941
REFERENCE NAME: STAN M. BALA, TOWN ENGINEER
PHONE NO.: 415-383.4533
TITLE OF PROJECT: INSTALLATION OF TRAFFIC SIGNAL DETECTOR LOOPS AT VARIOUS LOCATIONS
TYPE OF PROJECT: TRAFFIC SIGNAL
CONTRACT AMOUNT: $129,889.70
DATE ACCEPTED: DECEMBER 11, 1989
OWNER: CITY OF SANTA ROSA
ADDRESS: 69 STONY CIRCLE, SANTA ROSA CA 95401
REFERENCE NAME: DALENE J. WHITLOCK, ASSOCIATE TRAFFIC ENGINEER
PHONE NO.: 707-576-5141
07/31/90
BID DOCUMENTS(Continued) COMMUNITY ELECTRIC, INC.
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business and Professions Code, that 1 propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are lister: below. Only those listed
shall perform work on this project.
1. Name _ 't Z' r.
Address 10 3 A N /v I S7'. S.ew q a-
Work to be Performed r7,VG
2. Name
Address
Work to be Performed
3. Name
Address
Work to be Performed
4. Name
Address
Work to be Performed
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 5 of 6
5
BID DOCUMENTS(Continued) VC-)Mt4UNITY ELECTRIC, INC.
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
COMMUNITY ELECTRIC,INC.
WADE L.WHITE, President,Treasurer,Manager
DENNIS L. WALTHER.Vice-President,Secretory
TYPE OF J. BRADLEY CROWE,Vice-President
BUSINESS NAME OF BUSINESS
CORPORATION COMMUNITY MJECMC,�
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
WADE L.WHITF
Name and Signature of Bidder: President a
(Print or Tape Name)
r
(Signature)
Date: MAR 1 2 1991
2!41 East Francisco Blvd.
Address(mailing & location) San Rafaal,CA 94901
Telephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
B. GENERAL PROVISIONS
1. ADOPTION OF STANDARD SPECIFICATIONS
By this reference, the Standard Specifications of the State of
California, Department of Transportation dated January, 1988 (herein referred
to as "Standard Specifications") is incorporated and adopted as the Standard
Specifications for PROJECT 8602C and shall apply together with the
modifications contained herein.
2. HEAADINGS AND CITATIONS
The section and other headings and citations to the State Standard
Specifications are inserted solely as a matter of convenience and are not a
part of the City's Standard Specifications.
3. DEFINITIONS OF TERMS
The definitions and terms outlined in Section 1 of the State Standard
Specifications shall apply with the following modifications:
1-1.10 "Contractor" means any person or persons, firm, partnership,
corporation, or combination thereof as defined ir_ the Standard
Specifications and in Section 7026 of the California Business and
Professions Code. The term contractor includes subcontractor and
specialty contractor.
1-1.13: "Department" means the City of Cupertino (hereinafter referred
to as "City") .
1-1.15: "Director" means the Director of Public Works or City Engineer,
City of Cupertino (hereinafter referred to as "Engineer") .
1-1.18: "Engineer" means the Director of Public Works or City Engineer,
City of Cupertino, or appointed agent(s) (hereinafter referred to as
"Engineer") .
1-1.25: "Laboratory" means the City's approved testing laboratory.
1-1.32: "Proposal Form" means the form(s) provided by the City and
provided in the Special Provisions of the Project Specifications and upon
which the City requires formal bids be prepared and submitted for the
work.
1-1.39: "State" means the City of Cupertino,
4. PROSECUTION AND PROGRESS OF THE WORK
a. Noise Control
Grading, construction and demolition activities shall be allowed to
exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code
during daytime hours provided that the equipment utilized has high quality
noise muffler and abatement devices installed and in good condition and the
activity meets one of the following criteria:
General Provisions page 1 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
a. Noise Control(Cont'd)
1) No individual device produces a noise level more than eighty-
nine(89) dBA at a distance of twenty-five(25) feet from said device.
2) Noise levels created do not exceed seventy(70) dBA on any nearby
property.
It is a violation of this chapter to engage in any grading, street
construction or underground utility work within seven hundred fifty(750) feet
of a residential area on Saturdays, Sundays, Holidays and during the nighttime
period except as provided in Section 10.48.030, emergency exception. Grading,
construction or demolition occurring during nighttime periods shall not be
allowed unless they meet the nighttime standards of Section 10.48.040, daytime
and nighttime maximum noise levels.
b, Progress of the Work
The contractor shall begin work within fifteen(15) days after receiving
notice that the contract has been approved, or upon receipt of notice to
proceed, and shall diligently and continuously prosecute the same to
completion within the number of working or calendar days as shown in the
Special Provisions.
c. Record Drawings
The Contractor, upon completion of this project, shall furnish and submit
a set of accurate "Record Drawing" plans to the Department of Public Works.
Five(5) sets of "Electrical Schematics" of the traffic signal cabinet anti
service equipment enclosure shall be provided by the Contractor on projects
where traffic signals are constructed or modified in any way. These plans
shall show all contract change order work and all variations in the
construction from the plans provided to the Contractor by the City.
d. Right of Way
The right of way for the work to be constructed will be provided by the
City. The Contractor shall make arrangements and pay all expenses for
additional area required outside of the limits of right of way.
e. Suspension of the Contract
If, at any time, the City determines that the Contractor has failed to
supply an adequate working force or material of proper quality, has failed in
any other respect to prosecute the work with the diligence and force specified
and intended in and by the terms of the contract, or has failed to comply with
any of the terms of the State Public Contract Code, written notice to correct
any such deficiencies shall be served to the Contractor. Should the Contractor
neglect or refuse to provide means for a satisfactory compliance with the
contract as directed by the Engineer, within the time specified in such
notice, the City shall have the power to suspend the operation of the
Contractor. Upon receiving notice of such suspension, the Contractor shall
discontinue said work, or such parts of it as the City may designate. Upon
such suspension, the Contractor's control shall terminate, and thereupon the
City of its duly authorized representative may take possession of all or any
part of the Contractor's materials, tools, equipment and appliances upon the
General Provisions page 2 of 14
GENERAL PROVISIONS(Continued)
• PROJECT 8602C
e. Suspension of the Contract(Cont'd)
premises, and use the same for the purpose of completing said contract. The
City may employ other parties to carry the contract to completion, employ the
necessary works, hire equipment, substitute other machinery and materials,
purchase the materials for, and buy such additional materials and supplies at
the Contractor's expense as may be necessary for the proper conduct of the
work and 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 Liquidated Damages
The work to be performed under this contract shall be completed in
accordance with Section B, paragraph 4b, above. It is agreed by the parties to
the contract that in case all the work called for under the contract, in all
parts and requirements, is not finished or completed within the number of days
as set forth in the Special Provisions, damage will be sustained by the City.
It is further agreed that it is and will be impracticable and extremely
difficult to ascertain and determine the actual damage which the City will
sustain in the event of or by reason of such delay. It is therefore agreed
that the Contractor will pay to the City, the 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 parts 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.
General Provisions page 3 of 14
r
GENERAL PROVISIONS(Continued)
PROJECT 8602C
f., Time of Completion and Liquidated DAm�es(Cont'd)
The. contractor will be granted an extension of time and will not be
assessed with liquidated damages or the cost of engineering and inspection for
any portion of the delay in completion of the work beyond the time named in
the Special Provisions for the completion of the work caused by acts of God or
of the public enemy, fire, floods, tidal waves, earthquakes, epidemics,
quarantine 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 beginning of
any such delay. The Engineer shall ascertain the facts and the extent of the
delay. The Engineer's findings thereon shall be final and conclusive.
No extension of time will be granted for a delay causeu 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 timely manner.
Further proof in the form of supplementary progress schedules, as required in
Section 8-1.04 of the State Standard Specifications ("Progress Schedule") ,
that the inability to obtain such materials when originally planned did in
fact cause a delay in the final completion of the entire work, which could not
be compensated for by revising the sequence of the Contractor's operations,
shall be required. The term "shortage of materials, " as used in this section,
shall apply only to materials, articles, parts or equipment which are standard
items and are to be incorporated in the work. The term "shortage of
materials," shall not apply to materials, parts, articles or equipment which
are processed, made, constructed, fabricated or manufactured to meet the
specific requirements of the contract. Only the physical shortage of material
will be considered under these provisions as a cause for extension of time.
Delays in obtaining materials due to priority in filling orders will not
constitute a shortage of materials.
If the contractor is delayed in completion of the work by reason of
changes made under Section 4-1.03 of the State Standard Specifications
("Changes") , or by failure of the City to acquire or clear right of way, or by
any act of the City, not contemplated by the contract, an extension of time
commensurate with the delay in completion of the work thus caused will be
granted and the Contractor shall be relieved from any claim for liquidated
damages, or engineering and inspection charges or other penalties for the
period covered by such extension of time. The Contractor shall notify the
Engineer in writing of the causes of delay within fifteen(15) days from the
beginning of any such delay in order to be relieved of said liquidated damages
or other penalties. The Engineer shall ascertain the facts and make findings
regarding the extent of delay. The Engineer's findings shall be final and
conclusive.
Except for additional compensation provided for in Section 8-1.09 of the
State Standard Specifications ("Right of Way Delays") , and except as provided
in Public Contract Code Section 7102, the Contractor shall have no claim for
damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not
be relieved of liability for liquidated damages or engineering and inspection
charges for any period of delay in completion of the work in excess of that
expressly provided for in this section. (See Section 8-1.07. 1
General Provisions page 4 of 14
ENNEW
GENERAL PROVISIONS(Continued)
PROJECT 8602C
5. CONTROL OF THE WORK
a. Authority to Deviate from the Approved Plans
In addition to the provisions of Section 5-1.03 of the State Standard
Specifications, deviations from the approved plans or specifications for the
project must be authorized in writing by the Engineer.
b. Dust Control
The Contractor shall, at all times during construction and until final
completion and acceptance, prevent the formation of an air-borne nuisance by
oiling, watering with non-potable water, or by other satisfactory method, as
required by the Engineer. The Contractor shall treat the site of the work in
such a manner that will confine dust particles to the immediate surface of the
work. The Contractor shall perform such 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 he charged to the
Contractor and paid for by the Contractor.
c. Inspection
In addition to the provisions of Section 5-1.08 of the State Standard
Specifications, the Contractor shall provide, to the Engineer, all information
respecting the progress of the project. The Contractor shall also furnish
telephone service at all facilities servicing the project.
All work done by the Contractor shall be accomplished between the hours
of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the
Special Provisions, unless authorized in writing by the Engineer. Whenever the
Contractor varies the period within the authorized hours during which work is
carried on each day, the Contractor shall give due notice to the Engineer, so'
that proper inspection may be provided. Any work done in 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. ]
d. Monumentation
The Contractor shall properly guard, protect and preserve all street and
highway monuments, all property corner and property line monuments and all
U.S.C. & G. S. monuments in their proper places until their removal is
authorized by the Engineer. Any monuments that have been removed without
proper authority shall be replaced at the Contractor's expense.
General Provisions page 5 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
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 suomitted 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 raay be secured and tested
whenever necessary to determine quality of materials.
All tests of the materials furnished by the Contractor shall be made in
accordance with commonly recognized standards of national organizations, and
such special methods and tests as are prescribed in the Special Provisions.
f. Utiliti a
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 exercised to insure that underground irrigation
systems, electrical systems, and other utilities on private property are not
damaged during construction of the project. During excavation, appropriate
techniques shall be employed which safeguard all existing utilities and
underground facilities. Damage to such utilities and underground facilities
shall be repaired at the Contractor's expense.
Water for Construction
Water used in any way for the construction of the project shall be
imported by the Contractor and shall be non-potable water in tanks clearly
marked as such unless specific authorization to deviate has been granted by
the Engineer. If authorized by the Engineer, the Contractor may extract
construction water from fire hydrants provided that the Contractor obtains a
meter from and purchases the water from tbR water utility that services the
area in which the construction work is located.
6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
a. Contractor's Payments
Upon request by the City, the Contractor shall submit reasonable evidence
that all payrolls, materials, bills and other indebtedness connected with the
work have been paid. If any liens against the Contractor for labor or
materials 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 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
b. Insurance _ Publsc Liability and Property Damage
Prior to entering into the contract respecting this project, the bidder
`o whom the contract is awarded shall furnish to the City Council of the City
if 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 insurees, 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 o-r alleged to have been suffered by any
person or persons not employed by the Contractor, that may be caused directly
or indirectly by the performance of the contract, and (2) on account of injury
to or destruction of property, including the resultant loss or use thereof,
resulting from any act of the City or omission by the Contractor, or otherwise
resulting directly or indirectly from the operations of the Contractor in the
performance of the contract. The policy shall not contain the so-called "x"
"c" "u" exclusions.
The minimum limits of liability for this insurance shall be as indicated
in (a) and (b) as follows:
Each Person Each Occurrence Aggregate
a) Bodily Injury Liability $500,000.00 $17000,000.00
Property Damage Liability $250,000.00 $500,000.00
b) A single limit for Bodily
Injury Liability and Property
Damage Liability Combined of $500,000.00 $500,000.00
Insurance coverage in the minimum amounts set forth herein shall not be
construed to relieve the Contractor from liability in excess of such coverage,
nor shall it preclude the City from taking such other actions as are available
under any other provision of the contract, or otherwise by law, except for
retaining money due the Contractor. If the Contractor fails to maintain such
insurance, the City may take out such insurance to cover any damages of the
above-mentioned types for which the City might be held liable on account of
the Contractor's failure to pay such damages, and deduct and retain the amot.nt
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 oared
to the public or any member thereof. [See State Standard Specifications
Section 7-1.12. 1
c. Labor Nondiscrimination
Attention is directed to the provisions of Section 7-1..OlA(4) of the
state Standard Specifications, which apply. In addition, the Contractor shall
comply with the recommended minority and female employment practices of I:he
Office of Federal Contract Compliance of the United States Department of Labor
as established for Santa Clara County.
General Provisions page 7 of 14
GEY:ERAL PROVISIONS(Continued)
PROJECT 8602C
d. Prevailin& Wages
The Contractor shall keep fully informed of all existing and future State
and Federal laws and City ordinances and regulations which in any manner
affect those engaged or employed in the work. The Contractor shall conform to
the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications.
e. Resolution of Construction Claims
This section applies to all public works claims of three hundred seventy-
five thousand dollars($375,000.00) or less which arise between a contractor
and the City. This section shall not apply to any claims resulting from a
contract between a contractor and the City when the City has electd to resolve
any diputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter
1 of Part 2 of the Public Contract Code.
This section applies only to contracts entered into on or after January
1, 1991 and shall remain in effect only until January 1, 1994, and as of that
date is repealed, unless a later enacted statute, which is enacted before
January 1, 1994, deletes or extends that date. As stated in subdivision (c) of
Section 20104 of the Public Contract Code, any contract entered into between
January 1, 1991 and January 1, 1994, which is subject to this section shall
incorporate this section. To that end, these contracts shall be subject to
this section even if this section is repealed.
The term "Public Work" has the same meaning as in Section 3100 and 3106
of the Civil Code.
The term "Claim" means a separate demand by the contractor for '1) a time
extension, (2) payment of money or damages arising from work done by or on
behalf of the contractor pursuant to the contract for a public work and
payment of which is not otherwise expressly provided for or the claimant is
not otherwise entitled to, or (3) an amount the payment of which is disputed
by the City.
For any claim subject to this section, the following requirements apply:
1. The claim shall be made in writing -nd shall include the documents
necessary to substantiate the claim. Claims must be filed on or before the
date of final payment. Nothing in this section is intended to extend the time
Limit or supersede notice requirements otherwise provided by contract for the
tiling of claims.
2. (a) For claims of less than fifty thousand dollars($50,000.00) , the
City shall respond in writing to any written claim within forty-five(45) days
of receipt of the claim, or may request, in writing, within thirty(30) days of
receipt of the claim, any additional documentation supporting the claim or
relating to defenses or claims the City may have against the claimant.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual agreement of the
City and the claimant.
General Provisions page 8 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
e. Resolution of Construction Claims(Cont'd)
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within fifteen(15) days after receipt of
the further documentation or within a period of time no greater than that
taken by the claimant in producing the additional information, whichever is
greater.
3. (a) For claims of over fifty thousand dollars($50,000.00) and less than
or equal to three hundred seventy-five thousand dollars($37.5,000.00) ,the City
shall respond in writing to all written claims within sixty(60) days of
receipt of the claim, or may request, in writing, within thirty(30) days of
receipt of the claim, any addition documentation supporting the claim or
relating to defenses or claims the City may have against the claimant.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual agreement of the
City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within thirty(30) days after receipt of the
further documentation, or within a period of time no greater than that taken
by the claimant in producing the additional information or requested
documentation, whichever is greater.
4. If the claimant disputes the City's written response, or the City
fails to respond within the time prescribed, the claimant may so notify the
City, in writing, either within fifteen(15) days of receipt of the City's
response or within fifteen(15) days of the City's failure to respond within
the time rrescribed, respectively, and demand an informal conference to meet
and confer for settlement of the issues in dispute. Upon a demand, the City
shall schedule a meet and confer conference within thirty'30) days for
settlement of the dispute.
5. If following the meet and confer conference the claim or any portion
remains in dispute, the claimant may file a claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of
Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of
those provisions, the running of the period of time within which a claim must
be filed shall be tolled from the time the claimant submits the written claim
pursuant to paragraph 1, above, until the time the claim is denied, including
any period of time utilized by the meet and confer conference.
The following procedures are established for all civil actions filed to
resolve claims subject to this section:
1. Within sixty(60) days, but no earlier than thirt_y(30) days, following
the filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within fifteen(15) days by
both parties of a disinterested third person as mediator, shall be commenced
within thirty(30) days of the submittal, and shall be concluded within
fifteen(15) days from the commemcement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
General Provisions page 9 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
e. Resolution of Constructior. Claims(Cont'd)
2. (a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration puruant to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section
1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this section consistent
with the rules pertaining to judicial arbitration.
(b) In addition to Chapter 2.5 (commencing with Section 11.41.10) of Title
3 of Part 3 of the Code of Civil Procedure, (1) arbitrators shall, when
possible, be experienced in construction law, and (2) any party appealing an
arbitration award who does not obtain a more favorable judgement shall, in
addition to payment of costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
3. The City shall not fail to pay money as to any portion of a claim
which is undisputed except as otherwise provided in the contract.
4. In any suit filed under Section 20104.4 of the Public Contract Code,
the City shall pay interest at the legal rate on any arbitration award or
judgement. The interest shall begin to accrue on the date the suit is filed in
a court of law.
f. Responsibility for Damages
The City of Cupertino, the City Council, the Engineer or the Engineer's
agents shall not be answerable or accountable in any manner for any loss or
damage that may happen to the work, or any part thereof, any material or
equipment used in performing the work, or for injury or damage to any person
or persons, either workers or the public, or for damage to adjoining property
from any cause whatsoever during the progress of the work or at any time
before final acceptance.
The Contractor shall be responsible for any liability imposed by any law
and for injuries to or death of any person including but not limited to
workers and the public, or dama�,a 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 t^ workers and the public, or damage to
property resulting from the performar � of a contract, except as otherwise
provided by statute. The duty of the Cotractor 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 an,• and all rights to any type of express or implied indemnity against
the City, its officers or employees.
General Provisions page 10 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
f. Responsibility for Damages(Cont'd)
It is the intent of the parties that the Contractor will indemnify and
hold harmless the City, its officers and employees from any and all claims,
suits or actions as set forth above regardless of the existence or degree of
fault or negligence on the part of the City, the Contractor, the subcontractor
or employee of any of these, other than the active negligence of the City, its
officers and employees.
In addition to any remedy authorized by law, so much of the money due the
Contractor under and by virtue of the contract as shall be considered
necessary by the City may be retained by the City until disposition has been
made of such suits or claims for damages as aforesaid. The retention of money
due the Contractor shall be subject to the following:
1. The City will give the Contractor thirty(30) days notice of its
intention to retain funds from any partial payment which may become due to the
Contractor prior to acceptance of the contract. Retention of funds from any
payment made after acceptance of the contract may be made without such prior
notice to the Contractor.
2. No retention of additional amounts out of partial payments will be
made if the amount to be retained does not exceed the amount being withheld
from partial payments pursuant to Section 9-1.06 of the State Standard
Specifications ("Partial Payments") .
3. If the City has retained funds and it is subsequently determined that
the City is not entitled to be indemnified and saved harmless by the
Contractor in connection with the matter for which such retention was made,
the City shall be liable for interest on the amount retained at the legal rate
of interest for the period of such retention.
The City will consider proposals by the Contractor to enter into special
arrangements, such as posting securities or bonds acceptable to the City, in
lieu of the retention of funds. Such special arrangements shall be in writing,
an,' approved by the surety on the performance bond and by the surety on the
pa. ent bond.
No funds shall be retained where the Contractor establishes, to the
satisfaction of the City that at the time of the accident or occurrence giving
rise to a claim or lawsuit against the City or its officers or employees, that
the Contractor had in effect public liability and property damage insurance of
the type, form, and amount as provided in Se -tion B, paragraph 6b, above
("Insurance - Public Liability and Property Dmage") . [See State Standard
Specifications Section 7-1.12. ]
7. PROPOSAL AND AWARD OF CONTRACT
a. Competency of Bidders
All bidders are required to complete the "Bidder Qualification Form" as
provided in the proposal. Incomplete forms or lack of experience in the field
of work being bid may be cause for rejection of the proposal.
General Provisions page 11 of 14
GENERAL PROVISIONS(Cont;nued)
PROJECT 8602C
b. Contract Bonds
The Contractor shall furnish two(2) gocd and sufficient bonds. Each of
the Bonds shall be executed in a sum equal to the contr.acc price. The first
bond shall guarantee the faithful performance of the contract by the
Contractor. The second bond shall be furnished as required by the terms of
Sections 3247 to 3252, inclusive, of the Civil Code of the State of
California. The Labor and materials bond will be released six(6) months after
the Notice of Completion, and the Faithful Performance shall be reduced by
ninety percent(908) at the Notice of Completion. The remaining ten
percent(1.0%) will be released at the end of one(1) year from acceptance of the
project provided any deficiencies in the work have been corrected. [See State
Standard Specifications Section 3-1.02. ]
c. Execution of Contract
The successful bidder, as Contractor, shall execute the Agreement set
forth in the contract documents and provide the 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. ]
d. Payment
The City will make partial payments to the Contractor o:. —le basis of a
duly certified estimate of the work performed and the materials incorporated
in the project during the preceding reporting period. The City util:.zes a bi-
weekly accounts payable cycle and issues checks on Fridays. 'Ihe actual dates
of the payment schedule are available through the City's Accounting
Department. The City will retain ten percent(10%) of 'che amount of each of
said estimates until the expiration of thirty-five(35) days from the date of
recording by the City of the Notice of Completion. At this time, and not
before, the City shall pay the Contractor the whole of the remaining ten
percent(10%) of 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 Signatue Firm. The Contractor shall submit as a minimum,
the Notice to Contractors, Proposal, Bidder Qualification Form, Sub-
Contractors Form and Signature Form. Bids containing less than this or bids
containing incomplete forms will be disregarded.
General Provisions page 12 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
e. Proposal Forms(Cont'd)
All proposals shall state the dates for completion. if required, the
prices proposed, both in writing and in figures and shil show a total, and
shall be signed by the bidder, with the bidders address. If proposals are made
by an individual, name and post office address shall be shown. If made by a
firm or partnership, the name and post office address of each member of the
firm or partnership shall be shown. If made by a corporation, the proposal
shall show the names, titles and business address of the president, secretary
and treasurer and the proposal shall show the corporate seal.
The proposal shall be submitted as directed in th, "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 prorsrly submitted may be disregarded. Proposal forms
may be obtained from the Office of the City Clerk, City of Cupertino, 10300
Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505.
f. Proposal Guaranty
All proposals or bids shall be accompanied by cash, cashier's check,
certified check, bid bond made payable, in the amount of ten percent(10%) of
the bid amount, to the City of Cupertino as guarantee that the bidder, if
awarded the contract, will within ten(10) days after notice of award, enter
into a contract with the City for the work.
fi Rejection of Proposals
Proposals may be rejected if they show any alterations of form, additions
not called for, conditional or alternative bids not called for, incomplete
bids or erasures, or for irregularities of any kind. Only the proposal forms
prepared by the City shall be used. (See State Standard Specifications Section
2-1.06. 1
h. Subcontractors
The proposal shall contain the name and location of the place of business
of any person or persons, firm, partnershi.p, corporation, or combination
thereof who will perform work or labor jr render service to the pr4.me
contractor, except for those providing work or labor or rendering service for
sages only, 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. 5%) of the
prime contractor's bid or, in case of bids or offers for the construction of
streets or highways, including bridges, in. excess of one-half of one percent
(0.5%) 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 dc.ne by
each subcontractor for this project. The pries contractor shall list only
one(1) subcontractor for each portion as is defined by the prime contractor in
the prime contractor's bid.
General Provisions page 13 of 14
GENERAL PROVISIONS(Continued)
PROJECT 8602C
INDEX
DESCRIPTION PAGE(S)
ADOPTION OF STANDARD SPECIFICATIONS 1
APPRENTICES(Prevailing Wages) 8
AUTHORITY TO DEVIATE FROM
THE APPROVED PLANS 5
COMPETENCY OF BIDDERS 11
CONSTRUCTION CLAIMS 8-10
CONTRACT BONDS 12
CONTRACTOR'S PAYMENTS 6
CONTROL OF THE WORK 5,6
DEFINITIONS OF TERMS 1
DUST CONTROL 5
EXECUTION OF CONTRACT 12
HEADINGS AND CITATIONS 1
INSPECTION 5
INSURANCE - PUBLIC LIABILITY AND
PROPERTY DAMAGE 7
LABOR NONDISCRIMINATION 7
LEGAL RELATIONS AND RESPONSIBILITIES
TO THE PUBLIC(Labor Code 6d) 6-11
MONUMENTATION 5
NOISE CONTROL 1,2
PAYMENT 12
PREVAILING WAGES 8
PROGRESS OF THE WORK 2
PROPOSAL AND AWARD OF CONTRACT 11-13
PROPOSAL FORMS 12,13
PROPOSAL GUARANTY 13
PROSECUTION AND PROGRESS OF THE WORK 1-4
RECORD DRAWINGS 2
REJECTION OF PROPOSALS 13
RESOLUTION OF CONSTRUCTION CLAIMS 8-10
RESPONSIBILITY FOR DAMAGE 10,11
RIGHT OF WAY 2
SAMPLES AND TESTS 6
SUBCONTRACTORS 13
SUSPENSION OF THE CONTRACT 2,3
TIME OF COMPLETION AND
LIQUIDATED DAMAGES 3,4
UTILITIES 6
WATER FOR CONSTRUCTION 6
General Provisions page 14 of 14
C. SPECIAL PROVISIONS
Location
The work to be performed under this contract is within the City of
Cupertino, County of Santa Clara, State of California on DE ANZ6: BOULEVARD at
STEVENS CREEK BOULEVARD.
Scope of Work
The work to be performed under this contract is to provide all labor,
material, tools, and equipment necessary for the construction of PROJECT 8602C
to completion.
All work shall be performed in accordance with the plans, specifications,
Special Provisions, the City of Cupertino Standard Details and the applicable
sections of the Standard Specifications dated January 1988, and the Standard
Plans dated January 1988, of the State of California.
Order of Work
The Contractor shall conform to the following order of work, which shall
be reflected in the Contractors schedule of planned operations:
a. Immediate procurement of all long lead items of material and
equipment.
b. Work shall not begin, at the site of a traffic signal system until all
equipment for that particular system has been delivered and the City has been
notified that same is available for city inspection.
Time of Completion and Liquidated Damages
The Contractor shall diligently prosecute the work to acceptance by the
Citv before the actual dates for completion as set forth in the Time and
Completion portion of the proposal. The Contractor shall pay to the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day, for each
and every calendar day's delay beyond the dates established in the
Contractors' proposal for each and every portion of the completion process.
The date for completion shall be determined by the Contractor and shall
be specified in the proposal. The value of time as determined by the Engineer
will be used in conjunction with the prices bid in determining the most
economical proposal.
Preconstruction Conference
A preconstruction conference will be scheduled by the City within two (2)
weeks from the dpte the contract is awarded. The meeting shall take place
prior to the begining of any construction on the project. The meeting will be
held in Conference Room "D" at Cupertino City Hall.
Special Provisions page 1 of 6
SPECIAL PROVISIONS(Continned)
PROJECT 8602C
Inspection and Inspection Costs
The work will be inspected by the City of Cupertino and its agent for the
electrical portion. Inspection costs for any work done before 8:00 A.M. or
after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall
be paid for by the contractor at the rate of thirty five dollars ($35.00) per
hour.
Traffic Control
The contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades, warning lights, and flaggers to give adequate
warning to vehicular traffic at all times that construction is in progress.
No lane closures shall be permitted on DE ANZA BOULEVARD or on STEVENS
CREEK BOULEVARD before 9:00 A.M. or after 3:00 P.M. , Monday through Friday
except that under conditions of emergency the City may permit, in writing,
lane closures before 9:00 A.M. or after 3:00 P.M.
The contractor shall maintain a minimum of one(l) travel lanes in each
direction for traffic on STEVENS CREEK BOULEVARD and one(1) travel lane in
each direction for traffic on DE ANZA BOULEVARD at all times.
Record Drawings
The contractor, upon completion of PROJECT 8602C, shall furnish and
submit a set of accurate "Record Drawing" plans and five (5) "Electrical
Schematics" of the traffic signal cabinet to the Department of Public Works
before this project is considered complete.
Permits
The City of Cupertino and the Contractor shall obtain encroachment
permits from Caltrans for all work to be done within the right of way of state
highways. The Contractor shall make application to Caltrans, obtain all
permits and licenses, pay all charges and fees and give all notices necessary
and incident to the due and lawful prosecution of the work.
Warranty
The supplier and/or Contractor shall warrant all equipment and
installation work against failure for a period of one(1) year. Any equipment
failure during this period will be corrected at the expense of the Contractor
including materials, labor and all other expenses which are necessary to
correct the failure.
The expenses shall include all costs incurred by the City, including but
not limited to wages, materials or City's Contractor expenses, etc. necessary
to ascertain the nature of the defect and to take appropriate action pending
the arrival of the supplier's representative. Any work at the intersection by
the supplier or Contractor will require the presence of City representative
whose time will be charged to the Contractor.
The City undertakes to advise the Contractor or supplier immediately that
a warranty failure is believed to have taken place. The City will carry out no
more work than necessary to restore reasonable order at the intersection. In
Special Provisions page 2 of 6
SPECIAL PROVISIONS(Continued)
PROJECT 8602C
the event the Contractor has not taken over the matter within tweive(12) hours
of notification the City reserves the right to carry out the correction
necessary or hire whomever it deems suitable to do so. The cost of all such
work shall be charged to the Contractor.
In the event of the failure of any module or installation, the warranty
on that unit or installation shall be extended for a period of three(3) months
after the initial warranty period. If further failures occur, further three(3)
month extensions will be provided until proper operation for a contiuous
period of three(3) months has been achieved.
Estimated Quantities
It is specifically pointed out that the quantities listed in the proposal
and specifications are estimates only and being given on a basis of comparison
of bids. The City of Cupertino does not agree that the actual amount of work
will correspond, but reserves the right to increase or decrease the amount of
any class or portion of the work, or to omit items or portions of the work
that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH
ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE
CONTRACT QUANTITIES WITH NO CHANGE IN UNIT PRICE BID.
Item Description Est. Qty. Unit
1. Traffic Signal Modification One(1) Lump Sum
Explanation of Bid Items
BID ITEM No. 1 - TRAFFIC SIGNAL MODIFICATION
This lump sum bid item shall include furnishing all labor, equipment,
tools, materials, incidentals and fees and utility charges necessary for the
modification of the traffic signal system on DE ANZA BOULEVARD at STEVENS
CREEK BOULEVARD, complete, in place and operating.
All work shall comply with the applicable provisions of the State of
California Standard Specifications dated January 1988 and the Standard Plans
dated January 1988.
Maintaining Existing and Temporary Systems
Maintaining existing and temporary electrical systems shall conform to
the provisions in Section 86-1.05, "Maintaining Existing and Temporary
Electrical Systems" of the Standard Specifications. Traffic signal system
shutdowns shall to permitted only between the hours of 9:00 A.M. and 3:00 P.M.
The Contractor shall notify the City seventy-two(72) hours prior to any
operational shutdown of the traffic signal. The City will arrange for the
assignment of the local traffic enforcement agency to direct traffic at no
expense to the Contractor.
The Contractor shall notify the City's electrical inspector, Signal
Maintenance, Inc. , (408) 988-5541, and the Engineer, (408) 252-4645, five(5)
working days prior t- performing any work on the existing signal systems.
Special Provisions page 3 of 6
SPECIAL PROVISIONS(Continued)
PROJECT 8602C
Signal Faces and Signal Meads
Signal faces, signal heads, and auxiliary equipment, as shown on the
plans, and installation thereof, shall conform to Section 86-4 "Traffic
Signals and Fittings," of the Standard Specifications.
Only metal signal sections with glass lenses shall be permitted to be
used on PROJECT 8602C. All lamps for the traffic signal units shall be
furnished by the contractor.
Pedestrian Signals
Pedestrian signals shall conform to the provisions of Section 86-4.05 of
the Standard Specifications, and the Standard Plans. The message displayed
shall be an upraised hand and a walkitkg person. The symbol dimensions shall be
twelve(12) inches in height and seven(7) inches in width, M.U.T.C.D. (1978) ,
Section 4D-4.
Conversion of existing displays shall be accomplished by using thirty(30)
watt solid state neon blankout modular zonversion kits, I.C.C. model E8, M8 or
approved equal. Each display will be a separate section or compartment in the
section with no light leakage between displays.
Foundations
Foundations shall conform to Section 86-2.03, "Foundation, " of the
Standard Specification.
Portland Cement Concrete shall conform to Section 90-10, "Minor
Concrete, " of the Standard Specifications and shall contain not less than four
hundred seventy (470) pounds of cement per cubic yard, except concrete for
reinforced pile foundations shall contain not less than five hundred sixty
four(564) pounds of cement per cubic yard.
The Contractor shall notify Signal Maintenance Inc. for inspection of
foundation excavations, (408) 988-5541, forty-eight(48) hours prior to pouring
any cabinet or signal foundations relating to this project. Failure to do so
may result in rejection and removal of the foundations not inspected.
Standards, Steel Pedestals and Posts
Standards, Steel Pedestals and Posts shall conform to the provisions of
Section 86-2.04, "Standards, Steel Pedestals and Posts," of the Standard
Specifications, the Standard Plans and these Special Provisions. The
Contractor shall furnish all such equipment unless specifically indicated
otherwise herein or on the plans.
Bonding and Grounding
Bonding and grounding shall conform to Section 86-2 .10, "Bonding and
Grounding," of the Stanc:,a-d Specifications. Grounding jumper shall be attached
by a 3/16 inch or larger brass bolt in the signal standard or controller
pedestal and shall run to the conduit, ground rod or bonding wire in the
adjacent pull box.
Equipment grounding conductors will not be required in conduits
Special Provisions page 4 of 6
SPECIAL PROVISIONS(Continued)
PROJECT 8602C
containing loop lead-in cables only. The grounding jumper wire shall be
visible after the concrete cap has been poured for the controller cabinet
foundation.
Conductors and wiring
Conductors shall conform to the provisions in Sections 86-2.08,
"Conductors," 86-2.08A "Conductors Identification," and 86-2.08B "Multiple
Circuit Conductors," of the Standard Specifications. All splices in conductors
shall be insulated by "Method B".
Section 86-2.09A, "Circuitry", of the Standard Specifications is amended
to include:
All contiol circuit conductors shall be run continuously without splices
from a terminal block located in a cabinet, compartment, or signal head, to a
similarly located terminal block.
Luminaires
Luminaires shall conform to the provisions of Section 86-6.01 of the
Standard Specifications and to the Standard Plans. They shall be High Pressure
Sodit-m(HPS) units, medium cutoff type with Type III I.E.S. distribution
patterns. The specific wattages shall be as shown on the plar:i.
Painting
The painting of traffic signals, hardware, electrical equipment and
materials shall conform to the provisions of Section 86-2.16, "Painting" , of
the Standard Specifications. All existing traffic signal equipment and
hardware to be reused shall be painted to match the new signals and hardware
provided.
Salvaging and Reinstalling or Stockpiling Electrical Equipment
Salvaging and reinstalling or stockpiling electrical equipment shall
conform to Section 86-7, "Salvaging and Reinstalling Electrical Equipment, " of
the Standard Specifications. All equipment removed and salvaged as indicated
shall be become property of the Contractor.
Conduit and Installation
Conduits shall conform to the provisions in Section 86-2.05, "Conduits,"
of the Standard Specifications, as well as the Standard Plans. Non-metalic
type conduit shall not be used.
Installation of conduit shall conform to Section 86-2.05C,
"Installation," of the Standard Specifications. Rigid metal conduit to be
installed shall not be used as a drilling or jacking rod.
Special Provisions page 5 of 6
SPECIAL PROVISIONS(Continued)
PROJECT 8602C
REVIEW AND APPROVAL SIGNATURES
Reviewed by: Reviewed by:
Trav?ce W. Whitten Glenn M. Grigg-
Assistant City Engineer Traffic Engineer
A1;t: S7
rt J. VT k vich
irector o Public Works
D te: It 14q ®
Special Provisions page 6 of 6
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on , 1990 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and [contractor's name] , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents(Notice _o Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form) , referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, ;,r vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
MODIFICATION on DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C,
as called for, and in the manner designated in, and in strict conformity with,
the Plans and Specifications prepared by the Engineer and adopted by CITY,
which Plans and Specifications are entitled, respectively, TRAFFIC SIGNAL
MODIFICATION on DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C,
and which Plans and Specifications are identified by the signatures of the
parties to this Contract. It i_ understood and agreed that said tools,
equipment, apparatus, facilities, labor,transportation and materials shall be
furnished, and that said work shall be performed and completed as required in
said Plans and Specifications under the sole direction of CONTRACTOR, but
subject to the inspection and approval of CITY, or its representative. CITY
hereby designates as its representative for the purpose of this Contract the
Engineer, Mr. Bert J. Viskovich.
Contract Page 1 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 8602C
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full payment for the work above agreed to be done, the sum of (contract
amount) , subject to additions and/or deductions as provided in the Contract
Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice; approval, or consent, it
must, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the sam:a ;hall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standard Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, if applicable, or in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 8602C
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
parties, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLFTION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If. CONTRACTOR shall be delayed in the work by
the acts or neglect of CITY, or its employees, or those under it by contract
cr otherwise. or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which CITY shall determine justifies the delay, then the time of
completion shall be extended accordingly. This paragraph does not exclude the
recovery of damages for delay by either party under other provisions in the
Contract Documents.
11. INSPECTION AND TESTING OF MA-ERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upcn rONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the sure;.; within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(36) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing; the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 8602C
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
s
or amounts to the payment of -ach claims in its discretion. In doing so, CITY
shall be deemed the agent of CUNTRA.CTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will he entitled to substitute securities as
provided in Section 4590 a' the ,a!_fornia Government Code as more fully
described in CITY'S Notice r ,.:racrors.
14. NOTICE AND SERVICE THERE `" Pn-, - -'.ce from one party to the other under
this Contract shall be in wr.its. i , ar«', .hall be dated and signed either by the
party giving such notice, by a : 0 y authorized representative of such
party. Any such notice shall nc . be a fsctive for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the Uni.�:ed States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; eb) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to [contractor's name] ,
[contractor's ,Adress) postage prepaid are' certified; and (c) if notice is
given to CONTRACTOR'S surety or any other person, either by personal delivery
thereof to CONTRACTOR'S surety or other person, or by depositing same in the
United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the address of CONTRACTOR'S surety or
the address of the person last communicated by such person to the party giving
the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT_. Neither the Contract; nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 8602C
17. WORKER'S COMPENSATION INSURANCE AND i*4PLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 or the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occuranc,-s or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, CITY shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability for
any loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACIOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 8602C
21. ADDITIONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO (contractor's name]
(contractor's address]
By: By:
Mayor
Attest: Notary acknowledgement is required.
City Clerk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: ,1990
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney
Contract Amount: [contract amount]
Account Number:
Purchase Order Number:
Contract Page 6 of 6
PROJECT 8602C
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, [contractor's name] as Principal,
and as Surety,
(bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in
the sum of [contract amount] lawful money of the United States, for the
payment of which will and truly to be made, we bind ourselves, our heirs,
executors, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
,1990 with the Obligee to do and perform the following work
to-wit:
TRAFFIC SIGNAL MODIFICATION
DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD
PROJECT 8602C
NOW, THERFORE, if the said principal shall well and truly perform the
work contracted to be performed under said contract, then this obligation
shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal
and Surety this day of , 1990.
(To be signed by Principal and Surety. Notary acknowledgments required)
[contractor' s name]
[contractor' s address]
&city&, &state& &zip&
Principal
Surety
By:
Attorney-In-Fact
The above bond is accepted and approved this day of 1990.
Faithful Performance Bond Page 1 of 1
PROJECT 8602C
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California. and [contractor's
name] hereinafter designated as "Principal" have entered into or are about to
enter into a contract providing for the installation, construction, and
erection by Principal of TRAFFIC SIGNAL MODIFICATION DE ANZA BOULEVARD at
STEVENS CREEK BOULEVARD, PROJECT 8602C, more particularly described in said
contract; and incorporated herein by reference,
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its
subcontractors, shall fail to pay for materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the Surety on said bond shall pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, WE, [contractor's name] as Principal,
and _ as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns,
jointly and severally, unto the City of Cupertino, and any and all
materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract hereinabove mentioned, and incorporated herein by reference, and
all persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of [contract amount] .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemplaywnt Insurance Act with respect to such work or labor, or
any and all damages arising under the original contract, then said Surety will
pay the same and also will pay in case suit is brought upon this bond, such
reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies,
ans corporations entitled to file claims under Section 11.84. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bor_d.
Labor and Material Page 8 of 2
� w
.n s
Labor and Material(continued)
PROJECT 8602C
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this i.nstrument has been duly executed by the
Principal and Surety this day of , 19
(To be signed by Principal and Surety. Notary acknowledgments required)
[contractor's name]
[contractor's address]
&city&, &state& &zip&
Principal
Surety
By:
Attorney-In-Fact
The above bond is accepted and approved this day of ,1990.
Labor and Material Page 9 of 2
BID DOCUMENTS(continued)
PROJECT 8602C
PROPOSAL
TO:
DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special Provisions
for the constructing to completion the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C, I, the undersigned,
hereby declare that I have read the proposal requirements, visited the site,
and examined all of the above documents. I, the undersigned, hereby propose to
do all work required to complete the project in accordance with the Plans,
Specifications and/or Special Provisions for the prices set forth in the
following schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I , the undersigned, also understand that the quantities shown below are
estimates only, being given on a basis of comparison of bids, and that the
City of Cupertino does not state that the actual amount of work will
correspond but reserves the right to increase, decrease or delete the amount
of any class or portion of the work or to emit items or portions of the work
that may be deemed necessary by the Engineer.
The City of Cupertino =reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
Proposal, to reject any or all bids or to waive any irregularities in t:he
bidding procedures.
The work to be done consists of the furnishing of all labor, methods,
processes, tools, machinery and materials required to construct to completion
and in working usable order the TRAFFIC SIGNAL MODIFICATION on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C as described in the
contract documents.
The Unit Price bid shall be the contractor's actual bid price. The totals
are only extensions of the estimated quantities and the Unit Prices bid. These
totals are only used as a means to compare bids and are subject to change if
errors are found in this extension of Unit Prices. In the event of
discrepancies between the written Unit Price and the numerical Unit Price, the
written price shall prevail and shall be used to calculate the total for that
bid item. The bid prices for this project shall be as outlined on the
following pages.
Proposal Page 1 of 6
. BID DOCUMENTS(Continued)
PROJECT 8602C
TIME FOR COMPLETION
1. Traffic signal poles and hardware will be delivered to the ,job site for
installation on or before Amt_ 10 19 43f.
2. The raiffic signal system will be complete and operating on or
before _'tn , 1991 .
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between March 12, 1991 and the date the contract
is executed by all parties.
The Contractor shall diligently prosecute the work to acceptance by the
City before the actual dates for completion as determined above. The
Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth
in the Special Provisions, for each and every calendar day of delay beyond the
dates established in this proposal for each and every portion of the
completion process,
ESTIMATED QUANTITIES
BID EST. UNIT
ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL
1. One(1) L.S. Traffic Signal Modification: 19�'(uo-" 19/7700^^
JE�Drer1 I'��OR�D
Dollars Lump Sum
TOTAL: $ 192
,
I, the undersigned agree that if this proposal is accepted by the City of
Cupertino, I will enter into a contract with the City to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all of
the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with
any person, firm, or corporation making a bid for this work, and is in all
respects fair, and without collusion or fraud.
1, the undersigned, recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
portion of the work over another and each starting date where conflict of
construction schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Attached hereto is the required cash, cashier's check, certified check,
Proposal Page 2 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
bid bond, or surety, payable to the City of Cupertino, in the amount of
$ 10% of BID AMOUNT which amount represents ten percent(lO%) of
the total amount of the bid as required by law and this Notice to Contractors.
NONCOLLUSION AFFIDAVIT
I, the undersigned, being first duly sworn, deposes and says that I am
PRESIDENT of G.A.B. CONSTRUCTION, INC.
(business title) (business name)
the party making the foregoing bid, that the bid is not made in the interest
of, or on behalf of, any undisclosed person, partnership, company,
association, urganization, or corporation. The bid is genuine and not
collusive or sham. The bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding.
The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or
any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed
contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any
breakdown thereof, or contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Proposal Page 3 of 6
l
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, the
undersigned, submit the following statements as to my experience and
qualifications to perform this work as a part of this proposal.
We have been in business under the present name for 6+ years.
Our experience in work comparable with that required by the proposed
contract is 6+ years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is DNA years operating under the following different
business name(s) .
My California Contractor's License Number is 470288
The classification of this License is A & C 10
The expiration date for this License is 0 3/31/9 3
Where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of the
State of California, however, at the time the contract is awarded the
contractor shall be properly licensed.
The following is a an example of work similar in character to that
required in the proposed contract which our organization or personnel in our
organization has completed within the past three(3) years.
Year Class, Location of Work and for Whom Performed Amount
1989 MCCLELLAN & STELLING, CITY OF CUPERTI14O $47 , 000 . 00
NOTE: ADDITIONAL PROJECTS ARE AVAILABLE UPON REQUEST.
Proposal Page 4 of 6
BID DOCUMENTS(Continued)
PROJECT 8602C
SUBCONTACTORS FORM
The subcontractor(s) , as defined in the General Provisions and in Section
7026 of the California Business =.nd Professions Code, that I propose to hire
to perform any of the work for this project in an amount in excess of one-half
of one percent(0.5%) of the total bid are listed below. Only those listed
shall perform work on this project.
1. Name
Address
Work to be Performed
2. Name
Address
Work to be Performed
3. Name
Address
Work to be Performed
4. Name
Address on
Work to be Performed
5. Name
Address ti
Work to be Performed
6. Name
Address
Work to be Performed
7. Name _
Address
Work to be Ferformed
Proposal Page 5 of 6
91-014 TRAFFIC SIGNAL MAINTENANCE 3 of 5
PROJ. 8602
BID DOCUMENTS(Continued)
PROJECT 8602C
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE
CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER.
THE CORPORATE SEAL MUST BE AFFIXED TO THIS FOP".M, ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE ;'HE APPROPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS NAME OF BUSINESS
CORPORATION G.A.B. CONSTRUCTION, INC. (CALIFORNIA CORPORATION)
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: GEORGE A, BRILLA, P RESI
Tint or Type
f
(Signature)
Date: 3/12/91
Address(mailing & location) 670 COLEMAN AVENUE,SAN JOSE, CA 95110-2Q03
Telephone Number : ( 408 ) 280-0900
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 6 of 6
t
K
C I T Y OF C U P E R T I N O
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
BID OPENING
TUESDAY
MAY 28, 1991
2:00 P. M.
Bert J. Viskovich
Director of Public Works
City Hall
10300 Torre Ave.
Cupertino, CA 95014
File: 98,493.42
TABLE OF CONTENTS
CONTRACT DOCUMENTS
4. 1. Notice to Contractors
2. Proposal
B. GENERAL PROVISIONS
1. Adoption of Standard Specifications
2. Heading and Citations
3. Definitions
4. Prosecution and Progress
5. Control of Work
6. Legal relations and responsibilities to the Public
7. Proposal and Award of Contract
C. SPECIAL PROVISIONS
1. Location
2. Scope of Work
3. Traffic Control
4. Maintaining Traffic
S. Notification of Residents
6. Inspection and Inspection Costs
7. Public Convenience and Safety
8. Estimated Quantities
9. Explanation of Bid Items
10. Time of Completion/Liquidated Damages
11. Water
12. Liquidated Damages for Traffic Striping
13. Preconstruction Meeting
14. Noise Ordinance
15. Surface Preparation
16. Tree Trimming
17. Final Cleanup
18. Payment
D. TECHNICAL SPECIFICATIONS
1. Type II Slurry Seal
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
STREET MAINTENANCE SLURRY SEAL PROJECT 91-105
The 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, STREET MAINTENANCE - SLURRY SEAL,
PROJECT 91-105
Said Sealed proposals will be received at the office of the City Clerk,
City Hall, 10300 Torre Avenue, City of Cupertino, California, until 2:00
P.M. Tuesday May 28, 1990 ,at which time they will be publicly
opened and the comparative totals read.
All bids received will be reported to the City Council of Cupertino within
thirty-five (35) 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 and
loan certificates of deposit, interest bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed to by the
Contractor and the City. The Contractor shall be the beneficial owner of
any securities substituted for moneys withheld and shall receive any
interest thereon.
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 competent to administer an
oath, in double said amount and over and above all statutory exemptions.
Said check shall be forfeited or said bond shall become 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 with the City.
Notice to Contractors, Page 2)
Contractor shall furnish to City a faithful performance bond and a labor
and material bond as required in said specifications.
It shall be mandatory upon the Contractor to whom the contract is awarded,
and upon all subcontractors under him, to pay not less than said general
prevailing rates of per diem wages to all laborers, workmen, and mechanics
employed in the execution of the contract.
All bids shall be compared using the estimate of quantities prepared by
the Engineer of Work and the unit prices submitted. No incomplete or
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 provis.-ns of Chapter 9 of Division 3 of the Business
and Professions Code of the State of Californi %.
The contract shall not be awarded to any bidder who does not possess the
proper classification of license.
Special a'ntention of bidders is directed to section 6 for full directions
as to bidding.
Plans, Specifications and Contract Documents may be reviewed and copies of
same may be obtained 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
' -.tip-/Cow Date: B
Y� L(_
City Clerk
Publish:
May 15, 1991
May 22, 1991
ti
BID PROPOSAL
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications furnished for the work of
the Slurry Seal Project in the City of Cupertino Project 91-105 I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the sites, and examined the specifications. I, the undersigned,
hereby propose to do all work required to complete the work in accordance
with the Plans and Specifications for the pricefi set forth in the
following' schedule. I further understand that sail prices include all
costs including, but not limited to, local, state and federal taxes, and
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Slurry Seal
Project, Project 91-105 as described in the Special Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to completion
before the expiration of 20 working days. I further understand that I
shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every calendar day's delay beyond the
times established in this proposal for each and every portion of the
completion process described in the time for completion portion of this
proposal.
1. Within two (2) hours after each street has been slurry sealed, I shall
be responsible for accurately locating and placing temporary centerlines,
two-way barrier, two-way left turn, left turn, bike lanes, and travel
lanes as shown in the Standard Plans A20-A, B, C. Bid Item 12.
PROPOSAL PAGE 1 OF 8
m7
BID PROPOSAL CONTINUED:
If I fail to perform this portion of the job I shall pay to the City of
Cupertino the sum of one hundred fifty dollars ($150.00) per day for that
day plus the sum of one hundred fifty dollars ($150.00) for each and every
calendar day the temporary striping remains uncompleted.
2. Seven days following the Slurry Seal of each street, I shall be
responsible for installing permanent centerlines, two-way barrier, two-way
left turn, bike lines, travel lanes, stop bars, legends, speed limits, and
other striping not solely limited to these patterns or legends as shown in
the Standard Plans A20-A, B, C; A-24A, B, C, D and the project plans. Bid
Item 3 thru 11.
Each day the contractor is responsible for providing the City with a list
of streets completed no later than 3:30 p.m. on each calendar day of their
operation.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the contractor hereunder, or the contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
3. Completion of entire project 20 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below
Bid Est.Qty.
Item Unit — Its Unit Price Total
p y 31�,
l. 1,719,666 S.F. Type II Slurry Seal $ /S.F. $ •-1 -A y'1 .I
2. 1,700 L.F. Remove Traffic Striping $ _ /L.F. $
3. 84 EA. Install Painted Traffic
Legends and Arrows $ 3 ��/EA. $
4. 2,475 L.F. Install Painted 12 inch
White Traffic Striping $ ~� /L.P $
5. 105 L.F. Install Painted 12 inch
Yellow Traffic Striping $ /L.F. $ \ Q
6. 2,570 L.F, Install State Detail 1 $ z��?^%L.F. $ % 1a
BID PROPOSAL PAGE 2 of 8
BID PROPOSAL CONTINUED:
7. 2,680 L.F. Install State Detail 21 $ /L.F.
o"-
8 2,100 L.F. Install City Detail 23C $ CD L.F.
9. 1,610 L.F. Install City Detail 33C $ /L.P.
10. 1,410 L.F. Install State Detail 38 $ QD /L.F. S� 1
11. 78 EA. Remove and Install Blue _5_X1
.-�Pavement Markers $ a /EA.
oQ
12. 1 L.S. Traffic Striping Layout $ o cy� c„3 /L.S.
TOTAL BID $
ALTERNATIVE BID
1. 1,719,666 S.F. Latex Modified vyff8 ��
Slurry Seal $ 0 / S.F.
O`L
� 0�
BID PROPOSAL PAGE 3 OF 8
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 $ i07c r; G IA , as required by law and the Notice to Bidders
(10% of bid amount)
BID PROPOSAL PAGE 4 OF 9
A. BID DOCUMENTS, Continued
BIDDER QUALIFICATION FORM
In further 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 truthfulness and
utterance of the information is hereby guaranteed.
(1) How many years has your organization been in
business under its present name? 9,(:. t
(2) How many years experience in work comparable with
that required under the proposed contract has your
organization had by this or any other name? ,),C, S
(3) Contractor's License No. L1(' #2;?37,2 ?, �i ,
State of California, Classification (A -1 l�
Expiration Date ,�,j -� ; � -I ! .
(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
BID PROPOSAL PAGE 5 OF 8
�r
STATEMENT OF EXPERIENCE
City of Newark Bid Date: 4/10/90
37101 Newark Blvd Amount: $56,675.58
Newark, CA Contact: frank Hermosa
Contract: Slurry Seal Phone: (415) 745-1104
City of Santa Clara Bid Date: 5/7/90
1700 Walsh Avenue Amount: $232,185.08
Santa Clara, CA 95050 Contact: Al Arqo/Walt Corbella
Contract: Slurry Seal Phone: (408) 984-3080
County of Clackamas Bid Date: 4/17/90
902 Abernethy Road Amount: $347,400.00
Oregon City, OR 97045 Contact: Denny Roberts
Contract: Slurry Seal Phone: (503) 650-3348
County of Alameda Bid Date: 5/15/90
399 Elmhurst Street Amount: $370,248.00
Hayward, CA 94544 Contact: Richard Witzeg
Contract: Slurry Seal Phone: (415) 670-5591
City of Hanford Bid Date: 5/22/90
900 S. 10th Avenue Amount: $64,650.00
Hanford, CA 93230 Contact: Lou Camara
Contract: Slurry Seal Phone: (209) 693=2511
City of Cupertino Bid Date: 5/29/90
10300 Torre Avenue Amount: $191,608.33
Cupertino, CA 95014 Contact: Carmen Lynaugh
Contract: Slurry Seal Phone: (408) 252-4505
City of Santa Rosa Bid Date: 5/30/90
69 Stony Circle Amount: $110,948.36
Santa Rosa, CA 95401 Contact: Mark W. Berube
Contract: Slurry Seal Phone: (707) 576-5358
City of Mountain View Bid Date: 5/29/90
P.O. Box 7540 Amount: $97,071.58
Mountain View, CA 94039 Contact: Mike Ballard
Contract: Slurry Seal P'.nne: (415) 966-6311
City of Roseburg Bid Date: 5/7/90
900 S.E. Douglas Avenue Amount: $48,571.00
Roseburg, OR 97470 Contact: David Lee
Contract: Slurry Seal Phone: (503) 673-1610
City of Taft Bid Date: 6/26/90
209 E. Kern Street Amount: $83,444.81
Taft, CA 93268 Contact: Bill Kytola
Contract: Street Maintenance Phone: (805) 763-3144
LM
County of Calaveras Bid Date: 7/6/90
891 Mountain Ranch Road Amount: $87,240.54
San Andreas, CA 95249 Contact: Hossein
Contract: Latex Emulsion Phone: (209) 754-6402
Mix Microsurfacing
City of Vacaville Bid Date: 7/17/90
650 Merchant Street Amount: $257,652.10
Vacaville, CA 95688 Contact: Mike Begood
Contract: Slurry Seal Phone: (707) 449-5170
County of Sacramento Bid Date: 8/2/90
827 7th Street, Rm 304 Amount: $453,261.25
Sacramento, CA 95814 Contact: Dick Resinger
Contract: Slurry Seal Phone: (916) 366-2667
City of Milbrae Bid Date: 8/30/90
621 Magnolia-Avenue Amount: $85,050.50
Milbrae, CA 94030 Contact: Wayne Bush
Contract: Slurry Seal Phone: (415) 259-2339
Town of Ross Bid Date: 9/11/90
PO Box 320 Amount: $12,740.00
Ross, CA 94957 Contact: Robi Elias
Contract: Slurry Seal Phone: (415) 453-1453
City of Monterey Bid Date: 9/25/90
399 Madison Street Amount: $235,023.01
Monterey, CA 93940 Contact: Martha Shelby
Contract: Slurry Seal Phone: (408) 646-3896
City of San Ramon Bid Date: 9/25/90
PO Box 5148 Amount: $368,234.06
San Ramon, CA 94583 Contact: Steve Pace
Contract: Slurry Seal Phone: (415) 275-2200
Tri-City Sporting Goods Bid Date: 11/8/90
40900 Grimmer Amount; $17,500.00
Fremont, CA 94538 Contact: Wendy
Contract: Slurry Seal Phone: (415) 65.- %C,;J0
City of San Ramon Bid Date:
2222 Camino Ramon Amount: $124,689.42
San Ramon, CA 94583 Contact: Lonnie Martin
Contract: Crack Seal Phone: (415) 275-2260
Tri City Sporting Goods Bid Date: 3/21/89
40900 Grimmer Blvd. Amount: $27,357.50
Fremont, CA 94538 Contact: Sam Harrash
Contract: Slurry Seal Parking Lots
2
Mark III Engineering Bid Date: 3/23/89
5101 Florin-Perkins Rd. Amount: $69,976.00
Sacramento, CA 95822 Contact: Bruce Thompson
Contract: Arden Fair Shopping Phone: (916) 381-8080
Center Parking Lot
City of San Juan Capistrano Bid Date: 3/27/89
32400 Paseo Adelanto Amount: $41,801.00
San Juan Capistrano, CA 92675 Contact: Brian Perry
Contract: Slurry Seal of City Phone: (714) 493-1171
Streets
Dept. of Parks & Recreation Bid Date: 3/28/89
P.O. Box 1450 Amount: $15,649.00
Lodi , CA 95241 Contact: Gary Johnson
Contract: Slurry Seal at Folsom Phone: (209) 333-6901
Lake SRA, American
River Dist.
City of Palmdale Bid Date: 4/6/89
708 E. Palmdale Blvd. Amount: $78,719.46
Palmdale, CA 93550 Contact: Leon Swain
Contract: Cash Contract #105, Phone: (805) 273-3162 !
Joshua Hills Drive,
Et. Al .
Eenco Contracting & Engineering Bid Date: 4/18/89
9888 Kent St. Amount: $10,920.00
Elk Grove, CA 95624 Contact: Herb Benedict
Contract: Sacramento County, Phone: (916) 686-5030
CalTrans Contract
#03-316204
City of Richmond Bid Date: 5/18/89
P.O. Box 4046 Amount: $237,708.04
Richmond, CA 94804 Contact: Ikram Chaudry
Contract: Slurry Sezi Resurfacing Phone: (415) 620-6536
City of Manteca Bid Date: 5/30/89
1001 West Center St. Amount: $48,567.10
Manteca, CA 95336 Contact: Jack Bond
Contract: 1989 Slurry Seal Proj. Phone: (209) 825-2333
City of Mountain View Bid Date: 6/15/89
P.O. Box 7540 Amount: $86,841.50
Mountain View, CA 94039 Contact: Gary Bradshaw
Contract: 1988-89 Annual Slurry Phone: (415) 966-6311
Seal Program
3
City of Tracy Bid Date: 6/29/89
520 Tracy Blvd. Amount: $29,399.00
Tracy, CA 95376 Contact: Paul Verma
Contract: New Jerusalem Airport Phone: (209) 836-4420
Slurry Seal Project
#9310-703
State of California Bid Date: 7/5/89
Dept. of Traisportation Amount: $261,660.00
P.O. Box 847 Contact: Dan Jacobs
Bishop, CA 93514 Phone: (619) 872-0717
Contract: Mono County, #09-242104
City of Fremont Bid Date: 7/13/89
P.O. Box 5006 Amount: $92,956.00
Fremont, CA 94537 Contact: John Barron
Contract: Slurry Seal 7866 (PWC) Phone: (415) 791-4243
City of Clovis Bid Date: 7/25/89
1033 Fifth St. Amount: $55,848.00
Clovis, CA 93612 Contact: John Lovejoy
Contract: 1989-90 Slurry Seal of Phone: (209) 297-2353
Various Streets
Hillsboro Properties Bid Date: 8/2/89
800 Airport Blvd., #510 Amount: $27,500.00
Burlingame, CA 94010 Contact: Carl Goldstone
Contract: Rancho Grande Slurry Phone: (415) 340-1761
Seal
Hillsboro Properties Bid Date: -8/2/89
800 Airport Blvd., #510 Amount: $25,000.00 _.
Burlingame, CA 94010 Contact: Carl Goldstone
Contract: Rancho Benicia Slurry Phone: (415) 340-1761
Seal
Sierra Nevada Construction Bid Date: 8/7/89
P.O. Box 1830 Amount: $100,981.00
Sparks, NV 89432 Contact: Kathie Fralick
Contract: Slurry Seal LDS Phone: (702) 342-0420
Churches, Various
Locations
Russ Bruzzone Bid Date: 8/8/89
899 Hope Lane Amount: $42,348.00
Lafayette, CA 94549 Contact: Russ Bruzzone
Contract: Lafayette, Moraga, Phone: (415) 284-4369
Concord Shopping
Center Resurfacing
4
City of Tracy Bid Date: 8/24/89
520 Tracy Blvd. Amount: $125,309.58
Tracy, CA 95376 Contact: Paul Verma
Contract: 1989-8 Slurry Seal Phone: (209) 836-4420
Project #9300-801B
City of Sonoma Bid Date: 8/29/89
No. One the Plaza Amount: $23,140.00
Senoma, CA 95476 Contact: Pat Wagner
Contract: 1989-90 Slurry Seal Phone: (707) 938-3794
Program
Salesian High School Bid Date: 10/12/89
2851 Salesian Ave. Amount: $14,745.00
Richmond, CA 94804 Contact: Father Al
Contract: Slurry Seal Salesian Phone: (415) 234-4433
High School Parking Lot
Market Square at Arden Fair Bid Date: 10/13/89
2618 El Paseo Lane Amount: $10,642.00
Sacramento, CA 95821 Contact: Duane Garrison
Contract: Resurface Drive and Phone: (916) 489-3614
Parking Areas at Arden
Fair
State of California Bid Date: 2/17/88
Dept. of Transportation Amount: $604,585.50
P.O. Box 2048 Contact: Cliff Adams
Stockton, CA 95201 Phone: (707) 428-2024
Contract: Mariposa, Merced Counties,
Contract #10-385804
The Stoneson Development Bid Date: 3/31/88
3150 20th Ave. Amount: $51,400.00
San Francisco, CA 94132 Contact: Burt Polacci
Contract: The Emporium Phone: (415) 566-5144
The Stoneson Development Bid Date: 4/6/88
3150 20th Ave. Amount: $41,140.00
San Francisco, CA 94132 Contact: Burt Polacci
Contract: Stonestown Galleria Phone: (415) 566-5144
Chilotti Bros. Bid Date: 4/15/88
525 Jacoby St. Amount: $43,650.60
San Rafael , CA 94901 Contact: Joe Marsillo
Contract: Stnte Fe Railroad Phone: (415) 454-7011
State of California Bid Date: 5/11/88
Dept. of Transportation Amount: $71,625.20
1101 S. Winchester 4P297 Contact: Mako Imamura
San Jose, CA 95128 Phone: (408) 277-1084
Contract: Santa Clara County, #04-178124
5
County of Alameda Bid Date: 5/17/88
399 Elmhurst St. Amount: $248, 120.00
Hayward, CA 94544 Contact: Rene
Contract: Slurry Seal Surfacing Phone: (415) 670-5445
at Eden Township #1559
City of Concord Bid Date: 5/24/88
1435 Gasoline Alley Amount: $127,730.00
Concord, CA 94520 Contact: Jim Wyles
Contract: Slurry Seal Project Phone: (415) 691-3303
City of San Leandro Bid Date: 6/7/88
835 E. 14th St. Amount: $53,175.00
San Leandro, CA 94577 Contact: Jerry Maughan
Contract: Slurry Seal of City Phone: (415) 577-3429
Streets
City of Folsom Bid Date: 7/26/88
300 Persifer Amount: $46,503.00
Folsom, CA 95630
Contract: Slurry Seal of Various
Streets
City of Clovis Bid Date: 8/16/88
1033 5th St. Amount: $42,633.97
Clovis, CA 93612 Contact: Leon Lancaster
Contract: 1988-89 Slurry Seal of Phone: (209) 297-2353
Various •Streets
Norman Sanguinetti Bid Date: 9/1/88
629 Redwood Ave. Amount: $9,381.00
Corte Madera, CA 94925
Contract: Grapeyard Shopping Center
City of San Diego Bid Date: 11/8/88
2781 Caminito Chollas Amount: $882,500.00
San Diego, CA 92105 Contact: Bob Evans
Contract: Seal Coating Various Phone: (619) 236-5658
City Streets Group 6
City of Richmond Bid Date: 4/2/87
2600 Barrett Avenue Amount: 90,165.78
Richmond, CA 94804 Contact: Ickram Chandry
Contract: Slurry Seal Resurfacing Phone: (415) 231-2130
State of California Bid Date: 4/22/87
Dept. of Transportation Amount: $1,424,667.96
2408 28th Street Contact: Gordon Labrie
Sacramento, CA 95818 Phone: (916) 445-7813
Contract: Sutter, Yuba, Nevada,
Placer, El Dorado, Butte,
Yolo, Glen Counties, #03-313104
6
Rancho Murieta Association Bid Date: 5/8/87
7720 Murieta Drive Amount: $59,394.60
Rancho Murieta, CA 95683 Contact: Harry Dunlop
Contract: 1987 Street Maintenance Phone: (916) 354-2035
and Repair Project
State of California Bid Date: 6/2/87
Dept. of Transportation Amount: $172,782.30
P.O. Box 8114 Contact: Tom Russell
San Luis Obispo, CA 93403-8114 Phone: (805) 549-3439
Contract: San Luis Obispo County,
Contract #05-344234
7
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractors, if any
(Section 4104, Government Code)
2.
3.
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
i
2.
3.
4.
5.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
2.
3.
4.
5.
6.
BID PROPOSAL PAGE 6 OF 8
A. BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP,
:STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL. NAME OF CORPORATION,
ALSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS BID IS BEING MADE
UNDER PENALTY OF PERJURY.
TYPE OF BUSINESS: Individual:
-,- REY Co-Partnership
Corporation VALLEY SLURRY 'EAC COt
Joint Venture
Other /
( scribe)
P `'" ' Name and Signature of- /
V!t NDL s :i; {Print)
T,11. S:Ji1 rr[4
P 52 tat_Rt _
(Signature)
Address (Both mailing and location addresses) :
. 0x
Telephone Number:
S ) (916) 37 3-1500
Date: 0)oaf/ aq, i q p f
Addendas Received:
1 2 3 4 5
BID PROPOSAL PAGE 7 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California Be.
County of
being first duly sworn, deposes
and says that he or she is of e,;_11 .. c 1 "S C 1 4 f t
the party making the foregoing bid that the bid is not made ifi 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 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:
I
STATE OF CALIFORNIA
COUNTY OF.... ...... .............Yo 1 o.............
On this.....28th.......day of.........May...................in the year of 19..91
before me, the undersigned, a Notary Public in and for said State, personally
appeared .......Jeff rey..R...Reed.................... personally known to me
(or proved on the basis of satisfactory evidence) to be the person(s) who.9e
C name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
...... y� .......................
Notary Public in and for said State)
This document is on:y a general form which may be proper tot use in simple transactions and in no way acts,or is intends-,to act,as a substitute tot the advice of an attorney,The printer does not
rn".any warranty,either ettaess or implied,as to the legal vatidtty of any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. 10G—ACKKNOWLMENT--All Purpose—t V911
• B. GENERAL PROVISIONS
1. ADOFi' G N OF STANDARD SPECMCA'IZ °
By this reference, the Standard Specifications of the State of
California, Department of Transportation cued January, 1988 (herein
referred to as "Standard Specifications") is a atoll and adopted
as the Standard Specifications and shall apply together with the
modifications contained herein.
2. HEADINGS AND CITATIONS.
The section and other headings and citations to the State Standard
Specifications are inserted solely as a matter of convenience and are
not a part of the City's Standard Specifications.
3. DEf'I=CNS°
The definitions and terse: 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.
4. MOCVI*ION AND PROGRESS OF THE WORK:
A. NOISE L°
Grading, cation 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 noise 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 14
NOISE; COMIML ( imad)_
It is a violation of this chapter to engage in any grading, street
om is ructicn or UMWrgr=d utility work within seven hundred fifty
(750) feet of a residential area on Saturdays, Sys, Holidays and
during the nighttime period except as provided in Section 10.48.030,
emergency exception. trading, construction or demolitions occurring
during nighttime periods shall not be allowed unless they meet the
nighttime standards of Section 10.48.040, daytime and nighttime
maxims noise levels.
B. PROGRESS OF = MM:
The contractor shall begin work within fifteen (15) days after
receiving notice that the contract has been approved, or upon receipt
of Notice to Proceed, and shall diligently and oo ntim usly prosecute
the same to acupletion within the number of wcrkirg or calendar days
as shown in the Special Provisions.
C. REIOQRD DRA GW.S
The contractor, upon a$pletion of this project, shall furnish and
submit a set of accurate "tiecord Drawing" plans to the Department of
Public Works. Five (5) sets of "Electrical Schematics" of the traffic
signal cabinet and service equip at 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 charge order
work and all variations in the construction from the plans provided to
the contractor by the City.
D. RIOff OF WAY:
The riot of way for the work to be constructed will be provided by
the City. The contractor shall make and pay all expenses
for additional area required outside of the limits of right of way.
E. SUSPENSION OF THE CONIRAc'I'^
If, at any time, the City determines that the Contractors has failed to
supply an adequate working fame or material of proper quality, has
failed in any other respect to prase the work with the liligenoe
and force specified and intended in and by the terms o_f the contract,
or has failed to omply with any of the terms of the State Public
Contract Code, written notice to correct any such deficiencies shall
be served to the contractor. Should the contractor neglect or refuse
to provide means for a satisfactory compliance with the contract as
directed by the engineer, within the time specified in such notice,
the City shall have the power to suspend the operation of the
contractor.
GENERAL PROVISIONS PAGE 2 OF 14
E. SUSPENSION OF IHE CONTRACT LOorttiruaed)
uron receiving notice of such suspension, the contractor shall
discontinue said work, or such parts of it as the City may designate.
Upon such lion, the contractor's control shall terminate, and
thereupon the City of its duly authorized restive may take
possession of all or any part of the contractor's materials, tools,
equipment and appliances upon the premises, and use the samme for the
purpose of completing said contract. The City may employ other
parties to carry the contract to completion, euploy the necessary
works, hire equipment, substitute other machinery and materials,
purchase the materials for, and buy such additional materials and
supplies at the contractor's expense as may be neosssary 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 --areties, 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 fxcat liability for failure to
fulfill the contract. The contract 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-cxmpliance 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 �ErION AND LIOUIDATPD 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 sustainer] 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 became due to the contractor under the contract.
GENERAL PROVISIONS PAGE 3 OF 14
F. TIl►IE OF 9MMFMCN AM LE(FJIf3(l= [JiRWIM (Continued)
It is further agreed that in case the work called for under the
contract is not finished and completed in all parts and requirements
within the 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 dzcides to increase the said
ntr.iber of days, the City shall further have the right to charge to the
oontractcr•, the contractor's heirs, assigns or sureties the actual
cost of engineering, in pec-tion, superinterrience, and other overhead
expenses which are directly chargeable to the contract, and which
accrue during the period of such extension. Tine cost of final surveys
and preparation of final estimate shall not be included in such
changes.
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 monad in the Special Provisions for the completion of
the work caused by acts of God or of the public enemy, f ire, f loons,
tidal waves, earthq ekes, 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 beginning of any
such delay. The engineer shall ascertain the facts and the extent of
the delay. The engineer's findings thereon shall be final and
conclusive.
No extension of time will be granted for a delay caused by a shortage
of materials unless the contractor furnishes to the engineer
documentary proof that every effort has been made to obtain such
materials from all known scxrces within reasonable reach of the work
in a diligent and timely mannex. Further proof in the form of
supplementary progress schedules, as required in Section 8-1.04 of the
State Standard Specifications ("Progress Schedule") , that the
inability to obtain such materials when originally planned did in fact
cause a delay in the final completion of the entire work, which could
not be censated 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
of the contract. Only the physical shortage of material
will be considered under these provisions as a cause for extension of
time. Delays in obtaining materials due to priority in filling orders
will not constitute a shortage of materials.
If the contractor is delayed in completion of the work by reason of
changes made under Section 4-1.03 of the State Standard Specifications
("Changes"), or by failure of the City to acquire or clear right of
way, or by any act of the City, not contemplated by the contract, an
extension of time ocumernsurate with the delay in completion of the
work thus caused will be granted and the vcn tracbar shall be relieved
from any claim for liquidated damages or engineering and inspection
charges or other penalties for the period covered by such extension of
time.
GENERAL PROVISIONS PAGE 4 OF 14
F. TIME OF Caqmmoig AND Ligjap&= gAr+AGES inued) :
The contractor shall notify the engineer in writing of the causes of
delay within fifteen (15) days from the beginnirr4 of any such delay in
order to be relieved of said liquidated damages or other penalties.
The engineer shall ascertain the facts and make findings regarding the
extent of delay. The engineer's findings shall be final and
conclusive.
Except for additional ompensation provided for in Sect?.on 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 awupletion of the work
in excess of that expressly provided for in this section. (See state
Standard Specifications Section 8-1.07.)
5. COMML OF TME
A. ALMS RI'I'Y TO DEVIATE FRCH TIE APPROVED PLANS
In addition to the provisions of Section 5-1.03 of the State Standard
Specifications, deviations from the approved plans or specifications
for the project must be authorized in writing by the engineer.
B. DUST CAL:
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. Ttie 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) haws, the City of Cupertino may order that dust control
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. INSPfX=CN'
In addition to the provisions of Section 5-1.08 of the State Standard
Specifications, the contractor shall provide, to the engineer, all
information respecting the prods of the project. The contractor
shall also furnish telePhcm service at all facilities servicing the
project.
All work done by the contractor shall be aeoaWlished between the
hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, or as
specifier) In the Special Provisions, unless authorized in writing by
the engineer.
GENERAL PFJDVISICNS PAGE: 5 OF 14
C.INSPF=(:)N ,jContinued)
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 dance in the absence of the engineer will be
subject to rejection.
Inspection oasts for any work dare 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--Live ($35.00) per hour,
or latest rate approved by the City Council, except where such work is
specifically required by the Special Provisions.
Projects firmed in whole or in part with state funds shall be
subject to inspection at all times by the State Director of Public
Works or the State Agency involved. (See State Standard
Specifications Section 5.1.08.]
D. N�JNLA�PTATION:
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-
E. SAMPLES AND
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
an before such material is used in the work. Representative
preliminary samples of the character and quality prescribed shall be
submitted by the contractor 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 change. No materials shall be used
until it has been approved by the Engineer. Additional samples may be
secured and tested whenever necessary to detexmine quality of
materials.
All tests of the materials furnished by the contractor shall be made
in accordance with commonly recognized standards of national
organizations, and such special methods and tests as are prescribed in
the Special Provisions.
F. UTIL 7TIES•
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 Underg oun d Servioe Alert
(USA) forty-eight (48) hours in advance of any 'work at (800) 642-2444.
GENERAL, PRMISICNS PAGE 6 OF 14
F. U'IZTd US Xontim dl
Due caution shall be exercised to insure that underground irrigation
systems, electrical systems, and other utilities on private property
are not damaged during construction of the project. During
excavation, appropriate techniques shall be employed which safeguard
all existing utilities and underground facilities. Damage to such
utilities and underground: facilities shall be repaired at the
contractor's expense.
G. WATER FUR OONS'PRtAL' CN:
Water used in any way for the construction of the project shall be
imported by the contractor and shall be non-potable water in tanks
clearly marked as such unless specific authorization to deviate has
been granted by the engineer. If authorized by the engineer, the
contractor may extract construction water from fire hydrants provided
that the contractor obtains a meter from and purchases the water from
the water utility that service . the area in which the construction
work is located.
6. LBGAL RELATIMS AND RESPONSIBIL=ES TO ME PUBLIC:
A..'UNTRACI1OR'S PAYMENTS:
Upon request by the City, the contractor shall submit reasonable
evidence that all payrolls, materials, bills and other indebtedness
connected with the work have been paid. If any liens against the
contractor for labor or materials furnished hereunder remain
unsatisfied after final payment by the City, the contractor agrees to
pay the City all monies that the City may be ccupelled to pay in
discharging such lien, including all costs and a reasonable attorney's
fee.
B. INSURANCE - PUBLIC LABILITY AND PROPERTY 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 QVertino 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 form of insurance shall be satisfactory to the City.
S id insurance shall name as additional enshrouds, the City, it's
cfric ers and it's employes 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 11x1 uC"o 1101 exclusions.
GENERA%, PROVISIONS PAGE 7 OF 14
B. INSURANCE-PUBLIC LIABII~STY AND PROPERTY AGE (Cant iUmd) •
The minims limits of liability for this insurance shall be as
indicated in (a) z-d (b) as follows:
Each Paxson Each Oaazrrenoe
-- Amite
(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 mmimaum 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 regained 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-menticned 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
premium 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
Standard Specifications Section 7-1.12.) .
C. IABOR NONDISCRIMINATION:
Attention is directed to the provisions of Section 7-1.01A(4) of the
State Standard Specifications, which apply. In addition, the
contractor shall ccuply with the recommended minority and female
employment practices of the Office of Federal Contract Cmpliance of
the United States Department of Labor as established for Santa Clara
County.
D. RESPONSIBIT.I'.['Y FUR 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 wnrk, or for injury or
damage to any person or persions, 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.
GENERAL PROVISIONS PACE 8 OF 14
D. RFSPONSIBI1XN FOR DAMAGES (Continued)
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 wank or at any time before its completion and final
ate.
The cmntxactor 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 off ic rs and employees.
In addition to any remedy authorized by law, so much of the money due
the contractor under and by virtue of the contract as shall be
considered necessary by the City may be retained by the City until
disposition has been made of such suits or claims for damages as
aforesaid. The retention of money due the contractor shall be subject
to the following:
1. The City will give the contractor thirty (30) days notice of its
interElon to retain funds from any partial payment which may
bade due to the contractor prior to acceptance of the contract.
Detention of funds from any payment made after acceptance of the
contract may be ma,ut� without such prior notice to the contractor.
2. No retention of additional amounts out of partial payments will be
made if the amount to be retained does not exceed the amount being
withheld from partial payments pursuant to Section 9-1.06 of the
State Standard Specifications ("Partial Payments") .
3. If the City has retained funds and it is subsequently determined
that the City is not entitled to be indemnified and saved harmless
ty 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.
GMERhL PPDVISICNS PAGE 9 OF 14
D.REEFMSIBILITX FUDA M (Continued) :
The City will consider proposals by the contractor to eater into
special arraaigements, such as posting securities or bonds acceptable to
the City, in lieu of the retention oi funds. such special a
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 oocrrence
giving rise to a claim or lawsuit against the City or its officers or
employees, that the contractor had in effect public liability and
property damage insurance of the type, form, and amount as provided in
Section B, paragraph 6b, above ("Insurance - Public Liability and
property Damage") . (see State Standard Specifications Section. 7-1.12.)
E. RE:SQUMO?d OF ON CLAIMS:
Ibis section applies to all public works claims of three hundred
seventy five dollars ($375,000.00) or less which arise between a
contractor and the City. This section shall not apply to any claims
resulting from a contract between a contractor and the City when the
City has elected to resolve any disputes pursuant to Article 7.1
(convenving with Section 10240) of Chapter 1 of Part 2 of the Public
Contract Code.
This section applies only to contracts entered into on or after January
1, 1991 and shall remain in effect only until January 1, 1994, and as
of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 1994, deletes or extends that date. As
stated in subdivision (c) of Section 20104 of the Public Contract Code,
any contract entered into between January 1, 1991 and January 1, 1994,
which is subject to this section shall incorporate this section. To
that end, these contracts shall be subject to this section even if this
section is repealed.
The term "Public Work" has the same meaning as in Section 3100 and 3106
of the Civil Code.
The term "Claim!" means a separate demand by the contractor for (1) a
time extension, (2) payment of money or damages arising from work done
by or on behalf of the contractor pursuant to the contract for a public
work and payment of which is not otherwise expressly provided for or
the claimant is not otherwise entitled to, or (3) an amount the payment
of which is disputed by the City.
For any claim subject to this section, the following requirements
apply:
1. The claim shall be node in writing and shall include the documents
necessary to substantiate the claim. Claims must be filed on or before
the date of final payment. Noting in this section is intend to
extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims.
GENERAL PROVISIONS PAGE 10 OF 14
E. RFSO 020 OF M SM-MA- ON CLAIM (Oant jMMd)
2. (a) For Claims of less than fifty thousand dollars ($50,000.00), the
City shall respond in writing to any written claim within forty-five
(45). days of receipt of the claim, or may request, in writing, within
thirty (30) days of receipt of the claim, any additional documentation
Ming the claim or relating to defenses or claims the City may
have against the claimant.
(b) If additional information is thereafter required, it shall be
requested and provided punt to this section, upon mutual agreement
Of the City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within fifteen (15) days after
receipt of the further doo entation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
3. (a) For claims of over fifty thousand dollars ($50,000.00) and less
than or equal to three hundred seventy-five thousand dollars
($375,000.00) the City shall respond in writing to all written claims
within sixty (60) days of receipt of the claim, or may request, in
writing, within thirty (30) days of receipt of the claim, any addition
documentation supporting the claim or relating to defenses or claims
the City may have against the claimant.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this, section, upon mutual agreement
of the City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within thirty (30) days after
receipt of the further dommertaticn, or within a period of time no
greater than that taken by the claimant is producing the additional
information or requested documentation, whichever is greater.
4. If the claimant disputes the City's written response, or the City
fails to respond within the time prescribed, the claimant may so notify
the City, in writing, either within fifteen (15) days of receipt of the
City's response or within fifteen (15) days of the City's failure to
respond within the time prescribed, respectively, and demand an
informal conference to meet and confer for settlement of the is- •les in
dispute. Upon a demand the City shall schedule a meet and ,onfer
conference within thirty (30) days for settlement of the dispute.
5. If following the meet and confer conference the claim or any
Portion remains in dispute, the claimant may file a claim pursuant to
Chapter 1 (00MMenCing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Goverrment
Oode. For purposes of those provisions, the running of the period of
time within which a claim must be filed shall be tolled from the time
the claimant submits the written claim pursuant to paragraph 1, above,
until the time the claim is denied, including any period of time
utilized by the meet and confer conference.
GEM;%L PROVISIONS PAGE 11 OF 14
E. Ix1I -CH OF CCH91YOXTICIN CLAIMS (C ont.irned):
The following procedures are established for all civil actions filed to
resolve claim subject to this section:
1. Within sixty (60) days, but no earlier than thirty (30) days,
following the filing or responsive pleadings, the court shall suit
the matter to nonbinding mediation unless waived by mutual stipilation
of both parties. The mediation process shall provide for the selection
within fifteen (15) days by both parties of a disinterested third
person as mediator, shall be commenced within thirty (30) days of the
submittal, and shall be concluded within fifteen (15) days fran the
Yt of the mediation unless a time requirement is extended
upon a good cause swing to the court.
2.(a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act
of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title
3 of Part 4 of the Code of Civil Procedure) shall apply to any
proceeding brought under this section consistent with the rules
pertaining to judicial arbitration.
(b) In addition to Chapter 2.5 (wing with Section 1141.10) of
Title 3 of Part 3 of the Oode of Civil Procedure, (1) arbitrators
shall, when possible, be experienced in construction law, and (2) any
party appealing an arbitration award who does not obtain a more
favorable jet shall, in addition to payment of costs and fees
under that chapter, also pay the attorney's fees on appeal Of the other
Ply-
3. The City shall not fail to pay money as to any portion of a claim
which is undisputed except as -therwise provided in the contract.
4. In any suit filed under Section 20104.4 of the Public Contract
Code, the City shall pay interest at the legal rate on any arbitration
award or judgement. The interest shall begin to accrue on the date the
suit is filed in a court of law.
7. PROPOSAL Ate AWARD OF OM?MCT
A. COMPETENCY OF BIDDERS
All bidder are required to complete the "Bidder Qualification Farm" as
provided in the proposal. Incomplete farms or lack of experience in
the field of work being bid may be cause for rejection of the proposal.
B. gMM&C
The contractor shall furnish two (2) good and sufficient bands. Each
of the Bawds shall be emecutred in a sum equal to the OMYXaact price.
The first board shall gee the faithful perfaranaraae of the contract
by the contractor. Mie second bond shall be furnished as required by
the tenons of Sections 3247 to 3252, inclusive, of the Civil Cade of the
State of California.
GENERAL PROVISIMS PAGE 12 OF 14
The Labor and materials bond will be released six (6) months after the
Notice of Coupletion, and the Faithful Performance shall be reduced ed by
ninety pert (90%) at the Notice of Oompletion. The retraining ten
percent (10%) will be released at the end of one (1) year from acceptance
of the project provided any deficiencies in the work have been corrected.
[See State Standard Specifications Section 3-1.02.]
C. OF OONTRAM
The successful bidder, as contractor, shall execute the agreement set
forth in the contract doubts and provide the contract buds 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.]
D. PAYMERr•
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 daring the preceding reporting period.
D. PAST (continued):
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 AccoLmting 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 the Notice of OoWletion. 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 pay.—w tt of groaress 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. MPOSAL FORM:
The City will furnish to each bidder a standard proposal form, which,
when filled out and executed may be subaitted as the contractor's bid.
Bids not presented on forms so furnished will be disregarded.
The proposal farm is bound together with the Notice to Oontractors,
General Provisions, Special Provisions, Bidder Qualification Farm,
Sub-Contractor's Form and Signature Form. Bids containing less than
this or bids containing irc Wlete farms will be
All proposals shall state the dates for omvpleticn, if required, the
prices proposed, both in writing and in figures and shall shot a total,
and shall be signed by the bidder, with the bidders ate. If
proposals are made by an individual, name and post office address shall
be shown.
GDfl32AL PR MSIONS PAGE 13 OF 14
E. PROPOSAL FORMS rQontianaed}
If made by a firm or partnership, the name and post office address of
each member of the f irm or partnership shall be shown. If made 1-.y a
corporation, the proposal shall show the names, titles and business
address of the president, secretary and treasures and the proposal
shall show the corporate seal.
The proposal shall be submitted as directed in the "Notice to
Contractors" under sealed cover plainly marked as a proposal, and
identifying the project to which the proposal relates and the date of
the bid opening therefor. Proposals not properly submitted may be
disregarded. Proposal forms may be obtained from the Office of the
City Clerk, City of Cupertino, 10300 Torre Avenue, CUPertino, CA
95014-3255 or by calling (408) 252-4505.
F. PROPOSAL GUARANTY:
All proposals or bids shall be by cash, cashier's check,
certified check, bid bond made payable, in the amount of ten percent
(10%) of the bid amount, to the City of Cupertino as guarantee that the
bidder, if awarded the contract, will within ten (10) days after notice
of award, enter into a contract with the City for the work.
G. RF 1DCTICkd 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. SUBOOATPRACIUR.S°
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 (0.5%) of the prime
contractor's bid ca , in case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of are
percent (0.5%) of the prime contractor's total bid or ten thousand
dollars ($1o,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 14 OF 14
C. SPECIAL PROVISIONS
1. LOCATION•
This work is located on various streets in the City of Cupertino,
County of Santa Clara, as shown on the attached location map.
2. SCOPE OF WORK
The work shall consist of spreading a mixture of asphaltic
emulsion, mineral aggregate, and water, proportioned and mixed, on
a surface or pavement where shown on the plans, as specified
herein, in accordance with Caltrans Standard Specifications or as
directed by the Engineer.
3. TRAFFIC CONTROL:
Contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades and warning lights and sufficient
flagmen to give adequate warning to vehicular traffic at all times.
No lane closure shall be permitted before 8:30 A.M. or after 5:30
P.M. , Monday through Friday on minor streets. Slurry steal shall
be allowed to be applied between the hours of 8:30 A.M. and 3:30
P.M. . If in the City Inspector's opinion the slurry seal will take
longer than two (2) hours to dry, the Contractor will be directed
not to place slurry seal and an additional working day shall be
added to the contract. The Contractor shall be allowed to schedule
a maximum of 125,000 S.F. per truck of slurry seal to be placed per
day. Only under special conditions shall the City have the right
to permit lane closure before 8:30 A.M. or after 5:30 P.M. . The
Contractor shall open the street to traffic as soon as possible but
not until traffic will not damage the surface and no later than two
(2) hours after the application of the slurry seal. On Peninsula
Ave. , Scenic Blvd. and Rae Lane, the Contractor shall have one lane
of traffic maintained at all times, and traffic control shall be
provider` to keep access at all times during the slurry seal
operations and drying.
All costs of the above shall be included in the price bid and no
special compensation will be allowed.
4. MAINTAINING TRAFFIC:
Attention is directed to sections 7-1.08, "Public Convenience",
7-1.09, "Public Safety" , 12-3.04, "Portable Delineators", and
12.2.02, "Flagging Costs" of the Standard Specifications and these
Special Provisions.
Personal vehicles of• the contractor's employees shall not be parked
within the right-of-way during non-working hou.•s.
The contractor shall notify local authorities and the Engineer of
his intent to begin work at least five (5) days before work is
begun. The contractor shall provide a schedule of work in writing
to the City Engineer for approval.
SPECIAL PROVISIONS PAGE 1 OF 9
SPECIAL PROVISIONS Continued:
The schedule shall be plotted on a City map for review at the
pre-construction meeting, once approved a written schedule must be
submitted. The Contractor shall schedule his work so that residents
are provided a street near by to park their vehicles. In some
areas this will require scheduling adjacent streets for slurry seal
to be completed on different days. The local authorities and the
City Inspector shall be notified in writing of changes to the
schedule as they occur.
The Contractor shall cooperate with local authorities relative to
handling traffic through the area and shall make his own
arrangements relative to keeping the working area clear of parked
vehicles.
When leaving a work area and entering a roadway carrying public
traffic, the contractor's equipment, whether empty or loaded,
shall, in all cases, yield to public traffic.
Material or equipment shall not be stored within thirty feet (301 )
of the edge of traffic lanes.
Public traffic shall not be routed on any portion of the new
construction until the signing, pavement markers and safety
features ordered by the Engineer have been installed.
5. NOTIFICATION OF RESIDENTS:
The contractor shall notify each residence affected by construction
along the street where the work is to be done. The contractor
shall be responsible for removal of vehicles which would interfere
with the work and insure forty-eight (48) hours notice is given to
property owner or tenant. If these notification procedures are not
strictly followed, the contractor shall not be allowed to work on
the street. The City shall supply the "No Parking" signs and door
hanger notices to be used on this project.
POSTING: The contractor shall be responsible for posting of "NO
PARKING" signs as notice of work to be done and also responsible
for any re-posting of notices to streets that need to be
rescheduled due to unforeseen delays. The contractor must post the
date the work is scheduled along with the following day's date on
each sign. This is in case of a minor delay. The "NO PARKING'
sign must have the dates posted on them in a legible manner.
The "NO PARKING" signs must be stapled to an "A"-frame wooden
barricade using three (3), 5/16" staples. A "NO PARKING" sign and
barricade shall be placed in front of each resident and on each
corner at an intersection.
SPECIAL PROVISIONS PAGES 2 OF 9
SPECIAL PROVISIONS Continued:
TOWING PROCEDURE: Cupertino Municipal Code Section 11.24.200 D
authorizes the tow away of a vehicle parked on a public street where
construction or street repair work is scheduled to occur. The
contractor performing the scheduled work is responsible for erecting
the required signs giving notice that such vehicles may be towed away
if left on the street during the day the work is scheduled to be
performed. The signs shall be erected at least forty eight (48)
hours prior to the scheduled start of work. The contractor must
notify local authorities with locations of postings.
DOOR HANGERS: The Contractor shall be responsible for delivering
door hanger notices. The City will provide the door hanger notices
to the Contractor. These notices will be delivered to each residence
effected by the construction. This would include residences an
cul-de-vacs and housing complexes that may not be receiving a slurry
seal but the street that they exit on will be receiving a slurry
seal. The door hanger notices shall be delivered forty eight (48)
hours prior to the slurry sealing of the streets. The Contractor
shall follow this posting schedule:
A. Monday post for Wednesday
B. Tuesday post for Thursday
C. Wednesday post for Friday
D. Friday post for Monday & Tuesday
The notices shall be placed between the hours of 8:00 a.m, and 11:00
a.m The City Inspector shall verify that the notices were properly
placed; if in his opinion proper posting was not achieved the
Contractor shall not be allowed to place slurry seal on the street
and the street will be rescheduled.
6. INSPECTION AND INSPECTION COSTS:
The work will be inspected by the City of Cupertino. Inspection
costs for any work done before 8:00 AM or after 5:00 PM on a regular
work day, or on Saturdays, Sundays, or Holidays shall be paid for by
the contractor at the rate of $35.00 per hour.
7. PUBLIC CONVENIENCE AND SAFETY:
The contractor shall so conduct his operations as to cause the least
possible obstruction and inconvenience to public traffic. The
contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades and lights, anc, furnish sufficient
flagmen to give adequate warning to the public at all times that the
road or street is under construction and of any dangerous conditions
encountered as a result thereof.
Flagmen, barricades, and signing shall be required in order to insure
safe and orderly traffic flow. Side or adjacent streets shall be
posted and detoured with barricades and signs to insure traffic is
routed around the work area. No application of slurry material can
be scheduled so that a street is closed to traffic before 8:30 AM or
after 5:30 PM.
SPECIAL PROVISIONS PAGE 3 OF 9
SPECIAL PROVISIONS Continued
S. ESTIMATED QUANTITIES:
It is specifically pointed out that the quantities listed in the
proposal and specifications are estimates only and being given on a
basis of comparison of bids and the City of Cupertino does net agree
that the actual amount of work will correspond, but reserves the
right to increase or decrease the amount of any class or portion of
the work, or to omit items or portions of the work that may be deemed
necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE
INCREASED OR DECREASED UP TO TWENTY-FIVE (25) PERCENT OF THE CONTRACT
QUANTITIES WITH NO CHANGE IN UNIT PRICE BID.
Estimated Quantities
ITEM DESCRIPTION EST.OTY. UNIT
1. Type II Slurry Seal 1,719,666 S.F.
2. Remove Traffic Striping 1,700 L.F.
3. Install Painted Traffic Legends & Arrows 84 EA.
4. Install Painted 12" White traffic striping 2,475 L.F.
5. Install Painted 12" yellow traffic striping 105 L.F.
6. Znstall State Detail 1 2,570 L.F.
7. Install State Detail 21 2,680 L.F.
8. Install City Detail 23C 2,100 L.F.
9. Install City Detail 33C 1,600 L.F.
10. Install State Detail 38 1,410 L.F.
11. Remove and Install Blue Pavement Markers 78 EA.
12. Traffic Striping Layout 1 L.S.
Alternative Bid
1. Latex Modified Slurry Seal 1,719,666 S.F.
9. EXPLANATION OF BID ITEMS:
The price bid per unit measure of work shall include all costs of
labor, equipment and materials necessary for the furnishing and
construction complete in place and operating, of the work in
accordance with these specifications and/or the contract plans. Any
item described in the Special Provisions not specifically listed as a
bid item shall be considered as included in the various bid items and
no special compensation will be allowed.
BID ITEM NO. 1 - TYPE II SLURRY SEAL (S F )•
This item is bid per square foot and shall include all costs for the
application of slurry seal as described in Section D of the Technical
Specifications.
BID ITEM NO 2 - REMOVE TRAFFIC STRIPING (L F )
This bid item shall include all costs for the removal of the existing
and/or conflicting raised pavement markers associated with the State
and City Details as shown on contract plans. Existing pavement
markers, when no longer required for traffic lane delineation, shall
be removed and disposed of as directed by the Engineer. No
sandblasting required.
SPECIAL PROVISIONS PAGE 4 OF 9
SPECIAL PROVISIONS Continued:
BID ITEM NO. 3 INSTALL PAINTED TRAFFIC LEGENDS AM ARROWS (Each1:
This bid item shall include all costs for materials, equipment and
labor to install all legends as shown on the plans in accordance with
Section 84 of the Standard Specifications and the State Traffic
Manual.
Contractor shall be responsible for accurat,aly locating the position
of all legends, arrows, and other markings in accordance with the
plans.
Prior to painting, the Contractor shall call for review and approval
by the City's Traffic Engineer. The City shall have the right to
make changes in the location and alignment of the pavement markings.
The City will supply the contractor the necessary templates for
legends and arrows. Arrangements for the loan and return of the
templates shall be made at the preconstruction meeting.
The Contractor shall provide suitab,e barriers, warning signs or
other arrangements to keep both foot and vehicular traffic away from
the freshly painted surfaces until paint is thoroughly dry.
No separate payment will be made for traffic control for applying
traffic stripes. Full compensation for traffic control shall be
considered as included in the contract prices bid for traffic
legends, and arrows.
Stop Bar - 27
Stop 17
Speed "25" 15
Bump - 6
Arrows - 14
Stop Ahead = 2
Spee& "35" = 2
Keep Clear 1
BID ITEM NO 4 5 6 7 8 9 & 10 - Install Traffic-Strinina(L F f:
This bid item shall include all costs for materials, equipment and
labor to install all striping, as shown on the plans in accordance
with Section 84 of the Standard Specifications and the State Traffic
Manual.
Prior to painting, the Contractor shall call for review and approval
of the proposed striping by the City's Traffic Engineer. The City
shall have the right to make changeL -n the location and alignment of
the lane stripes and pavement markings.
No separate payment will be made for traffic control for applying
traffic stripes. Full compensation for traffic control shall be
considered as included in the contract price
SPECIAL PROVISIONS PAGE 5 OF 9
SPECIAL PROVISIONS Continued:
BID ITEM NO 11 - REMOVE AND INSI&L BLUE PAVEMENT MARKERS (EACH) :
This Unit Bid item shall include all costs for the replacement of the
2-way blue reflective markers designating the locations of fire
hydrants. The location of these markers shall be six inches (6") off
the nearest lane striping toward and in line with the existing fire
hydrant.
In residential areas the location of these markers shall be six
inches (6") off the center line and in line with the existing fire
hydrant.
The portion of the highway surface to which the markers is to be
banded by the adhesive shall be free of dirt, curing ^ompound,
grease, oil, moisture, loose or unsound layers, paint and any other
material which would adversely affect the bond of the adhesive.
Blast cleaning will not be required.
BID ITEM NO 12 - TRAFFIC STRIPING LAYOUT (CAT TRACKING OR DRIBBLE)
(L.S. ) •
This lump sum bid item shall include all costs for providing and
placing traffic marks per color and location shown on the plans or as
directed by the City Engineer.
Control of alignment and layout of traffic stripes shall conform to
the provisions in Section 84-1.02, "Traffic Stripes and Pavement
Markings," of the Standard Specifications.
Contractor shall be responsible for accurately referencing out and
replacing the lines and positions of all traffic lines, directional
lines, arrows and other markings in accordan.:,.j with the plans and
City Standard markings by cat tracking with painted marks immediately
or no later than two (2) hours behind the contractors paving
operation.
Cat tracking shall consist of stretching a rope on a straight line
between control points on tangent alignment and on a true arc through
control points on curved alignment and placing spots of paint along
the rope. The spots shall not be more than three inches (3") in
width and not more than five feet (51) apart on curves nor more than
ten feet (101) apart on tangents.
Dribble lines shall consist of marking the pavement with a thin line
of paint using a striping machine or other suitable device. Dribble
lines shall be on a straight line between control points on tangent
alignment and on a true arc through control points on curved
alignment.
Paint for cat tracks and dribble lines shall be the same color as the
traffic strive for which they are replacing.
SPECIAL PROVISIONS PAGE 6 of 8
SPECIAL PROVISIONS Continued
Prior to painting, the contractor shall call for review and approval
of the proposed striping by the City's Traffic Engineer. City shall
have the right to make changes in the location and alignment of lane
stripes.
No separate payment will be made for traffic control for applying cat
tracks or dribble lines. Full compensation for traffic control shall
be considered as included in the contract prices.
See City of Cupertino Standard Detail 2-26 & 2-27.
See State Standard Plans A20-A, A2U-B, A20-C, A-24A, A-24B, A-24C,
A-24D.
ALTERNATIVE BID ITEM NO 1- TYPE II SLURRY SEAL WITH TIME RESTRICTIONS
(S.F. ) :
This bid item if selected would be used instead of Bid Item No. 1.
This item is bid per square foot and shall be the cost for the
application of latex modified slurry seal as described in Section D
of the Technical Specifications. The Contractor shall provide to
the City prior to starting the project the mix design for approval by
the City Engineer. Along with the mix design a one (1) gallon sample
of the latex modified emulsion and eighty (80) pounds of aggregate
must be provided so that tests can be performed to verify the mix
design performance. The Latex Modified Slurry Seal shall conform to
Section 37 of Caltrans Standard Specifications and the Technical
Specifications where applicable.
10. TIME OF COMPLETION/LIQUIDATED DAMAGES:
The contractor shall diligently prosecute the work and said work
shall be completed before the expiration of twenty (20) working days
from the notice to proceed.
The beginning date for start of work shall be July 15, 1991. In
order to complete this maintenance work on schedule, the City
requests that once the notice to proceed and project has started, the
contractor not pull off the job until completion of work, unless
authorized by the City.
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.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's
assigned, successors, and sureties shall be liable to the City for
any excess. -
11. WATER:
Since Water quality is ese(-4ntial for this project the City will
supply potable water through a City fire hydrant for this project
only.
SPECIAL PROVISIONS PAGE 7 OF 9
SPECIAL PROVISIONS Continued
12. LIQUIDATED DA1MOSS FOR TRAFFIC STRIPING:
A. Within two (2) hours after each street has been slurry sealed,
the Contractor shall be responsible for accurately locating and
placing temporary centerlines, two-way barrier, two-way left turn,
left turn, bike lanes, and travel lanes as shown in the Standard
Plans A20-A, B, C. Bid Item 12.
If the Contractor fails to perform this portion of the job the
Contractor shall pay to the City of Cupertino the sum of one hundred
fifty dollars ($150.00) per day for that day plus the sum of one
hundred fifty dollars ($150.00) for each and every calendar day the
temporary striping remains uncompleted.
B. Seven days following the slurry seal of each street, the
Contractor shall be responsible for installing permanent centerlines,
two-way barrier, two-way left turn, bike lanes, travel lanes, stop
bars, legends, speed limits, and other striping not solely limited to
these patterns or legends as shown in the Standard Plans A20-A, B, C;
A-24A, B, C, D and the project plans. Bid Item 3 thru 11.
Each day the Contractor is responsible for providing the City with a
list of streets completed no later than 3:30 P.M. on each calendar
day of their operation.
If the Contractor fails to perform this portion of the job on the
seventh day, the Contractor shall pay the City of Cupertino the sum
of one hundred fifty dollars ($150.00)) per day for that day plus the
sum of one hundred fifty dollars ($150.00) for each and every
calendar day the permanent traffic striping remains incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's
assigned, successors, and sureties shall be liable to the City for
any excess.
13. PRECONSTRUCTION MEETING:
A preconstruction meeting will be scheduled prior to beginning work.
Striping plans will be discussed at that time.
14. 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 noise level more than
89 dBA at a distance of twenty-five feet (251 ) (7.5 meters).
2. A noise level on any nearby property does not exceed 70 dBA.
SPECIAL PROVISIONS PAGE 8 OF 9
SPECIAL PROVISIONS Continued
It is a violation of this chapter to engage in any grading, street
construction or underground utility work within coven hundred fifty
feet (7501) of a residential area on Saturdays, Sundays, holidays,
and during the nighttime period except as provided in the City of
Cupertino Municipal Code, Section 10.48.
Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime standards
of Section 10.48.040.
15. S,U,�FACE PREPARATION:
Special care shall be taken to clean the pavement before the slurry
seal application. Contractor shall provide whatever compressed air
or other cleaning methods approved by the City necessary to remove
all dirt, weeds and loose material from the pavement.
16. TREK TRIMMING:
All tree trimming shall be done by the City prior to beginning of
work. The Contractor shall provide the City with a list of street
addresses requiring tree trimming, at the pre-construction meeting.
17. FINAL CLEANUP:
The contractor shall provide all necessary equipment, skill and
manpower to sweep all completed slurry sealed streets to the
satisfaction of the City Inspector.
18. PAYMENT:
Payment shall be made on only those streets the City has approved and
for an approved amount. No other compensation will be allowed. A
payment schedule is available in the Public Works Department.
Change orders will not be considered or accepted after the project
has been accepted by the City Council.
SPECIAL PROVISIONS PAGE 9 OF 9
D. TECHNICAL SPECIFICATIONS
1. X K?E II SLURRY SEAL
A. K ALFLRIALS:
1. Asphaltic Emulsion - Bituminous binder shall be a quick set
cationic emulsion, and shall conform to Section 37-2.02A,
Asphaltic Emulsion", of the State of California Specifications.
2. Aggregate - The aggregate used in this project shall conform to
Section 37-2.02C, "Aggregates", of the State of California
specifications. Percent composition by weight shall conform to
the following schedule when tested by Test. No. California 202.
Sieve Size Percent Passing (Tvoe YId
3/8" 100%
No. 4 90 -100
No. 8 65 - 90
No. 16 40 - 70
No. 30 25 - 50
No. 200 5 - 15
The aggregate shall also conform to the following quality
requirements:
California
Tests Test Reggirements
Sand Equivalent 217 45 Min.
Film Stripping (Test performed on
the material passing the No. 8 sieve
and retained in the No. 16 sieve) 302 25% Max.
Durability Index 229 60 Min.
The contractor shall supply the City with a sample of the asphaltic
emulsion (1 gal.) and aggregate (80 lbs.) to be used on the project.
If the batch changes during the course of the project new samples
will be required.
A Certificate of Compliance is required for each load of materials.
All slurry seals must pass a wet track abrasion test by ASTM D3910
which allows 75 gms/sq. ft. max. to be lost during the test.
B. WATER:
All water used with the slurry mixture shall be potable and free from
harmful soluble salts. The contractor shall include all costs for
obtaining water. A City water hydrant is located adjacent to the
City Service Center where material may be stockpiled.
C. APPLICATION OF ,SLURRY:
1. Slurry seal shall be placed only when the atmospheric temperature
is at least 650F. Slurry seal shall not be placed on the
surface of a street after the times delineated in the Special
Provisions, Paragraph 2, Traffic Control, unless expressly
authorized by the Engineer. If the relative humidity is too high
to allow quick setting of the slurry the work shall be postponed.
TECHNICAL SPECIFICATIONS PAGE 1 OF 3
TECHNICAL SPECIFICATIONS continued:
2. Before slurry seal is to be applied to any areas, all
miscellaneous utility cover, including all flush mounted street
monuments and manhole covers located in the areas to be surfaced
shall be covered or oiled. The covers and monuments shall be
completely cleaned as quickly as possible after the application
of the slurry seal and prior to the final set of the slurry.
All items so cleaned by the contractor Shall meet the
requirements stipulated by the Engineer and/or the utilities
involved.
3. The contractor shall refrain from using diesel. fuel or solvents
of any kind for cleaning tools and equipment- in E-0, a -canner as
to permit spillage of the diesel fuel o- —1--rent on existing
pavement, curbs, gutters, parkways, or other . areas.
4. The rate of curing of the slurry seal shall ..,e a�:ch t,:at a street
may be open to traffic within two (2) h- :a a*tex application
without tracking or damage to the surfacing.
5. The surface shall be fogged with water at a rate of 0.10 gallon
per square yard directly preceding the spreader if required. The
application of slurry shall then be such tr+ apply a uniform
complete coverage of the street areas. No lumping, balling or
unmixed aggregate shall be permitted. If segregation of the
emulsion and aggregate fines from the coarse aggregate settles to
the bottom of the mix, the Blurry will be removed f:om the
pavement. No excessive bleeding of the emulsion will be allowed
in the spreader box. No streaks such as caused by oversized
aggregate will be left in the finished pavement.
The entire pavement, including the area around curb returns,
shall be covered from gutter to gutter.
A sand blotter shall be spread at selected intersections, where
required by the EngineFr, to accommodate pedestrian traffic until
the slurry sets.
No excessive build-up nor unsightly appearance shall be permitted
on longitudinal or transverse joints. The use of burlap drags or
other type drags shall be approved by the Engineer.
Approved squeegees shall be used to spread slurry in non
3CCeSsible areas to the slurry mixer. Care shall be exercised in
leaving no unsightly appearance from hand work.
"Tire tracks" from the equipment used herein shall not ma: or
discolor adjoining streets where no work is to be done. Said
tracks discoloration shall be sand blotted out as required by the
Engineer. This shall apply to noticeable discolorations.
TECHNICAL SPECIFICATIONS PAGE 2 OF 3
'o
TECHNICAL SPECIFICATIONS Continued:
D. PROPORTIONING:
The mix shall be proportioned in accordance with Section 37-2.03.
E. STOCKPILE AREA:
The contractor may stockpile aggregate on the City's property at
10555 Mary Avenue, dust control must be provided. All cleanup and
removal of excess material shall be provided by the contractor at no
cost to the City. Said work shall be at the direction of the
Engineer.
TECHNICAL SPECIFICATIONS PAGE 3 OF 3
SIGNATURE PAGE
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
REVIEWED BY: APPRO BY:
Travice Whitten ert J. is ovich
Deputy Director of Public Works irecto of Public Works
SIGNATURE PAGE 1 OF 1
SLURRY SEAL PROJECT 91-105
I.D.i! =STREET JFROM/TO -J `SQ. Y_US. iS �.FI. 1C041PLE1 i.D
- 50 ALDERBROOK LN 1BLAZINGWOOD/BOLLINGER _ - - 40,698 i
^
50 __--
!ALDERBROOK WY !ALDERBROOK/END I 856 7,704 _
240 JANTON WY ELVES i STEVENS CRK. BL. f 2017 1.9,153
v 3060 AS-� TER c"I (ASTER/END --- J 867 - 7,803 -----'
3070 !ASTER LN NORMANDY/BARNHART I 5333 47,997
3080 BARNHART PL ASTER/JAMESTOWN 4978 44,802 _
_ 3460 IBLOSSOM LN IFELTON/END _ 1233 11,097 '
6135 !BYRNE AV MCCLELLAN/100'N.DOL.ORAS 2844 25,596
6470 COLUMBUS AVE !BUBB/MARIA ROSA �0 47,520
5300 JDAVISON AVE ,GLENVIEW/E.ESTATES 2667 24,003 (
4810 E.ESTATES DR STEVENS CRK.BL./RICHWOOD 1956 17.604 j
4815 1E.ESTATES DR RICHWOOD/LA MAR 6300 56,700
3430 ERIN WY - 1STELLING/KIM 4302 38,71.9
_ 5345 ESTATES D_R W.ESTATES/IIOLLINGER I 411 3,699 I
4485 'FARRALONE DR PPACIFICA/LAS ONDAS 3600 32,400
3470 IFELTON WY IKIRWIN/MCCLELLAN _ 3646 32.,814
5310 1GLENVIEW AVE E.ESTATES/725'S.LA:v;AR. 5067 45,603
5315 (GLENVIEW AVE l725'S.LA MAR/LA MAR 2573T 23,202
I 3390 lHOLLYHEAD LN -ISQUIREWOOD/END 2311 20,799
3480 JOHN WY KIRWIN/MCCLELLAN 2928 26,352 '
3280 KINGSBURY CT KINGSBURY/END 501 4,509
L
3300 KINGSBURY PL CANDLELIGHT/SCOTLAND 2133 19,197
! 3490 KIRWIN LN DEANZA/LONNA 5600 _50,400
3495 KIRWIN LN ILONNA/ERIN I 3733 33,597
j 5330 LA MAR CT I E. ESTATES/EN D _ .923 7,407
5320 LA MAR DR BLANEY/E.ESTATES _ 6900 621100
t 5250 ILANSDALE AVE IOAKVILLE/LA MAR 2667 24,003
1410 I,LARRY WY MMERRITT/LUCILLE _ 5295
5240 LINDSAY AVE LA MAR/OAK_VILLE 1778 16,002
3370 LOCKFORD CI' _SCOTL.AND/END 1458 13,122
3440 LONNA LN _ KIRWIN 'MCCLELLAN 2928 26,352 I -1
5260 MALVERN_CT_ LA MAR/ END 583 5,247
5620 MERCEDES RDy CGRDOVA/END 2000 18,000 _
5600 MERRIMAN RD ALCALDE/SANTA LUCIA - 2933 _26,397 -�
1360 MERRITT DR BLANEY/E.END 7800 70,200 _
5810 MIRA VISTA RD MC CLELLAN/PALM _ 1667 15,003
3290 MOL_TZEN DR �RUPPELL/CANDLELIGHT _ 1511 13,599 -
F 5280 OAKVILLE AVE !GLENVIEW/LA MAR 3556 32,004 -
4320 PACIFICA DR BLANEY/TORRE 6880 61,920
300 PENINSULA AVE STEVENS CRK. BL/UNIVERSITY 6150 55,350
5270 PINEVILLE AVE _ LA MAR/GLENVIEW 3911 35,199 _
1480 PLUM TREE LN MERRITT/FOREST 5100 45,900
1310 PORTAL AVE - STEVENS CRK.BL/END N.DRAKE 5972 53,748
3190 PROSPECT RD SARATOGA-SUNNY/JAMESTOWN 3200 28,800
3200 PROSPECT RD JAMESTOWN/STELLIN 3 4978 44,802
I 6240 RAE LN ILINDA VISTA/END 772 6,948
s
SLURRY SEAL PROJECT 91-105
fI.D.# STREET FROM/TO SQ.YDS. SQ.Frr. COMPLETED
5290'RA�MPART AVE E.ESTATES/GLENVIEW 2453 _ 2ZO-77 !_
1420 BRANDY LN MERRrIT/LUCILLE 5152 46,368
3310 i,UPPELL PL KINGSBURY/END 2147 19,323
5660 SAN JUAN RD CORDOVA/STEVENS CANYON 2689 24,201
58W SAN LEANDRO AVE SANTA PAULA/MCCLELLAN 1389 12,501
5610 SANTA LUCIA RD STEVENS CANYON/CORDOVA _ 4267 38,403
5790 SANTA PAULA AVE FOOTHILL/MIRA VISTA 2167 19,503
5920 SCENIC BLVD CARMEN/PALM 2533 22,797
5925 'SCENIC BL PALM/SCENIC 1422. 12,798
3360 SCOTLAND DR SQUIREWOOD/KINGSBURY 3911 35,199
3380 SQUIREWOOD WY ,SCOTLAND/STELLING 2489 22,401
4720 SUTTON PARK PL TANTAU/END 1650 14,850 ---'
4710 TANTAU AVE _ PHIL/SUTTON PARK 3200 28,800
4715 ITANTAU AVE SUTTON PARK/BOLLINGER 1080 9,720
TOTAL 1719666
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CITY OF CUPERTINO APPROVED BY : ,,,ATE : Sljkre 2-26
STANDARD DETAILS t r N
BID PROPOSAL
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
TO: THE DIRECTOR OF PUBLIC WOR.T(S, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications furnished for the work of
the Slurry Seal Project in the City of Cupertino Project 91-105 I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the sites, and examined the specifications. I, the undersigned,
hereby propose to do all work required to complete the work in accords—
with the Plans and Specifications for the prices set forth in toe
following schedule. I further understand that said prices include all
costs including, but not limited to, local, state and federal taxes, and
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class cr
portion of the work or to omit items or portions of work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of f_;:rnishing all labor, methods of process,
tools, machinery and material required to complete the Slurry Seal
Project, Project 91-105 as described in the Special Provisione.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to cQ: =letion
before the expiration of 20 working days. I further understand that I
shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every calendar day's delay beyond the
times established in this proposal for each and every portion of the
completion process described in the time for completion portion of this
proposal.
1. Within two (2) hours after each street has been slurry sealed, I shall
be responsible for accurately locating and placing temporary centerlines,
two-way barrier, two-way left turn, left turn, bike lanes, and travel
lanes as shown in the Standard Plans A20-A, B, C. Bid Item 12.
PROPOSAL PAGE 1 OF 8
BID PROPOSAL CONTINCED:
If I fail to perform this portion of the job I shall pay to the City of
Cupertino the sum of one hundred fifty dollars ($150.00) per day for that
day plus the sum of one hundred fifty dollars ($150.00) for each and every
calendar day the temporary striping remains uncompleted.
2. Seven days following the Slurry Seal of each street, I shall be
responsible for installing permanent centerlin.as, two-way barrier, two-way
left turn, bike lines, travel lanes, stop bars, legends, speed limits, and
other striping not solely limited to these patterns or legends as shown in
the Standard Plane A20-A, B, C; A-24A, B, C, D and the project plans. Bid
Item 3 thru 11.
Each day the contractor is responsible for providing the City with a list
of streets completed no later than 3:30 p.m. on each calendar day of their
operation.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remaina
incomplete.
This amount of liquidated damages shall be deducted by the City. from
monies due from the contractor hereunder, or the contractor's assigned,
successors, and sureties shall be liable to the City for luny excess.
3. Completion of entire project 20 working days from Notice to Proceed.
ESTIMUED QUANTUM
The bid prices for this project shall be as outlined below
Bid Est.Qty.
Item unit it Unit Price Total
1. 1,719,666 S.F. Type II Slurry Seal $ C)STI S.F. 8
2. 1,700 L.F. Remove Traffic Striping $ -.jig /L.F. $�`-i/�%•
3. 84 EA. Install Painted Traffic
Legends and Arrows $ -VC) _,4 5 /EA. S�•j ��
4. 2,475 L.F. Install Painted 12 inch
White Traffic Striping $ /L.F
5. 105 L.F. Install Painted 12 inch
Yellow Traffic Striping $,,G / s' /L.F. $ /10, 79-
6. 2,570 L.F. Install State Detail 1 $ j5" /L.P. $ Thy u
BID PROPOSAL PAGE 2 of 6
6
BID PROPOSAL CONTIM120t
7. 2,680 L.B. Install State Detail 21 $ ./. Y /L.F. $ �YJY i a
8 2,100 L.F. Install City Detail 23C S . 13 /L.F. $ /7 y 3. u a
9. 1,610 L.F. Install City Detail 33C $ I /L.F. S f L I b
10. 1,410 L.F. Install State Detail 38 $ /L.F. $ /g 6
11. 78 EA. Remove and Install Blue
Pavement Markers $ z7-5 /RA. $ Z A y,� f
12. 1 L.S. Traffic Striping Layout $ 1,;t,i a /L.S. $ y l'-U."�
TOTAL BID
ALTERNATIVE BID
1. 1,719,666 S.F. Latex Modified
Slurry Seal $ �/ 3.F. $� �
Ole-
f
BID PROPOSAL PAGE 3 OF 8
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 $ b 'lam as required by law and the Notice to Bidders
(10% of bid amount)
BID PROPOSAL PAGE 4 OF 8
91-014 TRAFFIC SIGNAL MAINTENANCE 4 of 5
PROJ.8602
A. BID DOCUMENTS, Continued
BIDDER QUALIFICATION FORM
In further 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 truthfulness and
utterance of the information is hereby guaranteed.
(1) How many years has your organization been in
business under its present name?
(2) How many years experience in work comparable with
that required under the proposed contract has your
organization had by this or any other name?
(3) Contractor's License No. , /fir ' {C,
State of California, Classification
Expiration Date ; - 3/ - Y if
(4) List work similar in chara:;ter 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
t !'Al)�aea <t-e l LLSV1L,-CeJ
l af' it Sf tr °+nlr<< Co��:� (In
e r r c, �..�I 6(.i} 4 r f �
�` J"Y l�!(y
iY )r�ir r / JtjL/ �1 Siit��L��r } 11� 0
BID PROPOSAL. PAGE 5 OF 8
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractor0, if any
(Section 4104, Government Code)
J
2.
3.
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
sCr ccic(
2.
3.
4.
5.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1. �t
2.
3.
4. -
S.
6.
BID PROPOSAL PAGE 6 OF 8
A. BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
,LSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE
" AL MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS BID IS BEING MADE
`IMER PENALTY OF PERJURY.
TYPE OF BUSINESS% Individual:
Co-Partnership 7.
DC�✓I .; u l� .,( �-I r i,CIE�7
Corporation k'
Joint Venture T !
Other
(Describe)
Name and Signature of Bidder:
(Print) _
}1 (Signature)
Address (Both mailing and location addresses):
Telephone (Numbers
Date:
Addendas Received:
1 2 3 4 5
BID PROPOSAL PAGE 7 OF 8
STATE OF CALIFORNI'A Ss. In this- ........day of.......1ZV7'1.................. .in the year
COUNTY OF..-�'2Z 4. .................................,before me,
...........
..............a Notary Public,State of California,
duly licensed and pall _appeared..................................
............. ........
personally known to me(or proved to me on the basis of satisfactory evidence)
Be,,-,'L-tv Ja Pc-acocV to be the person who executed the within instrument as........................
or on behalf of the corporation therein named and acknowledged to me that
ti
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my h9d and affixed
my official sea)in the............... ............County
This ommm a orty a 9a wfom m"be wow tm use m smqA& .... ...... ............... ._L�the date in this r i cate.
trw=cb"wo 0 no way WMI�is ftw%Lw to aa.W a sub5ftft fm VW - A forth a'bo ,ertT
C
adr 11 01WHODMOV ThgPNU&MCO make anV�"edherexp�w imp bedftto" q� a
i*o vAAft of am provtwn w Ow sura&oy of omm k�m am speaW ftarmwm ),�ry'Pub li_c, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public Cl _ I /
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires L'
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California ss.
County of j r r /';,:
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, orga,,:`zation, or corporation; that the bid is
genuine and not collusive or sham; that the ;: tdder 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 other bidder, or to secure any advantage against the public body
awarding the contra,-t of anyone interest in the proposed contract; that
all statements cowrained 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)
(Signature)
Date:
BID PROPOSAL PAGE 8 OF 8
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
STREET MAINTENANCE SLURRY SEAL PROJECT 91-105
The 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, STREET MAINTENANCE - SLURRY SEAL,
PROJECT 91-105
Said Sealed proposals will be received at the office of the City Clerk,
City Hall, 10300 Torre Avenue, City of Cupertino, California, until 2:00
P.M. Tuesday May 28, 1990 ,at which time they will be publicly
opened and the comparative totals read.
All bids received will be reported to the City Council of Cupertino within
thirty-five (35) 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 and
loan certificates of deposit, interest bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed to by the
Contractor and the City. The Contractor shall be the beneficial owner of
any securities substituted for moneys withheld and shall receive any
interest thereon.
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 b:d, 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 competent to administer an
oath, in double said amount and over and above all statutory exemptions.
Said check shall be forfeited or said bond shall become 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 with the City.
Notice to Contractors, Page 2)
Contractor shall furnish to City a faithful performance bond and a labor
and material bond as required in said specifications.
It shall be mandatory upon the Contractor to whom the contract is awarded,
and upon all subcontractors under him, to pay not lees than said general
prevailing rates of per them wages to all laborers, workmen, and mechanics
employed in the execution of the contract.
All bids shall be compared using the estimate of quantities prepared by
the Engineer of Work and the unit prices submitted. No incomplete or
interlineated proposal or bid will be accepted. Bidders are rerniired 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, Specifications and Contract Documents may be reviewed and copies of
same may be obtained 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
Date: By Tl .5ri1 �tJ�
City Clerk
Publish:
May 15, 1991
May 22, 1991
BID PROPOSAL
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications furnished for the work of
the Slurry Seal Project in the City of Cupertino Project 91-105 I, the
undersigned, hereby declare that I have read the proposal requirements,
visited the sites, and examined the specifications. I, the undersigned,
hereby propose to do all work required to complete the work in accordance
with the Plans and Specifications for the prices set forth in the
following schedule. I further understand that said prices include all
costs including, but not limited to, local, state and federal taxes, and
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Slurry Seal
Project, Project 91-105 as described in the Special Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to completion
before the expiration of 20 working days. I further understand that I
shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every calendar day's delay beyond the
times established in this proposal for each and every portion of tia
completion process described in the time for completion portion of this
proposal.
1. Within two (2) hours after each street has been slurry sealed, I shall
be responsible for accurately locating and placing temporary centerlines,
two-way barrier, two-way left turn, left turn, bike lanes, and travel
lanes as shown in the Standard Plans A20-A, B, C. Bid Item 12.
PROPOSAL PAGE 1 OF 8
BID PROPOSAL CONTINUED:
If I fail to perform this portion of the job I shall pay to the City of
Cupertino the sum of one hundred fifty dollars ($150.00) per day for that
day plus the sum of one hundred fifty dollars ($150.00) for each and every
calendar day the temporary striping remains uncompleted.
2. Seven days following the Slurry Seal of each street, I shall be
responsible for installing permanent centerlines, two-way barrier, two-way
left turn, bike lines, travel lanes, stop bars, legends, speed limits, and
other striping not solely limited to these patterns or legends as shown in
the Standard Plans A20-A, B, C; A-24A, B, C, D and the project plans. Bid
Item 3 thru 11.
Each day the contractor is responsible for providing the City with a list
of streets completed no later than 3:30 p.m. on each calendar day of their
operation.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the contractor hereunder, or the contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
3. Completion of entire project 20 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below
Bid Est.Qty.
Item Unit Item Unit Price Total _
1. 1,719,666 S.F. Type II Slurry Seal $ C V_S /S.F. $f
2. 1,700 L.F. Remove Traffic Striping $ Z• —^ /L.F. $
3. 84 EA. Install Painted Traffic '!;
Legends and Arrows $ :�>_�//EA. $
4. 2,475 L.F. Install Painted 12 inch
White Traffic Striping $ _/L.F $ Z�
5. 105 L.F. Install Painted 12 inch / 06
Yellow Traffic Striping, $i — /L.F. $�
/o
6. 2,570 L.F. Install State Detail 1 /L.F. $�—
BID PROPOSAL PAGE 2 of 8
BID PROPOSAL CONTINUED:
7. 2,680 L.F. Install State Detail 21 $ e L.P. $
8 2,100 L.F. Install City Detail 23C $�� /L.P. $�J CJ
�O
9. 1,610 L.P. install City Detail 33C $ �) /L.F. $_�
10. 1,410 L.F. Install State Detail 38 $ 0 ' /L.F. $
�---
11. 78 EA. Remove and Install Blue
Pavement Markers $ /EA. $ Z 6 d
O�.v
12. 1 L.S. Traffic Striping Layout $9 0 00 /L.S. $if
TOTAL BID
ALTERNATIVE BID
1. 1,719,666 S.F. Latex Modified
Slurry Seal $���/ S.F. $ V /
()IL,
at
BID PROPOSAL PAGE 3 OF 8
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 as required by law and the Notice to Bidders
(10% of bid amount)
BID PROPOSAL PAGE 4 OF 8
PELIL� ANIL.,
CALIFORNIA PAVEMENT MAINTENANCE COMPANY,ING
r4d DID
MUNICIPAL REFERENCE SHEET r -
CITY OF SAN DIEGO CITY OF BURBANK
2781 Caminito Chollas 275 E. Olive Avenue
San Diego, California Burbank, California 91510
619-236-5656 818-953-9600
Slurry Seal 1982-83-85-86-87-88 Slurry Seal 1986-87-88
$ 1, 456, 000 . 00 - $ 2, 245, 000. 00 $ 98, 344 . 00
CITY OF CONCORD CITY OF CARLSBAD
1950 Parkside 1200 Elm Street
Concord, California 94519 Carlsbad, California 92008
415-671-3303 619-438-5535
Slurry Seal 1966-88 Slurry Seal 1985-86-88
$ 414 , 601. 95 $ 141, 665. 00
CITY OF SACRAMENTO CITY OF FRESNO
915 I Street 2101 G Street, Bldg. A
Sacramento, California 95814 Fresno, California 93704
916-449-5281 209-488-1451
Slurry and Chip Seal 1979-81-82- Slurry Seal 1980 to 83 & 88
83-85-86-87-88 $ 55, 000. 00 - $ 75, 000. 00
$ 189, 600. 00 - $ 375, 000. 00
COUNTY OF LOS ANGELES
CITY OF SANTA ROSA P.O. Box 4089
City Hall-P.O. Box 1678 Los Angeles, California
Santa Rosa, California 95402 213-226-8111
707-576-5141 Slurry & Chip Seal - Various
Slurry Seal 1979-81-82-83-85-87-88 Projects 1984 through 1989
$- 155, 000. 00 $ 50, 000. 00 - $ 135, 000. 00
CITY OF MCNTEREY PARK STATE OF CALIFORNIA
320 W. Newark Avenue DEPARTMENT OF TRANSPORTATION
Monterey Park, California 1120 N Street
818-307-1321 Sacramento, California
Slurry Seal Every Year Since 1982 916-445-4094
$ 75, 000. 00 Slurry & Chip Seal - All
Districts Every Year Since 83
CITY OF FULLERTON $185, 000. 00 - $ 1, 085, 000. 00
303 West Commonwealth Avenue -
Fullnrton, California 92632 CITY OF PALM SPRINGS
714-738-6845 P.O. Box 1786
Slurry Seal Every Year Since 1983 Palm Springs, California
$ 155, 000. 00 619-323-8253
Slurry & Chip Seal - 1988
$ 390, 000. 00
9390Elder Creek Road - Sacramento, CA 95829 - (916)381-8033
A. BID DOCUMENTS, Continued
BIDDER QUALIFICATION FORM
In further 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 truthfulness and
utterance of the information is hereby guaranteed.
(1) How many years has your organization been in
business under its present name? r
(2) How many years experience in work comparable with
that required under the proposed contract has your '
organization had by this or any other name?
(3) Contractor's License No. ?2z Slz _ ,
State of California,/Cla ification
Expiration 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
BID PROPOSAL PAGE 5 OF 8
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractors, if any
(Section 4104, Government Code)
1.
2.
3.
4.
S.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1.
2.
3.
4.
S.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
10
2.
3.
4.
S.
6.
BID PROPOSAL PAGE 6 OF 8
A. BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS BID IS BEING MADE
UNDER PENALTY OF PERJURY.
TYPE OF BUSINESS: Individual:
MEWM w Co-Partnership
GOM L PAII wa*"M IM
Corporation `s r
s SEWW
• Joint venture
Other
(Describe)
Name and Signature of Bidder:
Signal e)
Address (Both mailing and location addresses) :
A ®ER CREEKRC1.
SACi MENT0,CA 95828
Telephone Number:
33
Date:
Addendas eceived:
1 2 3 4 5
BID PROPOSAL PAGE 7 OF 8
STATE OF CALIFORNIA On this...i9•.9 2.8 th.....day of......May.........................in the year
jCOUNTY OF..Sacramento ss. ......... .. .......................I.. ........................beforeme,
Elizabeth,Airos9..................a Notary Public,State of California,
duly licensed and sworn,personally appeared..................................
Gordon.L. Rayner................
® ,
EMMA 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
i�TA�Y PUBIOC• ...........
SUFA EWOCULI ' or on behalf of the corporation therein named and acknowledged to me that
Im
�r0o'"'"Eio�a 1g' such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS NV ' HF shave hereunto set my hand and affixed
my official seal in th ............... ounty of....................
The Oocvmenl is pMy a general farm wluon may be pWor lot uae in„r,wk ..Sacramento .. .....,.., o s t for tta ve-rq this certificate.
asnS,ic1K 5 and m m way acts.or a-enJetl to W.,as a suGs"ute for lM
adv of an 8apney The pmtar goes na male any wananty laher eaptsa or imply as to fhe
legal validity of any pro s,on or the sunabtey of them lams in any specft transw,on Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public—
Corporation(C.C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires July 19, 1993
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California ea.
County of g�
being first duly sworn, deposes
and says that he or she is of WFMIA PAMT
the party, making the foregoing bid that the bidMANTEMMOMMMM,
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 othe_ 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)
t
�(Signat-
e)
Date:
BID PROPOSAL PAGE 8 OF 8
B GENERAL, PFDVISICN-S
1. ADOPTION OF STANDM SPECIFICATI
By this reference, the Standard Specifications of the State of
California, Department of Transportation dated JaMlary, 1988 (herein
referred to as "Standard Specifications") is "i V.rated and adopted
as the Standard Specifications and shall apply tither with the
modifications contained herein.
2. HEADINGS AND CITATIONS:
The section and other headings and citations to the State Standard
Specifications are inserted solely as a matter of conveniem-e and are
not a part of the City's Standard Specifications.
3. DEFINMONS
The definitions and terms outlined in Section 1 of the State St_andazd
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 agents) (hereinafter
referred to as "E ri gineer") .
1-1.25: "Laboratory" means the City's approved testing laboratory.
1-1.32: "Proposal Farm" means the forms) provided by the City and
provided in the Special Provisions of the Project
Specifications and upon which the City requires formal bids
be prepared and submitted for the work.
1-1.39 "State" means the City of Cupertino.
4. PROSEX:ZTrION AND PROGRESS OF TfIE WORK
A. NOISE OON'TRO�:
Grading, cation 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 noise level more than eighty-nine
(89) dBA at a distance of twenty-five (25) feet from said device.
2. A noise level an any nearby property does not exceed seventy (70)
dBA.
GENERAL PROVISIONS PAGE 1 of 14
NOISE 9MMML (Canting)_
It is a violation of '-his chapter to engage in any gradi.1g, street
motion or tuaditVr .aid utility work within seven b-vdmd 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, lion or demolition occ urTing
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. PROG ESS OF MM WORK:
The contractor shall begin work within fifteen (15) days after
receiving notice that the contract has been approved, or 43cn receipt
of Notice to Proceed, and shall diligently and continuously prosecute
the same to comipletion within the number of working or calender days
as shown in the Special Provisions.
C. RBOORD DRAWINGS:
The contractor, upon ecupletion 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 Sdiematics" of the traffic
signal cabinet and service equipment enclosure shall be provided by
the contractor on projects where traffic signals are constructed or
modified in any way. These plans shall show all contract change order
work and all variations in the construction from the plans provided to
the oontracter by the City.
D. RIGHT OF WAY:
The right of way for the work to be constructed will be provided by
the City. The contractor shall make arrangements and pay all expenses
for additional area required outside of the limits of right of way.
E. SUSPENSION OF nM CONTRACT•
If, at any time, the City determines that the Contractor has failed to
supply an adequate working force or material of proper quality, has
failed in any other respect to prosecute the work with the diligence
and force specified and interred in and by the terms of the contract,
or has failed to oamply with any of the terms of the State Public
Contract Code, written notice to correct any such deficiencies shall
be served to the contractor. should the contractor neglect or refuse
to provide means for a satisfactory oaWlianoe 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.
GENERAL PROVISIONS PAGE 2 OF 14
E. SUSPENSION OF 'IM CQiMCT (Continued)
Upon receiving notice of such suspension, the contractor shall
discontinue said work, or such parts of it as the City may designate.
Upon such lion, 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,
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 lion, all money due the contractor or retained under terms
Of this contract shall be forfeited to the City. Such forfeiture will
not release the contractor or sureties from liability for failure to
fulfill the contract. The contract 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 fram 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 cl.ainhs for such ampletion 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 COMPLMON AND LIOUIDATE D 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 sums 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.
GENERAL PROVISIONS PAGE 3 OF 14
F. TIME OF COMPLEaTON AND LIQUIDATED DAMAGES (Continued)
It is further agreed that in case the work called for under the
contract is not finished and completed in all parts and requirements
within the 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 surreys
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 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 beginning of any
such delay. The engineer shall ascertain the facts and the extent of
the delay. The engineer's findings thereon shall be final and
conclusive.
No extension of time will be granted for a delay caused by a shortage
of materials unless the contractor furnishes to the 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 timely manner. Further proof in the form of
supplementary progress schedules, as required in Section 8-1.04 of the
State Standard Specifications ("Progress Schedule") , that the
inability to obtain such materials when originally planned did in fact
cause a delay in the final completion of the entire work, which could
not be ecapensated for by revising the sequence of the contractor's
operations, shall be required. The term "shortage of materials," as
used in this section shall apply only to materials, articles, parts
or equipment which are standard items and are to be incorporated in
the work. The term "shortage of materials," shall not apply to
materials, parts, articles or equipment which are processed, made,
constructed, fabricated or manufactured to meet the specific
requirements of the contract. Only the physical shortage of material
will be considered under these provisions as a cause for extension of
time. Delays in obtaining materials due to priority in filling orders
will not constitute a shortage of materials.
If the contractor is delayed in completion of the work by reason of
changes made under Section 4-1.03 of the State Standard Specifications
("Changes"), or by failure of the City to acquire or clear right of
way, or by any act of the City, not eontmolated by the contract, an
extension of time mate with the delay in cmpletion of the
work thus caused will be granted and the cntractor shall be relieved
from any claim for liquidates damages or engineering and inspection
charges or other penalties for the period covered by such extension of
time.
GENERAL PROVISIONS PAGE 4 OF 14
F. 'TIME OF a—HELMON AND LIaLM&M OR 90-5 (Continued)
The contractor shall notify the engineer in writing of the causes of
delay within fifteen (15) days from the beginning of any such delay in
order to be relieved of said liquidated damages or other penalties.
The engineer shall ascertain the facts and make findings marling the
extent of delay. The engineer's findings shall be final and
conclusive.
Except for additional compensation provided for in Section 8-1.04 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 ration 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.)
5. CONI'RfJL OF THE WM:
A. AuIMPXI Y TO DEVIATE FRM `IIiE APPROVED PLANS:
In addition to the provisions of Section 5-1.03 of the State Standard
Specifications, deviations from the approved plans or specifications
for the project must be authorized in writing by the engineer.
B. DUST CDDP ML•
The contractor shall, at all times during construction and until final
completion and acceptance, prevent the formation of an air-borne
nuisance by oiling, vsterirg 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 mediate 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 urged to the contractor and paid for by the contractor.
C. INSPEX."I ON:
In addition to the provisions of Section 5-1.08 of the State Standard
Specifications, the contractor shall provide, to the engineer, all
information respecting the progress of the project. The contractor
shall also furnish telephone service at all facilities servicing the
project.
All dcrk 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.
GENERAL PROVISIC NS PAGE 5 OF 14
C.iATSP'DC'iZw (Continued)
Whenever tre contractor varies the period within the authorized hours
during wKich 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 oasts 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 ($35.00) per hour,
or latest rate approved by the City Coil, 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 5.1.08.3
D. 1�0N[�'IE[JTATI(�Ai
The Contractor shall properly guard, protect and preserve all street
and highway mamzents, all property corner and property line mX=*x1ts
and all li.S.C. & G.S. monuments in their proper places until their
removal is authorized by the engineer Any monuments that have been
removed without proeer authority shall be replaced at the contractor's
expense.
E. SAMPLES Alm 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
an before such material is used in the work. Representative
preliminary sai.ples of the character and quality prescribed shall be
subnitted by the contractor producer of all materials to be used in
the work for testing or examination as desired by the Engineer.
The contMctor 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 sJxh special methods and tests as are prescribed in
the Special Provisions.
F. UrILI'I� :
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 Service Alert
(USA) forty-eight (48) hours in advance of any ';nark at (800) 642-24.44.
GENERAL PFDVISICNS PAGE 6 OF 14
F. UTILITIES (Continued) •
Due caution shall be exercised to insure that underground irrigation
systems, electrical systems, and other utilities on private property
are not damaged during construction of the project. During
excavation, appropriate techniques shall be employed which safeguard
all existing utilities and underground facilities. Damage to such
utilities and underground facilities shall be repaired at the
contractor's expense.
G. WATER FOR CONSTRUCTION•
Water used in any way for the construction of the project shall be
imported by the contractor and shall be non-potable water in tanks
clearly marked as such unless specific authorization to deviate has
been granted by the engineer. If authorized by the engineer, the
contractor may extract construction water from fire hydrants provided
that the contractor obtains a meter from and purchases the water from
the water utility that services the area in which the construction
work is located.
6.. LEML RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
A. CONTRACTOR'S PAYMERM
Upon rat by the City, the contractor shall submit reasonable
evidence that all payrolls, materials, bills and other irndebtedness
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.
B. INSURANCE - PUBLIC LABILI'T)( AND PROPERTY DAMAGE:
Prior to ent_pring 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 enshrouds, 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 contractovar in the
performance of the contract. The policy shall not contain the
so-called 11X"v "C" 1eU'1 exclusions.
GENERAL P'RWISIONS PAGE 7 OF 14
B. INSURANCE-PUBLIC LIABILITY AND PROPERTY DAMAGE (Continued)
The minimum limits of liability for this insurance shall be as
indicated in (a) and (b) as follows:
Each Person Each Occurrence Agswegate
(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 Cambined of $ 500,000.00 $500,000.00
Insurance coverage in the minimum amauuuts 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 regained 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 aright 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
Standard Specifications Section 7-1.12.) .
C. LABOR NONDISCRIMATION:
Attention is directed to the provisions of Section 7-1.01A(4) of the
State Standard Specifications, which apply. In addition, the
contractor shall couply with the recanTended minority and female
employment practices of the Office of Federal Contract C7oupliance of
the United States Department of Labor as established for Santa Clara
County-
D. RESPONSIAILTI'Y FOR DAMAGES:
The City of Cupertino, the City Coumcil, the engineer or the engineer's
agents shall not be answerable or aocauntable in any manner for any
loss or damage that may happen to the work, or any pant 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.
GENERAL PFMIST(M PAGE 8 OF 14
D. RFSPONSIB POR (ContinUedl :
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 fiat, any cause whatsoever during the
progress of the work or at any time before its cxpletion 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 performanoe 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 MM,ey due
the contractor under and by virtue of the contract as shall be
considered necessary by ¢.he City may be retained by the City until
disposition has been made of such suits or claims for damages as
aforesaid. The retention of money due the contractor shall be subject
to the following:
1. The City will give the contractor thirty (30) days notice of its
intention to retain funds from arry partial payment which may
become due to the contractor prior to acceptance of the contract.
Retention of funds from any payment made after acceptance of the
contract may be made without such prior notice to the contractor.
2. No retentic-n 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 (01Partial 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.
GENERAL pFovISICKS PAGE 9 OF 14
D.RESFONSIBII rry M QAMAGE (continued):
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 arranig nts
shall be Li writing, and approvers by the surety on the performance bond
and by the surety on the payment bond.
No funds shall be retained where the contractor establishes, to the
satisfaction of the City that at the time of the accident or occurrence
giving rise to a claim or lawsuit against the City or its officers or
ezWloyees, that the contractor had in effect public liability and
Property damage insurance of the type, form, and amount as provided in
Section B, paragraph 6b, above ("Insurance - Public Liability and
Property Damage") . (See State Standard Specifications Section 7-1.12.)
E. RESOUMON OF CONSIRUMON CLAIM:
This section applies to all public works claims of three hundred
seventy five dollars ($375,000.00) or less which arise between a
contractor and the City. This section shall not apply to any claims
resulting from a contract between a contractor and the City when the
City has Elected to resolve any disputes pursuant to Article 7.1
(cmm ncing with Section 10240) of Chapter 1 of Part 2 of the Public
Contract Code.
This section applies only to contracts entered into on or after January
1, 1991 and shall remain in effect only until January 1, 1994, and as
of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 1994, deletes or extends that date. As
stated in subdivision (c) of Section 20104 of the Public Contract Corse,
any contract entered into between January 1, 1991 and January 1, 1994,
which is subject to this section shall incorporate this section. To
that end, these contracts shall be subject to this section even if this
section is repealed.
The term "Public Work" has the same meaning as in Section 3100 and 3106
of the Civil Code.
The term 11ClaizWl means a separate demand by the contractor for (1) a
time extension, (2) payment of money or damages arising from work done
by or on behalf of the contractor pursuant to the contract for a public
work and payment of which is not otherwise expressly provided for or
the claimant is not otherwise I-ntitled to, or (3) an amount the payment
of which is disputed by the City.
For any claim subject to this section, the following requirements
apply:
1. The claim shall be made in writing and shall include the documents
necessary to substantiate the claim. Claims must be filed on or before
the date of final payment. Noting in this section is intended to
extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims.
GENERAL PMnSIONS PAGE 10 OF 14
E. RE�UMCN OF OW5IHJC7 CN QAIM (Continued)
2. (a) For Claims of less than fifty thcazsard dollars ($50,000.00) , the
City shall respaad in writing to any written. claim within forty-five
(45) days of receipt of the claim, or may request, in writing, within
thirty (30) days of receipt if the claim, any additional documentation
supporting the claim or relating to defenses or claim the City may
have against the claimant.
(b) If additional information is thereafter rewired, it shall be
requested and provided pursuant to this section, upon mutual agreement
of the City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within fifteen (15) days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
3. (a) For claims of over fifty thousand dollars ($50,000.00) and less
than or equal to three hundred seventy-five thousand dollars
($375,000.00) the City shall respond in writing to all written claims
within sixty (60) days of receipt of the claim, or may request, in
writing, within thirty (30) days of receipt of the claim, any addition
documentation supporting the claim or relating to defenses or claims
the City may have against the claimant.
(b) If additional information is thereafter regaired, it shall be
requested and provided pursuant to this section, upon mutual agreanent
of the City .and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within thirty (30) days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant is producing the additional
information or requested documentation, whichever is greater.
4. If the claimant disputes the City's written response, or the City
fails to respond within the time prescribed, the claimant may so notify
the City, in writing, either within fifteen (15) days of receipt of the
City's response or within fifteen (15) days of the City's failure to
respond within the time prescribed, respectively, and demand an
informal conference to meet and confer for settlenent of the issues in
dispute. Upon a demand the City shall schedule a meet and confer
conference within thirty (30) days for settlement of the dispute.
5. If following the meet and confer conference the claim or any
portion remains in dispute, the claimant may file a claim pursuant to
Chapter 1 (cCM e=ing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Goverrment
Code. For purposes of those provisions, the running of the period of
time within which a claim must be filed shall be tolled from the time
the claimant submits the written claim pursuant to paragraph 1, above,
until the time the claim is denied, including any period of time
utilized by the meet and confer conference.
GMERAL, PRGVISIMS PAGE 11 OF 14
E. RESOLtTTI� OF CC351fG3C ON CLAIMS (Cx+ntirtued)
Tyre following procedures are established for all civil actions filed to
resolve claims subject to this section:
1. Within sixty (60) days, but no earlier than thirty (30) days,
following the filing or responsive pleadings, the court shall submit
the matter to nonbinding mediation unless waived by mutual stipulation
of both parties. The mediation process shall provide for the selection
within fifteen (15) days by both parties of a disinterested third
person as mediator, shall be commenced within thirty (30) days of the
submittal, and shall be concluded within fifteen (15) days from the
of the mediation unless a time requirement is extended
upon a good cause showing to the court.
2. (a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act
of 1986 (Article 3 (wing with Section 2016) of Chapter 3 of Title
3 of Part 4 of the Code of Civil Procedure) shall apply to any
proceeding brought under this section consistent with the rules
pertaining to judicial arbitration.
(b) In addition to Chapter 2.5 (wing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, (1) arbitrators
shall, when possible, be experienced in construction law, and (2) any
party appealing an arbitration award who does not obtain a more
favorable judgement shall, in addition to payment of costs and fees
under that chapter, also pay the attorney's fees on appeal of the other
party•
3. The City shall not fail to pay money as to any portion of a claim
which is undisputed except as otherwise provided in the contract.
4. In any suit filed under Section 20104.4 of the Public Contract
Code, the City shall pay interest at the legal rate on any arbitration
award or judgement. The interest shall begin to accrue on the date the
suit is filed in a court of law.
7. PROPOSAL AND AWARD OF CONTRACT.
A. g2AI TM OF BIDDERS:
All bidders are required to oarrplete the "Bidder Qualification Form" as
provided in the proposal. Ineairplete farms or lack of experience in
the field of work being bid may be cause for rejection of the proposal.
B. CXkTrRACT BOWS:
The contractor shall furnish two (2) good and sufficient bands. Each
of the Bonds shall be executed in a sun equal to the contract price.
The first baud shall guarantee the faithful performance of the contract
by the contractor. The second bond shall be furnished as required by
the terns of Sections 3247 to 3252, inclusive, of the Civil Code of the
State of California.
GENERAL PROVISIONS PAGE 12 OF 14
The Labor and materials bard will be released six (6) months after the
Notice of Completion, and the Faithful Perform shall be reduced by
ninety percent (90%) at the Notice of Completion. The remaining ten
percent (10%) will be released at the end of one (1) year from acceptance
of the project provided any deficiencies in the work have been corrected.
(See State Standard Specifications Section 3-1.02.)
C. kXJC(PtIC1N OF OONTRACT•
The successful bidder, as contractor, shall execute the aunt set
forth in the contract documm*s and provide the 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 Ctpatino. (See
State Standard Specifications Section 3-1.03.1
D. PAYMENT:
The City will make partial payments to the contractor on the basis of a
duly certified estimate of the work performed and the materials
incorporated in the project during the preceding reporting period.
D. PAYMERI' (continued) :
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 P.raoo rating 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 the Notice of Completion. At this time, and not before, the
City shall pay the contractor the whole of the remaining ten percent
(10%) of 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 FOFM
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 nort 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 Farm,
Sub-Oontractc s Form and Signature Farm. Bids containing less than
this or bids containing inamplete farms 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 sided by the bidder, with the bidders address. If
proposals are made by an individual, name and post office adds shall
be shown.
GENERAL PFMISICNS PAGE 13 OF 14
E. PROPOML FOWS (Continued) :
If made by a firm or partnership, the name and post office address of
each member of the firm or partnership shall be shown. If made by a
corporation, the proposal shall show the names, titles and business
address of the president, secretary and treasurer and the proposal
shall show the corporate seal.
The proposal shall be submitted as directed in the "Notice to
Contractors" under sealed cover plainly marked as a prowl, 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
95014-3255 or by calling (408) 252-4505.
F. PROPOSAL GUARANTY:
All proposals or bids shall be accompanied by cash, cashier's check,
certified check, bid bond made payable, in the amount of ten percent
(10%) of the bid amount, to the City of Cupertino as guarantee that the
bidder, if awarded the contract, will within ten (10) days after notice
of award, enter into a contract with the City for the work.
G. RF.M=ON 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. SUBCONTRACIORS:
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 prune 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 plants and specifications, in an
amount in excess of one-half of one percent (0.5%) of the prime
contractor's bid or, in case of bids or offers for the construction of
streets or highways, including bridges, in excess of ore-half of one
percent (0.54) 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
csorttractor in the prime contractor's bid.
GOAL PROVISIMS PACE i4 OF 14
C. SPECIAL PROVISIONS
1. LOCATION•
This work is located on various streets in the City of Cupertino,
County of Santa Clara, as shown on the attached location map.
2. SCOPE OF WORK:
The work shall consist of spreading a mixture of asphaltic
emulsion, mineral aggregate, and water, proportioned and mixed, on
a surface or pavement where shown on the plans, as specified
herein, in accordance with Caltrans Standard Specifications or as
directed by the Engineer.
3. TRAFFIC CONTROL:
Contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades and warning lights and sufficient
flagmen to give adequate warning to vehicular traffic at all times.
No lane closure shall be permitted before 8:30 A.M. or after 5:30
P.M. , Monday through Friday on minor streets. Slurry seal shall
be allowed to be applied between the hours of 8:30 A.M. and 3:30
P.M. . If in the City Inspector's opinion the slurry seal will take
longer than two (2) hours to dry, the contractor will be directed
not to place slurry seal and an additional working day shall be
added to the contract. The Contractor shall be allowed to schedule
a maximum of 125,000 S.F. per truck of slurry seal to be placed per
day. Only under special conditions shall the City have the right
to permit lane closure before 8:30 A.M. or after 5:30 P.M. . The
Contractor shall open the street to traffic as soon as possible but
not until traffic will not damage the surface and no later than two
(2) hours after the application of the slurry seal. On Peninsula
Ave. , Scenic Blvd. and Rae Lane, the Contractor shall have one lane
of traffic maintained at all times, and t- ffic control shall be
provided to keep access at all times a-r ing the slurry seal
operations and drying.
All costs of the above shall be included in the price bid and no
special compensation will be allowed.
4. MAINTAINING TRAFFIC:
Attention is directed to sections 7-1.08, "Public Convenience",
7•-1 .09, "Public Safety", 12-3.04, "Portable Delineators", and
12.2.02, "Flagging Costs" of the Standard Specifications and these
Special Provisions.
Personal vehicles of the contractor's employees shall not be parked
within the right-of-way during non-working hours.
The contractor shall notify local authorities and the Engineer of
his intent to begin work at least five (5) days before work is
begun. The contractor shall provide a schedule of work in writing
to the City Engineer for approval.
SPECIAL PROVISIONS PAGE 1 OF 9
SPECIAL PROVISIONS Continued:
The schedule shall be plotted on a City map for review at the
pre-construction meeting, once approved a written schedule must be
submitted. The Contractor shall schedule his work eo that residents
are provided a street near by to park their vehicles. In some
areas this will require scheduling adjacent streets for slurry seal
to be completed on different days. The local authorities and the
City Inspector shall be notified in writing of changes to the
schedule as they occur.
The Contractor shall cooperate with local authorities relative to
handling traffic through the area and shall make his own
arrangements relative to keeping the working area clear of parked
vehicles.
When leaving a work area and entering a roadway carrying public
traffic, the contractor's equipment, whether empty or loaded,
shall, in all cases, yield to public traffic.
Material or equipment shall not be stored within thirty feet (301 )
of the edge of traffic lanes.
Public traffic shall not be routed on any portion of the new
construction until the signing, pavement markers and safety
features ordered by the Engineer have been installed.
5. NOTIFICATION OF RESIDENTS:
The contractor shall notify each residence affected by construction
along the street where the work is to be done. The contractor
shall be responsible for removal of vehicles which would interfere
with the work and insure forty-eight (48) hours notice is given to
property owner or tenant. If these notification procedures are not
strictly followed, the contractor shall not be allowed to work on
the street. The City shall supply the "No Parking" signs and door
hanger notices to be used on this project.
POSTING: The contractor shall be responsible for posting of "NO
PARKING" signs as notice of work to be done and also responsible
for any re-posting of notices to streets that need to be
rescheduled due to unforeseen delays. The contractor must post the
date the work is scheduled along with the following day's date on
each sign. This is in case of a minor delay. The "NO PARKING'
sign must have the dates posted on them in a legible manner.
The "NO PARKING" signs must be stapled to an "A"-frame wooden
barricade using three (3), 5/16" staples. A "NO PARKING" sign and
barricade shall be placed in front of each resident and on each
corner at an intersection.
SPECIAL PROVISIONS PAGE 2 OF 9
SPECIAL PROVISIONS Continued:
TOWING PROCEDURE: Cupertino Municipal Code Section 11.24.200 D
authorizes the tow away of a vehicle parked on a public street where
construction or street repair work is scheduled t3 occur. The
contractor performing the scheduled work is responsible for erecting
the required signs giving notice that such vehicles may be towed away
if left on the street during the day the work is scheduled to be
performed. The sign® shall be erected at least forty eight (48)
hours prior to the scheduled start of work. The contractor must
notify local authorities with locations of postings.
DOOR HANGERS: The Contractor shall be responsible for delivering
door hanger notices. The City will provide the door hanger notices
to the Contractor. These notices will be delivered to each residence
effected by the construction. This would include residences on
cul-de-sacs and housing complexes that may not be receiving a slurry
seal but the street that they exit on will be receiving a slurry
seal. The door hanger notices shall be delivered forty eight (48)
hours prior to the slurry sealing of the streets. The Contractor
shall follow this posting schedule:
A. Monday post for Wednesday
B. Tuesday post for Thursday
C. Wednesday post for Friday
D. Friday post for Monday & Tuesday
The notices shall be placed between the hours of 8:00 a.m. and 11:00
a.m The City Inspector shall verify that the notices were properly
placed; if in his opinion proper posting was not achieved the
Contractor shall not be allowed to place slurry seal on the street
and the street will be rescheduled.
6. INSPECTION AND INSPECTION COSTS:
The work will be inspected by the City of Cupertino. Inspection
costs for any work done before 8:00 AM or after 5:00 PM on a regular
work day, or on Saturdays, Sundays, or Holidays shall be paid for by
the contractor at th,? rate of $35.00 per hour.
7. PUBLIC CONVENIENCE AND SAFETY:
The contractor shall so conduct his operations as to cause the least
possible obstruction and inconvenience to public traffic. The
contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades and lights, and furnish sufficient
flagmen to give adequate warning to the public at all times that the
road or street is under construction and of any dangerous conditions
encountered as a result thereof.
Flagmen, barricades, and signing shall be required in order to insure
safe and orderly traffic flow. Side or adjacent streets shall be
posted and detoured with barricades and signs to insure traffic is
routed around the work area. No application of slurry material can
be scheduled so that a street is closed to traffic before 8:30 AM or
after 5:30 PM.
SPECIAL PROVISIONS PAGE 3 OF 9
SPECIAL PROVISIONS Continued
8. ESTIMATED QUANTITIES:
It is specifically pointed out that the quantities listed in the
proposal and specifications are estimates only and being given on a
basis of comparison of bids and the City of Cupertino does not agree
that the actual amount of work will correspond, but reserves the
right to increase or decrease the amount of any class or portion of
the work, or to omit items or portions of the work that may be deemed
necessary by the Engineer. THE Q►)ANTITY LISTED FOR EACH ITEM MAY BE
INCREASED OR DECREASED UP TO TWENTY-FIVE (25) PERCENT OF THE CONTRACT
QUANTITIES WITH NO CHANGE IN UNIT PRICE BID.
Estimated Quantities
ITEM DESCRIPTION EST.OTY. UNIT
1. Type II Slurry Seal 1,719,666 S.F.
2. Remove Traffic Striping 1,700 L.F.
3. Install Painted Traffic Legends & Arrows 84 EA.
4. Install Painted 12" white traffic striping 2, 475 L.F.
5. Install Painted 12" yellow traffic Striping :M L.F.
6. Install State Detail 1 2,570 L.F.
7. Install State Detail 21 2,680 L.F.
8. Install City Detail 23C 2,100 L.F.
9. Install City Detail 33C 1,600 L.F.
10. Install State Detail 38 1,410 L.F.
11. Remove and Install Blue Pavement Markers 78 EA.
12. Traffic Striping Layout 1 L.S.
Alternative Bid
1. Latex Modified Slurry Seal 1,719,666 S.F.
9. EXPLANATION OF BID ITEMS:
The price bid per unit measure of work shall include all costs of
labor, equipment and materials necessary for the furnishing and
construction complete in place and operating, of the work in
accordance with these specifications and/or the contract plans. Any
item described in the Special Provisions not specifically listed as a
bid item shall be considered as included in the various bid items and
rLo special compensation will be allowed.
BID ITEM NO. 1 - TYPE II SLURRY SEAL (S.F. ) :
This item is bid per square foot and shall include all costs for the
application of slurry seal as described in Section D of the Technical
Specifications.
BID ITEM NO. 2 - REMOVE ^'RAFFIC STRYPINGIj .F. I:
This bid item shall include all costs for the removal of the existing
and/or conflA.—Ing raised pavement markers associated with the State
and City Details as shown on contract plans. Existing pavement
markers, when no longer required for traffic lane delineation, shall
be removed and disposed of as directod by the Engineer. No
sandblasting required.
SPECIAL PROVISIONS PAGE 4 OF 9
SPECIAL PROVISIONS Continued:
BID ITEM NO 3 INSTALL PAINTED TRAFFIC LRGENDS AND ARROWS [Eachf:
This bid item shall include all costs for materials, equipment and
labor to install all legends as shown on the plans in accordance with
Section 84 of the Standard Specifications and the State Traffic
Manual.
Contractor shall be responsible for accurately locating the position
of all legends, arrows, and other markings in accordance with the
plans.
Prior to painting, the Contractor shall call for review and approval
by the City's Traffic Engineer. The City shall have the right to
make changes in the location and alignment of the pavement markings.
The City will supply the contractor the necessary templates for
legends and arrows. Arrangements for the loan and return of the
templates shall be made at the preconstruction cneeting.
The Contractor shall provide suitable barriers, warning signs or
other arrangements to keep both foot and vehicular traffic away from
the freshly painted surfaces until paint is thoroughly dry.
No separate payment will be made for traffic control for applying
traffic stripes. Full compensacion for traffic control shall be
considered as included in the contract prices bid for traffic
legends, and arrows.
Stop Bar 27
Stop = 17
Speed "25" = 15
Bump - 6
Arrows = 14
Stop Ahead = 2
Speed "35" = 2
Keep Clear 1
BID ITEM NO.4 5 6 7 8 9 & 10 - Install Traffic-stripina[L.F. t :
This bid item shall include all costs for materials, equipment and
labor to install all striping, as shown on the plans in accordance
with Section 84 of the Standard Specifications and tha State Traffic
Manual.
Prior to painting, the Contractor shall call for review and approval
of the proposed striping by the City's Traffic Engineer. The City
shall have the right to make changes in the location and alignment of
the lane stripes and pavement markings.
No separate payment will be made for traffic control for applying
traffic stripes. Full compensation for traffic control shall be
considered as included in the contract price
SPECIAL PROVISIONS PAGE 5 OF 9
SPECIAL PROVISIONS Continued:
BID ITEM NO 11 - REMOW AND INSTALL BLUE PAVEONT MARKERS (SACK :
This Unit Bid item shall include all costs for the replacement of the
2-way blue reflective markers designating the locations of fire
hydrants. The location of these markers shall be six inchen (6") off
the nearest lane striping toward and in line with the existing fire
hydrant.
In residential areas the location of these markers shall be six
inches (6") off the center line and in line with, the existing fire
hydrant.
The portion of the highway surface to which the markers is to be
bonded by the adhesive shall be free of dirt, curing compound,
grease, oil, moisture, loose or unsound layers, paint and any other
mategial which would adversely affect the bond of the adhesive.
Blast cleaning will not be required.
BID ITEM NO 12 - TRAFFIC STRIPING LAYOUT (CAT TRACKING OR DRIBBLET
M.S. ) •
This lump sum bid item shall include all costs for providing and
placing traffic marks per color and location shown on the plans or as
directed by the City Engineer.
Control oa alignment and layout of traffic stripes shall conform to
the provisions in Section 84-1.02, "Traffic Stripes and Pavement
Markings," of the Standard Specifications.
Contractor shall be responsible for accurately referencing out and
replacing the lines and positions of all traffic lines, directional
lines, arrows and other markings in accordance with the plans and
City Standard markings by cat tracking with painted marks immediately
or no later than two (2) hours behind the contractors paving
operation.
Cat tracking shall consist of stretching a rope on a straight line
between control points on tangent alignment and on a true arc through
control points on curved alignment and placing spots of paint along
the rope. The spots shall not be more than three inches (3") in
width and not more than five feet (5') apart on curves nor more than
ten feet (101 ) apart on tangents.
Dribble lines shall consist of marking the pavement with a thin line
of paint using a striping machine or other suitable device. Dribble
lines shall be on a straight line between control points on tangent
alignment and on a true arc through control points on curved
alignment.
Paint for cat tracks and dribble lines 6ha11 be the same color as the
traffic stripe for which they are replacing.
SPECIAL PROVISIONS PAGE 6 of 8
SPECIAL PROVISIONS Continued
Prior to painting, the contractor shall call for review and approval
of the proposed striping by the City's Traffic Engineer. City shall
have the right to make changes in the location and alignment of lane
stripes.
No separate payment will be made for traffic control for applying cat
tracks or dribble lines. Full compensation for traffic control shall
be considered as included in the contract prices.
See City of Cupertino Standard Detail 2-26 & 2-27.
See State Standard Plans A20-A, A20-B, A20-C, A-24A, A-24B, A-24C,
A-24D.
ALTERNATIVE BID ITEM NO 1- TYPE II SLURRY SEAL WITH TIME RESTRICTIONS
(S.F. ) :
This bid item if selected would be used in:%lead of Bid Item No. 1.
This item is bid per square foot and shall be the cost for the
application of latex modified slurry seal as described in Section D
of the Technical Specifications. Tl.e Contractor shall provide to
the City prior to starting the project the mix design for approval by
the City Engineer. Alonq with the mix design a one (1) gallon sample
of the latex modified emulsion and eighty (80) pounds of aggregate
must be provided so that tests can be performed to verify the mix
design performance. The Latex Modified Slurry Seal shall conform to
Section 37 of Caltrans Standard Specifications and the Technical
Specifications where applicable.
10. TIME OF COMPLETIONILIQUIDATED DAMAGES%
The contractor shall diligently prosecute the work and said work
shall be completed before the expiration of twenty (20) working days
from the notice to proceed.
The begifMing date for start of work shall be July 15, 1991. In
order to complete this maintenance work on schedule, the City
requests that once the notice to proceed and project has started, the
contractor not pull off the job until completion of work, unless
authorized by the City.
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.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's
assigned, successors, and sureties shall be liable to the City for
any excess.
11. WATER:
Since water quality is essential for this project the City will
supply potable water through a City fire hydrant for this project
only.
SPECIAL PROVISIONS PAGE 7 OF 9
SPECIAL PROVISIONS Continued
12. LIOUIDATED DAMAGES FQR TRAFFIC STRIPING:
A. Within two (2) hours after each street has been slurry sealed,
the Contractor shall be responsible for accurately locating and
placing temporary centerlines, two-way barrier, two-way left turn,
left turn, bike lanes, and travel lanes as shown in the Standard
Plans A20-A, B, C. Bid Item 12.
If the Contractor fails to perform this portion of the job the
Contractor shall pay to the City of Cupertino the sum of one hundred
fifty dollars ($150.00) per day for that day plus the sum of one
hundred fifty dollars ($150.00) for each and every calendar day the
temporary striping remains uncompleted.
B. Seven days following the slurry seal of each street, the
Contractor shall be responsible for installing permanent centerlines,
two-way barrier, two-way left turn, bike lanes, travel lanes, stop
bars, legends, speed limits, and other striping not solely limited to
these patterns or legends as shown in the Standard Plans A20-A, B, C;
A-24A, B, C, D and the project plans. Bid Item 3 thru 11.
Mach day the Contractor is responsible for providing the City with a
list of streets completed no later than 3:30 P.M. on each calendar
day of their operation.
If the Contractor fails to perform this portion of the job on the
seventh day, the Contractor shall pay the City of Cupertino the sum
of one hundred fifty dollars ($150.00) ) per day for that day plus the
sum of one hundred fifty dollars ($150.00) for each and every
calendar day the permanent traffic striping remains incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's
assigned, successors, and sureties shall be liable to the City for
any excess.
13. PRECONSTRUCTION MEETING:
A preconstruction meeting will be scheduled prior to beginning work.
Striping plans will be discussed at that time.
14. 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 noise level more than
89 dBA at a distance of twenty-five feet (251 ) (7.5 meters) .
2. A noise level on any nearby property does not exceed 70 dBA.
SPECIAL PROVISIONS PAGE 8 OF 9
SPECIAL PROVISIONS Continued
It is a violation of this chapter to engage in any grading, street
construction or underground utility work within seven hundred fifty
feet (770° ) of a residential area on Saturdays, Sundays, holidays,
and during the nighttime period except as provided in the City of
Cupertino Municipal Code, Section 10.48.
Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime standards
of Section 10.48.040.
15. SURFACE PREPARATION:
Special care shall be taken to clean the pavement before the slurry
seal application. Contractor shall provide whatever compressed air
or other cleaning methods approved by the City necessary to remove
all dirt, weeds and loose material from the pavement.
16. TREE TRIMMING:
All tree trimming shall be done by the City prior to beginning of
work. The Contractor shall provide the City with a list of street
addresses requiring tree trimming, at the pre-construction meeting.
17. FINAL CLEANUP•
The contractor shall provide all necessary equipment, skill and
manpower to sweep all completed slurry sealed streets to the
satisfaction of the City Inspector.
18. PAYMENT:
Payment shall be made on only those streets the City has approved and
for an approved amount. No other compensation will be allowed. A
payment schedule is available in the Public Works Department.
Change orders will not be considered or accepted after the project
has been accepted by the City Council.
SPECIAL PROVISIONS PAGE 9 OF 9
D. TECHNICAL SPECIFICATIONS
1. TYPE II SLURRY SEAL
A. MATERIALS:
1. Asphaltic Emulsion - Bituminous binder shall ba a quick set
cationic emulsion, and shall conform to Secti:wn 37-2.02A,
Asphaltic Emulsion", of the State of California Specifica6-ione.
2. Aggregate - The aggregate used in this project shall conform to
Section 37-2.02C, "Aggregates", of the State of California
Specifications. Percent composition by weight shall conform to
the following schedule when tested by Test. No. California 202.
Sieve Size Percent Passing (Tune II)
3/8" 100%
No. 4 90 -100
No. 8 65 - 90
NO. 16 40 - 70
No. 30 25 - 50
No. 200 5 - 15
The aggregate shall also conform to the following quality
requirements:
California
Tests Test Requirements
Sand Equivalent 217 45 Min.
Film Stripping (Test performed on
the material passing the No. 8 sieve
and retained in the No. 16 sieve) 302 25% Max.
Durability Index 229 60 Min.
The contractor shall supply the City with a sample of the asphaltic
emulsion (1 gal. ) and aggregate (80 lbs.) to be used on the project.
If the batch changes during the course of the project new samples
will be required.
A Certificate of Compliance is required for each load of materials.
All slurry seals must pass a wet track abrasion test by ASTM D3910
which allows 75 gms/sq. ft. max. to be lost during the test.
B. WATER•
All water used with the slurry mixture shall be potable and free from
harmful soluble salts. The contractor shall include all costs for
obtaining water. A City water hydrant is located adjacent to the
City Service Center where material may be stockpiled.
C. APPLICATION OF SLURRY:
I. Slurry seal shall be placed only when the atmospheric temperature
is at least 650F. Slurry seal shall not be placed on the
surface of a street after the times delineated in the Special
Provisions, Paragraph 2, Traffic Control, unless expressly
authorized by the Engineer. If the relative humidity is too high
to allow quick setting of the slurry the work shall be postponed.
TECHNICAL SPECIFICATIONS PAGE 1 OF 3
TECHNICAL SPECIFICATIONS continued:
2. Before slurry seal is to be applied to any areas, all
miscellaneous utility cover, including all flush mounted street
monuments and manhole covers located in the areas to be surfaced
shall be covered or oiled. The covers and monuments shall be
completely cleaned as quickly as possible after the application
of the slurry seal and prior to the final set of the slurry.
All items so cleaned by the contractor shall meet the
requirements stipulated by the Engineer and/or the utilities
involved.
3. The contractor shall refrain from using diesel fuel or solvents
of any kind for cleaning tools and equipment in such a manner as
to permit spillage of the diesel fuel or solvent on existing
pavement, curbs, gutters, parkways, or other improved areas.
4. The rate of curing of the slurry seal shall be such that a street
may be open to traffic within two (2) hours after application
without tracking or damage to the surfacing.
5. The surface shall be fogged with water at a rate of 0.10 gallon
per square yard directly preceding the spreader if required. The
application of slurry shall then be such to apply a uniform
complete coverage of the street areas. No lumping, balling or
unmixed aggregate shall be permitted. If segregation of the
emulsion and aggregate fines from the coarse aggregate settles to
the bottom of the mix, the slurry will be removed from the
pavement. No excessive bleeding of the emulsion will be allowed
in the spreader box. No streaks such as caused by oversized
aggregate will be left in the finished pavement.
The entire pavement, including the area around curb returns,
shall be covered from gutter to gutter.
A sand blotter shall be spread at selected intersections, where
required by the Engineer, to accommodate pedestrian traffic until
the slurry sets.
No excessive build-up nor unsightly appearance shall be permitted
on longitudinal or transverse joints. The use of burlap drags or
other type drags shall he approved by the Engineer.
Approved squeegees shall be used to spread slurry in non
accessible areas to the slurry mixer. Care shall be exercised in
leaving no unsightly appearance from hand work.
"Tire tracks" from the equipment used herein shall not mar or
discolor adjoining streets where no work is to be done. Said
tracks discoloration shall be sand blotted out as required by the
Engineer. This shall apply to noticeable discolorations.
TECHNICAL SPECIFICATIONS PAGE 2 OF 3
TECHNICAL SPECIFICATIONS Continued:
D. PROPORTIONING:
The mix shall be proportioned in accordance with Section 37-2.03.
E. STOCKPILE AREA:
The contractor may stockpile aggregate on the City's property at
10555 Mary Avenue, dust control must be provided. All cleanup and
removal of excess material shall be provided by the contractor at no
cost to the City. Said work shall be at the direction of the
Engineer.
TECHNICAL SPECIFICATIONS PAGE 3 OF 3
SIGNATURE PAGE
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
REVIEWED BY: APPRO BY:
Travice Whitten ert J. is avich
Deputy Director of Public Works irecto of Public Works
SIGNATURE PAGE 1 OF 1
SLURRS'SEAL PROJECT91-105
LD )5C45 1ALLD RBROOK LN 13LAZINGWOOD/BOLLINGER 4S. SQ. Fl----r- ' f, C���1PI_E=TED'yg
5W [ALDERBRO_OK WY 1ALDERBROOK/END F 856 7.704
_ 280 ANTON WY ,ALVES/STEVENS CRK. BL. _ 1 2017 ' m153
3W. ASTER CT JASTER/END 46`I 7,803 �^
3070 ASTER LN INORMANDY/BARNHART j 5333 _47,997
3080 BARNHART PL ASTER/JAMESTOWN _T 4978 44,802 !
3460 BLOSSOM LN FELTON/END ( 1233 _ 11,097
6135 BYRNE AV MCCLELLAN/100'N. DOLORAS 2844 25959-6 -�
i 6470 COLUMBUS AVE BUBB/MARIA ROS _ 5280 47,5?0 ~�
! 5300 IDAVISON AVE GLENVIEW/E.ESTATES 2667 1 24,00
F- 4810 E.ESTATES DR STEVENS CRK BL./RICHWOOD 1956 17,604 1
fi---4315 E.ESTATES DR _ RICHWOOD/LA MAR ^6300 56,700
3430 ERIN WY STELLING/KIM 4302 _ 38,718
5345 ESTATES DR W.ESTATES/BOLLINGER 411 3,6991
4485 FARRALONE DR PACIFICA/LAS ONDAS 3600 32,400
3470 jFELTONVvrY IKIRWIN/MCCLELLAN 3646 32,814
5310 1GLENVIEWAVE E.ESTATES/725'S.LA MAR 5067 45,603 I
5315 GLENVIEW AVE 725'S.LA MAR/LA MAR _ 2578 23,202
3390 HOLLYHEAD LN SQUIREWOOD/END 2311 20,799 I
3480 JOHN WY KIRWIN/MCCLELLAN 2928 26,352
L 3230 KINGSBURY CT KINGSBURY/END _ 501 4,509
3300 KINGSBURYPL CANDLELIGHT/SCOTLAND 2133 19,197
3490 KIRWIN LN DEANZA/LONNA 5600 50,400
3495 KIRWIN LN LONNA/ERIN 3733 33,597
5330 LA MAR CT E.ESTATES/END 823 7,407
5320 LA MAR DR BLANEY/E.ESTATES 6900 62,100
5250 LANSDALE AVE OAKVILLE/LA MAR 2667 24,003
1410 LARRY WY MERRITT/LUCILLE 5295 47,655 _
5240 LINDSAY AVE LA MAR/OAKVILLE _ 1778 16,002
3370 LOCKFORD CT SCOTLAND/END 1458 13,122 v
3440 LONNA LN _ KIRWIN/MCCLELLAN 2928 26,352 -1
_5"'60 MALVERN CT LA MAR/END 583 5,247 _
5620 MERCEDES RD CORDOVA/END _ 2000 18,000
5600 IMERRIMAN RD ALCALDE/SANTA LUCIA 2933 261397
1360 MERRITT DR BLANEY/E.END 7800 70,200
5810 MIRA VISTA RD MC CLELLAN/PALM _ 1667 1.5,003 _
3290 MOLTZEN DR RUPPELL/CANDLELIGHT 1511 13,599 _
5280 OAKVILLE AVE GLENVIEW/LA MAR 3556 32,004
4320 PACIFICA DR BLANEY/TORRE 6880 61,920
300 PENINSULA AVE STEVENS CRK.BL/UNIVERSITY 6150 55,350
5270 PINEVILLE AVE LA MAR/GLENVIEW 3911 35,199
1,180 PLUM TREE LN MERRITT/FOREST 5100 45,900
1310 PORTAL AVE STEVENS CRK.BL/END N.DRAKE 5972 ' 53,748
3190 PROSPECT RD SARATOGA-SUNNY/JAMESTOWN 3200 28,800
3200 PROSPECT RD JAMESTOWN/STELLING 4978 44,802
6240 RAE LN I.INDA VISTA/END 772 6,948
SLURRY SEAL PROJECr 91-105
I.D.# STREET' _ FROM/TO _ ,SQ.YI) SQ.FT CONtPLI"I'EL7�
5290 RAMPART AVE E.ESTATES/GLENVIEW -��2453 22,077
1420 RANDY LN NIERRTIT/LUCILLE A1521 46,368
3310 RUPPELL PL KINGSBURY/END 2147 19,323
5660 SAN JUAN RD ICORDOVA/STEVENS CANYON _ 2689 24,201
5800 SAN LEANDRO AVE SANTA PAULA/MCCLELLAN _ 1389 12,501
5610 SANTA LUCIA RD _ STEVENS CANYON/CORDO`✓A 4267 38,403
5790 SANTA PAULA AVE FOOTHILL/MIRA VISTA 2167 19,503
5920 SCENIC BLVD CARMEN/PALM 2533 22,797
5925 SCENIC BL PALM/SCEN?C 1422. 12,798
r�- 3360 SCOTLAND DR SQUIREWOOD/KINGSBURY 3911 35,199
3380 SQUIREWOOD WY SCOTLAND/STEL_LING 2489 22,401
4720 SUTTON PARK PL TANTAU/END 1650 14,850
4710 TANTAU AVE PHIL/SUTTON PARK 3200 28.800
4715 TANTAU AVE SUTTON PARK/BOLLINGER 1080 9,720
T O T A L 1�19666
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DETAIL 23C
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481 48
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DETAIL 33C
LEGEND
® TWO-WAY YELLOW REFLECTIVE MARKER
O NON- REFLECTIVE YELLOW MARKER
CITY OF CUPERTIN® ]APPROVED 8�► : ATE : �,p q 2-26
STANDARD ®ETAl1.3 �-
CX N'MCr FOR PUBLIC MARKS
CONTRACT oracle on June 1, 1991 by the CITY OF CUPERTDNO, a municipal
corporation of the State of California, hereinafter called the CITY, and
VALLEY SLURRY SEAL COMPANY, hereinafter called the CORMCMR.
IT IS HEREBY AGREED by the parties as follows:
1. THE CON RACr DOCUMENTS. The complete contract consists of the
following contract documents:
A. Plans and Specifications for SIR= M]UNM4ACE-SLURRY SEAL.
PRCJ rr 91-105
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
comprising the complete contract are sometimes hereinafter referred to as
the Contract Documents. In case of conflict between: the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans
and Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, transportation, and material
necessary to perform and complete in a good and workmanlike manner, the
work of STREET MAlNIENMCE - SLURRY SEAL as called for, and in the manner
desianated in, and in strict conformity with, the Plans and Specifications
prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted
by the City, which Plans and Specifications are entitled, respectively,
STREET MAINTENANCE- SLURRY SEAL Project 91-105 and which Plans and
Specifications are identified by the signatures of the parties to this
Contract.
1
It is understood and agreed that said tools, equipment, apparatus,
facilities, labor, transportation, and material shall be furnished, and
that said work shall be performed and ooipleted as required in said Plans
and Specifications under the sole direction of the Contractor, but subject
to the inspection and approval of the City, or its representative. The
City hereby designates as its representative for the purpose of this
Contract: 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: ONE HUNDRED TEN THOUSAND SIX HUNDRED THIRTY 11MEE: DOLLARS AND 90/100
($110,633.90)
subject to additions and deductions as provided in the Contract Documents,
per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING TO PAYMWr FUR WORK. Should any dispute arise
respecting the true value 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 unit
of prices, if applicable, or in accordance with the agreement of prices,
if applicable, or in accordance with the agreement of the parties, or in
accordance with the rules of the American Arbitration Association if the
parties are unable to agree.
5. PERNQTS, COMPLIANCE WITH LAW. The Contractor shall, at his expense,
obtain all necessary permits and licenses, easements, etc., for the
construction of the project, give all necessary notices, pay all fees
required by law, and comply with all laws, ordinances, rules and
regulations relating to the work and to the preservation of the public
health and safety.
6. INSPECTION BY THE CITY. 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 Specifications require work to be specially tested
or approved, it shall not be tested or covered up 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, approval, or consent, it must, if required by the
City, be uncovered for examination at the Contractor's expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGED. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or omissions 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 deducted from, the amount 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 Association if the parties are unable to
agree. No extra work shall be perfoz-rned or change be made except by a
written order from the City, duly authorized by resolution of its
governing 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 sum shall be valid unless so ordered.
2
8. OWCES TO MEET ElWnVNME aAL RMUIOMM. The City shall have the
' right to make changes in this Contract during the course of construction
to bring the completed improvements into compliance with environmental
requirements or standards established by State and Federal statutes and
regulations after the Contract has been awarded or entered into. The
Contractor shall be paid for by such changes 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
Association if the parties are unable to agree.
9. T KWT-10N, AMENUMENM or MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties.
The oa�ensation payable, if any, for such to mination, amendment or
modifications, shall be determined either by reference to the unit price,
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.
10. TIME FOR COMPU ION. All work under this Contract shall be
completed: 20 'WORKIM 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 charges ordered in the work, or by strikes, lockouts by others, fire,
unusual delay in transportation, unavoidable casualties 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
tire of completion. shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay by
either party under other provisions in the Contract Documents.
11. INSpEMON AND TESTING OF MATERIA1 . 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. TLTKWTION FOR BREACH, EIC. If the Contractor should be adjudged a
bankrupt, or if he should make a general assignment for the benefit of his
creaitors, or if a receiver should be appointed on account of his
insolvency, or if he or any at 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. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and perform
the Contract; provided, however, that, if the surety within fifteen days
after the serving upon it of notice of termination does not give the City
written notice of its intention to take over and perform the Contract, or
does not commenoe performance thereof within thirty days from the date of
3
the serving of such notice, the City may take over the work and prosecute
• the same m to o pletion 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 sttiall be liable to the City for any exoess 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 CITY 11 S RIGKr TO W IMMID CERTAIN AM LINTS AND MAKE APPLICATION
7IEF2D'JF. In addition to the amount which the City may retain under
Paragraph 21 of this Contract until the final oompletion 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
necessary 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 amount or amounts to the payment
of such claim 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 as 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 faith. 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 TVOI FJDF. Any notice from one party to the other
under this Contract shall be in writing, and shall be datad and signed
either by the party giving such notice, or by a duly authorized
representative of such party. Any such notice shall not be effective for
any purpose whatsoever unless served in the following manner: (a) if the
notice is given to the City either by personal delivery thereof to the
City Manager 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: P.G. BOY 1620 , W. SACRAMLNM, CA 95691 postage
prepaid and certified; and (c) if the notice is given to the surety or any
other person, either by personal delivery to such surety or other person,
or by depositing the same in the United States mails, enclosed in a sealed
envelope, addressed to such surety or person, as the case may be, at the
address of such surety or persons last communicated by him to the party
giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof,
nor moneys due or to become due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
4
16. OWLIANCE WrM SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or prooess is indicated or specified by
patent or proprietary name, or by name of manufacturer. , such
Specifications must be met Ly Contractor, unless the City agrees in
writing to some other material, process or article offered by Contractor
which is equal in all respects to the one specified.
17. CONTRACT SECURITY. 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,
provender, or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for performing any work or labor
thereon of any kind, and for the payment of amounts clue under the
Unemployment Insurance Code with respect to such work or labor in
connection with this Concrat-, and for the payment of a reasrnaUe
attorney's 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 commerce work on his
subcontract until all similar insuranoc 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 endorsement 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) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S IJMI=
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Diployer'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 Compensation
Insurance and Employer's Liability Insurance for all of the latter's
employees unless such employees are covered by the protection afforded
by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor code:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the
provisions of the Code, and I will comply with such provisions before
commencing the performance of the work of this contract".
5
(b) LSABILITY INSURANCE. The Contractor shall take out and maintain
&&-ring the life of this Contract such Bodily Injury Liability and
Property Damage Liability Insurance as shall protect him and any
subcontractor performing work covered by this Contract from claims for
Property damage, including third-party property damage, to include
coverage on property in the care, custody and control of the
Contractor, and also excluding what are commonly known as the 01X, C,
and U81 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 employed
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 accidental 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 Liab,.lity Insurance in an amount 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. HOLD HAS. The Contractor will save, keep, and hold harmless
the City and all officers, epployees, and agents thereof from all damages,
costs, or expenses, 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 WORK. Eight hours of labor during any one calendar day and
forty hours of labor during any one calendar week shall constitute the
maximum hairs 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 during any one calra-xLr
week, except, as provided by Section 1815 of the Labor Code 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 incorporated
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 calendar day and forty hours in any one calendar
week in violation of the provisions of said sections of 'the Labor Code.
The Contractor, and each subcontractor, shall keep an accurate record
showing the names of and actual hours worked each calendar day and each
calendar week by all laborers, workmen, and mechanics employed by him in
connection with the work contemplated 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 Enforcement 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 worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker,
or other employee employed by him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable hours at
the principal office of the 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 erployee or his or her
authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available for inspection or furnished upon request
to a representative of the body awarding the contract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available upon request to the public for inspection
or copies thereof made, provided, however, that a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
7
91-014 TRAFFIC SIGNAL MAINTENANCE 5 of 5
PROJ.$b02
�d
St ndards 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 (it) with the entity that requested such records
within ten (10) days after receipt of a written request.
(d) Any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding
bids, the Division of Apprenticeship Standards or the Division of Tabor
1�rds Enforcement shall be marked or obliterated in such a manner as
to prevent disclosure of an individual's name, address and social Fecurity
number. The name and address of the Contractor awarded the contract or
performing the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a), including the
street address, city and county and shall, within five working days,
provide a notice of a change of location and address.
(f) In the event of noncompliance with the re Arements of this section,
the Contractor shall have ten (10) days in which to comply subsequent to
receipt of writ ..:en notice specifying in what respects such contractor must
camTly with this section. Should noncomplianor still be evident after
such ten (10) day period, the Contractor shall, as a penalty to the state
of political subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or portion
thereof, for each worker, until strict compliance is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division of
Labor Standards Enforcement, such penalties shall be withheld from
progress payments then due.
(g) The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such stipulations shall
fire the responsibility fo, 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
I. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8
(commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release
of such records, including the establishment of reasonable fees to be
charged to reproducing copies of records required by this section. (Added
by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of properly
registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to apprentices
under the regulations of the craft or trade at which he is employed, and
shall be eMloyed 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 agreements under Chapter 4
(commencing with Section 3070) , Division 3, of the Iabor Code, are
eligible to be employed on public works. The employment and training cf
each apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which he is
training.
When the Contractor to whom the contract is awarded by the State Or any
political subdivision, or any subcontractor under him, in performing any
of the work under the contract or subcontract, employs workmen in any
apprentie�able 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 apprentice-:hip standards for the employment and training of
apprenticeships ir. the area or industry affected; provided, however, that
the approval as established by the joint apprenticeship caxrmittee or
cxnc:nittees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent to
a,-proving the subject contractor or subcontractor, shall arrange for the
ejispatch of apprentices to the Contractor or subcontractor in order to
conply with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the site of
the public work to ensure equal employment and affirmative action in ;
apprenticeship for women and m.Lnorities. Contractors or subcontractors
shall not be required to submit individual applications for approval to
l;:;al joint apprenticeship committees provided they are already covered by
the local apprenticeship standards. The ratio of apprentices -to
journeymen who shall be employed in the 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 they 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 eWloys
apprentices in such craft or trade in the state on all of this contract on
an annual average of not lei 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 {;coo thousand dollcurs ($2,000.00)
or fewer than five (5) working days.
"Apprenticeable 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 Council. The
joint apprenticeship cmanittee 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 unenployment 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-te-5, or
(c) If there is a showing that the apprenticx-able craft or trade is
replacing at least one-thirtieth of its jourreymen annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would crate a condition which would jeopardize his life or
the life, safety, or property c:f 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 in a specific trade from the 1 to 5 ratio on a local or
statewide basis the member contractors will not be required to submit
individual applications for approval to local joint apprenticeship
eom►ut'-ees, provided they are already covered by the local apprenticeship
standards.
A Contractor to whom the contract is awarded, or any subcontractor under
him, who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprentic:eabie 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 adminis trators are urkable to accept such funds, Contractors not
signatory to the trust agreement shall pay a like amount to the California
Aprenticeship Council. The Contractor or subcontractor may add the
aweiunt of such contributions in computing his bid for the contract. The
Division of Labor Standards I�nforeement 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 sPcction. 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 shall be unlawful for an a ployer 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, armstry, 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 comply 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 noncompliance. Notwithstanding the
provisions of Section 1727, upon receipt of such a determination the
awarding body shall withhold from contract progress payments then due
or to become due such sum.
(b) Any such determination shall be issued after a full investigation, a
fair and impartial hearing, and reasonable notica thereo` in accordance
with reasonable rules and procedures presa_,ibed 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. (Jaended 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 preva i 1 ing rates for any work done under this Contract by him
or by any subcontractor under work done under this Contract by him or by
any subcontractor under him; and Contractor agrees to Comply with all
provisions of Section 1775 of the Labor Code.
In case it becomes necessary for thc 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
ether non-manual workers as such) for which no minimum wage rate is herein
specified, the Contractor shall immediately notify the City, who will
proaptly thereafter determine the prevailing rate for such additional
trade or occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial
employment of the person affected and during the continuance of such
employment.
11
22. ACCIDPTT PREVRMON. Precaution shall be exercised at all times for
tJ,%e protection of persons (including employes.) and property. The safety
provisions of applicable laws, building and construction codes shall be
et_-=erved. 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 Carmission of the. State of
California.
23. PAYM W. 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 approval estimate of the work performed and
materials incorporated in the project, during the preceding calendar
month, by the Contractor, but 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 reeordi,:q by the City of notice of acceptance
of completion of all work covered by this Contract, if such notice be
recorded within ten days after the acceptance of cm pletion of such
Contract as evidenced by resolution of its governing body; or, if such
notice by 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 governirr4 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 ftom, the
City's representative shall, before the last TLesday 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, inclurung a
statement of the defects, if any, to be remedied, to entitle the
Contractor to the certificate of cmpletion. 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 saw, the Contractor- may file demand with the City, and, in event
said certificates are not furnished within ten (10) days thereafter, the
same shall become due and payable.
In case the City's representative delivers the writing aforesaid, in lieu
of the certificates, then a ompliance by the Contractor with the
requirements of said writing shall entitle the Contractor to the
certif hates.
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. PRUrECTION OF PUBLIC UTILITIES. The City shall be responsible as
between the parties to this Contract only, for the removal, 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 eonpensate the Contractor for costs incurred in
12
relocating or repairing damage to utility facilities not indicated in the
Plan 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 ta, the construction site. The Contractor shall not be
assessed liquidatcd damages for delay in completion of the Contract
project, as provider] 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 RESPONSIBIII'I'Y FIOR THE WORK. The Contractor shall not
be responsible for the cost of repairing or restoring damage to the work
caused by an Act of God. , the Contractor shall, if the
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 GUARAWIT. 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 conform 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 Contractor will
forthwith remedy such defects without cost to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to compl.�te, within the time fixed for
such completion, the work hereinbefore mentioned and described and hereby
contracted to be done and performed, he shall became liable to the City
for liquidated damages in the sum of ONT- HUNDRID FIFTY DOLLARS ($150.00)
for each and every calendar day during which said work shall remain
uncompleted beyond such time for cxx letion 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 deducted by the City from moneys due the Contractor hereunder, or his
assigns and successors at the time of eat letion, and his sureties shall
be liable to the City any excess.
28. ADDITIONAL PROVISIONS.
None
13
P. O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
C1'IY OF CUPERTINO
Approved as to form ��;
Cit}� Attorney City Clerk: w
Date./City Clerk:
CONTRACZOR: L!EY SLURS<Y S;DfiL C ii 1'•NY
A (ALI'r*ORN) CORPOR ION
BY:
ter:FFREY REED
Frjs1 --n':
Notary acknalwledgment required-
If a corporation, corporate seal
and corporate notary
acknowledgment required.
STATE OF CALIFORNIA
COUNTY OF...... Y9.10................................
On this......1.2t.h......day of....June......................in the year of 19g.1
before me, the undersiggnned, a Notary Public in and for said State, personally
appeared ..........Jef f.rey.-R....Reed.................. personally known to me
OFFICIAL SEAL (or proved on the basis of satisfactory evidence) to be the person(s) whose
-V x rSi .: MINNA P, $OYrE name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capaeity(ies),
�� YOLO OUIN,I ;��{ and that by his/her/their signature(s) on the instrument the person(s), or the
My entity upon behalf of which the person(s) acted, executed the instrument.
WITN�E�SSS my hand and official seal.
1j,
�1 .(�...................................
Notary Public in and sai State,
This document is only a general forth which may be proper for use in simple transactions and in no way ads,or is intended to act.as a eubstltute tot the advice of an attomey.The printer does not
make any warremy,either express or implied.as to the legal validity of any provision or the suitability of these loans in any specfflc transaction.
Cowdery's Form No.JOG—ACKNOWLEDGMENT—All Purpose—( V91)
1991 CAPITAL IMPRDVEMENT PAYMENT SCHM7LE
QLJAhTITIES CLT OFF DATE CHE X RELEASE DATE
FRIDAY 5.00 PM FRIDAY
JANUARY 11 JANUARY 25
FEBRUMM 8 FE IR0AArd 22
` MARCH 8 Nei 22
APRIL 5 APRIL 19
MAY 3 MAY 17
MAY 31 JUNE 14
JM, 28 DULY 12
JULY 26 AUGUST 9
AUGUST 23 SEPITMBER 6
SEPTEMBER 20 OCIOBER 4
OC OBER 18 NOVEMBER 1
NOVEMBER 15 NOVEMBER 29
DECFMBE R 13 DEER 27
15
D J a ,
BID PROPOSAL
STREET MAINTENANCE - SLURRY SEAL
PROJECT 91-105
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications furnished for the work of
the Slurry Seal Project in the City of Cupertino Project 91-105 I, the
undersigned, hereby declare that I have read the proposal rer,.iirements,
visited the sites, and examined the specifications. I, the undersigned,
hereby propose to do all work required to complete the work in accordance
with the Plans and Specifications for the prices set forth in the
fo'.lowing* schedule. I further understand that said prices include all
costs including, but not limited to, local, state and federal taxes, and
transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bide or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Slurry Seal
Project, Project 91-105 as described in the Special Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to completion
before the expiration of 20 working days. I further understand that I
shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every calendar day's delay beyond the
times established in this proposal for each and every portion of the
completion process described in the time for completion portion of this
proposal.
1. Within two (2) hours after each street has been slurry sealed, I shall
be responsible for accurately locating and placing temporary centerlines,
two-way barrier, two-way left turn, left turn, bike lanes, and travel
lanes as shown in the Standard Plans A20-A, B, C. Bid Item 12.
PROPOSAL PAGE 1 OF 8
l
BID PROPOSAL CONTINUED:
If I fail to perform this portion of the job I shall pay to the City of
Cupertino the sum of one hundred fifty dollars ($150.00) per day for that
day plus the sum of one hundred fifty dollars ($150.00) for each and every
calendar day the temporary striping remains uncompleted.
2. Seven days following the Slurry Seal of each street, I shall be
responsible for installing permanent centerlines, two-way barrier, two-way
left turn, bike lines, travel lanes, stop bare, legends, speed limits, and
other striping not solely limited to these patterns or legends as shown in
the Standard Plane A20-A, B, C; A-24A, B, C, D and the project plans. Bid
Item 3 thru 11.
Each day the contractor is responsible for providing the City with a list
of streets completed no later than 3:30 p.m. on each calendar day of their
operation.
If I fail to perform this portion of the )kO on the seventh day, I shall
pay the City of Cupertino the sum of one hu.idred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars (5150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the contractor hereunder, or the contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
3. Completion of entire project 20 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined beluw
Bid Est.Qty.
Item Unit Item Unit Price Total
1. 1,719,666 S.F. Type I I Slurry Seal $ -72 _/S.F.
2. 1,700 L.F. Remove Traffic Striping $ /L.F.
3. 84 EA. Install Painted Traffic
Legends and Arrows $ 7 „/EA. $_ -2-
4. 2,475 L.F. Install Painted 12 inch
white Traffic Striping $ /L.F $
5. 105 L.F. Install Painted 12 inch
Yellow Traffic Striping $-, 1 /L.F. $ \ \ c�
6. 2,570 L.F. Install State Detail 1 $ <__? f L.F.
BID PROPOSAL PAGE 2 of 8
BID PROPOSAL CONTINUED:
7. 2,680 L.F. Install State Detail 21
8 2,100 L.F. Install City Detail 23C /L.F.
9. 1,610 L.F. Install City Detail 33C
tfU c �
10. 1,410 L.F. Install State Detail 38 $ /L.F. $
11. 78 EA. Remove and Install Blue
Pavement Markers $ yc., /EA. $
12. 1 L.S. Traffic Striping Layout $ It /L.S. mac; ,?
b y
TOTAL BIG $ r (dam
ALTERNATIVE BID
1. 1,719,666 S.F. Lat&x Modified v y98 -�
Sluri,y Seal S C7 / S.F.
O\L-
V1L/
BID PROPOSAL PAGE 3 OF 8
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 as required by law and the Notice to Bidders
(10% of bid amount)
BID PROPOSAL PAGE 4 OF 8
A. BID DOCUMENTS, Continued
BIDDER QUALIFICATION FORM
In further 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 truthfulness and
utterance of the information is hereby guaranteed.
(1) Now many years has your organization been in
business under its present name? .) t y ' '4(
(2) How many years experience in wore: comparable with
that required under the proposed contract has your
organization had by this or any other name? ji. I
(3) Contractor's License No. Or 11293727 A R (3
State of California, Classification f"
Expiration Date , j ^0
(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
BID PROPOSAL PAGE 5 OF 8
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractors, if any
(Section 4104, Government Code)
2.
3.
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
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 6 OF 8
A. BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS BID IS BEING MADE
UNDER PENALTY OF PERJURY.
TYPE OF BUSINESS: Individual:
r R RITOCo-Partnership
President corporation VALLEY SL!..ilrRY SEAL (,`►:t;'rsiV
! •' l.) ''i_rl���d Joint Venture _
VICE P-:':S_!DENT j
Other %r
( scribe)
COUNT I.. MOROTTI
SECR1.IfARY
Name and Signature of._ deb?: /
WENDELL REED !Print)
TREASURER /''JEFFR REEu
P esi dent _
(Signature)
Address (Both mailing and location addressee) :
VALLEY SI IIRRY UAI COO
P.O. BOX 1620
u�r loh4�N!'G-CA-95691 C l
'Mo
Telephone Number:
�l (916) 373-1500
Date: fnc'4'
Addendas Received:
1 2 3 d 5
BID PROPOSAL PAGE 7 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California as.
County of )� i
i( 4 '1• t' 4 , , being first duly sworn, deposes
and says that he or she is \, of l_'r, I' 6 ` i f : , ' , , t
_ .r
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 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. 11
Name and Signature of Bidder: 1
i
__(Print)
JEFFREY 7ED
President
wV (Signature)
Date: � ( '• c ( l ';y 1 `i �'. i
BID PROPOSAL PAGE 8 OF 8
STATEMENT OF EXPERIENCE
t
City of Newark Bid Date: 4/10/90
37101 Newark Blvd Amount: $56,675.58
Newark, CA Contact: Frank Hermosa
Contract: Slurry Seal Phone: (415) 745-1104
City of Santa Clara Bid Date: 5/7/90
1700 Walsh Avenue Amount: $232,285.08
Santa Clara, CA 95050 Contact: Al Argo/Walt Corbella
Contract: Slurry Seal Phone: (408) 984-3080
County of Clackamas Bid Date: 4/17/90
902 Abernethy Road Amount: $347,400.00
Oregon City, OR 97045 Contact: Denny Roberts
Contract: Slurry Seal Phone: (503) 650-3348
County of Alameda Bid Date: 5/15/90
399 Elmhurst Street Amount: $370,248.00
Hayward, CA 94544 Contact: Richard Witzeg
Contract: Slurry Seal Phone. (415) 670-5591
City of Hanford Bid Date: 5/22/90
900 S. 10th Avenue Amount: $64,650.00
Hanford, CA 93230 Contact: Lou Camara
Contract: Slurry Seal Phone: (209) 693-2511
City of Cupertino Bid 'Date: 5/29/90
10300 Torre Avenue Amount: $191,608.33
Cupertino; CA 95014 Contact: Carmen Lynaugh
Contract: Slurry Seal Phone: (408) 252-4505
City of Santa Rosa Bid Date: 5/30/90
69 Stony Circle Amount: $110,948.36
Santa Rosa, CA 95401 Contact: Mark W. Berube
Contract: Slurry Seal Phone: (707) -76-5358
City of Mountain View Bid Date: 5/29/90
P.O. Box 7540 Amount: $97,071.58
Mountain View, CA 94039 Contact: Mike Ballard
Contract: Slurry Seal Phone: (415) 966-6311
City of Roseburg Bid Date: 5/7/90
900 S.E. Douglas Avenue Amount: $48,571 .00
Roseburg, OR 97470 Contact: David Lee
Contract: Slurry Seal Phone: (503) 673-1610
City of Taft Bid Date: 6/26/90
209 E. Kern Street Amount: $83,444.81
Taft, CA 93268 Contact: Bill Kytola
Contract: Street Maintenance Phone: (805) 763-3144
a
i
O
County of Calaveras Bid Date: 7/6/90
891 Mountain Ranch Road Amount: $87,240.54
San Andreas, CA 95249 Contact: Hossein
Contract: Latex Emulsion Phone: (209) 754-6402
Mix Microsurfacing
City of Vacaville Bid Date: 7/17/90
650 Merchant Street Amount: $257,652. 10
Vacaville, CA 95688 Contact: Mike Begood
Contract: Slurry Seal Phone: (707) 449-5170
County of Sacramento Bid Date: 8/2/90
827 7th Street, Rm 304 Amount: $453,261.25
Sacramento, CA 95814 Contact: Dick Resinger !
Contract: Slurry Seal Phone: (916) 366-2667
City of Milbrae Bid Date: 8/30/90 `
621 Magnolia Avenue Amount: S85,050.50
Milbrae, CA 94030 Contact: Wayne Bush
Contract: Slurry Seal Phone: (415) 259-2339 !�
Town of Ross Bid Date: 9/11/90
PO Box 320 Amount: $12,740.00
Ross, CA 94957 Contact: Robi Elias
Contract: Slurry Seal Phone: (415) 453-1453 -
City of Monterey Bid Date: 9/25/90
399 Madison Street Amount: S235,023.01
Monterey, CA 93940 Contact: Martha Shelby
Contract: Slurry Seal Phone: (408) 646-3896
City of San Ramon Bid Date: 9/25/90
PO Box 5148 Amount: S368,234.06
San Ramon, CA 94583 Contact: Steve Pace
Contract: Slurry Seal Phone: (415) 275-2200
Tri-City Sporting Goods Bid Date: 11/8/90
40900 Grimmer Amount: $17,500.00
Fremont, CA 94538 Contact: Wendy
Contract: Slurry Seal Phone: (415) 651-9600
City of San Ramon Bid Date:
2222 Camino Ramon Amount: $124,689.42
San Ramon, CA 94583 Contact: Lonnie Martin
Contract: Crack Seal Phone: (415) 275-2260 i
Tri City Sporting Goods Bid Date: 3/21/89
40900 Grimmer Blvd. Amount: S27,357.50
Fremont, CA 94538 Contact: Sam Harrash
Contract: Slurry Seal Parking Lots
2
Mark III Engineering Bid Date: 3/23/89 !
5101 Florin-Perkins R9. Amount: $69,976.00
Sacramento, CA 95322 Contact: Bruce Thompson i
Contract: Arden Fair Shopping Phone: (916) 381 -8080 I
Center Parking Lot
i
City of San Juan Capistrano Bid Date: 3/27/89 !
32400 Paseo Adelanto Amount: $41 ,801 .00
San Juan Capistrano, CA 92675 Contact: Brian Perry
Contract: Slurry Seal of City Phone: (714) 493-1171 ,
Streets =
Dept. of Parks & Recreation Bid Date: 3/28/89
P.O. Box 1450 Amount: $15,649,00
Lodi , CA 95241 Contact: Gary Johnson
Contract: Slurry Seal at Folsom Phone: (209) 333-6901
Lake SRA, American
River Dist.
City of Palmdale Bid Date: 4/6/89
708 E. Palmdale Blvd. Amount: $78,719.46
Palmdale, CA 93550 Contact: Leon Swain
Contract: Cash Contract #105, Phone: (805) 273-3162
Joshua Hills Drive,
Et. A1 .
Benco Contracting & Engineering Bid Date: 4/18/89
9888 Kent St. Amount: $10,920.00
Elk Grove, CA 95624 Contact: Herb Benedict
Contract: Sacramento County, Phone: (916) 686-5030
CalTrans Contract
#03-316204
• 1,
City of Richmond Bid Date: 5/18/89
P.O. Box 4046 Amount: $237,708.04
Richmond, CA 94804 Contact: Ikram Chaudry j
Contract: Slurry Seal Resurfacing Phone: (415) 620-6536
l
City of Manteca Bid Date: 5/30/89
1001 West Center St. Amount: $48,567.10
Manteca, CA 95336 Contact.: Jack Bond
Contract: 1989 Slurry Seal Proj. Phone: (209) 825-2333
City of Mountain View Bid Date: 6/15/89 i
P.O. Box 7540 Amount: $86,841 .50
Mountain View, CA 94039 Contact: Gary Bradshaw t
Contract: 1988-89 Annual Slurry Phone: (415) 966-6311 !
Seal Program j
3 �.
r
City of Tracy Bid Date: 6/29/89
520 Tracy Blvd. Amount: S29,399.00
Tracy, CA 95376 Contact: Paul Verma
Contract: New Jerusalem Airport Phone: (209) 836-4420
Slurry Seal Project
09310-703
State of California Bid Date: 7/5/89
Dept. of Transportation Amount: $261,660.00
P.O. Box 847 Contact: Dan Jacobs
Bishop, CA 93514 Phone: (619) 872-0717
Contract: M000 County, #09-242104
City of Fremont Bid Date: 7/13/89
P.O. Box 5006 Amount: $92,956.00
Fremont, CA 94537 Contact: John Barron
Contract: Slurry Seal 7866 (PWC) Phone: (415) 791-4243
City of Clovis Bid Date: 7/25/89
1033 Fifth St. Amount: $55,848.00
Clovis, CA 93612 Contact: John Lovejoy
Contract: 1989-90 Slurry Seal of Phone: (209) 297-2353 '
Various Streets !
Hillsboro Properties Bid Date: 8/2/89
800 Airport Blvd. , #510 Amount: $27,500.00
Burlingame, CA 94010 Contact: Carl Goldstone
Contract: Rancho Grande Slurry Phone: (415) 340-1761
Seal '
I
I
Hillsboro Properties Bid Date: '8/2/89
800 Airport Blvd. , #510 Amount: $25,000.00
Burlingame, CA 94010 Contact: Carl Goldstone
Contract: Rancho Benicia Slurry Phone: (415) 340-1761 '
Seal
I
Sierra Nevada Construction Bid Date: 8/7/89
P.Q. Box 1830 Amount: S100,981 .00
Sparks, NV 89432 Contact: Kathie Fralick
Contract: Slurry Seal LDS Phone: (702) 342-0420 I
Churches, Various
Locations
Russ Bruzzone Bid Date: 8/8/89
899 Hope Lane Amount: S42,348.00
Lafayette, CA 94549 Contact: {fuss Bruzzone
Contract: Lafayette, Moraga, Phone: (415) 284-41-69
Concord Shopping
Center Resurfacing
I
I
4 j
i
e
City of Tracy Bid Date: 8/24/89
520 Tracy Blvd. Amount: $125,309.58
Tracy, CA 95376 Contact: Paul Verma
Contract: 1989-B Slurry Seal Phone: (209) 836-4420
Project N9300-801B
City of Sonoma Bid Date: 8129189
No. One the Plaza Amount: S23, 140.00
Sonoma, CA 95476 Contact: Pat Wagner
Contract: 1989-90 Slurry Seal Phone: (707) 938-3794
Program
Salesian High School Bid Date: I0/12/89
2851 Salesian Ave. Amount: $14,745.00
Richmond, CA 94804 Contact: Father Al
Contract: Slurry Seal Salesian Phone: (415) 234-4433 i
High School Parking Lot
Market Square at Arden Fair Bid Date: 10/13/89 '
2618 El Paseo Lane Amount: $10,642.00
Sacramento, CA 95821 Contact: Duane Garrison
Contract: Resurface Drive and Phone: (916) 489-3614
Parking Areas at Arden
Fair
State of California Bid Date: 2117188
Dept. of Transportation Amount: $604,585.50
P.O. Box 2048 Contact: Cliff Adams
Stockton, CA 95201 Phone: (707) 428-2024
Contract: Mariposa, Merced Counties,
Contract #10-385904 i
The Stoneson Development Bid Date: 3/31/88
3150 20th Ave. Amount: $51,400.00
San Francisco, CA 94132 Contact: Burt Polacci
Contract: The Emporium Phone: (415) 566-5144
The Stoneson Development Bid Date: 4/6/88 '
3150 20th Ave. Amount: S41 , 140.00
San Francisco, CA 94132 Contact: Burt Polacci
Contract: Stonestown Galleria Phone: (415) 566-5144
Ghilotti Bros. Bid Date: 4/15/88
525 Jacoby St. Amount.: $43,650.60
San Rafael , CA 94901 Contact: Joe Marsillo
Contract: Sante Fe Railrcad Phone: (415) 454-7011
State of California Bid Date: 5/11/88
Dept. of Transportation Amount: S71 ,625.20
1101 S. Winchester NP297 Contact: Mako Imamura
San Jose, CA 95128 Phone: (408) 277-1084
Contract: Santa Clara County, #04-178124
5
t
s
County of Alameda Bid Date: 5/17/88
399 Elmhurst St. Amount: $248, 120.00
Hayward, CA 94544 Contact: Re►le
Contract: Slurry Seal Surfacing Phone: (415) 670-5445
at Eden Township #1559
City of Concord Bid Date: 5/24/88
1435 Gasoline Alley Amount: S127,130.00
Concord, CA 94520 Contact: Jim Wyles
Contract: Slurry Seal Project Phone: (415) 691-3303
City of San Leandro Bid Date: 6/7/88
835 E. 14th St. Amount: $53,175.00
San Leandro, CA 94577 Contact: Jerry Maughan
Contract: Slurry Seal of City Phone: (415) 577-3429
Streets
City of Folsom Bid Date: 7/26/88
300 Persifer Amount: $46,503.00
Folsom, CA 95630
Contract: Slurry Seal of Various
Streets I
City of Clovis Bid Date: 8/16/88
1033 Sth St. Amount: $42,633.97
Clovis, CA 93612 Contact: Leon Lancaster
Contract: 1988-89 Slurry Seal of Phone: (209) 297-2353
Various Streets
Norman Sanguinetti Bid Date: 9/1/88
629 Redwood Ave. Amount: $9,381.00
Corte Madera, CA 94925
Contract: Grapeyard Shopping Center
City of San Diego Bid Date: 11/8/88
2781 Caminito Chollas Amount: $882,500.00
San Diego, CA 92105 Contact: [lob Evans
Contract: Seal Coating Various Phone: (619) 236-5658
City Streets Group 6
City of Richmond Bid Date: 4/2/87
2600 Barrett Avenue Amount: 90, 165.78
Richmond, CA 94804 Contact: Ickram Chandry
Contract: Slurry Seal Resurfacing Phone: (415) 231-2130
State of California Bid Date: 4/22/87
Dept. of Transportation Amount: $1 ,424,667.96
2408 28th Street Contact: Gordon Labrie
Sacramento, CA 95818 Phone: (916) 445-7813
Contract: Sutter, Yuba, Nevada,
Placer, E1 Dorado, Butte,
Yolo, Glen Counties, il03-313104
6
STATE OF CALIFORNIA
COUNTY OF.........................Yo l o... .......
On this.. ..)?th..._...day of..... .. May...................in the year of 19..91
before me, the undersigned, a Notary Public in and for said State, personally
appeared J::ff r.oV..It...Re,?([ . . ............... personally known to me
• ilI:' :;(��, y lur proved o►► the basis of satisLictury evidence) to be the person(s) whose
I'd' �► r, �. name(s) isiare subscribed to the within instrument and acknowledged to me
• t r..rt . ,l I. �or�c
i > that he/she/they executed the sanuv in his/her/their authorized capacity(ies)
u.•cr,u=c,r�n
+w.-rre k' and that by his/her/their signatures) on the instrument the person(s), or the
rt�.3. I entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
C-� .......................
Weary VnWir in and fi>r uaid Slat.. ..
Ttas document is"a general form whr[n maybe prover for use m smq,he u.ur•.actvms eM m no way:nits,n!K mtenthrtt to ace,as a subsleute for the advrce of an arlamey.The gmfer does not
make any warranty,either aspess to implied.as to dew legal vadnkty of any pion m tM aro surlalNtrdy,if thu!.a Items in any sl»xat+c transactmn.
Cnwdery's Form No 104;—ACKKNOWI.MEN11' - all I'rrrl»r.t• Ir91d
,t
1
t
• STATE OF CALIFORNIA
COUNTY OF......., Yo Lo
On this.....28th .....day of........May...................in the year of 1991 ,
before me, the undersigned a Notary Public in and for said State, personally
appeared .... 1',l.rin„(!fir aer_ personally known to me
. ••-- OFrICl/!L Sr.AL
(or proved on the basis of satisfactory evidence) to be the persons) whose
DI`» !A{• OYU name(:;) islare subscribed to the within instrument and acknowledged to me
NOTP.ii'/PC2I!C.f1LIFOZNrA
that he/she/they executed the same in his/her/their authorized capacity(ies),
rol0 COtirlrY
rtt Camrr, Ext.ic.; Feb.3.t995 and that by his/her/their signature(s) on the instrument the personis), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS any hand and official seal.
Nouiry Public in:mr�,V or said State.
Thus document is only a gmrerai form wh ch mey be Raper for use insatptn transactnvls aml in noway Ws.or is Wilonded to ar:t.as a substitute for the advice of an attorney.The printer does rot
maho any warranty either express Or 1lrlptuid.as to the te!Mi dalahly of any jx%w x1(p l,nf suAabddy of these limns many slrueltrc hansmixin.
Cowdery'x Norm No. IOG—ACKKNCIWLMF:Mr-- All 1'urtx,xe --t 11!111
TATE OF CALIFORNIA) ss
OUNTY OF SACRAMENTO)
n this 23rd day of May in the year 1991, before me, a Notary Public in and for said County and
Late, residing therein, duly commissioned and sworn, personally appeared .lame: D. Einerson personally known to me
nd known to me to be the Attorney-In-Fact of SAFECO INSURANCE COMPANY OF AMERICA the corporation described in and that
ecuted the within and foregoing instrument., and known to me to be that person who executed the said instrument on
half of said corporation, and duly acknowledged to me that such a corporation executed the same.
TNESS my-hPnd and.official seal j ^\ r-
nt J1A1
pVA,
!.. 1.PAIGt. A(p ) +
..�y:: +,,ravt •�...� r.cAttl„t.r.ia _
u�.•. .. oinn:t+ Patllcla J. Pai,:i, Nota Pub is
i
+
•
SAFECO NSURANCF COVPAW OF AMERICA
GENERAL N'_:U CE COMPAM OF AMERICA
0 FIRST NAT IOUAL N5URANCE CCMPAW
SAFEM Q OF AMERk,A
►TOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
Bond
BID BOND
Conforms with The American Instltwis of Architects,
A.I.A. Document No. A-710
KNOW ALL BY THESE PRESENTS, That we, VALLEY SLURRY SEAL COMPANY
P.O. Box 1620 West Sacramento, CA 95691
as Principal, hereinafter called the Principal,
and thA SAFECO I:NS'URANCE COMPANY OF AMERICA. of Seattle, Washington, a corporation duly organized under the
laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF CUPERTINO as Obligoe, hereinafter called the Obligee,
in the sum of 10% of the amount bid
Dollars (S /////////////////////), for the payment of which sum well and truly to be made, the said Principal and the said
Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has submitted a bid for PROJECT NO. 91-105
STREET iriAINTENANCE SLURRY SEAL
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, rnd give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 23rd day of May , 1991
Valley Slurry Seal Company (SoaU
Principal
If Witness {
i LAN BERGER Title
VI I CE PRESIDENT
SAFE.CO INSURANCE COMPANY OF AMERICA
Witness 13Y
a
James D. Einerson Attorney-in-Fact
0 0e9Is1e1`e43 trademark of SAFECO Corporation.
S-54.•EP 3/00 PRINTED IN U.S.A.
ra POWER SAFFCO INStIRANCF COMPANY OF AMERICA
• Ut A I TpRNEY (,;fNFRAL INSUNANCE COMPANY Of AMERICA
HOME UfFICIz SAI LCO PLAZA
SAFECO SEA ULF,WA,HINGTON 981M
No. __. _934 ' _
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA ,iod GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corpoiataon, does each hereby appoint
-------------------JA14ES D. EINERS0111; Pancho Cordova, California---------------------
us true and lawful aftorney(s)-ln-fact, with full .n,thoi sty to execute on 1u; hOialf fidelity and surety bonds or undertakings
and other documents at a similar character issw!d m tho-course of its business,and to bind the respective company thereby
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed rind.file avd tliest! Iu,!•;errts
this `,tit day of
---- �._�-----_-CERTIFICATE------- _.—
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. — FIDELITY AND SURETY BONDS . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys in-fact or undoi other appropriate titles with authority to execute oil behalf oI the
company fidelity and surety bonds and other documents of sotidar character issued by the company ,n the course of us
business On any instrument making or evidencing such appointment. the signatures(nay be at ixecl by Iacs+mile.On,any
instrument conferring such authority or on any hand or undertaking of thc!company, the seal, or a ticsiowle thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an ass(slanf secretary of the Company settinq out,
(I) The p•ovtsions of Art!--le V, Section 13 of the By-Laws, and
(it) A copy of the power of-attorney appointment. executed pursuant thereto, and
(m) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may he by facsimile, and the seal of the Company may be a lacsirnile ther(!of "
I. Roh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify Mat the loregoing extracts of du!t3y Laws and of a HesoluLton of the Board of
Directors of these corporations,and of a Power of Attorney issued pursuant thereto, afe true and correct, anal that both the
By-Laws, the Resolution and the Power of Attorney are still in full force. and iJtect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the (ac;imile seal of said corporation
the; -_—_ 23ru - - --u:,y of 19 91_
CITY OF CLTPERTINO
INTERDEPARTMENTAL. Date DUNE 17, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
C1 Information MESSAGE: STREET MAINTENANCE--SLURRY SEAL (CC 6/l/91) _
C1 Implement PROJECT 91-105
r-1 Investigate
Cj Discuss A. THREE SETS OF CONTRACT FOR PROCESSING.
i See me B. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR AND ^
Reply
MATERIAL BOND. SAFECO INSURANCE COMPANY OF AMERICA
—B9Pdf) Ne.-5 6 9-4,
C. CERTIFICATE OF INSURANCE, 6/11/91.
Reply: CONTRACTOR: VALLEY SLURRY SEAL COMPANY
P. 0. BOX 1620
sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply