91-016 Annual Overlay Proj. 91-104 91-016 ANNUAL OVERLAY l of 3
PROJ. 91-104
City Of CuPerti"O
10300 Torre Avenue P.O. Box 580
Cupertino.California 95014 Cupertino,California 95015
Telephone, (408) 252.4505
DEPARTMENT Of THE CITY CLERK
June 19, 1991
O'Grady Paving, Inc.
2513 Wyandotte Street
Mt. View, CA 94043
ANNUAL OVERLAY - PROJECT' 91-104
We are enclosing to you for your files one (1) copy of the following
Contract for Public Works betwicten the City of Cupertino and O'Grady
Paving, which has been fully executed by City Officials.
Enclosed please find your bid bond.
SincerFly, {
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
OONTPACr FOR PUBLIC WORKS
OOMRAC^T made on June 3, 1991 by the CITY OF CUPERrM, a municipal
corporation of the State of California, hereinafter called the CITY, and
O'GRADY PAVING, INC., hereinafter Called the CONTRACTOR.
IT IS HEFMBY AGREED by the parties as follows:
1. THE CONTRACT DOCUMEM. The complete contract consists of the
following contract docents:
A. Plans and Specifications for ANNUAL OVERLM PRWBCT 91-104
B. Faithful Performanoe Bond, Labor and Materials Bond, Insurance
Certificate
C. 'This contract
D. Bid Proposal referred to as bdubit A
Any and all obligations of the CITY and the CONMCTM are fully set
forth and described herein.
All of the above documents are intended to cooperate so that any work
called for ir. 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 dots
eamprising the eonplete contract are someetims hereinafter referred to as
the Contract DocLnents. In case of conflict between the Plans and the
Specifications on the one hand, and this Oontract on the other, the Plans
and Specifications shall prevail.
2. nM WORK. The Con1tractcr 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 ANNUAL OVE�AY as called for, and in the,mmwvier designated in, �a�nd
i n strict conformity with, he P� � Specifications by: l.'8L.
Bert J. Viskovich, Director of Public Works and adopted by the City, which
Plans and Specifications are entitled, respectively, ANNEAL. OVERLAY-
Project 91-104 and which Plans and Specifications are identified by the
signatures of the parties to this Omract.
1
It is understood and agreed that said tools, equipment, apparatus,
facilities, labor, transportation, and material shall be fu mished, and
that said work shall be performed and completed as mired in said Plans
and Specifications uncler 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 puarpose of this
Contract: Mr. Bert J. Viskovich, Director of Public Works.
3. CM1IRACr PRICE. The City acmes to pay, and the Contractor agrees
to accept, in full payment for the work above agreed to be done, the sum
of: FIVE HUNDRED FCUPTEEN 0MUSAND NINE H[NEM SIXTY FXt DOLLARS AND
26100
($514,964.26)
subject to additions and deductiaais as provided in the Contract Doc tments,
per Exhibit "A" attached hereto.
4. DISETLMES PEPMU3MgG TO PAYlKEPTr FUR WORK. Should any dispute arise
resting 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 perforrmance 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. PUNITS, CIMMIANCE WrIH LAW. The Contractor shall, at his expense,
obtain all necessary permits and licenses, easements, etc., for the
construction of the project, give all neoessary 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. INSPE=ICN 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 Conttractor°s expense.
7. EXTRA CR ADDITIONAL, WORK AND C1M4GES. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or clmissians 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
aither by reference to the unit prices, if applicable, or in
accordance with the agreement of the parties, or in aeoordance 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 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 m-w shall be valid unless so oared.
8. CHANGES Tn MEEr ENVIMMMENM Raw The City shall have the
right to make changes in this Contract dancing the course of construction
to br°ing the completed improvements into crm plianoe with envir�nental
reqpir,-.amts or standards establishes by Mate and Federal statutes and
regulations after the Contract has been awarded or entered into. 7he
oontoe actor shall be paid for by such dwvjes either by refere m to the
unit prices, if applicable, or in accordanoe 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 KDMTION, AMENEMERM or MODIFICATICNS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties.
The eoupensaticnn payable, if any, for such termination, ant or
modifications, shall be determined either by reference to the unit price,
if applicable, or in accordance with the agreement of the parties, or in
ac=rdanae with the rules of the American Arbitration Association if the
parties are unable to agree.
10. TINDE FOR COOiPLETICN. All work under this CWtcact shall be
completed: 45 WORKING DAYS
If the Contractor shall be delayed in the work by the acts or neglect of
the City, or its employees, or those under it by contract or otherwise, or
by changes ordered in the work, or by strikes, lockouts by others, fire,
unusual delay in transportation, unavoidable 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
time of ecapletion shall be extended acoardingly.
This paragraph does not exclude the recovery of damages for delay by
either party under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify
the City a sufficient time in advanoe 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 fran the Contractor.
12. TEMATIM FM EMCH, ETC. If the Contractor should be adjudged a
bankrupt, or if he should make a general assignment for the benefit of his
creditors, or if a receiver should be appointed on account of his
&"lv+ency, or if he or any of his suboontractors 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 satisfactary ants for corrections thereof be monde, 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 Clontract; provided, haw"ver, that, if the surety within f ifteen days
after the serving upon it of notice of germination does not give the City
written notice of its intention to take over and perform the Contract, or
does not commence- performance thereof within thirty nays from the date of
3
the serving of such notice, the City may take over the work and prosecute
the same to ocapleticn by contract, or by any other method it may deem
advisable, for the account and at the e2qxense of the Contractor, and the
contractor and his surety shall be liable to the City for any excess cost
occasioned -by the City thereby, and in such event the City may, without
liability for so doing, take possession of, and utilize in Meting the
work, such materials, appliances, plant and other prqxrty belonging to
the Contracts as may be on the site of the work and necessary therefor.
13. THE CITY°S RIGHT TO WiTHf W CEFWLIN A I"M AND 1+AXE APPLSCATIC N
TIFF. In addition to the amount which the City may retain under
Paragraph 21 of this Contract until the final completion 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 jet may be
necessary to pay just claims against the Contractor or any subcontractors
for labor and service rendered and materials fu�hed in and about the
work. The City may anpl.y such withheld aam=* or amounts to the payment
of such claims in its iAscretion. In so doing, the City shall be deemed
the agent of the Contractor, and any paywnt 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 mane in good faith. Such payment may be made without prior
judicial determination of the claim or claims. With respect to any
retert .on 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 Native to Contractors.
14. NOTZCE AND SERVICE THF1WF. Any notice from one party to the other
under this Contract shall be in writing, and shall be dated and signed
either by the party giving such notice, or by a duly authorized
representative of such party. Any such notice shall not be effective for
any purpose whatsoever unless served in the following manner: (a) if the
notice is given to 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: 2513 W"NDOTTE ST., MMM AIN VIEW, CA 94043
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 parsons last cammtuoicated by
him to the party giving the notice, postage prieaaid and certified.
15. ASSIGNM1M OF CIONTRACT. Neither the Contract, nor any part thereof,
nor moneys due or to beocm due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
4
16. CCOGMIANCE WrM SPEQFIC'ATIONS OF MTFRMS. Menever 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 t-a City agrees in
writing to some other material, process or article offered by Contractor
which is equal in all respects to the am specified.
17. CONIRZACT SECR1'PY. 7he 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 cxwtract 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 labour
thereon of any kind, and for the payment of amounts due under the
Unemployment Insurance Code with respect to such work or labor in
connection with this Contract, and for the payment of a reasonable
attorney Is fee to be f ixed by the court in case suit is brought upon the
bound.
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 mAx=tractor to rxmmemce work on his
subcontract until all similar insurance required of the subcontractor has
been so obtained and approved. the Contractor shall furnish the City with
satisfactory proof of the carriage of insurance required, and there shall
be a specific contractual liability 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 MMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Employer'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 Victor similarly to provide Worker's Compensation
Insurance and Employer's Liability Insurance for all of the latter's
employees unless such employees are cowered 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
conpensation or to undertake self insurance in accordance with the
provisions of the Code, and I will eouply with such provisions before
ding the performance of the wcxk of this contract".
5
(b) LaABILM IlVSMANCE. Me Contrrw torn shall take out and maintain
during the life of this Contract such Bodily Injury Liability and
Property Dam Liability Insurance as shall protect him and any
perfuming work covetad by this Contz-act from claims for
Proper damage, including third-party PAY damwp, to include
coverage on property in the care, custody and control of the
Contractor, and also excluding what are oawnnly known as the "X, C,
and U" 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 or by anyone directly or indirectly employed
by either of theca and the amounts of such fiance 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
fin, and subject to the same limit for each person, in an amount
not less than $1,000,000.00 on account of one accident, and Property
Damage Liability In>surannce 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 fiance, 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 ire against a loss covered by such policy,
such other irnsu annoe shall be excess insurance only.
19. HOLD HA t1 . `ihe contractor will save, keep, and hold harmless
the Cit`.1 and all officem, employees, 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 infrfrgemennt or alleged infringement of the
patent riots 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 ender this Contract. Notwithstanding the above, the
Contractor Stoll 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. FOURS OF WCRK. Eight hours of labor during any one calendar day and
forty hours of labor during any one calendar week shall constitute the
maximum hams of service upon all work dame hereunder, and it is expressly
stipulated that no laborer, workman, or mechanic employed at any time by
the Contractor or by any suboontractcr 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 mom than eight
hours during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the State
of California, work performed by employees of Canntractors in excess of
eight hours per day and forty hams during any one: week shall be permitted
upon public work upon caap nsaticn for all hairs worked in excess of eight
6
hours per day at not less than one and are-half times tte basic rate of
pay. It is furore[' eoWressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Code of the State of
California, all the pravisicns whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the City,
twenty-five dollars ($2 5.00) for each ].-borer, worker, or mechanic
enployed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for ead calendar day during which said
laborer, worker, or mechanic is 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 Ate.
Zhe Contractor, and each subonattractor, shall keep an accurate record
showing the naves of and actual hours worked each calendar day and each
calendar week by all laborers, worn, and mechanics Toyed 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. want 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
Specificationts and made a part herwf.. Neither the notice inviting bids
nor this Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the Ctttraetor or any 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 sea ity 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 cmumction with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable hours at
the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available for inspection or furnished upon request
to a representative of the body awarding the oorrtract, 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, hover, that a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
7
Standards Enforcement. The public shall not be given access to such
rends at the principal office of the Coahtract'cr.
(c) Each Contractor shall file a certified copy of the records
enumerated -in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written request.
(d) Any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding
bias, the Division of Apprenticeship Standards or the Division of Labor
Standards Enfo t shall be marked or obliterated in such a manner as
to prevent disclosure of an iniividual's name, address and social security
number. The name and address of the Contactor awarded the contract or
Performing the contract shall rat be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of the
location of the records M=Wated 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 ems.
(f) In the event of r=x=Vlianoe with the requirements of this section,
the Contractor shall have ten (10) days in which to comply subsequent to
receipt of written notice specifying in what respects such Contractor must
amply with this section. Should nonompliance still be evident after
such ten (10) day period, the Contractor shall, as a penalty to the stag
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 coWliarae 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 irk in the
contract stipulations to effectuate this section. Such stipulations shall
fix the responsibility for aouplianoe with this section on the prime
Contractor.
(h) The director shall adopt rules consistent with the California Public
Rids Act, (Ch. 3.5 (®aaamaencing with Section 6250) of Div. 7, Title
I. GOv. Ch.) and the Inforhmation Practices Act of 1977, (Title 1.8
(owing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release
of such records, including the establi.stam* of reasonable fees to be
chariged to drag 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 --iFpr upon public work.
Every such apprentice shall be paid the standard wage paid to apprentices
under the regulatiens of the craft or trade at which he is employed, and
shall be eWloyed only at the work of the craft or trade to which he is
registered.
8
only apprentices, as def ined in Section 3077, Who are in training r g
apprenticeship standards and written apprentioe agreements under Chapter 4
(commencing with Section 3070), Division 3, of the Labor code, are
eligible to be employed on public Works. The employment and training of
each apprentice shall be in acLv dance with the provisions of the
apprenticeship standards and apprentice agreemiis under which he is
training.
When the Contractor to whom the contract is awarded by the State or any
political subdivision, or anybcoatractmac under him, in performing any
of the work under the contract or subcontract, employs workmen in any
apprentiosable craft or trade, the Contractor and subcontractor shall
i apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site or
the public work for certificate approving the Contractor or subcontractor
under the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided, however, that
the approval as established by the Joint apprenticeship committee or
committees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent t
approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the contractor or subcontractor in order to
comply 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 minorities. Cantr'actcrs or suboontractcxs
shall not be required to submit individual applications for approval to
local 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 the approval certificate, or if he has been previously
approved in such craft or trade, shall employ the rannber of apprentices or
the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper shoring by the contractor that he employs
apprentices in such craft or trade in the state on all of this contract on
an annual average of not less than one apprentice to each five journeymen,
the Division of Apprenticeship Standards may grant a certificate exempting
the contractor for the 1-to-5 ratio as set forth in this section. This
section shall not apply to contracts of general Contractors involving less
than thirty thousand ($30,000.00) or twenty (20) working days or to
contracts of specialty contractors not bidding for work through a general
or prime contractor, involving less than two thousand dollars ($2,000.00)
or fewer than five (5) working days.
"Apprentieeable craft or trade," as used in this section, shall mean a
craft or trade determined as an apprerntieeable occupation in accordance
with rules and regulations prescribed by the Apprenticeship cbt=il. The
joint apprenticeship committee shall have the discretion to grant a
9
certificate, which shall be subject to the approval of the Administrator
of Apprenticeship, suing a vor ractior from the 1-to-5 ratio set forth
in this section when it finds that any one of the following conditions are
met:
(a) In the event unemployment for the previous three month period in
such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area
exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft crr trade is
replacing at least one-thirtieth of its journeymen 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 of fellow employees of the public at large
if the specific task to which the apprentice is to be assigned is of such
a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents
Contractors in a specific trade from the 1 to 5 ratio on a local or
statewide basis the member contractors will not be requited to subnit
individual applications for approval to local joint apprenticeship
committees, provided they are already covered by the local apprenticeship
standards.
A Contractor to whom the contract is awarded, or any suboontractor under
him, who, in performing any of the work, under the contract, employs
journeymen er apprentices in any apprentieeable 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 mamer as the other Contractors do, but where the trust
fund administrators are unable to accept such funds, Contractors not
signatory to the trust aunt shall pay a like amount to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in computing his bid for the contract. The
Division of Labor Standards Enforcement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the fact shall ;cruse to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section for all apprentieeable
odc�upations 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 employer of a labor union to refuse
to accept otherwise qualified euployeoes as registered apprentices on any
public works, on the ground of the race, religious creed, color, national
Origin, ancestry, sex, Or age, GKOePt as prodded 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 an of fifty dollars ($50,00)
for each calendar day c:f 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 soar.
(b) Any such determination shall be issued after a full investigation, a
fair and impartial hearing, and reasonable notice thereof in accordance
with reasonable rules and procedures prescribed by the California
Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to this section
shall be deposited in the general fund if the awarding body is a state
entity, or in the equivalent fund of an awarding body if such awarding
body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticeship Coil. (Ameaxled 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 e-,q=essly stipulated that the Contractor shall, as a penalty to
the City, forfeit twenty-five ($25.00) for each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any 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 Cade.
In case it becomes necessary for the Contractor or any subcontractor to
employ on the project under this contract, any person in a trade or
occupation (eOept ew3catives, supervisory, administrative, clerical, or
other non-manual workers as such) for which no min== wage rate is herein
specified, the Contractor shall immediately notify the City, who will
prceptly thereafter determine the prevailing rate for such additional
trade or occupation and shall furnish the Contractor with the minor n rate
based thereon. The minitm= rate thus furnished shall be applicable as a
minimum for such trade or occupation frota the time of the initial
employment of the person affected and during the continuance of such
employment.
11
22. ACCIDENT R&VJhNIZt N. Precaution shall be exercised at all times for
the protection of persons (including employee's) and pity. The safety
provisions of applicable laws, bui.lding and construction codes shall be
observed. -Machinery, equipment, and other hazards shall be guided or
eliminated in accordance with the safety provisions of the construction
Safety orders issued by the Industrial Accident Commission of the State of
California.
23. PAYMENT. Payment will be made in acoordanoe 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 ping 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 recording 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 completion of such
Contract as evidenced by resolution of its governing body; or, if such
notice be not so recorded within ten days, until the expiration of
ninety-five (95) days after the acceptance of ccupletion of such work of
iuVrOvement as evidenced by resolution of its governing body, at which
time and not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from the
City's representative shall, before the last Tuesday of each month,
deliver said certificates under hand to the City, or in lieu of such
certificates, shall deliver to the Contractor, in writing, under his hand,
a just and true reason for not issuing the certificates, including a
statement of the defects, if any, to be remedied, to entitle the
Contractor to the certificate of completion. In event of the failure of
the City's representative to furnish and deliver said certificates or any
of them or in lieu thereof, the writing aforesaid, within ten (10) days
after the times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in event
said certificates are not f rd stied within ten (10) days thereafter, the
same shall became due and payable.
In case the City's representative delivers the writing aforesaid, in lieu
of, the certificates, then a coplian ce by the Contractor with the
requirements of said writing shall entitle the Contractor to the
certificates.
The payment of press 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. PRDTF=ON OF PUBLIC LY17=FS. The City shall be responsible as
betweem the parties to this Contract only, for the removal, relocation, or
protection of existing; public utilities, if any, located on the site of
constriction, 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 cute the Contractor for costs incurred in
12
to utility facilities not indicated in the
relocating or repairing damage ty
Plans and Specifications, other than service laterals when the presence of
such utilities or the construction site can be inferred from the presence
of such visible facilities as buildings, and meters and junction bow on,
or adjacent to, the ctm s4.zuction site. The Contractor shall not be
assessed -liquidated dam for delay in completion of the Cmtract
project, as provided in Paragraph 27 below, when such delay is caused by
the failure of the City, or other public utility, to provide for the
removal or relocation of the existing utility facilities. If the
Contractor while performing the Contract discovers utility facilities not
identified by the City in the Contract plans and Specifications, the
service laterals as hereinabove described, he shall immediately notify the
city in writing.
25. COWFACiCRIS RESP0NSIBIISTI FCR THE WOW. The Contractor shall not
be responsible for the cost of repairing or restoring damage to the work
caused by an Act of God. N , 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 b, 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, ex;xnse 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. CONTRACT CRI S G[J1 RANIEE. 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 complete, within the time fixed for
such completion, the work hereinbefore mentioned and described and hereby
contracted to be done and performed, he shall becomes liable to the City
for liquidated damages in the sum of ONE HMDRED FIM DOLLARS ($150.00)
for each and every calendar day during which said work shall remain
w%=pletesd beyond such time for eoWletion or unlawful extension thereof,
which sum shall be pad to be the amount of damage thereby sustained
by the City since it would be impracticable or extremely difficult to fix
be detwted by the City from moneys die the omtractor her, or his
assigns and suns at the time of completion, and his sureties shall
be liable to the City any excess.
28. ADDITIONAL PRMISIONS.
None
13
"TX11; OF C'_1t,tFO NI.1 On this.,. 1 3 t h cta} of........ June......
une in the year
SANTA CLARA ss. Nine.tee.n...N.inety .Qn.e.. ........ . ......... . . . .t,eroren,e,
ff...D.0 r a n.... ... .,� Notary Pui�lic,State of C'ali[ornia,
duly licensed and sworn.personally appearrd.. . . . ............................
cr.a.i g..E....1 pqng._.......
� , personally known to me for proved to me on the basis-of satist'actory evidence)
0MCuuseu to be t he person who executed the within instrunu nt as. �...�r e S t
CELINE0.DURAN or on behalf,of,the corporation therein mined and ackniwlodged to nie that
"awpac-CAtf01M
SANTACLARACOUMY Such corporation executed the within instrument pursuant to its by-laws or a
My Gomm.Expiresieb,3.IS95 resolution of its board of directors.
IN 1f1'FN1,;55 WHER EOF 1 lr,Ivc Iv rcunto set my hand and atlixed
my oflicial Seal in the_.. ... . ........... ..... .•C'ounty of....................
�atita Tara
C
l , r i ove in this certificate.
t1 d•Ite� •ti t f rtf Ib
n„• n U f{
Not iry Public, State of California
Cowl ,)-'s I',un, tin- 21, -- Ac6no\�•Ic•dt;cmcnf to Not:irp Public
d%ev. 1 831 My c(;nmrission expires __ F e b r u a ry 3 r�1995
P. O. No.
IN WITNESS WHERMOF, the parties have executed this bract, in
duplicate, the day and year first herd written.
CITY OF CUPERTINO
Approved as to facia mayor:
City Attorney Ci4 clerk:
Date/city Clerk: Gf/ g
G�ti►tirt�
By:
Notary ad1mawledgnent mired.
If a cmTcraticn, corporate seal
and date notary
adJarmwledgmnt required.
! Project Name and Number: Annual. Overlay
Project 91•-10+
Contractor's Name: O'Grady Paving, Inc.
Contractor's Address: 2513 Wyandotte Street, Mt. View, CA 94043
Contract Aramt: FIVE HEMED FIOUFUM THOUSAND NDM SYM FM2
DOLLRS AND 26/100 ($514,964.26)
Account Number:: 110-8404-718
t
14
1991 CAPTmL nouvw4w PAYMENT SOMME
QUNnTrIES CUT OFF DATE CHECK RE EM DATE
E2IDAY 5;00 _fm
JANUAMf 11 JANEPM 25
FEWIM 8 FEMUM 22
aMARCH 8 PARCH 22
APRIL 5 APRIL 19
MAY 3 MAY 17
MAY 31 JUNE 14
JUNE 28 JULY 12
JULY 26 AUGUST 9
AUGUST 23 S' 6
SEPTEMBE R 20 OC OBER 4
0CTOBER. 18 NOVEMBER, 1
NOVEMBER, 15 NOVEMBER 29
DEER 13 DEC EMBER 27
15
.a
. r
BID PROPOSAL
ANNUAL OVERLAY "
PROJECT 91-104
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the Annual
Overlay Project in the City of Cupertino, Project 91-104 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 Plane 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 the 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 Annual Overlay
Project 91-104 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.
1. Within two (2) hours after each street has been overlayed, I shall be
responsible for accurately locating and placing temporary
centerline, two-way barrier, two-way left turn, left turn, bike
lanes, and travel lane as shown in the Standard Plans A20-A, B, C.
Bid Item 14.
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
incomplete.
PROPOSAL PAGE 1 OF 8
BID PROPOSAL (Continued)
2. Seven days following the overlay of each street, I shall be
responsible for installi.g permanent centerlines, two-way barrier,
two-day left turn, left turn, bike lanes, travel lanes, atop bars,
legends, speed limits, and other striping not solely limited to these
patterns or legends as shown in the Standard Plans A20-A, B. Cj A-24A,
8, Co D and the project plans. Bid Items 11 - 13.
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.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
8ID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTS
1. 13,045 S.F. Pavement Restoration (6") $ 5 /S.F. $ 'SSG S 7 So
Sa -�
2. 8,872 Ton Asphalt Concrete Pavement $ 3S ` /Ton $
3. 240,840 S.F. Fog Seal $ /S.F. $ 70��5 co
1
4. 34,380 L.F. Wedge Cut (Longitudinal) $ �� /L.F. $
so
5. 1,315 L.F. Wedge Cut (Transverse) $ / /L.F. $ l yy6
6. ill EA. Adjust Manhole to Grade $ aa6 J /EA. $ oZ7756�
7. 41 EA. Adjust Box to Grade $ 0200 / /EA. $
S. 327,392 S.F. Pavement Fabric �0�/S.F. $ a2L 5 3�
9. Remove Traffic Striping
4,900 L.F. State Detail 10 $ 02� /L.F. $
5
4,550 L.F. State Detail 13 2� /L.F. $
6,370 L.F. City Detail 23C $�� /L.P. $
Sd
2,245 L.F. City Detail 33C $ 54,1 /L.F. $ SLIM -
BID PROPOSAL PAGE 2 OF 8
BID PROPOSAL CONTINUED:
BID EST. QTY.
zTEMI UNIT I'IEH UNIT PRICE TO
9. Remove Traffic Striping (Continued):
300 L.F. State Detail 37 $ 1 /L.F. $ 3 00
s
2,040 L.F. State Detail 38 $ /L.F. S
i
10. 27 EA. Remove Blue Pavement Starkers $ / /EA. $ o17
11. Install Traffic Striping
1,045 L.F. 4" White $ U /L.F. $ / 7 7
1,067 L.F. 12" White $ Z �v /L.F. $ Z 3'-1 7 Y�
4,900 L.F. State Detail 10 $ /L.F.
4,550 L.F. State Detail 13 $ 2� /L.F.
Z) 7S
1,075 L.F. State Detail 21 $ C> /L.F. $ Z Z 5
17 �
5,000 L.F. State Detail 25 $ /L.F.
2,040 L.F. State Detail 38 S O3� /L.F. $ 77.5 Zv
20
11,990 L.F. City Detail 39AC $ C1 /L.F. $
�S 4d
6,370 L.F. City Detail 23C $ D /L.F. $
2,245 L.F. City Detail 33C $ � 20 /L.F. $
Coo
300 L.F. State Detail 37 $ /L.F. $ ISO
12. 85 EA. Install Painted Traffic
Legends S (i0 /EA. $ 5/DO
13. 27 EA. Install Blue Pavement Markers
14. 1 L.S. Traffic Striping Layout $ O O 00 /L.S. $ /0000 O
15. 8 Tons A.C. Skin Patch S 200 . TON S
TOTAL BID
BID PROPOSAL PAGE 3 OF 8 16�
Yv"'
1, 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 $ /U`` , as required by law and the Notice to Bidders.
(10% of bid amount)
BID PROPOSAL PAGE 4 OF 8
A. BID DOCUMENTS, Continued
BIDOEE QUALIFXCATIQN 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? 3t
(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 /
(3) Contractor's License No. o20/4Z L
State of California, Cl ss' ficatLon
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 Promised Sub-Contractors, if any
(Section 4104, Government Code)
1.
2.
3
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1. 55r.n CZA0 5
2. 5011 J05C
3. .5Ael C6�/OS
4.
5.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1., cQ c G
2. /LtiLJ�nG
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
SEAT. MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS DID IS BEING MADE
UNDER PENALTY OF PERJURY.
TYPE OF BUSINESS: Individual:
Co-Partnership
Corporation
Joint Venture
Other
(Describe)
Name and Signature of Bidder:
(Print)
:.f ygle=:A, -
(Sig ure)
Address (Both mailing and location addresses) :
4+0 `�3
Telephone Number:
Date t ga
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 calif grni4 as.
county county of t�
being first d yy ,wor depoefs
and says that he or she is of�; QAC=A +c .
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 corporatic_,; 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, o.- 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 hae 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 Bidders
(Print)
(Sign ore)
Date: z2A*_a£t. /9.9i
BID PROPOSAL PAGE 8 OF 8
rORNEV-1N»FAfCT ACKNOWLEDGMENT NO 204
State of� 3�i fo[nia On this the 28th day of MaY
SS. before me, the undersigned Notary Public, personally appeared
County of_,._fan ttteoCarolyn Kelley (name of attorney in fact).
A personally known to me
U proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney t,
in tact of__ Seaboard Surety Company (name of
FT-Z S person not appearing before Notary),the principal, and acknowledged to me
.•; Nc
,_,,. +�oc Cc:_C`• that _ she (he/she) subscribed the principal's name thereto and
y,,.A C►A"A C.'.:.
r• M;� � C4[tln;. .n E.:r.4o. her (hislhe()own name as attorney in fact.
AujAt WITNESS my hand and official seal.
i -
Notary's Signature
7140 1Y2 NAT1ONAl NOTARY ASSOCIATION•23012 Ventura SWd.•PO.8Da 4625•Woodtend Hd18,CA 91364
•`t
.e
Certified CagySEA Com
No. 10437 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSE !i`ali��1b1 99433
POWER OF ATTORNEY
KNOW ALL MEN i3Y THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made, constituted and appointed and by these presents does make. constitute and appoint Carolyn Kelley or
Fred J. DeGros2 or James B. Shea
of Palo Alto, California
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bands,undertakings and
other instruments of similar nature as follows: Without Limitations
Such insurance policies, surety.bonds, undertakings and instruments for said purposes,when duly executed by the aforesaid
Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact,pursuant to the authority
hereby given,are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927.with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE V11,SECTION 1
-Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto.
Insurance policies.bonds,recognizanCes,stipulations,consents of surety and underwriting uncienakings of the Company,and releases..agreements and other
writings relating in any way thereto or to any claim or loss thereunder.shall be signed in the name and on behall of the Company
la) by the Chairman of the Board,the President.a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident
Secretary or a Resident Assistant Secretary,or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board the
President or a Vice-President to make such signature,or(c)by such other officers or representatives as the Board may from time to time determine.
The seat of the Company shall it appropriate be affixed thereto by any such officer.Attorney-in-Fact or representative--
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ......30th
day of November....- ..... , 19 _88
"� f �•. Attest: - SEABOARD SURETY COMPA Y,
1927By
- Q
(Seal} ✓/1/.�...0 �.
�__._� Assistant Secret ry Vice-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
Or, this 30th day of ...__.Nc?v_ernber _._ 19...8.8.._, before me personally appeared
Michael_ B.._K.eegan ._, a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New Jersey.,
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal:
that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto as Vice-P sident of
said Company by like authority. FELICE M. CATALANO
NOTARY PUBLIC OF NEW IER'^EY
(Seal) My Commission Exp. June A, 1,191
Notary.Public
C E R T I F I C A T E
I the unucrsigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that ineongmal Power of Attorney of which the foregoing is
o obit im,,mio co,sect copy is in full force and effect on the date of this Ceniiicate and I do further certify that the Vice-President who executed the said Power of
Attoin,ty was one of the oil icers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VI I,Section t,OI the By-Laws of
SEABOARD SURETY COMPANY
Tnts Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Bo?,o of
Directurs of SEABOARD SURETY COMPANY at a meeting ouly called and held on the 25i11 day of March 1970
RESOLVED (2) Thal ine use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
ceriihcation of the correciness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
apputiiiing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or Other
insiruments oescnbed in said Article VII. Section 1,with like effect as it such seat and Such signature had been manually affixed and made,hereby is
authorized and-approved
IN WITNESS WNER5?j.I have hereunto set my hand and affixed the corporate seal of t he Company to these presents this
day of ...may 19..
i�
v�, litana-
Ass is
nt
Form 957 IRev 7.641
SEABOARD SURETY COMPANY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
PROPOSAL BOND
lKno w all lien bg these f raoPats:
THAT WE, O'Grady Paving, Inc.
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto
City of Cupertino
as obligee,in the sum of Ten Percent (10%) of Total Amount Bid
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, by these presents.
SIGNED, sealed and dated this 280 day of May 1991
WHEREAS, the said principal is herewith submitting its proposal for
Annual Overlay, Project 91-104
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the latter amount be in excess of the former; but in no event shall the surety's liability exceed
the penal sum hereof.
O'Grady Paving, Inc.
Principal
By
SEABOARD SURETY COMPANY
'\ .c
'ct �
ByBY( T_0 _ ,-c c t'__.
ce.m 136 Carolyn KelleyAttorney in-Fact
CITY OF CUPERTINO
INTERDEPARTMENTAL Date JUNE 17, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
C! Information MESSAGE: ANNUAL OVERLAY PROJECT 91-104 CC 6/1/91)
CI Implement 1. THREE SETS OF CONTRACT FOR PROCESSING.
CI Investigate
CI Discuss 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND LABOR AND
�I See me MATERIAL BOND. SEABOARD SURETY COMPANY
Reply
3. CERTIFICATE OF INSURANCE. 6I12/91, ____
CONTRACTOR: O'GRADY PAVING, INC.
2513 WYANDOTTE ST.
MT. VIEW, CA 94043
Reply:
SM
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
S'I'Xl'l-: OF CALIF01MA Oil this....1.3 t h.........day of.........J u.n.e.,.................,in the year
SANTA CLARA ...Ni.n.etee.n...Nine.t.y..0n.e............................before me,
COUN*I•Y OF_ �.. ............. ... ...Ce.lA ne...O....Dura n..........i Notary Public,State of California,
dul.%,licensed and sworn,personally appeared..................................
.........C.r.a.ig..F.,,..Y Q qn.g.....I.,...........I.......
personally known to me(or proved to me on the basis of satisfactory evidence)
0MCIAL SM to be the person who executed the within instrument as..V.-...P re s i d e n t
I �X ..........1...
CE INEO.07J M LLN 110AMN
L
RM MMM
IVAWFM-CAUFM 01, oil behall'ofthe, corporation therein named and acknowledged to me that
W S ��COU7
ANTA CLARA COUNTY SLIC11 corporation executed the within instrument pursuant to its by-laws or a
evins�0 I I=
my cam.Evins F0,I I=
4 resolution of its hoard of directors.
IN WYMESS WHEREOF I have hereunto set my hand and affixed
111v official seal in tile. County of....... ......
Santa Clara
.......... ti c I rte Setf'ort above in this certificate.
Notary Public, State of California
('owdt�ry's Form No. 28 -- Acknowledgement to Notary Public
February 3, 1 99 5
W, (" Svcs. 1190-1190.1)—(Rev. li83) My commission expires
A&L•8sURPO5E ACKNOWLEDGMENT NO209
;1 State of California _ CAPACITY CLAIMED BY SIGNER
County Of San Mateo ❑ INDIVIDUAL(S)
❑ CORPORATE———
6;'12 '91. Linda L. Sanders, Notary Public OFFICER(S)
O� _ before me, _ _ _ —.__. .---
DATE J AiaUE TIT' uF:OFFICER E O 'JANE DOE NOTARY PUBLIC' V T;TLEIS)
❑ PARTNER(S)
personally appeared__Carolyn Kelley X] ATTORNEY-IN-FACT
NAraE,s,of s1cNERtst ❑ TRUSTEE(S)
Elpersonally known to me- OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac ❑ GUARDIAN/CONSERVATOR
knowledged to me that he/she/they executed ❑ OTHER:-----------___----
the same in dots/her/their authorized
=UNDA
L S. capacity(ies), and that by his/her/their
SANDERS signature(s�on the instrument the person($),
ic-COG'IM10 ).A COuxry or the entity upon behalf of which the person(�g) SIGNER IS REPRESENTING:
on Exr kosacted, executed the instrument. NAME OF PEfiSONIs1 OR ENTITY(IES)
20, 1993 Seaboard Surety C"omp��nv
Witness my hand and official seal. ----��---
;;;;NATURE OF NOTARY
s
ATTENTION NOTARY:Although the information requested below is OPTIONAL.it could prevent fraudulent attachment of this cerwicate to unauthorized document.
THIS CERTIFICATE Title or Type of Document Perf;'Pay Bond - Catv _of- Cupertino
MUST BE ATTACHED Date of Document 6:�12/91
TO THE DOCUMENT Number of Pages _
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above_ None
«;1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave •P.O.Box 7 184•Canoga Park,CA 91304-7184
Bond No. 20149.3-91
Premium: $3,690.00
FAI'IHF'UL PERFORMANCE BOND
KNOW ALL MEN BY TIIISL PRESENTS:
THAT WE, O'GRADY PAVING INC.
as Principal and Seaboard Surety Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Five Hundred Fourteen Thousand Nine Hundred Sixty-Four and 26/10&11ars
(; 514,964.26 ) lawful looney 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 above obligation is such that,
•
WHEREAS, the Principal has entered into a contract dated June 3, 1991 ,
with the Obligee
to do and perform the following work to-wit:
Annual. overlay Project 91-104
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwi: to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 12th day of June 19 91 ,
(To be signed by Principal
and Surety and acknowledgment.)
O'Grady Paving, Inc.
rinci al IS
Seaboard Surety Company
Surety
By
Attorney n-Fact
Carolyn Kelley
f
The above bond is accented and approved this day of 19
,t_ ♦ tl.ro
Bond No. 201493-91
Premium Included in Performance
Bond Fee
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
O'GRADY PAVING INC.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said 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 sub-
contractors, shall fail to pax for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and Seaboard Surety Company
as Surety, 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 abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
Five Hundred rourteeen Thousand Nine Hundred Sixty-Four and 26/1.00
($514,964.26 ) .
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 inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
S't'-1n's OI' CAI IFOWNLX Oil this... 13th....... .day of........ J.u,ne................... . in the year
,..,. SANTA CLARA s� Win.e ee❑ ..N.i.1te.ty..Cln.e. ..................... ... .beforeme,
C e.l.i n e..O....D.u.r.a n........ ,a Notary Public,State of California,
duly ficensed and sworn,personally appeared......................... .........
........Cr.a.�g..E....Yo.V.o.9................................................
per•snmmlly known to rile(or proved to me on the basis of'satisfactory evidence)
=CEUNE
Frera.s�u to be t be parson w1io executed the within instrument as.U-...President
0.DURAN or on behalf of'the corporation therein named and acknowledged to me. that
IGAfL1 COUNtYsuch corporation executed the, within instrument pursuant to its by-laws or a
r 6�iresEeb 116�6 resolution of its board of directors.
IN WITNESS WIIEREOF I have hereunto set my hand and affixed
my official seal in the............................County of............. . .....
San t is C.l.a.r a.... l It e date sett forth above in this certificate.
i.wi-.scumpi cn as:n uiF 1 (/1/�i.r---
l 11111b,1�of.tv5 ,In eny J fii Public,
' Notary State of California
Powder y's Form No 28 - Acknowledgement to Notary Public -- February 3 1995
Cor-por,iioll (C. C. Sees. 11.90-1190.1)--(Rev. 1;83) My commission expires._
ALL-PURPOSE ACKNOWLEDGMENT NO209
t '
State of. California _ CAPACITY CLAIMED BY SIGNER
County of San Mateo ❑ iNDIVIDUAL(S)
❑ CORPORATE
On_ _6/12;'91 before me, Linda L. Sanders, Notary Public OFFICER(S)__________
DATE NAME.TITLE OF OFFICER E G -.LANE DOE.NOTARY PUBLIC' TIT[.EtS�
❑ PARTNER(S)
personally appeared Carolyn Kelley ® ATTORNEY-IN-FACT
NAME(Sr OF SIGNER+S) ❑ TRUSTEE(S)
® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he�6,he/"executed ❑ OTHER:
the same in W/her/�hot�f authorized
oFFI AL capacity(ies), and that by his/her/their
oo° bc ; � '
N Punc;oo signature(s)on the instrument the person(s),
SANTA CLAi'A COUIV)' ortheentity upon behalf of which the person(s) SIGNER IS REPRESENTING:
My Commission Expires NAME OF PERSON15�OR ENTITYtIESI
August 20, 1993 acted. executed the instrument.
Witness my hand and official seal,
SIGNATURE Company
SIGNATURE OF NOTARY _
ATTENTION NOTARY:Although the information requested below is OPTIONAL.it could prevent fraudulent attachment of this certificate to unauthorized document
THIS CERTIFICATE Title or Type of Document Perf/Pay - City of Cu rtino
MUST BE ATTACHED 3 � 6/12/91
TO THE DOCUMENT Number of Pages Date of Document _
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above None
C 1991 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.-P.O.00■7184-Canoga Park,CA 91304.7184
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
a
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 12th day of June 1991
O'Grady Paving, Inc.
(To be signed by Principal Princ' al^
and Surety. Notary
acknowledgments required.) Seaboard Surety Company
Surety
Attorne -in-Fart 7 �
Carolyn Kelley /
The above bond is accepted and approved this pday of
19
6/17/85
Certified Copy
No. 10437 ADMINISTRATIVE OFFICES, BEDMINSTER. NEW JERSE MM 9453
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made, constituted and appointed and by these presents does make,constitute and appoint Carolyn Kelley or
Fred J. DeGrosz or James B. Shea
of Palo Alto, California
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as follows; Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927.with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII,SECTION 1
"Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto.
Insurance policies,bonds,recogntzances,strputattons.consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board,the President,a'Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident
Secretary or a Resident Assistant Secretary.or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the
President or a'Vice-President to make such signature.o•(c)by such other officers or representatives as the Board may from time to time determine
The Seat of the Company shall it appropriate be attixed thereto by any such officer Attornev-in-Fact or representative
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duty attested by one of its Assistant Secretaries, this _ ._3:Oth
day of __.November_ ...__ 19. .88
* O Attest; SEABOARD SURETY COMPA Y.
927
craw` (Seal)J.6 u ICcret ry BY_ ae/� .�cJ ..._. _
Assistant Se Vice-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this 3Oth __ day of . .November _ _ . 19 88 , before me personally appeared
Michael B, Keegan _ a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .New Jersey. ;
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice- sident of
said Company by like authority. FELICE M. CATALANO
NOTARY PUBLIC OF PdEby IER;4Y
(Seal) My Commission Exp. June 4, 1-:11 1+
Notary Puhhc
C E R T I F I C A T E
the unoersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a foil true and correct copy,is in full force and effect on the date of this Certificate and I do furiher certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII.Section 1,of the By-Laws of
SEABOARD SURETY COMPANY
This Certificate may be signed and sealed by facsim,te under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970
"RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the,correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII.Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII. Section 1, with like effect as it such seal and such signature had been manually affixed and made,hereby is
authorized and approved'•
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
�s.er;� 12th day of June
t�Q * , 1991.
i�. 1927
IF
•�,�r*w�/ Assistant Secretary
Form 957 trtev 7 64;
For voiificatioa of inn,.lUthUnI1f,l�fit tlli5 flowet 4J Attorney)i'G 1'111 :.,ill ',oho"A 01 65,1,3500,ind ask for the Power OI Attorney Clerk. Pleas( rBfer to the Power
of Attorney number tfiv above f+omed individitaiis)and(ietHils of iho bond to which the power is attached In New York,Dial 212-627 5444
IISM DATE(MMIDO"
O6/12191
THIS CERTWICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
FAlburger Basso de Grosz DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
301 Island Parkway POLICIES BELOW.
P.O.Box 2017 COMPANIES AFFORDING COVERAGE
Belmont,CA 94002-1169 - --
COANYLET A Fireman's Fund Insurance
COMPANY
DrAiRED LETTER
O'Grady Paving Inc.* COMPANY C
Attn: Brenna --
2513 Wyandotte Street �R"" D
Mountain View,CA 94043
COMPANY E
LETTER
{''[''' -•j?Sig{YF'ji%:::iS:;G:•f.'••J•{<}:I£;;�;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NA=
TYPE iMlSURANCE POLICY fNIIMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE(MM/DD/YY) DATE(MM/DD/YY)
RAL LIABILITY GENERAL AGGREGATE i 2,000,000
COMMERCIAL GENERAL LIABILITY PRODLCTS•COMPIOP AGO. S 2,000,000
CIAIMs MADE®OCCUR. 289MXX80443013 07/01/90 07/01/91 PERSONAL A ADV.INJURY S 1,000,000
OWNER'S& CONTRACTORS PROT EACH OCCURRENCE S 11000,000
CONTRACTUAL FIRE DAMAGE (Airy one fire) S 50,000
X LIABILITY MED.EXPENSE(Any orro Person) S 51000
AUTOUOBILE LIABILITY COMBINED SINGLE
LIMIT 11000,000
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY S
A SCHEDULED AUTOS 299MXA80088349 07/01/90 07J01/91 (P° PO—)
X HIRED AUTOS BODILY INJURY S
X NON-OWNED AUTOS I (Per a=dent)
GARAGE LIABILITY I+
PROPERTY DAMAGE S
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE S
OTHER THAN UMBRELLA FORM .......
WORM"COMPENSATIONp AND 289WP80465038 07/01/90 07J01/91 EACH ACCIDENT ,.. 1,000,000 •
DISEASE—•POLICY LIMIT 5 11000,000
EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE S 11000,000
OTIffR
DES OPERATIONS/LOCATIONSNEIIC LESISP ECIAL ITEM
Project: Annual Overlay; File No.99,493.41; THE CITY OF CUPERTINO,ITS
OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS
LIABILTITY PER ENDORSEMENT ATTACHED.
. .:::. . .. :..
N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERUNO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
10300 Torre Avenue MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Cupertino,CA 95014 ,;. LE
AUTHORIZED REPRESENTATIVE
POLICY NUMBER: 289MXXI30443013 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM R)
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Cupertino, Its Officers and Employees
10300 Torre Avenue
Cupertino, CA 95014
(!f no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an ir.;ured the person or organization shown in the
Schedule. but only with respect to liability arising out of "your work'' for that insured by or for you.
Project: Annual Overlay; File No. 98,493.41
SUBJECT TO ALI, OTHER TERMS AND PROVISIONS OF THE POLICY, SUCH INSURANCE
AS PROVIDED BY THIS ENDORSEMENT SHALL BE DEEMED PRIMARY, BUT ONLY
WITH RESPECT TO WORK PERFORMED BY OR FOR THE NAMED INSURED IN
CONNECTION WITH THE ABOVE DESCRIBED CONTRACT.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc.. 1984
SEABOARD SURETY COMPANY
T
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
PROPOSAL BOND
InV34 all Men hg t4for lire.arnts:
THAT WE, O'Grady Paving, Inc.
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto
City of Cupertino
as obligee, in the sum of Ten Percent (10%) of Total Amount Bid
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 28th day of May 1991
WHEREAS, the said principal is herewith submitting its proposal for
Annual Overlay, Project 91-104
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
*Uan 4hto nhlioatinn shall be null and veid:.Qtherwise the principal and surety will pay
ATTORNEY-IN-FACT ACKNOWLEDGMENT
NO.W4
St e of California On this the 28th day of May Ig91
SS. before me, the undersigned Notary Public, personally appeared ,
. Co my of San mated Carolyn Kelley
(name of attorney in fact),
IN personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of Seaboard Surety Company (name of
OFFICIAL-SEAL person not appearing
UNDA 1. S.>NDER5 pp sting before Notary),the principal,and acknowledged to me
She
'; ;^ N0T!Wmit1N Pup:IC CO Cf'U that (he/she) subscribed the principaYs name thereto and
iA LA' `AC E.;"°'• her (his/her)own name as attorney in fact.
f Au•�ust 2t�. 1�+v3 ,� WITNESS my hand and official seal.
Notary's Signature
EABOARD SURETY COMPANY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
PROPOSAL BOND
Xnam all Are by thrior 'Orrgritto:
THAT WE, O'Grady Paving, Inc.
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto
City of Cupertino
as obligee,in the sum of Ten Percent (10%) of Total Amount Bid
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 28th day of May 19g1
WHEREAS, the said principal is herewith submitting its proposal for
Annual Overlay, Project 91-1.04
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
into the obligee the difference in money between the amount of the bid of the said principal and
he amount for which the obligee may legally contract with another party to perform the said work
t the latter amount be in excess of the former; but in no event shall the surety's liability exceed
ie penal sum hereof.
O'Grady Paving, Inc.
Principal
SEABOARD SURETY COMPANY
+us Carolyn Kell�yy e --ttorney-in-Fact
0
C I T Y O F C U P E R T I N 0
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
SPECIFICATIONS FOR
ANNUAL OVERLAY
PROJECT 91-104
TUESDAY
MAY 28, 1991
2:00 P.M.
Bert J. Viskovich
Director of Public Works
City Hall
10300 Torre Avenue
Cupertino, California
95014
File: 98,493.41
I }
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
1. Notice to Contractors
2. Proposal
B. GENERAL PROVISIONS
1. Adoption of Standard Specifications
2. Headings 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
5. Notification of Residents
6. Inspection and Inspection Costs
7. Public Convenience and Safety
8. Quantities
9. Explanation of Bid Items
10. Time of Completion/Liquidated Damages
11. Water
12. Liquidated Damages for Traffic Striping
13. Preconstruction Meetings
14. Noise Control
15 Payment
D. TECHNICAL PROVISIONS
1. Section 100: Asphalt Concrete
2. Section 101: Fog Seal
3. Section 103: Adjusting Existing Facilities to Grade
4. Section 104: Wedge Cut
5. Section 105: Repair of Failed Pavement
E. SIGNATURE SHEET
• NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
ANNUAL OVERLAY, PROJECT 91-104
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, ANNUAL OVERLAY, PROJECT
91-104
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, 1991 ,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 (30) days of receipt, at which time the Council will review and act
upon the bids submitted. Award, if any, will be to the lowest responsible
bidder.
Payment will be made in cash by said City upon submission by the Contractor
and approval by the Engineer of a progress billing which reflects the value
of the work completed. The progress payments made as work progresses will
be payments on account and will not be considered as an acceptance of any
part of the materials or workmanship required by the Contract. Pursuant to
Section 4590 of the California Government Code, the Contractor will be
permitted, at its request and sole expense, to substitute securities for
any moneys withheld by the City to ensure performance under the contract.
Said securities will be deposited either with the City or with a state or
federally chartered bank as escrow agent. Securities eligible for this
substitution are those listed in Section 16430 of the California Government
Code or bank or savings 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.
Al). 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 incc,-plete or
interlineated proposal or bid will be accepted. Bidders are rE�4-:ired 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 oe obtained at the office of the City Engineer, City Hall,
Cupertino, California, upon deposit therefor of $5.00 aer 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. ' 7 y ey
�t „ -_City Clerk
Publish:
May 15, 1991
May 22, 1991
t
BID PROPOSAL
ANNUAL OVERLAY
PROJECT 91-104
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the Annual
Overlay Project in the City of Cupertin=_), Project 91-104 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 the 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 consiste of furnishing all labor, methods of process,
tools, machinery and material required to complete the Annual Overlay
Project 91-104 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.
1. Within two (2) hours after each street has been overlayed, 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 14.
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
incomplete.
PROPOSAL PAGE 1 OF 8
t �
BID PROPOSAL (Continued)
2. Seven days following the overlay of each street, I shall be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn, left turn, bike lanes, travel lanes, stop _hare,
legends, speed limits, and other striping not solely limited to these
patterns or legends as shown in the Standard Plans A20-A, B, Ct A-24A,
8, C, D and the project plans. Bid Items 11 - 13.
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.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
BID EST. (,STY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 13,045 S.F. Pavement Restoration (6") $ 5-0 0 /S.F. $ 104 31v0.00
2. 8,872 Ton Asphalt Concrete Pavement $33.5 O /Ton $ �/-i,R•00
3. 240,840 S.F. Fog Seal $ 0 . 0 1 /S.F. $A 44) 9LO
1
4. 34,380 L.F. Wedge Cut (Longitudinal) $ 1115 /L.F. $.=k
5. 1,315 L.F. Wedge Cut (Transverse) $ /• 0_/L.F. $ 13 1 SS. O 0
6. 111 EA. Adjust Manhole to Grade $-QkO.00 /EA, $ a8 9 400.00
7. 41 EA. Adjust Box to Grade $ 1 (o O.00 /EA. $ 16 S l00.00
8. 327,392 S.F. Pavement Fabric $ 0.10 /S.F. $ 32-�39•�0
9. Remove Traffic Striping
4,900 L.F. State Detail 10 $ 0. 50 /L.F. $ a'Z4 SO.00
4,S50 L.F. State Detail 13 $ 0. 50 /L.F. $ a a7G.00
6,370 L.F. City Detail 23C $ O• 5 0 /L.F. $ �1 3S.00
2,245 L.F. City Detail 33C $ 0•SO /L.F. $ 1 SO
BID PROPOSAL PAGE 2 OF 8
BID PROPOSAL CONTINUED:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TO
9. Remove Traffic Striping (Continued):
300 L.F. State Detail 37 $ Q. SO /L.F. $ ISO• QZ3
2,040 L.F. State Detail 38 $ 0.50 /L.F. $ I d2-j0-00
10. 27 EA. Remove Blue Pavement Markers $ 10.00 ;EA. $ of•70 •Qb
11. Install Traffic Striping
1,045 L.F. 4" White $ O• IS /L.F. $ 15(a•75
1,067 L.F. 12" White $ a oO /L.F. $ cA 15 4.00
4,900 L.F. State Detail 10 $ O • 3 3 !L.F. $ 1 (® 17,00
4,550 L.F. State Detail 13 $ 0• aG /L.F. $ 1 137, SO
1,075 L.F. State Detail 21 $ 0 . 19 /L.F. $ d0 LL.aS
5,000 L.F. State Detail 25 $ O• !S /L.F. $ SO. L0
2,040 L.F. State Detail 38 $ O. 2?S /L.F. $ / .O 0
11,990 L.F. City Detail 39AC $ 0 i(a /L.F. $ i 9 IS•4O
6,370 L.F. City Detail 23C $ 0. 75 /L.F. $ 4-777. 50
2,245 L.F. City Detail 33C $ 1. 1 O /L.F. $a244,A•S 0
300 L.F. State Detail 37 $ o. S O /L.F. $ 150. 0
12. 85 EA. Install Painted Traffic
Legends $ S 3.00 /EA. $ 450S•00
13. 27 EA. Install Blue Pavement Markers $ S. 00 /EA. $ 13S.00
14. 1 L.S. Traffic Striping Layout $ 600.00/L.S. $_,,'500.00
15. 8 Tons A.C. Skin Patch $3", 50 /TON $ ,2q00.00
TOTAL BID $ 555 33,3•Q O
BID PROPOSAL PAGE 3 OF 8
VA
\J
a ,
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 reE-acts 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
iO% o-F 4*- L_
amount of $ Armo,,eit loi d 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) How many years has your organization been in
business under its present name? I y ea-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? + ID O Y ej.%✓'S
(3) Contractor's License No. 591 940__
State of California, Classification f;)
Expiration Date: 4 3U -9I.2-
(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
T'
s ,
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractors, if any
(Section 4104, Government Code)
1. Ari ra A
2. 19 K► t
3. 5j2irt,, 4T__ Raad �;. 1S
4. .l r�<,.trt'c,cxfl
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1. 'Ey(1 ar1L)S
2. Carr.,2 6&11
3. 50-e'2 JOSe-
4. S641
5.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1._U.)ed:!.g CcLt
2. //A 3�f ate
"��. G �thte S ±s, �o
3.
4._es` ¢Yl t t^� 4..10� ✓l e:2'l(9!K5
5.
6.
BID PROPOSAL PAGE 6 OF 8
r ,
a` t
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:
Co-Partnership
DA✓+,'e1 44. Corporation PSG c4-) Tel•t-
Pe-es.�de,-t
Joint Venture
A 1 b e v--t C, R ca i s cln,
_ Trews re.�- Other
(Describe)
Name and Signature of Bidder:
JOHN D. SCHAAR, ATTORNEY-IN-FACT
(Print)
(Signature)
Address (Both mailing and location addresses) :
p.O • END X I$o8
FY-e,Tn oy"L, 0-a- 9 4S-5'8
+�3801 Osgood
Fre_.ri-�oY,-�� CA. 9�s 39
Telephone Number:
1`�1S ► �f90 ►C)70
Date: MC4 t 1
Addendas Received:
1 2 3 4 5
BID PROPOSAL PAGE 7 OF 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California Be.
County of ( 4 03 4La
J-0 kyl Q • Sc'k a_a Y- , being first duly sworn, deposes
and says that he ag the is A4jor✓ie-V-i ra-Fac+ of R6-L4 Q VIS Y:,. =-�'►c
the party making the foregoing bid that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone
shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interest in the proposed contract; that
all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or
any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
Name and Signature of Bidder:
JOHN D. SCHAAR, A'T'TORNEY-111 ACT
(Print)
(Signature)
Date:M Q off-$.►9 9 I
BID PROPOSAL PAGE 8 OF 8
f ,
STATEMENT OF EXPERIENCE
Raisch Gradeway Construction Inc. is the product of a merger between
Raisch Construction and Grade-Way Construction effective April 1, 1990.
As a new company, our Experience List will contain only those contracts
obtained after the merger date.
Raisch Construction Co. had been in business for over 100 years. Its
areas of expertise included grading, paving, and heavy concrete
structures. Much of its work was performed for public entities.
Grade-Way Construction had been in business for 14 years. Its forte was
In grading and paving, and most of its work was performed for private
developers.
Raisch Gradeway Construction Inc. is experienced and equipped to perform
the required work.
Job # Description Owner Contra^t Amount
9UU0I Tapestry SUbd. ea Homes
90002 Miyuki Caltrans 14142896
90003 SMUD Facility SMUD 116650
90005 Rte 82 Caltrans 110789.50
90006 Branham Lane Recons. City of San Jose 118093
90007 Sunnyvale Landfill City of Sunnyvale 968769
90008 Anthem Computers Alacon 236610
90009 Kirby Canyon MGC 1718473
90010 Rte. 242 Caltrans 301192
90011 Lawrence & 101 Trammel Crow 623150
90012 Tree Lake Lusk Co. 352339
90013 Fontanoso City of. San Jose 3983086
90014 Street Improvements Caldo Oil 65020
90015 Durham Road Catellus 1668551
90016 Gateway Web^or 290727
90017 San Francisquito Santa Clara County 469021
90018 Roseville Ctr. Maloney & Bell 196000
90019 Santa Cruz WTP Hoffman 281220
90021 Rte. 101 Soundwall Caltrans 766689
90022 Gateway-SSF J.M. O'Neill 142785
90023 Watt Avenue Sacramento County 1455909
90024 Gilroy Foods Mill Construction 275114
90025 Victoria Road City of Milpitas 528802
90026 Chaparral Ct. South County Housing 511956
90027 Camino Tassa_jara City of Danville 349410
90028 First Nationwide Koll Construction 890742
90029 Del Road Industrial Asphalt 47050
90030 Rte 101 McKee Caltrans 2189996
90031 Rte 17 Camden Caltrans 677361
90032 Beale Academic Beale AFB 1148500
r i
90033 Rte. 237 Sunnyvale Caltrans 4769977
90034 Public Safety Ctr Stanislaus County 347500
90035 Kellogg Site Vitton Constr. 78416
90036 Lockheed PMS Lockheed 51215
90038 Nuttree Outlet R.A. Swanson 80196.25
90039 Rio Cosumnes Mark Diversified 182350
90040 Sikh Temple Vitton Constr. 103308
90041 Rte 85 Camden Caltrans 9597245.70
90043 Beale Commissary McCarthy Const. 481400
90044 Elyxir Street Vance Brown & Son 266446
90045 Pestana Overlay Pestana, Inc. 28240
90046 Durham Rd Sewer Delta Excavating 62808
s
91-016 ANNUAL OVERLAY 2 of 3
PROJ. 91-104
a
7i
B. MtlFOf[' 4 P-M—W ONS
1. ADOPTION OF ff&MM $PF9C ZICATIONS.
By this reference, the Standard Specifications of the Stag of
California, Department of Transportation dated January, 1988 (herein
referred to as "Standard Specifications") is inacrporated 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. DEFINITIONS`
The definitions and terms outlined in Sectimi 1 of tee State Standard
Specifications shall apply with the followinq modifications:
1-1.13: "Department01 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: 0lEngineer19 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 City and
provided in the Special Provisions of _.ate 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. PROSE=ON AND PROGRESS OF THE WORK:
A. NOISE
trading, 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 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.
Gn, jERAL PROVISIONS PAGE 1 of 14
1�I L (cont.
It is a violation of this chapter to end in any <grvding, stet
c ction or underground utility irk 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,
emergmicy exception. trading, eonstructian or demolition occurring
during nighttime periods shall not be allowed unless they meet the
nighttime standards of Section 10.48.040, daytime and nighttime
maxim= noise levels.
B. P OF TiIE 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 cale zler days
as shown in the Special Provisions.
C. RDOORD DRAWIt3GS•
The contractor, upon ooWletion of this project, shall furnish and
submit a set of accurate "Reomd Drawing" plans to the Dint of
Public Works. Five (5) sets of "Electrical Schematics" of the traffic
sicmal 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 cmAxact char�,z order
work and all variations in the eanstruCticn from the plan prcnrided to
the contractor by the City.
D. RIGS OF WAY:
The right of way for the work to be constructed will be provided by
the City. The contractor shall make arrangemmmeYts and pay all experses
for additional area required outside of the limits of right of way.
E. SUSPENSION OF THE OONI1? LM
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. Stud the cmtractor neglect or refuse
to provide means for a satisfactary compliance with the cmitract 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 PROVISIGNS PAGE 2 OF 14
E. SUSPEiVSIONJ OF 'IM E OCUMM foontiaued) :
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
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 eaploy -ther
parties to carry the contract to completion, euploy the necessary
works, hire equipment, substitute other machinery and materials,
passe the materials for, and buy such additional materials and
supplies at the eantzactor's expense as may be necessary for the
proper conduct of the work and for the completion of the contract.
" a City may annul and cancel the contract and relet the work or any
part thereof. Any excess of cost arising thretefx 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 contract and the contractor's sureties will
be credited with the amount of money so forfeited taAm-d 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 ooapletion have
been paid.
In the determination of the question whether there has been any such
non-caanpliance 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 LIO€JIIMM DAMAGES:
The work to be performer under this contract shall be Meted 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
contract will pay to the City, the sum set forts 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 PROVI5IOMS PAGE 3 OF 14
F. 2 ME OF COMP-K JON AI�6D LIQUIDATED D&MM (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
mvW3er 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 oast 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 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 causes: 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 farm 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 sequ-xx a 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 item 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
wiL be considered under these provisions as a cause for extension of
time. Delays in obtaining materials due to priority in filling orders
will not Mute 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 elated by the contract, an
extension of time ate with the delay in completion of the
work thus caused will be granted and the contractor shall be relieved
frcm 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. TTME OF CCK-4, rLCN AND LIOUT GATED DAMAGES (Cmitinued)
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 dates 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.
Bxmpt for additional ompensaticn provided for in Section 8-1.09 of
the State Standard Specifications ("Right of Way Delays") , and e>mept
as provided in Public Contract Oode Section 7102, the contractor shall
have no claim for damage or compensation corar any delay or hindrance.
It is the intention of the above provisions that the cxx tractor shall
not be relieved of liability for liquidated damages or engineering and
inspection charges for any period of delay in completion of the worn
in excess of that expressly provided for in this section. (See State
Standard Specifications Section 8-1.07.)
5. L OF THE WOW:
A. AUTHORITY TO DEVIATE FROM THE APPR 7ED PTANS:
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 eanstructioh and until final
completion and acceptance, prevent the formation of an air-borne
nuisance by oiling, watering with non-potable watex, 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 cipertuio may order that dust control
measures at the site be dome 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 oontracto�r.
C. INSPElG°I'ION:
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 doe by the contractor shall be aeoomplished between the
hours of 8:00 A.M. and 5:00 P.M., V=xiay through Friday, or as
specified in the Special Provisions, unless authorized in writing by
the engineer.
GOAL PFDVISICKS PAGE 5 OF 14
C.INa"TDCTZ_ N (Continupi) :
whenever the contractor varies the period within the authorized hues
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 ($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 tunes by the State Director of Public
Works or the State Agency involved. (See State Standard
Specifications Section 5.1.08.]
D. NR�NCIN�3�ATIODT
The Contractor shall properly guard, protect and preserve all street
and highway monuments, all property corner and property lice 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 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 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 motion as desired by the Engineer.
The contractor shall furnish such samples of materials as are
requested by the engineer, without charge. No materials shall be used
until it has been approved by the Engineer. Additional samples may be
secured and tested whenever necessary to determine quality of
materials.
All tests of the materials furnished by the contractor shall be made
in accordance with commonly recognized standards of national
organizations, and such special methods and tests as are prescribed in
the Special Provisions.
F. UTILITIES:
It is the contractor's responsibility to verify the location of all
existing utilities. The contractor shall have all of the utilities,
www ground mains, and services that may conflict with the project
field located. The contractor shall oantact Service Alert
(USA) forty-eight (48) hens in advance of any work at (800) 642-2444.
GENERAL PROVISIMS PAGE 6 OF 14
F. LTI MES (Continued) .
Due caution shall be exercised to insure that und� irrigation
systems, electrical systems, and other utilities on private property
are not damaged during construction of the project. During
excavat-.-n, appropriate techniques shall be Toyed which safeguard
all existing utilities a:ed undergrowd facilities. Damage to such
utilities and underground facilities shall be repaired at the
contractor's expense.
G. WATER FOR CONSnU=ON:
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 ccrostruction water from fire hydrants provided
that the contractor obtains a meter from and uses the water from
the water utility that services the area in which the construction
work is located.
6. LEGAL RUAMONS AND RESPONSIBILITIES IO THE PUBLIC:
A. OONTRACrOR'S PA)TI'S
Upon request by the City, the contractor shall submit reasonable
evidence that all payrolls, materials, bills and other s
cmuiected with the work have been paid. If any liens against the
contractor for labor or materials furnished hereunder remain
tuisatisfied after final payment by the City, the contractor agrees to
pay the City all monies that the City may be conq)elled 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 Qqpertino satisfactory proof that the bidder
has public liability and property damag> insurance in effect for the
entire period covered by the proposed �.cntract. The irisurance 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 Toyed by the contractor,
that may be caused directly or indirectly by the performance of the
contract and (2) on account of injury to or fiction 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 uXoI eiCa IV' elusions.
GMERAL PFMISICNS PAGE 7 OF 14
B. INSURANCE--PUBLIC LIABIIXrY AND PROPEWY DWjGE (cxmtinued)
The minimum limits of liability for this insurance shall be as
indicated in (a) and (b) as follows:
Each Person gog2 Ocawrenge AgZMpte
(a) Bodily Injury Liability $500,000.00 $1,000,000.00
Property Damage Liability $ 250,000.00 $500,000.00
(b) A single limit for Bodily
Injury Liability and Property
Damage Liability Combined of $ 500,000.00 $500,000.00
Insurance coverage in the minimum amounts set fortis 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 might be held liable on account of the contractor's
failure to pay such damages, and deduct and retain the amount of the
premiums from any stuns due the contractor under the contract.
Nothing in the contract is intazded to create the public or any member
thereof a third party benefici-Ary hereunder, nor is any term and
condition or other provision of the contract intended to estakAsh a
standard of care owed to the public or any member thereof. (See
Standard Specifications Section 7-1.12.) .
C. LABOR NONDISCRIMINATION•
Attention is directed to the provisions of Section 7-1.01A(4) of the
State Standard Specifications, which apply. In addition, the
contractor shall comply with the recommended minority and female
employment practices of the Office of Federal Contract Ooupliance of
the United States Department of Labor as established for Santa Clara
may-
D. RESPONSIBILM FOR JAMAGES•
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 thexeof, any
material or equip*nt used in performing the work, or for injury or
cla wage to any person or persons, either workers or the public, or for
damage to adjoining property from any cause whams during the
pn of the work or at any time before final acceptance.
GENERAL PROVISIONS PAGE 8 OF 14
D. RESPONSIBILM EM DAMM (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 fr'CM
defects or obstructions or from any cause whatsoever during the
progress of the work or at any time before its ompletion and final
acceptance.
The contractor shall indemnify and save harmless the City and all
officers and employees thereof from all suits, claims or actions of any
name, kind and description, brought forth, or on account of, injuries
to or death of any person including but not limited to workers and the
public, or damage to property resulting from the performance of a
contract, except as otherwise provided by statute. The deity of th-
contractor to iffy 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 fourth 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 aeoeptanoe 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 Stagy.-�-rd Specifications ("Partial Payments") .
3. If the City has retained funds and it is subsequenta_y determined
that the City is not entitled to be indemnified and saved harmless
by the contractor in cmulwticn 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 MVIS MS PAGE 9 OF 14
D.RESPONSIBII..I'I'Y POR DAMAGE (Continued)
The City will consider prowls by the contractor to enter into
special arrangements, such as pasting securities or bonds acceptable to
the City, in lieu of the retention of funds. Such special arrangements
shall be in writing, and approved by the surety on the performance bond
and by the surety on the payment bond.
No funds shall be retained where the contractor establishes, to the
satisfaction of the City that at the time of the accident or occurrence
giving rise to a claim or lawsuit against the City or its officers or
employees, that the contractor had in effect public liability and
property damage insurance of the type, farm, and amount as provided in
Section S, paragraph 6b, above (1°Insurance - Public Liability and
Property Damage") . (See State Standard Specifications Sectio.0 7-1.12.)
E. RESOLUTION OF CONSIRUMON CLAIMS:
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. Thiv section shall rurc 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
(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, ani as
of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 1994, deletes or extends that date. As
stated in subdivision (c) of Section 20104 of the Public Contract Code,
any contract entered into between January 1, 1991 and January 1, 1994,
which is subject to this section shall incorporate this section. To
that end, these contracts shall be subject to this section even if this
section is repealed.
The term "Public Work" has the same meaning as in Section 3100 and 3106
of the Civil Code.
The term "Claim" means a separate demand by the contractor for (1) a
time extension, (2) payment of money or damages arising from work done
by or on behalf of the contractor pursuant to the contract for a public
work and payment of which is not otherwise expressly provided for or
the claimant is not otherwise entitled to, or (3) an amount the payment
of which is disputed by the City.
For any claim subject to this section, the following requirements
apply:
1. The claim shall be made in writing and shall include the does
wry to substantiate the claim. Claim 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 reqairements otherwise
provided by contract for the filing of claim.
GENERAL PROVISIONS PAGE 10 OF 14
. l W—U ON OF Mgffli3CYTCN Q&M (Continuld)
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, anry 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 aft
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 taker; by the claimant in producing the additional
information, whichever is greater.
3. (a) For claims of over fifty t-hausand dollars ($50,000.00) and less
than or equal to three hundred saventy-five thousand dollars
($375,000.00) the City shall respond in writing to all written claims
within sixty (6011 days of receipt of the claim, or may rat, 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 t2ereafter required, it shall be
requested and provided pursuant to this sect"f::io, upon mutual agreement
of the City and the claimant.
(c) The City's written response to the cla-Lin, as further documented,
,
shall be submitted to the claimant within thirty (30) days after
receipt of the further documentatioi, or within a period of time no
greater than that taken by the claimant is r-rcducing the additional
information or requested documentation, whichever is greater.
4. If the claimant dimes the City's written response, or the City
fails to respond within the time pibed, 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) clays of the City's failure to
respond within the time prescribed, respectively, and demand an
informal conference to meet and confer for settlement of the issues in
dispute. Upon a demand the City shall mule 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 (cc=-oncing with Section 900; sand Chapter 2 (king with
Section 910) of Part 3 of Division 3.6 of Title 1 of the GaVm mtent
Code. For purposes of those provisi Ts, the running of the period of
time within which a claim must be filed shall be tolled from the time
the claimant su1mits the written cWin pursuant to paragraph 1, above,
until the time the claim is denies., including any period of time
utilized by the meet and confer conference.
GENERAL PRMISIONS PAGE 11 OF 14
E. REROLMON OF CONS F&V-TICN CLAIIM dContirnied)
The following procedures are established for all civil actions filed to
resolve clam subject to this section:
1. Within sixty (60) days, but no earlier than thirty (30) days,
following the filing or responsive pleadings, the comet shall submit
the matter to nonbinding mediation unless waived by mutual stipulation
of bath 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 oomenced within thirty (30) days of the
submittal, and shall be concluded within fifteen (15) days from the
cmunencement of the mediation unless a time requirement is extended
upon a good cause showing to the cart.
2. (a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (wing 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 Oisoovery Act
of 1986 (Article 3 (eawe=ing 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 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, (1) arbitrators
shall, when passible, be experienced in ooIstructicn law, and (2) arW
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 MUM OF CIMI RACT:
A. CCMPETENCY OF BIDDERS:
All bidders are required to complete the "Bidder Qualification Form" as
provided in the proposal. Irlete forms or lack of experience in
the field of work being bid may be cause for rejection of the proposal.
B. CONTRACT BONDS:
The contractor shall furnish two (2) good and sufficient bonds. Each
of the Bonds shall be executed in a sum eq!aal to the contract price.
Tone first bond shall guarantee the faithful performarnoe of the contract
by the contractor. The second bone shall be furnished as required by
the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the
State of California.
GENERAL PROVISICHS PAGE 12 OF 14
The Labor and materials band will be released six (6) months after the
Notice of Completion, and the Faithful Performance shall be redid 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 prodided any deficiencies in the work have been corrected.
(See Mate Standard Specifications Section 3-1.02.]
C. MaMON OF aQNTRACT•
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 prowl 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 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. PAYMENr (continued) :
The City utilizes a bi-weekly accounts payable cycle and ism checks
on Fridays. The actual dates of the payment schedule are available
through the City's Accounting Department. The City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of riding 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 star-xbrd 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 Fbrm,
Sub-Contractors Form and Signature Farm. Bids containing less than
this or bids containing ineouplete forms will be
All proposals shall state the dates for ampletian, if required, the
prices proposed, both in writing and in figures and shall show a total,
an3 shall be signed by the bidder, with the bidders address. If
proposals are made by an individual, name and past office address shall
be shown.
GENERAL PROVISIONS PAGE 13 OF 14
E. EHQFQML 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 treasim7er 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 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. REM=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. SUBCONTRACTORS:
Zhe proposal shall ccarTain 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 iqzovement according
to detailed drawings contained in the plans and specifications, in an
amount in excess of ane--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 ems of aie-half of one
percent (0.5%) of the prime contractor's total bid Or ten thousand
dollars ($10,000.00) whichever is the greater.
The proposal shall list the portion of the work which will be done by
each subcontractor for this project. The prime contractor shall list
only one (1) subcontractor for each portion as is defined by the prime
contractor in the prime contractor's bid.
GENERAL PROVISIONS PAGE 14 OF 14
SPECIAL PROVISION
2. 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 woBK:
The work consists of removing designated areas of pavement to the
depth specified and reconstructing the removed areas with new asphalt
pavement. Asphalt pavement replacement shall consist of compacting
the base material, furnishing and applying paint binder and prime coat
as required and furnishing and placing asphalt concrete to the
elevation of the original wearing surface. This work must be
completed before any overlay work is started.
The work also consists of improving the indicated streets in the City
of Cupertino by wedge cutting, resurfacing with thickness of 1-1/4" to
2-1;2" of asphalt concrete and applying a fog seal.
The work also includes the raising of manholes, water valve boxes,
monument boxes, and traffic striping replacement as outlined in these
specif:cztions.
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 on the various City streets before
9:00 A.M. or after 3:00 P.M. Mondays through Fridays. Only under
special conditions will the City permit lane closures before 9:00 A.M.
or after 3:00 P.M. .
All paving on 8andley Drive shall be done on the weekend. There will
be no extra charge for inspection during this time.
All costs of the above shall be included in the price bid for the
various bid items and no special compensation will be allowed.
The contractor shall maintain a minimum of two (2) travel lanes for
traffic on the major street for use in each direction at all times,
and one (1) travel lane for traffic use in each direction on minor
streets.
4. MAINTAINING TRAFFIC:
Attention is directed to Section 7-1.08, "Public Convenience,"
7-1.09, " Public Safety," 12-3.04 "Portable Delineators", and 12-2.02
"Flagging Cost" of the Standard Specifications.
Personal vehicles of the contractor's employees shall not be parked
within the right-of-way.
SPECIAL PROVISIONS PAGE 1 OF 10
MAINTAINING TRAFFIC (Continued)
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 and any changes to the
schedule as they occur, to the local authority and the City
Inspector. 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 (30' ) 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 the abutting residents 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 48
hours notice is given to the property owner or tenant. If these
notification procedures are not strictly followed, the Contractor
shall not be allowed to work on the street.
POSTING•
The Contractor shall be responsible for providing and posting of
notices of work to be done and also responsible for any re-posting of
notices to streets that need to be rescheduled due to unseen breakdown
of equipment or other 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 minor delays. The date must be printed in a
legible manner on the sign.
(Post "No Parking" signs at approximately 100 ft. intervals) .
TOWING PROCEDURE:
Cupertino Municipal Code section ,.I.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 48 hrs. prior to the scheduled start of work. The
Contractor must notify Cupertino Code Enforcement (408)252-4505 with
locations of posting, to verify forty eight (48) hour notice.
SPECIAL PROVISIONS PAGE 2 OF 10
m
SPECIAL PROVISIONS (Continued) :
6. INSPECTION AND INSPECTION COSTS:
The work will be inspected by the City of Cupertino.
Inspection costs for any work done before 8:00 A.M. or after 5:00 P.H.
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 conduct his operations so as to cause the Least
possible obstruction and inconvenience to public traffic. All traffic
shall be permitted to pass through the work area. Contractor shall
furnish, erect and maintain sufficient warnings 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.
The contractor shall be allowed to close traffic lanes as specified in
the Traffic Control Section, on the street involved in the project.
Flagmen, barricades, and signing shall be required in order to insure
safe and orderly traffic flow. Side or adjacent streets shall be
posted and/or detoured with barricades and signs to insure traffic is
routed around the work area.
8. 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 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.
ITEM DESCRIPTION EST.OTY. UNIT
a<•
1. Pavement Restoration (6") 13,045 S.F.
2. Asphalt Concrete Pavement 8,872 Ton
3. Fog Seal 240,840 S.F.
4. Wedge Cut (Longitudinal) 34,380 L.F
5. Wedge Cut (Transverse) 1,315 L.F.
6. Adjust Manhole to Grade ill EA.
7. Adjust Box to Grade 41 EA.
8. Pavement Fabric 327,392 S.F.
9. Remove Traffic Stripping
State Detail 10 4,900 L.F.
State Detail 13 4,550 L.F.
city Detail 23C 6,370 L.F.
City Detail 33C 2,245 L.F.
SPECIAL PROVISIONS PAGE 3 OF 10
SPECIAL PROVISIONS (Continued)
ESTIMATED QUANTITIES (Continued
ITEM DESCRIPTION EST. OTY UNIT
9. Remove Traffic Striping (Continued:
State Detail 37 300 L.F.
State Detail 38 2,040 L.F
10. Remove Blue Pavement Markers 27 EA.
11. Install Traffic Striping
4" White 1,045 L.F.
12" White 1,067 L.F.
State Detail 10 4,900 L.F.
State Detail 13 4,550 L.F.
State Detail 21 1,075 L.F.
State Detail 25 5,000 L.F.
State Detail 38 2,040 L.F.
City Detail 39AC 11,990 L.F.
City Detail 23C 6,370 L.F.
City Detail 33C 2,245 L.F.
State Detail 37 300 L.F.
12. Install Painted Traffic Legends 85 EA.
13. Install Blue Pavement Markers 27 EA.
14. Traffic Striping Layout 1 L.S.
15. A.C. Skin Patch 8 TONS
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 completed and in place and operating, the work in
accordance with these apecifications and/or the contract plans. Any
item deezribed 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 - PAVEMENT RESTORATION (S.F. 1:
This item is bid per square foot and shall include all labor and
material to complete the pavement restoration as marked in the field.
See Section 105 of Technical Provisions for Construction Method.
BID ITEM NO. 2 - ASPHALT CONCRETE PAVEMENT DENSE GRADE (Ton) :
This item is bid per ton (Type B 1/2" max. asphalt concrete) and shall
include furnishing and compacting in place of asphalt concrete,
thickness range of 1 1/4" to 2 1/2".
See Section 100 of Technical Provisions for Application Details.
SPECIAL PROVISIONS PAGE 4 OF 10
SPECIAL PROVISIONS (Continued):
BID ITEM NO 3 - FOG SEAL (S.F. );
This item is bid per square foot and shall consist of furnishing and
applying a seal coat of bituminous binder at a rate of 0.05 gallons
per square yard of surface as specified in Section 101 of the
Technical Provisions (minor streets only) .
BID ITEM NO 4 - WEDGE CUT (LONGITUDINAL) L.F. :
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/4" deep by 6 ft. wide,
along the lip of gutter, or where specified.
See Section 104 of Technical Provisions for Construction method.
Bid Item No. 5 - Wedge Cut (Transverse) (L.F.):
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/2" by 15 ft. across
streets or where designated. This item shall include placing cutback
at the wedge cut to provide for a temporary transition.
See Section 104 of Technical Provisions for construction method.
Bid item No. 6 - Raise Manholes (Each) :
This item is bid per each and shall include furnishing all labor,
equipment and materials necessary for the adjustment of the manhole
rim and cover to finish grade.
Contractor shall have the option to use reinforced concrete grade
rings, or cast iron manhole exter-_:.: rings, or other method as
approved by the engineer.
If cast iron manhole extension rings are used, it shall be the
responsibility of the contractor to verify the diameter of the manhole
frame and to furnish extension rings of a diameter to insure proper
fit. All extension rings shall have a minimum of three (3) set
screws.
P.G. & E and P.T. & T. manholes shall be overlayed and marked by
leaving a patch of A.C. out near the center of the cover.
See Section 1C3 of the Technical Provisions for additional
information. _
B',d Item No 7 - Raise Monument Box to Grade (Each) •
This item is bid per each and consists of raising of existing valve
boxes and monument boxes to the finish grade of the resurfaced
pavement.
See Section 103 of the Technical Provisions for Additional
Information.
SPECIAL PROVISIONS PAGE 5 OF 10
SPECIAL PROVISIONS (Continued:
Bid Item No 8 - Pavement Fabric (S.F. ) :
This item is bid per square foot and shall include all costs for
furnishing all labor, equipment and materials necessary to install the
pavement reinforcing fabric at locations as directed in the field by
the Engineer. The fabric shall be installed just prior to the
placement of the asphaltic overlay. The pavement reinforcing fabric
shall be "Petromat" as manufactured by Phillips Petroleum Company or
approved equal and shall be placed in strict accordance with the
manufacturer's recommendation.
Bid Item No. 9 Remove Traffic Strinina (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 DETAIL 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.
Bid Item No. 10 - Remove Pavement Markers
This bid item shall include all costs for the removal and disposal of
the existing and/or conflicting blue raised pavement markers shown on
contract plans.
Bid Item No. 11 - Install Traffic Striping (L.F. ) :
.his bid item shall include all costs for materials, equipment and
labor to install all striping, as shown on the plans in accordance
witn 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 changes in the location and alignment of
the lane stripes and pavF:aent 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 prices bid for traffic legends.
Bid Item No. 12 - Install Painted Traffic Legends and Arrows (Each) :_
11*his bid item shall include all costs for materials, equipment and
labor to install all legends and arrows as shown on the plans in
accordance with Section 84 of the Standard Specifications and the
State Traffic Manual.
Contractor shall be responsible for accurately locating the position
of all legends, arrows, and other markings in accordance with the
plans.
SPECIAL PROVISIONS PAGE 6 OF 10
SPECIAL PROVISIONS (Continued)
Bid item No. 12 - Install Painted Legends and Arrows (Continued) :
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.
Prior to painting, the Contractor shall call for review and approval
by the City's Traffic Engineer. The City shall have the right to
make changes in the location and alignment of the pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangements to keep both foot and vehicular traffic away from the
freshly painted surfaces until paint is thoroughly dry.
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.
23 EA. "Bike Lane
3 EA. "Stop Ahead"
11 EA. "Stop" & Bar
1 EA. "Yield" & Bar
52 EA. "Arrow"
6 EA. "Only"
3 EA "30"
18 EA. "35"
Bid Item No. 13 - Install 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
bonded by the adhesive shall be free of dirt, curing compound, 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.
No separate payment will be made for traffic control for applying
pavement markers. Full compensation for traffic control shall be
considered as included in the contract prices bid for traffic control.
Bid item No. 14 - Traffic Striping Layout (Cat Tracking or Dribble)
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.
SPECIAL PROVISIONS PAGE 7 OF 10
SPECIAL PROVISIONS CONTINUED:
Bid Item No. 14- Traffic Striping Layout (Continued)
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 accordance with the plans and City
standard markings by cat tracking with painted marks immediately or no
later than two (2) hours behind the contractor's 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 (10' ) 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 placed:
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 and 2-27.
See State Plans A20-A, A20-B, A20-C, A 24A, A-248, A24C, A24D.
Bid Item No. 15 - A.C. Skin Patch (Toni:
This item 49 bid per ton (Type B 1/2" max. asphalt concrete) and shall
include all costs for furnishing all labor, equipment and materials
necessary to install the A.C. Skin Patch on Stelling Road between
Stevens Creek Boulevard and McClellan Road. Tack coat shall be
applied prior to placement of A.C. Skin Patch. A.C. Skin Patch shall
be rolled after placement by truck mounted spreader box. All work to
be as directed by the City Inspector.
SPECIAL PROVISIONS PAGE 8 OF 10
SPECIAL PROVISIONS (Continued) :
TIME OF g MPLETIOId LIQUIDATED DAMAGES [Continued:
The beginning date for pavement restoration shall be June 17, 1991.
All pavement restoration must be complete by June 28, 1991. The
beginning date for start of overlay work shall be July 1, 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 assiged,
successors, and sureties shall be liable to the City for any excess.
11. WATER:
The furnishing of water and applying water shall be considered as paid
for in the items of work involved. In accordance with Ordinance No.
1489 effective April 15, 1989, no person shall use potable water for
construction purposes. Non-potable water is available for this use
unless water is transported from another county other than Santa Clara
County.
12. LIQUIDATED DAMAGES FOR TRAFFIC STRIPING:
In compliance with the plans and specifications for the Annual Overlay
Project 91-104 the temporary traffic striping (cat tracking or
dribble) Bid Item No. 14 and permanent traffic striping, raised
pavement markers and pavement legends Bid Item No. 11 thru 13 shall be
installed-at described in these Special Provisions.
A. Within two (2) hours after each street has been over�,ayed, 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 shown in the Standard Plans A20-A, 8,
C. Bid Item 14.
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 incomplete.
B. Seven days following the overlay of each street, the contractor shall
be responsible for installing permanent centerlines, two-way barrier,
two-way left turn, bike lanes, left turn, 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 Items 11 - 13.
SPECIAL PROVISIONS PAGE 9 OF 10
SPECIAL PROVISIONS (Continued)
LIQUIDATED DAMAGES FOR TRAFFIC STRIPING (CONTINUED)
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 co_ztractor's
assigned, successors, and sureties shall be liable to the City for any
excess.
13. PRECONSTRUCTION MEETINGS:
A preconstruction meeting will be scheduled prior to beginning of
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 day-ime 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.
It is a violation of this chapter to engage in any grading, street
construction or underground utility work within seven hundred fifty
feet (7501) of a residential area on Saturdays, Sundays, Holidays, and
during the nighttime period except as provided in Section 10.48.030.
Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime standards
of Section 10.48.040.
15. PAYMENT:
Payment shall be made on only those streets the City has approved and
for the approved amounts. No other compensation will be allowed. A
payment schedule is available in the Public Works Department.
Change order will not be considered or accepted after the project has
been accepted by the City Council.
SPECIAL PROVISIONS PAGE 10 OF 10
D. TECHNICAL PROVISIONS
ASPHALT CONCRETE
SECTION 100
DESCRIPTION:
This work entails resurfacing of roadway pavement with asphalt
concrete and shall consist of furnishing, spreading, and compacting
plant mix asphalt concrete, including paint binder (tack coat) , to the
lines and grades shown on the plans or as dir-cted by the Engineer,
all as specified in these specifications and the Special Provisions.
This item shall conform to Section 39, "Asphalt Concrete" of the
St<ndard Specifications, insofar as they are applicable.
MATERIAL•
All dense graded asphalt concrete shall be Type 8 with aggregate
grading of ore-half inch (1/2") maximum, medium, conforming to Section
39 "Asphalt Concrete", of the Standard Specifications.
Paving asphalt to be mixed with aggregate shall be steam-refined
asphalt viscosity grads AT-4000 conforming to Section 92, "Asphalts,"
of the Standard Specifications. The exact amount of asphalt binder
shall be as directed by the Engineer.
Paint binder shall be asphaltic emulsion RS-1 conforming to Section
94, "Asphaltic Emulsions," of the Standard Specifications.
PAVEMENT PREPARATION:
The surface of the pavement to receive asphalt concrete shall be swept
clean of all soil, vegetation and debris and with a self-propelled
street broom machine immediately prior to placement of paint binder.
Raised pavement market (buttons) and other material which interferes
with the resurfacing of pavement with asphalt concrete shall be
removed.
TECHNICAL PROVISIONS PAGE 1 OF 8
D. TECHNICAL PROVISIONS (Continued)
ASPHALT CONCRETE SECTION 100
PAINT BINDER•
Paint binder shall be furnished and applied to all vertical surfaces
of existing pavement, curbs, gutters, and construction joints in the
surfacing against which additional material is to be placed, to a
pavement to be resurfaced, and to other surfaces designated by the
Engineer. Paint binder shall not be applied to pavement surfaces
conditioned by Heater-Remix operations.
Paint binder shall be applied in one (1) application at a rate of from
0.05 to 0.10 gallon per square yard of surface covered. The exact
rate of application will be determined by the Engineer.
Immediately in advance of placing asphalt concrete, additional paint
binder shall be applied as directed by the Engineer to areas where the
paint binder has been damaged, and loose or extraneous material shall
be removed, and no additional compensation will be allowed therefor.
SPREADING AND COMPACTING:
Asphalt concrete shall be placed with asphalt paving machine. Paving
machine shall be self-propelled mechanical spreading and finishing
equipment, provided with a screed or strike-off assembly. Truck drawn
portable asphalt spreader may be used in certain areas inaccessible to
the paving machine providing prior approval is granted by the
engineer.
Spreading and compacting equipment shall conform to Section 39-5 of
the Standard Specifications unless otherwise specified in the Special
Provisions.
Spreading and compacting shall conform to Section 39-6 of the Standard
Specifications unless otherwise specified in the Special Provisions.
MEASUREMENT AND PAYMENT:
Section 29-8, "Measurement and Payment , " of the Standard
Specifications shall not be applicable. Measurement and payment for
asphalt concrete shall be per ton in place. Contractor shall furnish
Engineer one (1) copy of the official weight tag from the asphalt
plant with each load of asphalt concrete when material is delivered to
the job site.
TECHNICAL PROVISIONS PAGE 2 of 8
D. T.ECHNICAL PROVISIONS
FOG SEAL
SECTION 101
DESCRIPTION•
This work shall consist of furnishing and applying a seal coat of
bituminous binder without screenings as specified in these
specifications.
MATERIAL•*
Seal coat type shall be Fog Seal conforming to Section 37-1, "Seal
Coats," of the Standard Specifications. Bituminous shall be SS-1 or
approved equal diluted with water as directed by the Engineer.
APPLICATION•
1. Application shall be 0.05 to 0.10 gallons per square yard of
surface to be treated, unless otherwise indicated in the Special
Provisions.
2. In no case shall a fog seal be applied when the atmospheric
temperature is below 40 degrees Fahrenheit.
MEASUREMENT & PAYMENT:
Measurement and payment for fog seal shall be per square foot of
applied surface area unless otherwise specified and shall include full
compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in applying fog
seal coat, complete in place, including preparation of the surface,
furnishing and applying the asphaltic emulsion, and furnishing and
mixing water with asphaltic emulsion.
TECHNICAL PROVISIONS PAGE 3 OF 8
D. TECHNICAL PROVISIONS
SECTION 103
ADJUSTING EXISTING FACILITIES TO GRADE
DESCRIPTION:
This work shall consist of raising, setting or installation of
existing or proposed highway facilities such as manholes, valve boxes,
flushing inlets, and monument boxes to the finish grade of the
resurfaced pavement.
CONSTRUCTION METHOD:
Construction shall conform to Section 15-2.05A of the Standard
Specifications except that raising devices (iron or steel adjustment
ring) may not be used to raise manholes to grade.
Raising of manholes to finish grade shall be performed after pavement
resurfacing unless otherwise specified in the Special Provisions.
The Contractor shall properly locate and tie all existing highway
facilities to be raised in advance of paving operations.
The Contractor shall install a Phoenix #P2001A or approved equal over
existing brass tack in concrete monuments or around non-standard
square monument covers and frames. These monuments are at the
existing grade, therefore the new casting must be placed in the
existing surface. To achieve this without disrupting the monument's
location the contractor must first core drill a 4" dia. hole around
the outside of the monument to a depth of 6". After the finish paving
has been done the contractor shall remove the asphalt and excavate
around the monument to a depth of 7 1/4" and a diameter of 13".
Without disturbing the horizontal axis of the monument the contractor
shall break away the concrete outside the 4" core area. The casting
shall be placed in concrete and the surface will be patched to match
the new Unish grade of the resurfaced pavement. The monument lid may
need modifications to fit properly.
PG&E and PT&T manholes shall be raised by others. Contractor shall
pave over each of these manholes except for a five (5) inch diameter
plug left out of the center of each manhold in order to locate the
manhole.
MEASUREMENT & PAYMENT
Raising or installation of existing highway facilities to finish grade
shall be measured and paid for each unit designated in the contract
bid schedule. Quantities will be Jetermined from actual count.
The contract price and payment for each unit shall include full
compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all the work involved in raising,
setting or installing the unit item complete in place, as shown on the
plans, and as specified in these specifications and the special
provisions, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 4 OF 8
TECHNICAL PROVISIONS
SECTION 104
WEDGE CUT
DESCRIPTION:
This work consists of removing a triangular wedge of pavement
approximately:
1) One and one-fourth inch (1 1/4") deep by six feet (6' ) wide,
along the lip of gutter, or where specified (longitudinal) and
2) One and one-half inch (1 1/20) deep by fifteen feet (151 ) across
street (transverse)
CONSTRUCTION METHODS
Longitudinal Wedge Cut:
The asphalt paving to be ground shall fore► a wedgeshape by
mechanical means, being ground to a depth of one and one-fourth
(1 1/4") below the lip of gutter, or where marked and tapering to
a point six feet (6') away from the lip of gutter, or where
marked, to where no grinding shall occur.
The grinding operation shall proceed straight through all side
street entrances along the street to be overlayed unless
otherwise shown. The grinding operator shall take care not to
cut traffic signal detector loops or leads wherever possible.
Transverse Wedge Cut:
Transversely, across the travel lanes and intersecting streets,
the asphalt paving to be ground shall form a wedge shape by
mechanical means, being ground to a depth of one and one-half
inches (1 1/2") at the overlay conform points and tapering to a
point fifteen feet (15') away within the overlay area where no
grinding shall occur. The contractor shall place cutback at the
wedge cut to provide for temporary transition.
The Contract_ shall be responsible for the sweeping, removal,
and disposal of all residue resulting from the operation and no
extra compensation shall be allowed.
The streets shall be repaved within five (51 working days
after the pavement grinding operation. Pavement grinding shall
conform to Section 42-2 of the State of California Standard
Specifications. --
Wedge cut shall be performed with a cold planner (grinder)
equipment unless otherwise specified in the Special Provisions.
Contractor shall exercise care to insure that the adjacent lip of
gutter is not damaged during the wedge cutting operation.
Limits of wedge cut shall be determined by the Engineer in the
field.
TECHNICAL PROVISIONS PAGE 5 of 8
D. TECHNICAL PROVISIONS (continued)
SECTION 104
WEDGE CUT
MEASUREMENT AND PAYMENT
Measurement and payment for wedge cut shall be by lineal foot or
pavement wedge cut to the dimension specified. 'Unit price and payment
shall include full compensation for furnishing all labor, material,
equipment, tools, and incidentals, and for doing all work involved in
completing the wedge cut as shown on the plans, and as specified in
these specifications, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 6 OF 8
D. TECHNICAL PROVISIONS
SECTION 105
REPAIR OF FAILED PAVEMENT
1. DESCRIPTION•
This work shall consist of removing designated areas of pavement to
the depth specified and reconstructing the removed areas with new
asphalt pavement. Asphalt pavement replaced shali consist of
compacting the base material, furnishing and placing asphalt concrete
to the elevation of the original wearing surface. Patches vary in
size, look at samples on streets listed in specifications.
2. MATERIALS•
Bituminous materials; asphalt concrete shall be type B and conform t.l
Section 39 of the State Specifications. For repairs of four inch (4")
or six inch (6") use one-half (1/2") maximum size aggregate. Asphalt
emulsion used as paint binder shall conform to Section 94 of the State
Specifications. Asphalt prime coat shall be an RL-1 emulsified
asphalt.
3. CONSTRUCTION METHODS:
A. All pavement cuts shall be straight and vertical and leave a
competent edge. A concrete saw, pavement cutter, jack hammer or
other approved equipment shall be used to make all pavement cuts.
If a City survey monument is located in or near a patch do not
disturb its location during construction. If a monument is
disturbed the Contractor will responsible for re-establishing it
as a monument.
B. The exposed base material shall be compacted as required by the
City Inspector.
C. Paint binder shall be applied to all vertical pavement edges.
D. RS-1 shall be applied as a prime coat to the base material at the
rate of 0.2 Gal./Sq. Yd.
E. The specified thickness of replacement asphalt concrete is to be
placed in two (2) lifts if thicker than 0.2 feet. Both lifts
shall be spread and compacted in conformance with Section 39 of
the Standard Specifications. The final course shall be placed so
as to restore the original designed cross-sectional geometry of
the road. when feathering and conforming edges, excess material,
particularly the larger size aggregate, shall be removed from the
job, not rolled into the fresh mat.
TECHNICAL PROVISIONS PAGE 7 OF 8
r
D. TECHNICAL PROVISIONS (Continued)
SECTION 106
REPAIR OF FAILED PAVEMENT
CONSTRUCTION METHODS tcontinuedf
A repair may be left low by a max. of 1" overnight (not over the
weekend) . However, if directed by the City Inspector feathering of
the repair edge maybe required before a patch may be left low
overnight.
Final lift shall be placed by paving machine or other methods as
approved by the City Engineer.
4. METHOD OF PAYMENT:
Contract price per square foot for removal of failed areas of pavement
to the specified depth and replacing with asphalt concrete to full
depth shall include full compensation for furnishing and placing all
material complete in place including the application of the prime
coats and paint binder.
TECHNICAL PROVISIONS PAGE 8 OF 8
I 48 I 48�
O O O O O O O O O O O 0 u O O O ® 3u
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
!
I6' 16'
DETAIL 231 C
48 96
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3to
O O ® O O O
6 llel
6I 18' 1 12 I 18 101- 12 t
I
O 0 0 0 0 0 0 O 3,
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
DETAIL 33C
LEGEND
O TWO—WAY YELLOW REFLECTIVE MARKER
O NON— REFLECTIVE YELLOW MARKER
CITY OF CUPERTINO APPROVED BY : ATE : 2—26
STANDARD DETAILS o v I N
1
n
ID
2
m � 1 200°
�v VEH
on
8 4' ®°
u
T 6
Pd ® , BIKE �# LIMIT LINE
min.
6°or varies
V m t E'O.C.
0
o
m
z TYPICAL BIKE LANE AT INTERSECTION'
n r
a
200°
100 1
4 �•
VEH
� 6n
BIKEvaries LIMIT LINE
_�,5'min.
� 6 or varies F.O.C.
to I
v WIDENE® BIKE LANE AT INTERSECTION
HAY 1991
PROPOSED UST OF SRZEECS F`OR PAVEMENT RE5IURAT[ON
QUAivM Y DATE
STREET FmM TO 1SF. COMPLETE
BANDLEY VALLEY GREEN ALVES 2735.0
BARNHAFT PL j'AMES'MWN ASTER 291.0
IGLENV[EW AVE LA MAR OAKVEUE 15.0
HILLER. AVE CALLE DE BARCELONA Z PHIL 466.8
MILLlJR AVE Pill BOLLINGER 718.6
PARK C[RCLE ALVES ALVES 1463.5
PRIUNERIDGE AVE WOLF'E RD CITY LIMITS 709.0 ,
SIT IMG ED. SMVENS CRK MCCIJEILAN 1286.3
SIEUJNG RD. HWY 280 150' N. GREENiEAF 1946.0
TANTAU AVE PHIL BOU14GER 259.2
VALLEY GREEN SIELLING DE ANZA _ 1054.9
,WN DR AREA INIANN DR AREA 2100.0
0 T A L
_ OVERLAY M) FJ-T 91-10 4_ ----- - - - - r- -- _ ---- r--- --- - � _
(LONG) (am)
31REEf FROM /TO Lmill Po'Orffl �IMCINESS ASPHALT F'ABPdC WEDGE aN PLEDGE CI f fWEAL. MANHOIE BOX
INCH TON SF IF LF SF _ EAQL EACH
ti'LE[IING 1�. SIEV m CRK McC1 qgI _ 2700 57 0.17 1, 962.2 153, 900 5, 400 175 �-22_ _'1-1
STEUIN[; RD. 150' R OF GREENIFAF 280 1 100 40 0.17 561 44 000 2200 80 8 I�
ADWA ACE %M QDRNER 160 26 1 0.10 31.2 320 80 , 160 -2�
hikNN DR ADRLANA / PHAELIP 2735 38 0.10 779.5 5 470 100 _ 103, 930 18 2
OAhtiTEW LTl MANN END 470 _:10 0.10 105.8 940 0 _I 4 100 _ 1
BIANEY AVE RODRIGUES STEVENS CRK 131, 963 40 0.10 _ 288.9 1 926 _ 200 _ 6 5
MUIER AVE BOLIINGER PHL _ 2095 66 0.20 2, 074.1_ _ 4 190 100 18 2
MUTER AVE R CAME DE BARCELONA PHLL 585 66 0.20 579.2 1 170 100 _ 6 3
BANDLEY AVE. VALLEY GREEN ALVES _ 2622 36 0.20 1, 415.9 94 392 5 244 200 19 14
iPARK CME ALVES ALVES 975 36 0.17 447.5 35, 100__ 1 950 200 35 100 2 2
GARDENVLEPL DN MANN END 480 30 0.10 108.0 960 0 14, 400 1
MONTE CT. MANN END 420 30 0.10 94.5 _ 840 _ 0 _12 600 1
WOODBURY DR MANN / PHARIAP 870 { 30 _ 0.10 195.8 1 740 80 26, 100 2
O)RTE MADERA LN MANN END �570 30 0.10 128.3 1 140 0 _ 17 100 2
MEADQWVIEW IN. MANN / END _ 295 30 0.10 66.4 590 0 8, 850 2 1
DOS PALOS Cr. MANN / END 150 30 0.10 33.8 _ 300 0 4,500 1
8, 87?.8 327, 392.0 34, 380.0 1, 315.0 240, 840.0 111.0 41.0
A N N U A L O V E R L A Y
PROJECT 91-104
REVIEWED BY; APPROVED BY:
- d
Travice Whitten rt J. V skovich
Deputy Director of Public Works ;irector f Public Works
SIGNATURE PAGE 1 OF 1
A N p
m
0
N
u
n P O o 0 0 0 N O11111
O O g 0
N
Y
a
v o o N o o • N a tl o 0 0 0 0 0
^• m vl
N
u
0
n o o Q o 0 0 0 0 0 o e
IT -1~mi
A �
m
n N a o o Q o N o 0 o Q o 0 0 0
0
u
n
ry o o Q o 0 o Q o 0 0 0 0 0 0 0
o Q
A
o n{. o
W
0
.ne 0 0 0 0 0 O O b 0 0 0 0 0 0
N
N N
61
A
O
H O IT
T
O O b 0 0 0 0 0 0
0 0
W
n
ry O O O O N 0 0 0 0 0 0 0 0
N N G
n
y} O O O O N O O O O O O O
H m O
8 V O O O I.I., O OTITIT ry
A gNy
IT
U M
N
i
p 0 0 TI.I.I.
n
l
0 0 0 0 • 1-17
0 F
c o 0 0
Z O T
n O b tl O O O h O O O O n ry O O O O O O C O n
O �
h
m
N O 0 0 0 0 ON 0 0 0 0 0 0 0 0 y N 0 0 0 0 0 O O O O O e 0 0 V
O
y m O
f1 O
r
TIT
0 N O O N O O O O p O O T
� � N
Yy
Q
O ry
ry
8
ry U O N 0 0 0 N O O O O O Q O h p �n O TIT
ry 0 0 0 0 0 0 0
Yo m N •V .+ ID n m
Q b
N O b 0 0 0 0 0 0 0 0 0 0 0 0 0 4 N TIT
O O O Q O O O O n
N N O
y N N N
• m
O• 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 gl M O O b Y O O O :9 O O O O O N
O O K
N A T q
1 s rl •m
v ,7
N
ym
r O1 $
s
e
4�
a C I T Y O F C U P E R T I N 0
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
SPECIFICATIONS FOR
ANNUAL OVERLAY
PROJECT 91-104
TUESDAY
MAY 28, 1991
2:00 P.M.
Bert J. Viskovich
Director of Public Works
City Hall -
10300 Torre Avenue
Cupertino, California
95014
Pile: 98,493.41
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
1. Notice to Contractors
2. Proposal
B. GENERAL PROVISIONS
1. Adoption of Standard Specifications
2. Headings 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
5. Notification of Residents
6. Inspection and Inspection Costs
7. Public Convenience and Safety
8. Quantities
9. Explanation of Bid Items
10. Time of Completion/Liquidated Damages
11. Water
12. Liquidated Damages for Traffic Striping
13. Preconstruction Meetings
14. Noise Control
15 Payment
D. TECHNICAL PROVISIONS
1. Section 100: Asphalt Concrete
2. Section 101: Fog Seal
3. Section 1031 Adjusting Existing Facilities to Grade
4. Section 104: Wedge Cut
5. Section 105: Repair of Failed Pavement
E. SIGNATURE SHEET
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
ANNUAL OVERLAY, PROJECT 91-104
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, ANNUAL OVERLAY, PROJECT
91-104
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. 1991 .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 (30) days of receipt, at which time the Council will review and act
upon the bids submitted. Award, if any, will be to the lowest responsible
bidder.
Payment will be made in cash by said City upon submission by the Contractor
and approval by the Engineer of a progress billing which reflects the value
of the work completed. The progress payments made as work progresses will
be payments on account and will not be considered as an acceptance of any
part of the materials or workmanship required by the Contract. Pursuant to
Section 4590 of the California Government Code, the Contractor will be
permitted, at its request and sole expense, to substitute securities for
any moneys withheld by the City to ensure performance under the contract.
Said securities will be deposited either with the City or with a state or
federally chartered bank as escrow agent. Securities eligible for this
substitution are those listed in Section 16430 of the California Government
Code or bank or savings 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 lose 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 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 5 for full directions
as to bidding.
Plans, Specifications and contract Documents may be reviewed and copies of
same may be obtained at Lhe office of the City Engineer, City Hall,
Cupertino, California, upon deposit therefor of $5.00 ger 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: gy �C1 t
-d--City Clerk
Publish:
May 25, 199.1
May 22, 1991
BID PROPOSAL
ANNUAL OVERLAY
PROJECT 91-104
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the Annual
Overlay Project in the City of Cupertino, Project 91-104 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 the 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 Annual Overlay
Project 91-104 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.
1. Within two (2) hours after eacia street has been overlayed, 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 14.
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
incomplete.
PROPOSAL PAGE 1 OF 8
BID PROPOSAL (Continued)
2. Seven days following the overlay of each street, I shall be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn, 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 plane. Bid Items 11 - 13.
Each day the Contra-zt,_,r 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 an 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.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED OUAMTITI S R
The bid prices for this project shall be as outlined below:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 13,045 S.F. Pavement Restoration (6") $ -/S.F. $
So .�
2. 8,872 Ton Asphalt Concrete Pavement $ 3� /:on $ ,3 93&
3. 240,840 S.F. Fog Seal $ 03 _/S.F. $ 7aa5 zo
1
4. 34,380 L.F. Wedge Cut (Longitudinal) $ /� /L.F. $
So
5. 1,315 L.F. Wedge Cut (Transverse) $ 'G _. L.F. $
6. 111 EA. Adjust Manhole to Grade $ o?�'J v _JEA. $ C27750�
7. 41 EA. Adjust Box to Grade $ �OC� / /EA. $ &.200�
Oi 3�
S. 327,392 S.F. Pavement Fabric �_�_/S.F. $ .2L 5 f
9. Remove Traffic Striping
2!i t
4,900 L.F. State Detail 10 $ /L.P. $ iaa5
2g
4,550 L.F. State Detail 13 S a /L.F. $ //3 7 50
6,370 L.F. City Detail 23C S �� /L.P. $ 01&
5v
2,245 L.F. City Detail 33C $ U /L.F. $ /Joao? Sd
BID PROPOSAL PAGE 2 OF 8
BID PROPOSAL CONTINUED:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
9. Remove Traffic Striping (Continued) :
300 L.F. State Detail 37 $ ( /L.F. $ o a
i
2,040 L.F. State Detail 38 S /L.F. $ oaO d0
10. 27 EA. Remove Blue Pavement Markers $ / /EA. $ 02 7
11. Install Traffic Striping
17 LS
1,045 L.F. 4" White $ D /L.F. $
1,067 L.F. 12" White $ Z /L.F. $
4,900 L.F. State Detail 10 $ D /L.F. $
4,550 L.F. State Detail 13 $ D 2 s- /L.F. $
Z� 7S
1,075 L.F. State Detail 21 $ U /L.F.
17
5,000 L.F. State Detail 25 $ /L.F. $ 2T$y
3� LC-12,040 L.F. State Detail 38 $ /L.F. a 7 7S
i SS 20
11,990 L.F. City Detail 39AC $ U /L.F. $
6,370 L.F. City Detail 23C $ D /L•F•
2,245 L.F. City Detail 33C $ 2D /L.F. $ ,?6 9 /
Ld
300 L.F. State Detail 37 $ r) /L.F. $ ISO _
12. 85 EA. Install Painted Traffic
Legends $ O /EA. $ S/DO
13. 27 EA. Install Blue Pavement Markers $ G /EA. $ / a
14. 1 L.S. Traffic Striping Layout $ D DOD /L.S.
15. 8 Tons A.C. Skin Patch $ .2CW--) TON $
TOTAL BID $
Sf +1 16+ 1Z�'
BID PROPOSAL PAGE 3 OF 8
m
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 rid 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
r
amount of $ /UA, _, 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
hie 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? 3l
(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
(3) Contractor's License No. 0201GS L
State of California, Cl ss' fication
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
T
BID PROPOSAL PAGE s OF 8
A. BID DOCUMENTS, Continued
Name of Proposed Sub-Contractors, if any
(Section 4104, Government Code)
1.
3. ��c�� G i►
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1. CAS4D 5
2. sc n J0 5e
3.
4.
5.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1. LtiC'�Gc Gu _
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:
Co-Partnership_
Corporation
Joint Venture
Other
(Describe)
Name and Signature of Bidder:
(Print)
(Sig ure)
Address (Both mailing and location addresses) :
✓'yl. l� 9 yo y 3
Telephone Number:
Date: a
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 Calif rni ss.
County of
e*/& being first,d y wor depos s
and says that he or she is L)P of
the party making the foregoing bid that the bid is not made in C3the
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:
(Print)
(Sign ure)
Date: 9
� G_
BID PROPOSAL PAGE 8 OF 8
'Certified Cc"
No. "i Q 4 3 7 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW!JERMSEMM 9433
POWER OF ATTORNEY
KNOW ALL MEN 13Y THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made,. constituted and appointed and by these presents does make,constitute and appoint Carolyn Kelley or
Fred J. DeGrosz or James B. Shea
of Palo Alto, California
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as follows: Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927. with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE ViI,SECTION 1
"Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto.
Insurance policies,bonds.reccgnizances,stipulations,consents of surety and underwriting undertakings of the Company.and releases.agreements and other
writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board,the President,a Vice-President or Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident
Secretary or a Resident Assistant Secretary;or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the
Presideni or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative"
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ...
day of _ - . .November- __ . .__ , 19._8.8
Attest: SEABOARD SURETY COMPA Y,
1927
(Seal)�,,,�/►t.Q l.l. 4� By
rxt� Assistant Secret
— ry Vice-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this 3O.th . day of _November _ _ . 19 88 , before me personally appeared
Michael. B. Keegan . , _ _ _ _ a Vice-President of SEABOARD SURETY COMPANY,
with whore i am personally acquainted, who. being by me duly sworn, said that he resides in the State of .N.ew Jersey ;
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrument,that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-P sident of
said Company by like authority. FELICE M. CATALANO _
NOTARY PUBLIC OF NEUJ IER`;EY
(Seal) My Commission Exp. June a, 1t,91
Notary Public
C E R T I F I C A T E
1.the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the ongirut(Power of Attorney of which the foregoing is
atoll If and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-tact as provided in Article VII.Section 1,of the By-Laws of
SEABOARD SURETY COMPANY
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970
'RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII,Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved"
IN WITNESS WHER5R hl have hereunto set n2y hand and affixed the corporate seal of the Company to these presents this
Q�soerr�c _ day of - y 19 .91- ..1 z * 1g
1927 tangy
Assistant Secretary
w�4`1 Form 957(Rev 764)
For verification of Itte aoilientiruy i,l tlii5 Power of Attorney you;,,n iv i'it11 rollcar.t,201-658 3500 and ask for the PC,wor of Attorney clwi Please refer to the Power
of Attorney numher,1110 above named in(jiv,dualls)and details,if the bond to which+ht�rower In Nlo+% York,Dial 212-627-5444
B. GENERAL PROVISIONS
ADOPtI�d OF STAAIDAI�D SPEIG'IFICATI�+?.S
By this reference, the Standard Specifications of the State of
California, Department of Transportation dated January, 1988 (herein
referred to as "Standard Specif ications") is it K=porated and opted
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. DEFINITIONS:
The definitions and terms outlined in Section 1 of the State Standard
Specifications shall apply with the following modifications:
1-1.13: "Department" means the City of Cupertino (hereinafter
referred to as "City")
1-1.15: "Director" means the Director of Public Works/City Engineer,
City of Cupertino, (hereinafter referred to as "Engineer")
1-1.18: "Engineer" means the Director Of Public Works/City Engineer,
City of Cupertino, or appointed agent(s) (hereinafter
referred to as "Engineer") .
1-1.25: "Laboratory" means the City's approved testing laboratory.
1-1.32: "Proposal Farm" 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. PROSE)CPIZON AND PROGRESS OF THE Wit.
A. NOISE OONIpOL•
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 'ndividual device produces a noise level more than eighty-nine
(89) dBA at a distance of twenty-five (25) feet f said device.
2. A noise level on any nearby property does not exceed seventy (70)
dBA.
GENERAL PF4vISICNS PAGE 1 of 14
NOISE L (Continued) :
It is a violation of this chapter to engage in any grading, street
construction or underground utility wank 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 exoeption. 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.
R, PAS OF TIdE W—M:
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 aaretinuously prosecute
the same to coupletion within the unm*.r of working or calender days
as sh*m in the Special Provisions.
C. RECORD DRAWINGS:
The contractor, upon completion of this project, shall furnish and
submit a set of accurate "Reocrd Drawing" plans to the Department of
Public Works. Five (5) sets of "Electrical Schematics" of the traffic
signal cabinet and service equipment enclosure shall be provided by
the contractor on projects where traffic signals are ocnstruc,ed 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. RICE 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 experises
for additional area required outside of the limits of right of way-
E. SUSPENSION OF TIDE CONTRACT:
If, at any time, the City determines that the Contractor hav, 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 fly with any of the terms of the State Public
Contract Code, written notice to correct any such &Aiciencies shall
be served to the contractor. Should the contractor neglect or refuse
to provide means for a satisfactory eoplianoe, with the contract as
directed by the engineer, within the time specified in such notice,
the City shall have the pacer to suspend the operation of the
contractor.
GENlE IML PROVXSICHS PAGE 2 OF 14
E. 9MENSION OF CONTRACT (CahtiUued) :
Upon receiving notice of such suspension, the contractor shall
disoantimue said wank, or such parts of it as the City may designate.
Upon stxh lion, the contractor's control shall terminate, and
thereupon the City of its duly authorized representative may take
pos ion 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. 7 he 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 ocupleticn 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
contra%•z 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 teere
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 aimoauht of money so forfeited toward any e-Nmss 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 oantractc;r 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 COr'iPIlrTION A14D LIQUIDATED OAP •
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 eoupleted
within the number of days as set forth in the Special Provisions,
daz,-- a will be sustained by the City. It is father agreed that it is
and will be impracticable and extremely difficult to ascertain and
deteYm"s the actual damage which the City will sustain in the event
of or by reason of such delay. It is therefore agreed that the
can -actor will pay to the City, the sum set forth in the Special
Provisions, per day for eadu 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 therein provided for, and further
agrees that the City may deduct the amount thereof from any me-hies due
or that may became due to the contractor under the contract.
GENERAL, PROVISIONS PAGE 3 OF 14
F. TIME OF g22!LMQN AND IJQZDATA DAMUM1C7C�tYtintt�)
It is further agreed that in case the work called for under the
contract is not f inLsb d and ocMleted in all parts and requirements
within the number of clays specified, the engineer shall have the right
to incase the number of days or not, as may be deed 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
east 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 cx�st 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 time cast of engineering and
inspection for any portion of the delay in ccupletion of the work
beyond the time named in the Special Provisions for the ion of
the work caused by acts of God or of the public enemy, fire, f hods,
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. Mie 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. Rwther 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 oaRpensated 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 prooessed, 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 far 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 reascn 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 —n-ensurate with the delay in completion of the
wcrk thus caused will be granted and the cm*=ctcr shall be relieved
frcm any claim for liquidated damages or engineering and inspection
charges or other penalties for the period covered by such extension of
time.
GENERAL PROVISIMS PAGE 4 OF 14
91-016 ANNUAL OVERLAY 3 of 3
PROJ. 91-104
F. 'I'IM8 OF OOMpLETION AND L99JUD&M QAWGES (Oontin-ed)
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 coegessation provided for in Section 8-1..09 of
the State Standard Specifications ("Right of Way Flays") , and except
as provided in Public Contract Code Section 7102, the contractor shall
have no claim for damage or cxupensaticn for any delay or hindrance.
It is t xe intention of the above provisions; that the contractor shall
not be relieved off liability for liquidated damages or engineering and
inspection charges for any period of delay in coWletion of the work
in excess of that expressly provided for in this section. (See State
Standard Specifications Section 8-1.07.)
5. CONTROL OF THE WORK
A. AUIMRITY ID ,DEVIATE FFM THE APPF40VED PLANS:
In addition to t`.le provisions of Section 5-1.03 of the State Standard
Specifications, ieviations from the approved plans or specifications
for the project .must be authorized in writing by the engineer.
B. DUST C)ONIRC L:
The contractor shall, at all times during construction and until final
completion and acceptance, prevent the formation of an air-bonne
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 inanediate 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 a c-borne dust
m isanoe 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 equip uexnt or by
others, and all expenses ux=red in the performance of this work
shall be charged to the contractor and paid for by the contractor.
C. INSPEC'i'ION•
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 dome by the contractor shall be acamplished bebmen the
hours of 8:00 A.M. and 5:00 P.M., MonJay through Friday, or as
specified in the Special Provisions, unless authorized in writing by
the engineer.
GENERAL PRDVISIONS PAGE 5 OF 14
C.INSPEL°rION (Continuedj :
Whenever the contractor varies the period within the authorized haws
during which work is carried on each day, the contractor shall give
due notice to the engineer, so that props' inspection may be
provided. Any work done in the absence of the ergineer 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 ($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. A'EONt1MATION°
The contractor shall properly guard, protect and preserve all street
and W ghway monuments, all property corner and property line marnnments
and all U.S.C. & G.S. mornm xrts 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 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 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 charge. No materials shall be used
until it has been approved by the Engineer. Additional samples may be
secured and tested whenever necessary to determine quality of
materials.
All tests of the materials furnished by the contractor shall be made
in accordance with commonly recognized standards of national
organizations, and such special methods and tests as are prescribed in
the Special Provisions.
F. ITi'I.LITIES•
It is the contractor's responsibility to verify the location of all
existing utilities. The contractor shall have all of the utilities,
utxierground mains, and services that may conflict with the project
field located. The eontractor shall contact miderground Service Alert
(USA) forty-eight (48) hours in advance of any work at (800) 642-2444.
GENERALS PRWISICNS PAGE 6 OF 14
F. LTrILIMES (Continued)
Dine caution shall be exercised to insure that trd irrigation
systems, electrical systems, aril 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. Doge to such
utilities and underground facilities shall be rgxired at ttb
contractor's expense.
G. WATER FOR OONSI7►tUC CN:
Water used in any way for the construction of the project shall be
im;x ad by the contractor and shall be non-potable %aater in tanks
clearly marked as such unless specific authorization to deviate has
been granted by the engineer. Tf authorized by the engineer, the
cxntractor may extract cat truction water froaa fire hyd%arYts 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. LEGAL RELATIONS AND RE'4ONSIBn y ES TO UM M3LIC:
A. CONPRFCMR'S PA�1FTTrS
Upon request by the City, the contractor shall submit reasonable
evidence that all payrolls, materials, bills and other inch
meted 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 oontractor agrees to
pay the City all monies that the City may be coag3elled to pay in
discharging such lien, including all costs and a reasonable attorney's
fep.
B. INSURANCE - PUBLIC LABILM AND PROPER!1'Y LLAMA M:
Prior to enta-ring into the contract respecting this project, the
bidder to Micm 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
offioars and it's. a ployees 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
aantract 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 cmitractar in the
performance of the contract. 14a policy shall not contain the
so-called °}Cn eeCn nU° exclusions.
GENERAL PROVISICKS PAGE 7 OF 14
MIN
B. INS-EMANCE-PSUIBLSC LIABILITY AND MPERTY DAMAGE (C10d'ttirwed)
The minimum limits of liability for this irmwance shall be as
indicated in (a) and (b) as follows:
Each Person Each Occurrence gate
(a) Bodily Injury Liability $500,000.00 $1,000,000.00
Property Damage Liability $ 250,000.00 $500,000.00
(b) A single limit for Bodily
Injury Liability and Property
Damage Liability Combined of $ 500,000.00 $500,000.00
Insurance coverage in the m,,Luramn 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 E-7-ch 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 abov°sentioned types
for which the City might be held liable on account of the contractor's
failure to pay such damages, and deduct and retain the amount of the
premiums from any sums due the contractor under the contract.
Nothing in the contract is intended to create the public or any member
thereof a third party beneficiary hereunder, nor is any term and
condition or other provision of the contract intended to establish a
standard of care owed to the public or any member thereof. (See
Standard Specifications Section 7-1.12.) .
C. LABOR WNDISCRIIMINATION:
Attention is directed to the provisions of Section 7-1.01A(4) of the
State Standard Specifications, which apply. In addition, the
contractor shall comply with the recomm�ended minority and female
employment practices of the Office of Federal Contract Compliance of
the United States Department of Labor as established for Santa Clara
County.
D. RESPONSIBILITY FOR LIAM CM:
The City of Cupertino, the City Council, the engineer or the engineer's
agents shall not be answerable or able in any manner for any
loss or damage that may happen to the wont, or any part thereof, any
material or equip cent 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 ding the
progress of the work or at any time before final acceptance.
GENERAL PROWSICNS PAGE 8 OF 14
D ISIBIIJTY FOR DAMES (Owtirtued)
e
The contractor shall be responsible for any liability imposed by any
law and for injuries to or oath of any person including but not
limited to workers and the public, or damage to property resulting from
defects or obstructions or from any cause whatsoever during the
progress of the work or at any time before its completion and final
ao►*ptance.
the contractor shall indemnify and save harmless the City and all
officers and employees thereof fret 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 arld all rights to any type of express or implied
indemnity against the City, its officers or employees.
It is the intent of the parties that the contractor will indemnify and
hold harmless the City, its officers and employees from any and all
claims, suits or actions as set forth above regardless of the existence
or degree of fault or negligence on the part of the City, the
contractor, the subcontractor or employee of any of these, other than
the active negligence of the City, its officers and employees.
In addition to any remedy authorized by law, so much of the money due
the contractor under and by virtue of the contract as shall be
considered necessary by the City may be retained by the City until
disposition has been made of such suits or claims for damages as
aforesaid. The retention of money clue the contractor shall be subject
to the following:
I. The City will give the contractor thirty (30) days notice of its
intention to retain funds from any partial payment which may
bode 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 a weed the wwu nt being
withheld from partial payments pursuant to Sectior 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.
GENERAL, PRDVISICNS PAGE 9 OF 14
D.HES024SIBILM FOR IMAGE (CaMinuedj=
The City will =nsider 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 arrmgments.
shall be in writing, and approved by the surety an the per cc nce band
and by the surety cin the payment bond.
No funds shall be retained where the contractor establishes, to the
satisfaction of thss 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, farm, and amoutYe as provided in
Section B, paracp.-aph 6b, above ("Insurancs - Public Liability and
Property Damage") . (see state Standard Specifications section 7-1.12.)
E. RESOLUMON OF CONSTRUCTION CLkDIS•
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
(cammencing 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 enacts 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 Cade,
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 ext msion, (2) payment of money or damages arising from work done
by or on behalf of the contractor pursu mt to the contract for a public
work and payment of which is not otherwise expressly provided for or
the claimant is not otherwise entitled to, or (3) an amount the payment
of which is disputed by the City.
For any claim subject to this section, the following requirements
apply:
1. The claim shall be made in writing and shall include the docm-ants
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 she notice requirements otherwise
provided by contract for the filing of claims.
GENERAL PFOnSIONS PAGE 10 OF 14
REMUNION OF C ZUWgEM (mot es
2. (a) F'or claims of less than fifty thousand dollars ($50,000.00) , the
city stall respond in writing to any written claim within forty-five
(45) days cf receipt of the claim, cr_- may request, in writing, within
thirty (30) days of receipt of thre claim, any additional documentation
supporting the claim or relat;rq to defenses or clai 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 aunt
of the City and the claimant.
(c) The City's written response to the claim, as flamer dam,
shall be submitted to the claimant within fifteen (15) days after
receipt of the further dcamentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
1. (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 wriCcen response to the claim, as further dated,
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 settlement of the issues in
dispute. Upon a demand the city shall schedule a meet and confer
conference within thirty (30) days for settlement or the dispute.
S. If following the meet and comer conference the claim or any
Portion remains in dispute, the claimant may file a claim want to
Chapter 1 (cormencing with section 900) and Chapter 2 (oammenncing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Gov+ear7mhent
code. For purPoses r those Provisions, the running of the period of
time within which P -a n must be filed shall be tolled from the time
the claimant submita the written claim pursuant to paragraph 1, above,
until the time the claim is denied, including any period of time
utilized by the vest and confer conference.
GDM?AL PFDvisicNs PAs£ 11 OF 14
E. RESUILnMC2N Or aMSnWMCN Q fCMci kMW)s
The follCWi:rq prooe&zes are established for all civil actions filed to
resolve claims subject to this secti�:
1. Within sixty (60) days, but no earlier than thirty (30) days,
following the filing or wive pleadings, the court shall submit
the matter to nonbinding mediation unless waived by mutual stipulation
of both parties. The mediation crooess shall provide for the selection
within fifteen (15) days by both parties of a disinterested third
person as mediator, shall be c=wxmd within thirty (30) days of the
submittal, and shall be concluded within fifteen (15) days from the
t of the mediation unless a time requumment is extended
upon a good cause showing to the court.
2. (a) If the matter reuains in dispute, the case shall be submitted to
judicial arbitration pursuant to ampter 2.5 (commWing 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 (camencing 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 cozis_istertt with the rules
pertaining tc, judicial arbitration.
(b) In addition to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, (1) arbitrators
shall, when possible, be experienced in construction law, and (2) any
party appealing an arbitration award who does not obtain a more
favorable judgement shall, in addition to payment of costs and fees
under that chapter, also pay the attorney's fees on appeal of }he other
Ply
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 PWPOSAL AND AWMRD Or C NM- ( T•
A. 99 EY'FIdCY Or BIDDERS
All bidders are required to complete the 'Bidder Qualif i.catian Form" as
provided in the proposal. Ircouplete forms or lack of experience in
the field of work being bid may be cause for rejection of the proposal.
B. CQN NCT SIDS:
The oontractor shall furnish two (2) good and sufficient bonds. Each
of the Bonds shall be executed in a sum equal to the contract price.
The first bond shall guarantee the faithful per f-mane of the contract
by the oantractor. The se=-d band shall be furnished as required by
the terms of Sections 3247 to 3252, inclusive, Of the Civil Code Of the
State of California.
GROWAL FFWISIC NS PAGE 12 OF 14
The Labor and materials bond will be released six (6) months after the
Notice of Coupletion, and the Faithful Ferformanoe shall be reduced by
ninety percent (90%) at the Notice of Ompleticn. The remaining ten
percent (10%) will be released at the end of am (1) year from acceptance
of the project provided ary deficiencies in the work have been corrected.
(See State Standard Specifications Section 3-1.02.)
C. EXB=ON OF OdNTRACT•
The successful bidder, as contractor, shall execute the agreement sat
forth in the contract doffs 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 aerard mid forfeiture of the proposal guarantee. No
proposal shall be considered binding upon the City of C;upertino. [See
State Standard Specifications Section 3-1.03.)
D. PAYM 4T•
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 pecording reporting period.
D. PAYMENr (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 Accounting Department. The City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by the
City of 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 Farm,
Sub-Contractors Fenn and Signature Form. Bids containing less than
this or bids containing incoaplete forme will be disa 119,rded.
All proposals shall state the dates for =Wletiorn, if required, the
prices proposed, both in writing and in fi%mes and shall show a total,
and shall be signed by the bidder, with the bidders address. If
proposals are made by an individual, name am post office address shall
be shown.
GENERAL PROVISIMS PAGE 13 OF 14
E. PROPOSAL FURMS (Continued]
if made by a firm or partnership, the names and post off ice adder of
each member of the firm or partnership shall be shown. If made by a
corporation, the proposal shall show the name's, titles and business
ads of the president, secretary and treasurer and the proposal
shall shjw 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 prowl 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 - anied 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 ?.s guarantee that the
bidder, if awarded the contract, will within ter, (10) days after notice
of award, enter into a contract with the City for the work.
G. REJEMON 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. SUSCONTF ACTOF;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 subcantractor licensed by the State of
California who, under to the prime contractor, specially
fabricates and installs a portion of the work or indent according
to detailed drawings contained in the plans and specificaticns, 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 done by
each subcontractor for this project. The prime factor stall list
only one (1) for each portion as is defined by the prime
contractor in the prime oontractor's bid.
GENERAL PRMISICNS PAGE 14 OF 14
IRECI PROiPISION
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 consists of removing designated areas of pavement to the
depth specified and reconstructing the remeved areas with new asphalt
pavement. Asphalt pavement replacement shall consist of compacting
the base material, furnishing and applying paint binder and prime coat
as required and furnishing and placing asphalt concrete to the
elevation of the original wearing surface. This work must be
completed before any overlay work is started.
The work also consists of improving the indicated streets in the City
of Cupertino by wedge cutting, resurfacing with thickness of 1-1/4" to
2-1/2" of asphalt concrete and applying a fog seal.
The work also includes the raising of manhoies, water valve boxes,
monument boxes, and traffic striping replacw.r-.nt as outlined in these
specifications.
3. TRAFFIC CONTWOL
Contractor shall furnish, erect and mainta.'n sufuZicient 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 on the various City streets before
9:00 A.M. or after 3:00 P.M. Mondays through Fridays. Only under
special conditions will the City permit lane closures before 9:00 A.M.
or after 3:00 P.M—
All paving on Sandley Drive shall be done on the weekend. There will
be no extra charge for inspection during this time.
All costs of the above shall be included in the price bid for the
various bid items and no special compensation will be allowed.
The contractor shall maintain a minimum of two (2) travel lanes for
traffic on the major street for use in each direction at all times,
and one (1) travel lane for traffic use in each direction on minor
streets.
4. MAINTAINING TRAFFIC:
Attention is directed to Section 7-1.08, "Public Convenience,"
7-1.09," Public Safety," 12-3.04 "Portable Delineators", and 12-2.02
"Flagging Cost" of the Standard Specifications.
Personal vehicles of the contractor's employees shall not be parked
within the right-of-way.
SPECIAL PROVISIONS PAGE 1 OF 10
•
MAINTAINING TRAFFIC (Continued)
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 and any changes to the
schedule as they occur, to the local authority and the City
Inspector. 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 (30' ) 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
orderod by the Engineer have been installed.
5. NOTIFICATION OF RESIDE TS:
The Contra^tor shall notify the abutting residents 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 48
hours notice is given to the property owner or tenant. If these
notification procedures are not strictly followed, the Contractor
shall not be allowed to work on the street.
POSTING:
The Contractor shall be responsible for providing and posting of
notices of work to be done and also responsible for any re-posting of
noticea to streets that need to be rescheduled due to unseen breakd<)wn
of equipment or other 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 minor delays. The date must b� ?rinted in a
legible manner on the sign.
(Post "No Parking" signs at approximately 100 ft. intervals) .
TOWING PROCEDORU
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 48 hrs. prior to the scheduled start of work. The
Contractor must notify Cupertino Code Enforcement (408)252-4505 with
locations of posting, to verify forty eight (48) hour notice.
SPECIAL PROVISIONS PAGE 2 OF 10
SPECIAL PROVISIONS (Continued) :
6. INSPECTION AND INSPECTION COSTS:
The work will be inspected by the City of Cupertino.
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, SLndays 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 conduct his operations so as to cause the least
possible obstruction and inconvenience to public traffic. All traffic
shall be permitted to pass through the work area. Contractor shall
furnish, erect and maintain sufficient warnings and directional signs,
barricades and lights, and furnish sufficient flakaaen to give adeq+aate
warning to the public at all times that the road or street is under
consteuction and of any dangerous conditions encountered as a result
thereof.
The contractor shall be allowed to close traffic lanes as specified in
the Traffic Control Section, on the street involved in the project.
Flagmen, barricades, and signing shall be required in order to insure
safe and orderly traffic flow. Side or adjacent streets shall be
posted and/or detoured with barricades and signs to insure traffic is
routed around the work area.
8. 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 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.
ITEM DESCRIPTION EST.OTY. UNIT
1. Pavement Restoration (6") 13,045 S.F.
2. Asphalt Concrete Pavement 8,872 Ton
3. Fog Seal 240,840 S.F.
4. Wedge Cut (Longitudinal) 34,380 L.F
5. Wedge Cut (Transverse) 1,315 L.F.
6. Adjust Manhole to Grade ill EA.
7. Adjust Box to Grade 41 EA.
8. Pavement Fabric 327,392 S.F.
9. Remove Traffic Stripping
State Detail 10 4,900 L.F.
State Detail 13 4,550 L.F.
City Detail 23C 6,370 L.F.
City Detail 33C 2,245 L.F.
SPECIAL PROVISIONS PAGE 3 OF 10
SPECIAL PROVISIONS (Continued)
ESTIMATED QUANTITIES (Continued
ITEMDESCRIPTION NOT. gn UNIT
9. Remove Traffic Striping (Continued:
State Detail 37 300 L.F.
State Detail 38 2,040 L.P
10. Remove Blue Pavement Markers 27 EA.
11. Install Traffic Striping
4" White 1,045 L.F.
12" White 1,067 L.F.
State Detail 10 4,900 L.F.
State Detail 13 4,550 L.F.
State Detail 21 1,075 L.F.
State Detail 25 5,000 L.F.
State Detail 38 2,040 L.F.
City Detail 39AC 11,990 L.F.
City Detail 23C 6,370 L.F.
City Detail 33C 2,245 L.F.
State Detail 37 300 L.F.
12. Install Painted Traffic Legends 85 EA.
13. Install Blue Pavement Markers 27 EA.
14. Traffic Striping Layout 1 L.S.
15. A.C. Skin Patch 8 TONS
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 completed and in place and operating, 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 - PAVEMENT RESTORATION (S.F. ) :
This item is bid per square foot and shall include all labor and
material to complete the pavement restoration as marked in the field.
See Section 105 of Technical Provisions for Construction Method.
BID ITEM NO, 2 - ASPHALT CONCRETE PAVEMENT DENSE GRADE (Ton) :
This item is bid per ton (Type B 1/2" max. asphalt concrete) and shall
include furnishing and compacting in place of asphalt concrete,
thickness range of 1 1/4" to 2 1/2".
See Section 100 of Technical Provisions for Application Details.
SPECIAL PROVISIONS PAGE 4 OF 10
SPECIAL PROVISIONS Continued):
. DID ITEM NO 3 - FOG a ss F• _
This item is bid per square foot and shall consist of furnishing and
applying a seal coat of bituminous binder at a rate of 0.05 gallons
per square yard of surface as specified in Section 101 of the
Technical Provisions (minor streets only) .
Lisp ITEM NO 4 - WEDGE CUT /IANGITUDINALI
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/4" deep by 6 ft. wide,
along the lip of gutter, or where specified.
See Section 104 of Technical Provisions for Construction method.
Bid Item No 5 - wedge Cut (Transverse) (L.F.):
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/2" by 15 ft. across
streets or where designated. This item shall include placing cutback
at the wedge cut to provide for a temporary transition.
See Section 104 of Technical Provisions for constrtiiction method.
Bid item No 6 - Raise Mapholgs (Eachl:
This item is bid per each and shall include furnishing all labor,
equipment and materials necessary for the adjustment of the manhole
rim and cover to finish grado.
Contractor shall have the option to use reinforced concrete grade
rings, or cast iron manhole extension rings, or other method as
approved by the engineer.
If cast iron manhole extension rings are used, it, shall be the
responsibility of the contractor to verify the diameter of the manhole
frame and to furnish extension rings of a diameter to insure proper
fit. All extension rings shall have a minimum of three (3) set
screws.
P.G. & E and P.T. & T. manholes shall be overlayed and marked by
leaving a patch of A.C. out near the center of the cover.
See Section 103 of the Technical Provisions for additional
information. -
Bid Item No. 7 - Raise Monumsnt Box to Grade (Each):
This item is bid per each and consists of raising of existing valve
boxes and monument boxes to the finish grade of the resurfaced
pavement.
See Section 103 of the Technical Provisions for Additional
Information.
SPECIAL PROVISIONS PAGE 5 OF 10
SPECIAL PROVISIONS (Continued:
Bid Item 8 - Pavement Fabric (S S.F. )•
This item is bid per square foot and shall include all costs for
furnishing all labor, equipment and materials necessary to install the
pavement reinforcing fabric at locations as directed in the field by
the Engineer. The fabric shall be installed just prior to the
placement of the asphaltic overlay. The pavement reinforcing fabric
shall 'De "Petromat" as manufactured by Phillips Petroleum Company or
approved equal and shall be placed in strict accordance with the
manufactarer'e recommendation.
Bid Item Fio, 9 Itemove Traffic Striping (L F )s
This cdd item shall include all costs for the removal of the existing
and/or conflicting raised pavement markers associated with the STATE
and CITY DETAIL 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.
Bid Item No. 10 - Remove Pavement Markers
This bid item shall include all costs for the removal and disposal of
the existing and/or conflicting blue raised pavement markers shown on
contract plans.
Bid Item No. 11 - Install Traffic Stripina (L F ) •
This bid item shall include all costs for materials, equipment and
labor to install all striping, as shown on tUe 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 Ingineer. The City
shall have the right to make changes in the locat•.on 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 prices bid for traffic legends.
Bid Item No. 12 - Install Painted Traffic Legends and Arrows (Each)
This bid item shall include all costs for materials, equipment and
labor to install all legends and arrows as shown on the plans in
accordance with Section 84 of the Standard Specifications and the
State Traffic Manual.
Contractor shall be responsible for accurately locating the position
of all legends, arrows, and other markings in accordance with the
plans.
SPECIAL PROVISIONS PAGE 6 OF 10
d
SPECIAL PROVISIONS (Continued)
Bid Item No. 12 - Install Painted Legends and Arrows (Continued):
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.
Prior to painting, the Contractor shall call for review and approval
by the City's Traffic Engineer. The City shall have the right to
make changes in the location and alignment of the pavement markings.
The Contractor shall provide suitable barriers, warning signs or other
arrangements to keep both foot and vehicular traffic away from the
freshly painted surfaces until paint is thoroughly dry.
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.
23 EA. "Bike Lane
3 EA. "Stop Ahead"
11 EA. "Stop" & Bar
1 EA. "Yield" & Bar
52 EA. "Arrow"
6 EA. "Only"
3 EA "30"
18 EA. "35"
Bid Item No. 13 - Install 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
bonded by the adhesive shall be free of dirt, curing compound, 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.
No separate payment will be made for traffic control for applying
pavement markers. Full compensation for traffic control shall be
considered as included in the contract prices bid for traffic control.
Bid item No 14 - Traffic Strip-ina Layout (Cat TrackincLor Dr_ibblel
(L.S. 1:
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.
SPECIAL PROVISIONS PAGE 7 OF 10
SPECIAL PROVISIONS CONTINUEDs
• Bid Item No. 14- Traffic Striping Layout (Continued)
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 accordance with the plans and City
standard markings by cat tracking with painted marks immediately or no
later than two (2) hours behind the contractor's paving operation.
Cat tracking shall consist of stretching a rope on a straight line
between control points on tangent alignment and cn a true arc through
control points on curved alignment and placlag 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 shall be the same color as the
traffic stripe for which they are placed:
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 and 2-27.
See State Plans A20-A, A20-B, A20-C, A 24A, A-24B, A24C, A24D.
Bid Item No. 15 - A.C. Skin Patch (Ton):
This item is bid per ton (Type B 1/2" max. asphalt concrete) and shall
include all costs for furnishing all labor, equipment and materials
necessary to install the A.C. Skin Patch on Stelling Road between
Stevens reek Boulevard and McClellan Road. Tack coat shall be
applied prior to placement of A.C. Skin Patch. A.C. Skin Patch shall
be rolled after placement by truck mounted spreader box. All work to
be as directed by the City Inspector.
SPECIAL PROVISIONS PAGE 8 OF 10
SPECIAL PROVISIONS (Continued):
TIME OF COMPLET'ofj(LIOU DMD DAMAGES (C ntinu _ :
The beginning date for pavement restoration shall be June 17, 1991.
All pavement restoration must be complete by June 28, 1991. The
beginning date for start of overlay work shall be July 1, 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 assiged,
successors, and sureties shall be liable to the City for ai,y excess.
11. WATER:
The furnishing of water and applying water shall be considered as paid
for in the items of work involved. In accordance with Ordinance No.
1489 effective April 15, 1989, no person shall use potable water for
construction purposes. Non-potable water is available for this use
unless water is transported from another county other than Santa Clara
County.
12. LIQUIDATED DAMAGES FOR TRAFFIC STRIPING:
In compliance with the plans and specifications for the Annual Overlay
Project 91-104 the temporary traffic :striping (cat tracking or
dribble) Bid Item No. 14 and permanent traffic striping, raised
pavement markers and pavement legends Bid Item No. 11 thru 13 shall be
installed-ms described in these Special Provisions.
A. Within two (2) hours after each street has been overlayed, 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 shown in the Standard Plans A20-A, B,
C. Bid Item 14.
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 plu,; the sum of one
hundred fifty dollars ($150.00) for each and every calendar day the
temporary striping remains incomplete.
B. Seven drays following the overlay of each street, the Contractor shall
be responsible for installing permanent centerlines, two-way barrier,
two-way left turn, bike lanes, left turn, 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 Items 11 - 13.
SPECIAL PROVISIONS PAGE 9 OF 10
SPECIAL PROVISIONS (Continued)
LIQUIDATED DAMAGES FOR TRAFFIC STRIPING (CONTINUED)
Each day the Contractor is responsible for providing the City with a
list of streets completed no latar 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 MEETINGS:
A preconstruction meeting will be scheduled prior to beginning of
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
Iunicipal 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 vriteria:
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.
It is a violation of t' is chapter to engage in any grading, street
construction or underground utility work within seven hundred fifty
faat (7501 ) of a residential area on Saturdays, Sundays, Holidays, and
during the nighttime period except as provided in Section 10.48.030.
Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime standards
of Section 10.48.040.
15. PAYMENT:
Payment shall be made on only those streets the City has approved and
for the approved amounts. No other compensation will be allowed. A
payment schedule is available in the Public Works Department.
Change order will not be considered or accepted after the project has
been accepted by the City Council.
SPECIAL PROVISIONS PAGE 10 OF 10
D. TECHNICAL PROVISIONS
ASPHALT CONCRETE
SECTION 100
DESCRIPTION:
This work entails resurfacing of roadway pavement with asphalt
concrete and shall consist of furnishing, spreading, and compacting
plant mix asphalt concrete, including paint binder (tack coat), to the
lines and grades shown on the plans or as directed by the Engineer,
all as specified in these specifications and the Special Provisions.
This item shall conform to Section 39, "Asphalt Concrete" of the
Standard Specifications, insofar as they are applicable.
MATERIAL
All dense graded asphalt concrete shall be Type 8 with aggregate
grading of one-half inch (1/2") maximum, medium, conforming to Section
39 "Asphalt Concrete", of the Standard Specifications.
Paving asphalt to be mixed with aggregate shall be steam-refined
asphalt viscosity grade AT-4000 conforming to Section 92, "Asphalts,"
of the Standard Specifications. The exact amount of asphalt binder
shall be as +?rected by the Engineer.
Paint binder shall be asphaltic emulsion RS--1 conforming to Section
94, "Asphaltic Emulsions," of the Standard Specifications.
PAVEMENT PREPARATION:
The surface of the pavement to receive asphalt concrete shall be swept
clean of all soil, vegetation and debris and with a self-propelled
street broom machine immediately prior to placement of paint binder.
Raised pavement market (buttons) and other material which interferes
with the resurfacing of pavement with asphalt concrete shall be
removed.
TECHNICAL PROVISIONS PAGE 1 OF 8
D. TECHNICAL PROVISIONS (Continued)
ASPHALT CONCRSTE SECTION 100
PAINS I�SR:
Paint binder shall be furnished and applied to all vertical surfaces
of existing pavement, curbs, gutters, and construction joints in the
surfacing against which additional material is to be placed, to a
pavement to be resurfaced, and to other surfaces designated by the
Engineer. Paint binder shall not be applied to pavement surfaces
conditioned by Heater-Remix operations,
Paint binder shall be applied in one (1) application at a rate of from
0.05 to 0.10 gallon per square yard of surface covered. The exact
rate of application will be determined by the Engineer.
Immediately in advance of placing asphalt concrete, additional paint
binder shall be applied as directed by the Engineer to areas where the
paint binder has been damaged, and loose or extraneous material shall
br removed, and no additional compensation will be allowed therefor.
SPREADING AND COMPACTING:
Asphalt concrete shall be placed with asphalt paving machine. Paving
machine shall be self-propelled mechanical spreading and finishing
equipment, provided with a screed or strike-off assembly. Truck drawn
portable asphalt spreader may be used in certain areas inaccessible to
the paving machine providing prior approval is granted by the
engineer.
Spreading and compacting equipment shall conform to Section 39-5 of
the Standard Specifications unless otherwise specified in the Special
Provisions.
Spreading and compacting shall conform to Section 39-6 of the Standard
Specifications unless otherwise specified in the Special Provisions.
MEASUREMENT AND PAYMENT:
Section 29-8, "Measurement and Payment, " of the Standard
Specifications shall not be applicable. Measurement and payment for
asphalt concrete shall be per ton in place. Contractor shall furnish
Engineer one (1) copy of the official weight tag from the asphalt
plant with each load of asphalt concrete when material is delivered to
the job site.
TECHNICAL PROVISIONS PAGE 2 of 8
s
D. TECHNICAL PROVISIONS
FOG SEAL
SECTION 101
DESCRIPTION:
This work shall consist of furnishing and applying a seal coat of
bituminous binder without screenings as specified in these
specifications.
MATERIAL• '
Seal coat type shall be Fog Seal conforming to Section 37-1, "Seal
Coats," of the Standard Specifications. Bituminous shall be SS-1 or
approved equal diluted with water as directed by the Engineer..
f#PPLICATION•
1. Application shall be 0.05 to 0.1.0 gallons per square yard of
surface to be treated, unless otherwise indicated in the Special
Provisions.
2. In no case shall a fog seal be applied when the atmospheric
temperature is below 40 degrees Fahrenheit.
MEASUREMENT & PAYMENT:
Measurement and payment for fog seal shall be per square foot of r
applied surface area unless otherwise specified and shall include full !
compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in applying fog
seal coat, complete in place, including preparation of the surface,
furnishing and applying the asphaltic emulsion, and furnishing and
mixing water with asphaltic emulsion.
TECHNICAL PROVISIONS PAGE 3 OF 8
D. TECHNICAL PROVISIONS
SECTION 103
ADJUSTING EXISTING FACILITIES TO GRADE
DESCRIPTION:
This work shall consist of raising, setting or installation of
existing or proposed highway facilities such as manholes, valve boxes,
flushing inlets, and monument boxes to the finish grade of the
resurfaced pavement.
CONSTRUCTION METHOD:
Construction shall conform to Section 15-2.05A of the Standard
Specifications except that raising devices (iron or steel adjustment
ring) may not be used to raise manholes to grade.
Raising of manholes to finish grade shall be performed after pavement
resurfacing unless otherwise specified in the Special Provisions.
The Contractor shale, properly locate and tie all existing highway
facilities to be raised in advance of paving operations.
The Contractor shall install a Phoenix #P2001A or approved equal over
existing brass tack in concrete monuments or around non-standard
square monument covers and frames. These monuments are at the
existing grade, therefore the new casting must be placed in the
existing surface. To achieve this without disrupting the monument's
location t1.1e contractor must first core drill a 4" dia. hole around
the outside of the monument to a depth of 6". After the finish paving
has been done the contractor shall remove the asphalt and excavate
around the monument to a depth of 7 1/4" and a diameter of 13".
Without disturbing the horizontal axis of the monument the contractor
shall break away the concrete outside the 4" core area. The casting
shall be placed in concrete and the surface will be patched to match
the new finish grade of the resurfaced pavement. The monument lid may
need modifications to fit properly.
PG&E and PT&T manholes shall be raised by others. Contractor shall
pave over each of these manholes except for a five (5) inch diameter
plug left out of the vcinter of each manhold in order to locate the
manhole.
MEASUREMENT & PAYMENT
Raising or installation of existing highway facilities to finish grade
shall be measured and paid for each unit designated in the contract
bid schedule. Quantities will be determined from actual count.
The contract price and payment for each unit shall include full
compensation for furnishing all labor, materials, tools, Gquipment,
and incidentals and for doing all the work involved in raising,
setting or installing the unit item complete in place, as shown on the
plans, and as specified ir. these specifications and the special
provisions, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 4 OF 8
TECHNICAL PROVISIONS
SECTION 104
WEDGS CUT
OESCRIPTIONz
This work consists of removing a triangular wedge of pavement
approximately:
1) One and one-fourth inch (1 1/4") deep by six feet (6' ) wide,
along the lip of gutter, or where specified (longitudinal) and
2) One and one-half inch (1 1/2") deep by fifteen feet (15') across
street (transverse)
CONSTRUCTION METHOD:
Lonaitudinal Wedge Cut:
The asphalt paving to be ground shall form a wedgeshape by
mechanical means, being ground to a depth of one and one-fourth
(1 1/4") below the lip of gutter, or where marked and tapering to
a point six feet (61) away from the lip of gutter, or where
marked, to where no grinding shall occur.
The grinding operation shall proceed straight through all. side
street entrances along the street to be overlayed unless
otherwise shown. The grinding operator shall take care not to
cut traffic signal detector loops or leads wherever possible.
Transverse Wedge Cut:
Transversely, across the travel lanes and intersecting streets,
the asphalt paving to be ground shall form a wedge shape by
mechanical means, being ground to a depth of one and one-half
inches (1 1/2") at the overlay conform points and tapering to a
point fifteen feet (15' ) away within the overlay area where no
grinding shall occur. The contractor shall place cutback at the
wedge cut to provide for temporary transition.
The Contractor shall be responsible for the sweeping, removal,
and disposal of all residue resulting from the operation and no
extra compensation shall be allowed.
The streets shall be repaved within five (51 working days
after the pavement grinding operation. Pavement grinding shall
conform to Section 42-2 of the State of California Standard
Specifications.
Wedge cut shall be performed with a cold planner (grinder)
equipment unless otherwise specified in the Special Provisions.
Contractor shall exercise care to insure-that the adjacent lip of
gutter is not damaged during the wedge cutting operation.
Limits of wedge cut shall be determined by the Engineer in the
field.
TECHNICAL PROVISIONS PAGE 5 of 8
. U. TECHNICAL PROVISIONS (continued)
SECTION 104
WEDGE CUP
MEASUREMENT AND PAYMENT
Measurement and payment for wedge cut shall be by lineal foot or
pavement wedge cut to the dimension specified. Unit price and payment
shall include full compensation for furnishing all labor, material,
equipment, tools, and incidentals, and for doing all work involved in
completing the wedge cut as shown on the plans, and as specified in
these specifications, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 6 OF 8
m�7
D. TECHNICAL PROVISIONS
SECTION 105
REPAIR OF FAILED PAVEMENT
1. DESCRIPTION•
This work shall consist of removing designated areas of pavement to
the depth specified and reconstructing the removed areas with new
asphalt pavement. Asphalt pavement replaced shall consist of
compacting the base material, furnishing and placing asphalt concrete
to the elevation of the original wearing surface. Patches vary in
size, look at samples on streets listed in specifications.
2. MATERIALS:
Bituminous materials; asphalt concrete shall be type B and conform to
Section 39 of the State Specifications. For repairs of four inch (4")
or six inch (6") use one-half (1/2") maximum size aggregate. Asphalt
emulsion used as paint binder shall conform to Section 94 of the State
Specifications. Asphalt prime coat shall be an RL-1 emulsified
asphalt.
3. CONSTRUCTION METHODS:
A. All pavement cuts shall be straight and vertical and leave a
competent edge. A concrete saw, pavement cutter, jack hammer or
other approved equipment shall be used to make all pavement cuts.
If a City survey monument is located in or near a patch do not
disturb its location during construction. If a monument is
disturbed the Contractor will responsible for re-establishing it
as a monument.
B. The exposed base a,aterial shall be compacted as required by the
City Inspector.
C. Paint binder shall be applied to all vertical pavement edges.
D. RS-1 shall be applied as a prime coat to the base material at the
rate of 0.2 Gal./Sq. Yd.
E. The specified thickness of replacement asphalt concrete is to be
placed in two (2) lifts if thicker than 0.2 feet. Both lifts
shall be spread and compacted in conformance with Section 39 of
the Standard Specifications. The final course shall be placed so
as to restore the original designed cross-sectional geometry of
the road. When feathering and conforming edges, excess material,
particularly the larger size aggregate, shall be removed from the
Job, not rolled into the fresh mat.
TECHNICAL PROVISIONS PAGE 7 OF 8
D. TECHNICAL PROVISIONS (Continued)
SECTION 106
• REPAIR OF FAILED PAVEMENT
CONSTRUCTION M$THODS (continued)
A repair may be left low by a max. of 1" overnight (not over the
weekend) . However, if directed by the City Inspector feathering of
the repair edge maybe required before a patch may be left low
overnight.
Final lift shall be placed by paving machine or other methods as
approved by the City Engineer.
4. METHOD OF PAYMENT:
Contract price per square foot for, removal of failed areas of pavement
to the specified depth and replacing with asphalt concrete to full
depth shall include full compensation for furnishing and placing all
material complete in place including the application of the prime
coats and paint binder.
TECHNICAL PROVISIONS PAGE 8 OF 8
u O O O O O O O Q O 0 0 0 0
® O O O O O O O Q O 0 0 0 0 0 0
16' I �' 1
DETAIL 23C
86
48 I 48'
® O O O O O O O Q O 0 0 0 0 0 ® ® 3„
G �+ +!0 0 0 ® 0 0 0
i8' 12 18 ld- 12' t
O O O O O O ® 3„
® 0 0 0 0 0 0 0 ® 0 0 0 0 0 0 0
DETAIL 33C
LEGEND
® TWO-WAY YELLOW REFLECTIVE MARKER
O NON- REFLECTIVE YELLOW MARKER
Ct1'lP OF CUPERTttV® �. ® y° 2-26
STANDARD DETAILS PROVED By (DATE :r r N r-
B
1Vf
D �
z
00 200°
M VEH ° ft
4OT
� 4 8
6
Z . BIKE T LIMIT LINE
® W am= ��,. 5 min.
n 6,or varies
V
� O.C.
o CL
r.,
z TYPICAL BIKE LANE AT INTERSECTION'
rn
200'
too
VE
M 6" varies LIMIT LINE
ly
81KE
5�min.
6'o varies
N
eea WIDENE® BIKE LANE AT INTERSECTION
v
MAY 1991
PROPOSED LLSI' OF SIRF.E°IS FOR PAVEMENT WMRATION
QUANMY DATE
SIRm EEOM TD S.F. W,
BAND VALLEY GREEN 7 ALVES 2735.0
BARNHART PL JAMESMWN ASTER 291.0
GLENVIEW AVE LA MAR OAKVU.LE 15.0
MILER AVE CALLS DE BARCELONA PER 466.8
MUM AVE PHI / BOLLINGER 718.6
PARK CKU ALVES ALVES 1463.5
PWNERIDGE AVE twoLFE RD cm LLM1T5 709.0
SIELLING RD. ISIEVENS CIK MAN 1286.3
SIELL.IlUG RD. M 280 150' N. GREENLEAF 1946.0
TANTAU AVE PHI / BOUBGEP. 259.2
VALLEY GREEN SIEL UNG DE ANZA 1054.9
MANN DR AREA IMANN DR AREA 2100.0
0 T A L
OVERLAY PROIECP 91-104
(IDNG) (IR4M)
S TdY FROM /M IENCM WII3TEH THHIM4ME ASPHALT FABRIC WEDGE C Ur WEDGE C1TP FOGSEAL MANHOLE BOX
_ INQ-1 MN SF IF IF SF EACH EACTI
SIEVING RD. SIE W CRK MOEVAN 2700 57 0.17 1 962.2 153, 900 5, 400 175 _ 22 _ 11
SIEVING RD. 150' K OF GREENIEAF 280 _ ).100 40 0.17 561 44, 000 22DD 80 `8 1
ADR IANA AVE. MANN CORNER _ 160 26 0.10 31.2 4 1 320 80 60 __2
MANN DR OR" PHARRAP 2735 38 0.10 779.5 5 470 100 103 930 18 2�
OAKVIEW IN MANN END 470 _0.10 105.8 _940 0 14 100 1 _
NANEY AVE. RODRICUES SIEVED CRK BL 963 40 0.10 288.9 1 1 926 200 _ 6 5
MUIER AVE BOU 4M PHIL 2095 66 0.20 2, 074.1 4 19D 100 18 2
.N.RIIER AVE R CAVE DE R3ARMNA PHHIL 585 66 0.20 579.2✓ t 170 100 6 3
BANBIEY AVE VAVEY GREEN ALVES 2622 36 0.20 1 415.9 94, 392 5, 244 200 19 14
PARK CQUE ALVES ALVES 975 36 0.17 447.5 J 35 100 1, 950 200 35, 100 _2 2
GARDENVIEW IAt MANN END 480 30 0.10 108.0 960 0 14, 400 1
MONM CT. MANN END 420 30 0.10 94.5 840 0 12, 600 1
WOODBURY DR MM PPAIW 870 30 0.10 195.8 1, 740 80 26 100 2
CORE MADERA IR MANN END 570 30 0.10 128.3 1 140 0 17, 100 _ 2 I
MEADOWVIEW IN MANN END _ 295 30 0.10 _66.4' 590 0 8, 850 2 � 1
DOS PAIRS Cr. MANN END 150 30 0.10 33.8 300 0 _4 500 1 _
8, 871.8 327, 392.0 34, 380.0 1. 3n 240, 840.0 111.0 41.0
A N N U A L O V E R L A Y
PROJECT 91-104
REVIEWED BY; APPROVED BY:
Travice Whitten rt J. V skovich
Deputy Director of Public Works ;irector df Public Works
SIGNATURE PAGE 1 OF 1