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91-024 Bubb Road at McClellan Proj. 110-9407A-953 91-024 BUBB ROAD AT McCLELLAN 1 of 3 PROJ . 110-9407A-953 CITY OF CUPERTINO INTERDEPARTMENTAL Date July 19, 1991 To_ CITY CLERK _ From PUBLIC WORKS--SUMI J Information MESSAGE: STREET IMPROVEMENT _ J Implement BUBB ROAD AT MCCLELLAN ROAD, PROJECT 110-9407A-953 -- Investigate Cl Discuss Transmitted for your records are t,..e following: See me _ 1. One copy each faithful- performance bond and labor and !_ J Reply material bond. Hartford Fire Insurance Company �^-�084777 2. Certificate of Insurance, 7/15/91 _ This was an informal bid project. The contractor is olden Bay ConstrucElon Company7 A purc ase o act_as_rhe formalsQntract. attach. SIGNED: �----� DATE For%vard part I Retain part 2 e � �• w`183Uig®ATE i�4M/DOrvY) P"UCER THIS CERTIFICATE i3 ISSUED AS A MATTER AP IiUFURr1A6AT1ON AAlLY AI�9d? CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE A N D R E I N I AND COMPANY DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 220 WEST 20TH AVENUE POLICIES BELOW. SAN MATEO, CA 94403 COMPANIES AFFORDING COVERAGE (415) 573 - 1111 ET PAII LTERYA GOLDEN EAGLE INSURANCE COMPANY LETTER � COMPANY INSURED LETTER ® SUPERIOR NATIONAL GOLDEN BAY CONSTRUCTION COMPANY COMPANY 1200 INDUSTRIAL ROAD, STE 1 LETTEP C SAN CARLOS, CA 94070 COMPAN PUBLIC WORKS Y LETTER ® JUL1991 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND►CATEG,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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR' DATE(MM/DD/YY) DATE(MM/OD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S 1,000,000 CLAIMS MADE X OCCUR. C C P 14 3 912 5/2 6/91 5/2 6/9 2 PERSONAL&ADV.114JURY S 1 ,000,000 X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,0001 FIRE DAMAGE(Any one fire) S 50,000 __— --—— — —MED.EXPENSE(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE A X ANY AUTO CCP-143912 5/26/91 5/26/92 LIMIT s 1,300,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY I PROPERTY DAMAGE S EXCESS LIABILITY ��—.w..._ EACH OCCURRENCE ~$ 2,000,000 A UMBRELLA FORM E X C 14 3 914 5/.2 6/91 5/2 6/9 2 AGGREGATE $ 2,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS B AND WCP11473-E 3/15/91 3/15/92 EACHACCIDENT $ 1,000,000 EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT S 1,000,000 DISEASE—EACH EMPLOYEE $ 1S_kljLl A OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEN►CLES/SPECIAL ITEMSa�_—~ *EXCEPT WITH RESPECT TO NON-PAYMENT, WHICH IS 10 DAYS. T-INI��F a ZT. TY_ 4j__I.NCEETIlQ11i,___. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 TO R R E AVENUE MAIL—UL DAYS WRITTEN NOTICE TO THE CERTIFICA(E HOLDER NAMED TO THE CU P E R T I NO, CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE9 TATIVE, ® POLICY NUMBER: COMMERCIAL GENERAL LIABILIT CCP 143912 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PUBLIC WORKS COMMERCIAL GENERAL LIABILITY COVERAGE PART. JUL 1 7 1991 SCHEDULE Name of Person or Organization: CITY. OF CUPERTINO, IT'S OFFICER~ AND EMPLOYEES (If no entry appears above,information required to complete this endorsement will be shown in the Declaration_ as applicable to this endorsement.) WHO 1S AN INSURED(Section 11) is amended to include as an insured the person or organization shown in th=_ Schedule as an insured but only with respect to liability arising out of your operations or premises owned by c rented to you. INSIii EC: GOLCEN FLAY CON_TRUC TION CG 20 26 1185 Copyright. Insurance Services Office. Inc.. 1984 r STATE OF CALIFORNIA On this.......15 th day of.....jP?Y ......................in the year • COUNTYOF...�ap..Mateo ss. 0.9 i ....... ......*................. before me, .............. Nancy ,y Cecil ........ a Notary Public,State of California, duty licensed and sworn,personally appeared....__.............. .......... Lqi g i. net.te,...........I....... ....... ......... personally known to me(ur proved to me on the basis of satisfactory evidence) 0 CXCIL to be the person who executed the within instrument as re s i dent .............. or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a = resolution of its board of directors. ----------- IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seat in the ,of.,CA.....County of..qa.p..Mateo 1ros dncurnent%univ A geo-al 1—n nzn may W PoPel 1w uv'In s�aVW ... ....... ,P�the date se�,fort�above in this certificate. kV&vaiod.tv CA�V W-1 W t1w�0.0,14V C4 tww 1­5 M�PY W�d�tfamaO� Notary Public,State of California Cowdery's Form No. 28—Acknowledgement to Notary Public— ,____ "I — �:)I Corporation tC. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires \--j� I ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of_5.an Mateo .............. On this 1.5-t11 .................. day of -J.Uly., in the year........ 19.9 J.. .......... before me.a Notary Public in and for Said ........... .............S.an.....Matep................... ................... .............County,State of California.residing therein,duly commissioned and s-orn,personally appeared _aqMan K. Too ................__...-.._...._._-._I..._....�personally known to me,0 proved to we on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the atto ey in fact ofRa-r-tford-.-F.j-.r.e--.In--,iiranc-e.-.-Company-- and acknowledged to me that C)be)b she subscribed the name of li.ax..tf-o-r.d--F-i-r.e-...ans=ance.--Compam-y.................--thereto as surety, and n his her own naAe\as attorney in fact. IN WITNESS WH EOF. I have hereunto set my hand and affixed my official seal, the day.and year stated in this certificate above. / rV1 I V It 7 0 7 11fol It"toMr."502901611 .......... NotaryPublic N F CORDOVA My commission expires CONTRACT FOR PUBLIC WORKS PROJECT 110-9407A-953 Bond N0. 5084777 Premium: $201.00 FAITUFUL PERFORMANCE BOND PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: JUL 1 7 1991 'THAT WE, Golden Bay Construction, Inc. as Principal, and Hartford Fire Insurance Company _ as Surety, (bonding company's naine) are held and firmly bound unto the City of. Cupertino, State of California, in the sum of Thirteen Thousand Three Hundred and Eighty Dollars lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated. 11991 with the Obligee to do and perform the following work to-wit: STREET IMPROVEMENT BUBB ROAD at MC CLELLAN ROAD PROJECT 110-9407A-953 NOW, THERFORE, if the .said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 15th day of July , 1991. (To be signed by Principal and Surety. Notary acknowledgments required) Golden Bay Construction, Inc. By Principal Hartford Fire Insurance Company Surety y: x2i Attorney-In-Fact. Suman K. Toor. The above bond is accepted and approved this day of ,1991, Faithful Performance Bond Page 1 of 1 CONTRACT FOR PUBLIC WORKS PROJECT 110-9407A-953 Fond No. 5034777 LABOR AND MATERIAL. BOND PUBLIC WORKS KNOW ALL MEN BY THESE PRESENT: JUL 1 7 1991 WHEREAS, the City of Cupertino, State of California, and Golden Bay Construction, 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 STREET IMPROVEMENT BUBB ROAD at MC CLELIA14 ROAD, PROJECT 110-9407A-953, mere particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, Golden Bay Construction, Inc. as Principal, and Hartford Fire Insurance Company as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Thirteen Thousand Three Hundred and Eighty Dollars. 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 lie done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original. contract, then said Surety will pay the same and also will pay in case suit .is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans corporations entitled to file claims under Section 1184. t of the Code of Civil Procedure, so as to give a right of action to them or their assigns in Labor and Material Page 1 of 2 STATE OF CALIFORNIA On this....15 th........day of........Ju.1X....................in the year San Mateo °' .... before me, COUNTY OF.......................... N a ncy. Cecil....... ....,.,a Notary Public,State of California, duly licensed and sworn,personally appeared.................................. KRtiQYp6r0i�RiKS:SaS---•::F'" 87:i:».ennaumaLp ..,4i:kigi...Zane.tte........................I.......I...................... i' .. ":' �'►CIL. � personally known to me(or proved to me on the basis of satisfactory evidence) r: -:,---CALIFORNIA to be the person who executed the within instrument as. 1?r e S i d e n t F `)` U IN or on behalf of the corporation therein named and acknowledged to me scat l C% NTY such corporation executed the within instrument pursuant to its by-laws or a 6aeiwaacac_.--_.._:. aeerxafaner:oraa>areusu.c...,, resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed myofficiai seal inthe....S.tate of CA,.,,,Countyof.. San Mateo rns 91—W m-ftch �.L.a�w,&W .14r ................................. ot the date set fo abovein this certificate. ra.SKlaali aN n na wa,ana,a�6 rnoMnO W aGt.as i 6uW4W W Iw uw aA.w Wan aUwnry.lhupww ors nW malean�+vrranh o.U.w riWrnasw.mp.nO nDbrW rxw.away W any pw wn w cre w uta q W versa�^� am ww rK varoesuw, tarn Pub1►C,State of California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires ArroRNEY IN FACT ACKNOWLEDGMENT 'v'9FATE OF CALIFORNIA county of San..-Mateo.................. On this____..........................15th..........day of July_.................. in the year 1991 .............. before me.a Notary Public in and for said ....................S..a n Ma.teo................ ............... ......................County,State of California.residing therein,duty commissioned and sworn,personally appeared __SUMzM X -------------------------- ­_­­�personally known to me,(:]proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact and acknowledged to me that C]he 0 sbe subscribed the name of ........._._.__.thereto as surety, and 0 hls?! her attorney r own name as attoey in fact. IN WITNESS WI E OF. I have hereunto set my hand and affixed my official seal• the day and year stated in this certificate above. .......... ................ ............ ......... .......... Not DIA14E CORDOVA Public a NOTARY PUBLIC-CALIFORNIAa 7 PRINCIPAL OFFICE IN My commission expires SA N MATED C 0 u N1 Y "Seca —I-" FhOy Commission EAPIfPb Sept `) 1992 maw CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 PUBLIC WORKS any suit brought upon this bond. JUL 1 7 1991 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 15th day of July , 19 91 (To be signed by Principal and Surety. Notary acknowledgments required) Golden Bar Construction, Inc. P .xfic ipal Hartford Fire Insurance Company Surety By: f 7 Cl 'LJ l� r -t✓� Attorney-In-Fact Suman K. Toor The above bond is accepted and approved this day of ,1991. Labor and Material Page 2 of 2 HARTFORD FIRE INSURANCE COMPANY PUBLIC WORKS Hertford,Connoctscut POWER OF ATTORNEY J0cl 1 71991 Know all men by these Presents, That the HARTFORD FIRE iNSURANCE COMPA-N" a coroorat..ion duly organized under the laws of the State of Connecticut and having its prinCiDai office in the City of tiartforo, County of Hartford. State of Connecticut.does hereby make constitute and appoint SC`rAN K. TOOR, .J04IN A. .\'a)RE UNI and DAVID N(ISF ENS SAN :LATEO, CALIFORNIA its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact. in their separate capacity it more than one is named above,to sign,execute and acknowiedge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities,and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed. ------------------ and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers.and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1)By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duty called and held on the 9th day of March, 1971. ARTtCCE IV SECTION B The President or any Vies-President,acting with any Secretary or Assstant S. reiary shall have Dower and autnonty to appoint for purposes only of executing and attesting Donds and undertakings and other wmings obligatory in Inv Mature thereof one or more Resident Vice-Presidents Resident Assistant Secretaries and Attorneys•in-Fact and at anv time to remove any Such Resloenr vice-President. Resident Assistant Secrelary or Attorney-in-Fact.and revoke the power am authority givel to him. SECTION 11 Attorneys-m-Fact shall have power and authority,subject to the terms and limitations of the Dower et attornep issuee to them.:D execute and deliver on Dehatt of the Company and to attach the seal of the Company thereto any and all bonds and undenakinos. anc other writings ooligalory in the nature thereof,and any such instrument executed by any such ADOmey-in-Fact shl7ll be as binding upon the Company as it signed dv an Executive Officer and sealed and attested by one other of such Officers. (2)Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June, 1976: RESOLVED:Robert N.H.Sener,Assistant Vice-president,shall have,as long as he holds such office,the sane power as any Vice-President.under Sections 6.7 and 8 of Article IV of the ay-taws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a ineeting duly called and held on the 6th day of August, 1976. RESOLVED.that.whereas Robert N.H.Setter Assistant Vice-President.acting with any Secretary or Assistant Secretary.has fhe cower and autnonty,as long as he holds such office,to appoint by a power of attorney,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,one or more Resident Vice-Presidents.Assistant Secretaries and Attorneys-in-Fact: Now,therefore,the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto oy facsimile,and any such power of attorney or certificate Dealing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal snail be valid am Drcdng upon,the Company in the future with respect to any bond or undertaking to which It is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 22nd day of August t990. HARTFORD FIRE INSURANCE COMPANY Attest: Richard R.Hermanson 13;'<Jl,•%� Secretary } 'o Robert N H.Senn STATE OF CONNECTICUT Assistant Vice-President COUNTY OF HARTFORD its On this 22nd day of August.A.D.1990.before me personally came Robert N.H.Saner,to me known.who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut: that he is the Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which executed the above instrument: that he knows the seat of the said corporation; that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT sat �r� Jean H.Womiak COUNTY OF HARTFORD Notary Public My Commission Expires March 31.1994 CERTIFICATE I,the undersigned,Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY,a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been -evoked anv fu thermore that the Resolutions or the Boa— Oi,ectc,s W -n the Power of-Attorney arc now in tprce. Signed and sealec at the City of Hartford Datec; day of ' l l L it Form S-3507.5 (HF, f ~ PtJOUC WORKS psi' X JUL 9 1991 �Ao (Vaxa, cam: ✓ ✓ ` �,�®- ►av p� 77 SIS BID DOCUMENTS(continued) PROJECT 110-9407A-953 7i PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In tY.e event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid ?tem. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 TIME FOR COMPLETION 1. The street improvements shall be completed on or before Kuaa4w M` 19 t . The actual dates for completion shall be the dates set forth above plus the number of calendar days between July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED gUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install •Construction Signing: Dollars Lump Sum 2. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: -- 1 b1G A.-►U _ S �';�f /SF $ 1y2a Dollars per Square Foot 3. 120 L.F. Remove Curb and Gutter: Dollars per Lineal Foot ELF Proposal Page 2 of 8 ;i`:u ✓v�. .t'l:.a+L.��c+C1T1L1Z1Lle4} PROJECT 110-9407A-953 4. ONE M L.S. Excavation, Grading & Subgrade Preparation: �-- ��,� Dollars Lump Sum 5. 1 Each Install Handicap Ramp: r W wy.DR .k N13 a-� �! oa /Ea $ Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: $ /LF $ �� Dollars per Lineal Foot 7. 520 S.F. Install 4 Inch P.C.C. Sidewalk: t X. A.Jp J�o $ �oo /SF Dollars per Square Foot 8. 30 Ton Install 9" A.C. Deeplift Pavement: $ �� /Ton $ 4 Zt� Dollars per Ton 0=TOTAL: Proposal Page 3 of 8 BID DOCUMENTS(Continued) • ' PROJECT 110-9407A-953 I, the undersigned agree that if this proposal is accapted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and co do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of :-ublic Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with Nuch provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ �.e7o which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 • BID DOCUMENTS(Continued) PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT I, the undersigned, being first R,Ilyparedes�Cponstructi.(R ���t/ I am President of Piazza & Paredes Construction (business title) (business name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference witki 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 cf that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. D"'a'ZK Proposal Page 5 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER QUALIFICATION FORM In further compliance -rith the specifications furnished, I; the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 7 _ years. Our experience in work comparable with that required by the proposed contract is 7 years operating under our current business name. Our experience in work comparable with that required by the proposed contract is 1C years operating under the following different business name(s) . My California Contractor's License Number is 570 972 The classification of this License is Class A The expiration date for this License is 6/30/9 3 Where federal funds are involved, »o bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three(�3)rmeyeears. Year Class, Location of Work and for Whom Perkgrme d Amount 91 Gen Eng Santa Ana Rd Hollister Filice 21 ,422 90 ifBerryessa Rd San Jose City of San Jose 17 ,472 90 Santt Sewer Rehab Pearl Ave SJ City of SJ 12 ,938 90 Water Meter Rehab Morgan Hill SCV!JD 17, 995 90 Pine Tree Park Morgan Hill JL Schilling 499 , 397 89 Camden Ave Rec Path III SJ City of SJ 71 ,000 89 Camden Ave Rec Path I SJ City of. SJ 21 ,250 89 Ridgemark Sewer Pond Hollister Rid?_emark 256 , 344 88 Ridgemark Unit 10 Hollister Ridgemark 1,468 , 202 Proposal Page 6 of 8 BID DOCUKENTS(Cont.inued) PROJECT 110-9407A-953 SUBCONTACTORS FORM The subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name NONE Address —_ Work to be Performed 2. Name --- Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed -- 7. Name Address Work to be Performed Proposal Page 7 of 8 BID DOCL`MENTS(Continued) PROJECT 110-9407A-953 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS CORPORATION RJ Paredes Construction DBA/Piazza & Paredes Construction CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE e' OTHER (Describe) N _me and Signature of Bidder: Rafael J . Paredes , Jr. - President J (Print or Type Name) v , ) 1 41 (Signatur ) Date: J L 9 , 1991 Address(mailing & location) P. 0. Box 1316 190 Kirby Avenue Morgan Hill CA 95038 Telephone Number : ( 408 ) 778 1372 Acknowledgement of all addenda received is required by circling each addendum number. `lf' 2 3 4 5 6 7 8 9 10 t_. Proposal Page 8 of 8 td=f3f�elfi�a- law W �� i f ofC 31� tnad #t der a s fte�r��gCt1► � .�' mdt over anf`� andpftt�d Tl+e prbg pe�rmettts triads a��b�ls ., �to�e5s said b{rnd s3ts+olm�e the brddcr-depcsstl safne d not er r or a tFt rrralteriOf"Or",ororduaaars- conttact a thsCt ! ie6ed,by fan(tb) at�r t anf to Seotron has been aidsMed 1 45 0€ $CaGforrt (3oir- tracf ertint Gt!ds the ion ` I b t4ie ear Pardo:! +� nn ptepar i aY e � `. ginah+ e v tY anftibac►ran +at0eirys Priggu6m�ttett, tbtt#reY ► uFnr `. ecP � �M , r votver13s a ally,� foyer:: �s .„` s,' this snbSGtlil�tn be. y the f5dufe Gs�d fnt�n t640 of of be r p be Gcet gd dta GalTomie C,overiunent A-81D MCUMSM in accondafl + its! !? Code.or Banta,or sbavargs fJBYM10' of the Slat of:C fasrnla and loan cer ff ddee COWW'�li9M NO.lx'd.wffi be a�Yarded P ah lnt�test.f�acco ts, City CerSEtno m a Gontractnt v�feo is tart memaaffin�y�lett�ers ofcct,or 1A ity 7orra dvxatita Ctt�nsed in actpPrda►sce HnUe tUf� ffffarnte tha. one of Divlere 3 any a r s mtttuatty Cdperilrto.. o1. r S.'Conttac °of agreed fa.by��thsmsptrcmr t} 1fd, The CeflJr&o- S7REt:T IMPROV - the Etueass .Proles aid dye MC GLELI.AN' OAOt GahMbrnla_Thccy 04 awnse�cgot any se�cu trust Pt�QJECrf t fa 9401 $3 sha�l." be.aw to:,! sube itbted for moneys Bldg wlro does not-pns- eyithhetd:and.slt$Ii.rceive e, The G>Y Of, #, ; r ctaWP� any Mast thozaRa Sar►ta Glara Gounty sass the f :Jurw'f2,`j9St Califomra invites seated bn of e� C o1 proposts for t awnsit - 1►U b�reoslved Yli be rty flora o tha wdt deity d��ta City Cou ! Ely, Roberta A:Ytiotte ea dr o Cutt4i tat6#i1te.ih�rEy 3;r Ctrk in �s t �offoaels�>x. t huri t��t �=C� tied 5Rt: � pC t =y t I# 0 y eY . � � r ' f TM9 space Is for the County Clerk's PROOF OF PUBLICATION FiftStamp I2DtSA C.C.P.? STATE Of CALIFORNIA. ` County of Santa Clare I ant it eltiaen of the United States and a resi- dent of the County eforessid; I am over the age of eighteen years, and not a party to or In• tereated in the above-entitled matter. I am the principal clerk of the printer of the PROOF OF PUBLJCA77ON OF CUPERTINO COURIER 10950 N. 141aney Ave.. Cupertino. California. a news• Saper of general circulation. every Wednes• ._� oy in the eaty nt Cupertino.Ca rioted ornla.County of Stin- �`j to Clerat and published to the city of Cu rtino, Call•pr r. fernla. Gloufatq of Santa Clara: and whicia nra•speper ,. hoe been adjudged a newspaper of general circulation : , ti. .`_ b3• the Su�erior Court of the County of Santa Clare. `- State of Callfonrla. Case Number 10M7. that the rootlet of which the annexed is a printed copy (set in type not smaller than non- areal). has been published In each r 1rular and entire issue of told newspaper and not In tasf;• supplement thereof on the folloainj dates, t4 wit: { a e 1 All In the year 19 _ I cerMy (or declare) Lander p0nalty of Ped ry that the foregoing is true and correct. I3afed at Cupertino, Celifornla, this r• R Sigoat>mfe BID DOCUMENTS(continued) PROJECT : 10-94G7A-953 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A--953, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, raachinery and materials required to construct to completion and in working usable order the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 TIME FOR COMPLETION 1. The street improvements shall be completed on or before August 23rd 29 91. The actual dates for completion shall be the dates set forth above plus the number of calendar days between ,July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal fc,r each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(l) L.S. Install Construction Signing: eight hundred ninety dollars no/100 $ $890.00 Dollars Lump Sum 2. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: four dollars 80/100 $ $4.80 /SF $ $2,496.00 Dollars per Square Foot 3. 120 L.F. Remove Curb and Gutter: no.4100 $ $17.QQ___/LF $ $2,040.00 Dollars per Lineal Foot Proposal Page 2 of 8 31D DOCUMENTS(Continued) P;RGJ£CT 110-9407A-953 4. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: five thousand eight hundred five dollars -gfiQQ $ $5,805.00 Dollars Lump Sum 5. 1 Each Install Handicap Ramp: nine hundred seventy five dollars no/100 $ 975.00 /Ea $ $975.00 Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: twenty two dollars 80/100 $ 22.80 /LF $ 2,736.00 Dollars per Lineal Foot 7. 520 S.F. Install 4 Inch P,C.C. Sidewalk: f i vie dollars 90.000 _ $ 5.90 /SF $ 3,068.00 Dollars per Square Foot 8. 30 Ton Install 9" A.C. Deeplift Pavement: one hundred fourty six dollars no/100 $ 146.00^JTon $ 4,380.00 Dollars per Ten TOTAL: $ $22,390.00 Proposal Page 3 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 I, the undersigned agree that if this proposal is accepted by the Cicw of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ _57e n �' , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am Vice President of ROMA Construction Corporation (business title) (business name) the party making the foregoing bid, that the bid is not made in they interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 5 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 4 years. Our experience in work comparable with that required by the proposed contract is Q years operating under our current business name. Our experience in work comparable with that required by the proposed contract is 16 years operating under the following different business name(s) . Matteis Bros. My California Contractor's License Number is 523913 The classification of this License is A, B, C12, & HAZ The expiration date for this License is 2-29-92 _ Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organizatio�a has completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount See attached Proposal Page 6 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 SUBCONTACTORS FORM The subcontractor(s) , as defined in the General Provisions aad in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one Dercent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name KM4 Concrete Construction Address P.O. Box 1,60130 Cupertino, CA Work to be Performed Concrete 2. Name Salamoni Trucking Address 933 No. King Rd. San Jose, CA Work to be Performed Trucking_ 3. Name Matteis Bras_ Address P.O. Box 4075 Mountain View, CA Work to be Performed Equipment Rental 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 7 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS CORPORATION ROM Construction Corporation CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER (D scribe) Name and Signature of Bidder: Randy Ma eis 7 f,- (Pri or Type Name) (Signature) Date: 7-9-91 Address(mailing & location) : 3521 Leonard Court Santa Clara, CA 95054 Telephone Number ( 408 ) 496-6257 Acknowledgement of all addenda received is required by circling each addendum number. // vrr- 1 2 3 4 5 6 7 8 9 10 Proposal Page 8 of 8 RCffibM A - 1W toasraut arPOR 0710111 GRADING AND PAVING CONTRACTOR REFERENCES California Fair Financing Authority Mike Amoretd i 111 Howe Ave. (916) 921-9939 Sacramento, CA 95825 City of Mountain View Park Department 231 North Whisman Road (415) 966-6326 Mountain View,CA 94043 City of Saratoga Jack Burbank 20460 Forrest Hills Drive (408) 867-3424 Saratoga, CA 95070 (408) 867-4060 City of Sup-iyvale Allen Everson P.O. Box 31�'7 (408) 730-7429 Sunnyvale,CA 94088-3707 Cupertino Union School District Sonja Shurr 10301 Vista Drive (408)252-3000 Cupertino,CA 95014 ext. 370 Lockheed Missiles & Space Company, Inc. Milt Murray 1111 Lockheed Way P.O. Box 3504 (408) 524-6030 Sunnyvale,CA 94088-3504 P•J•H•M• Bob Joyce 1570 The Alameda (408) 298-6696 San Jose., CA 95126 (408) 298-0871 The Stienberg Group Bill Gould 60 Pierce Road (408) 295-5446 San Jose, CA 95110 rev. 7391 MH 3521 Leonard Court • Santa Clara,California 95054 • (408)496-6257 • Fax (408)748-9229 e ROMA CONSTRUCTION CORPORATION - GRADING & PAVING DIVISION - Partial Project Lest PROJECT: Inverness Subdivision - Cupertino OWNER: Cupertino Union School District ARCH/ENGR: Nowack&Associates CONTRACT AMOUNT: $515K COMPLETED: January 1990 DESCRIPTION: Complete improvements of 45-house subdivision including grading,paving,concrete,water, sewer and electrical. PROJECT: Calabazas Subdivision - Cupertino OWNER: Cupertino Union School District ARCH/ENGR: Kier&Wright CONTRACT AMOUNT: $480K COMPLETED: August 1990 DESCRIPTION: Complete improvements of 54-house subdivision including grading, paving,concrete,water,sewer and electrical. PROJECT: Fifth Avenue - Sunnyvale OWNER: Lockheed Missiles&Space Company CONTRACT AMOUNT: $33,K COMPLETED: Jul 989 DESCRIPTION: Moving three guard shacks including electrical gates,lighting, curb and gutter,and the building of a new street. PROJECT: First. Avenue Reconstruction - Sunnyvale OWNER: Lockheed Missiles&Space Company CONTRACT AMOUNT: $137K COMPLETED: September 1988 DESCRIPTION: First Avenue at Lockheed needed to be widened and reconstructed so the Hubble Telescope could travel smoothly over the road without risk of damage. Work included concrete,storm sewer, rock and asphalt. PROJECT: DeVargas & Garden Gate School - Cupertino OWNER: Cupertino Union School District. ARCH/ENGR: Steinberg Group CONTRACT AMOUNT: $198K COMPLETED: September 1990 DESCRIPTION: Site work for modular buildings including concrete,block walls, electrical,grading and paving. Grading& Paving Partial Project List Page 2 PROJECT: Campbell Union Schools - Campbell OWNER: Campbell Upon School District ARCH/ENGR: Steinberg Group CC RTRACT AMOUNT: $180K CG MPLETED: September 1990 DESCRIPTION: Site work for modular buildings including concrete,block walls, electrical,grading and paving. PROJECT: Campbell Union Schools - Campbell OWNER: Campbell Union School District ARCH/ENGR: Porter Jensen CONTRACT AMOUNT: $215K COMPLETED: July 1990 DESCRIPTION: Paving various school sites,playgrounds and parking lots including striping. PROJECT: Evergreen Junior College - San Jose OWNER: San Jose/Evergreen Community College District ARCH/ENGR: Ruth&Going CONTRACT AMOUNT: $172K COMPLETED: September 1990 DESCRIPTION: Construct new parking lot (approx. 60,000 S.F.) including underground utilities,electrical,concrete,landscaping,grading and paving. PROJECT: Reservoir Project - Hayward OWNER: City of Hayward CONTRACT AMOUNT: $133K COMPLETED: August 1990 DESCRIPTION: Paving and grading around water storage tanks. PROJECT: Eoxworthy Shopping Center - San Jose OWNER: Lincoln Properties CONTRACT AMOUNT: $187K COMPLETED: July 1989 DESCRIPTION: Repave entire shopping center. PROJECT: Alvarado Street Extension - San Leandro OWNER: Lincoln Properties ARCH/ENGR: Phillippi Engineering CONTRACT AMOUNT: $394K COMPLETED: August 1990 DESCRIPTION: Extend and connect two dead-end streets. This project included grading,paving, underground utilities,electrical,concrete and landscaping. Grading&Paving Partial Project List Page 3 PROJECT: Town of Los Gatos Parking Lot #3 - Los Gatos OWNER: Town of Los Gatos ARCH/ENGR: Brian Kangas&Faulk CONTRACT AMOUNT: $221K COMPLETED: August 1989 DESCRIPTION: Build new 75-car city parking lot including grassing,paving, electrical,concrete,storm system,water,landscaping and. striping. PROJECT: Town of Los Gatos Resurfacing - Los Gatos OWNER: Town of Los Gatos CONTRACT AMOUNT: $348K COMPLETED: In Progress IDESCRIPTION: Repair and repave various streets. 5: Out of Cuperti"o 10300 Sorts Avenue P.O.Box 560 Cupertino,CA 95014- 2S5 Cupertino,CA 95015-0580 felephone:(408)252-4505 fA+(:(408)252-075.) PUBLIC WORKS DEPARTMENT June 28, 1991 File: 74,297.2 AMEND UM No. 1 RECEIVED PRWIrT 110--9407A-953 JUL 2 lq9� snw!vD6R0VEMEM AMGO ENGINEERING BM ROAD at D CLELLAN ROAD BID OPENING 2:00 P.M. TLMSDAY JULY 91 1991 The Plan sheet for PrOject 110-9407A-953 is amended to inc1,4, one C18 "ROAD OMSPRUMlON MMNV° sign and Post. Bid Item Ntmfber one. by: OF CU2T�IQ i li Director Of P9�lic Works (Xk d �IR 7� V S n:•, Sz • p BID DOrTM TS(Continued) • PROJECT 110-9407A-953 TIME FOR COMPLETION 1. The street improvements shall be completed on or before- 19_ The actual dates for completion shall be the dates set forth above plus the nu,aber of calendar days between July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM 6 WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: $ 660 ✓- Dollars Lump Sum ?. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: 00/ /SF $ 7 Dollars per Square Foot 3. 120 L.F. Remove Curb and Gutter: N/NL- AQQ G1M-C, AL-0 Na .�T5Cr LF Dollars per Lineal Foot Proposal Page 2 of 8 ' BID DOCUMENTS(Continued) PROJECT I10-9407A-953 • 4. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: 'TLG S/Y /VO Dollars Lump Sum 5. 1 Each Install Handicap Ramp: /9(c/ Dwz-po ^/O Ad epll� iX�'4V" 0&4Ae--s .44/O o4Q /- c �!'H✓/� $ �/Ea $ Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: - A10 _Ct-✓T5 $ a T F $ 1� W • .�' Dollars per Lineal Foot 6. 7. 520 S.F. Install 4 Inch P.C.C. Sidewalk: ,t/i�/F�7 CC-�✓T.S CAD Q Dollars per Square Foot 8. 30 Ton Install 9" A.C. Deeplift Pavement: 06k ,t 61A1Q9!Ec'0 001,Z/Aes A-&10 A10 Crrl $ J� Ton $ J®. Dollars per Ton TOTAL: Proposal Page 3 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 I, the undersigned egree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ JiIUUL';� t Io L) , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT the dj ed being first duly sworn, deposes and says that I am ,PR&$XZ?F1 _ of (business title) (business name) the party making the foregoing bid, that the bid is not made in` the interest of, or on behalf of, any undisclosed person. partnership, company, association, organization. or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder--has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 5 of 8 'ROJ ECT 11!.t- +,O/A-953 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this` proposal. We have been in business under the present name for years. Our expe Vice in work comparable with that required by the proposed contract is �� years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . My California Contractor's License Number is L- 0 310292 The classification of this License is The expiration date for this License is /g/ Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount Proposal Page 6 of 8 I tq U 11 S.F I-fi t 1--1 1. Airport 000.00 :1 Pyrori WI: [ 1, L-oadi -fiq Dcck Mod if, P,..1'6-9 4 1.4 Un i Ca L i f H a v i L z-i n d Ha I L 50,000.00 Carlton St . Handicap M o d i f i c a t i a ris Per ke ley Vic Tay [cir 642-0489 Un i v. Ca L i f Si to Impi-ovettients; 130,000.00 (same as above) Ka i .t;er Construct i art Var i ous Contracts '700,000.00 J.780-2,rid Be-r-kel.c.-y, "CA, R a in Me 1. 1.a -7'5 City of Union City L-, T D 0 4501000.00 Alvarado Ni Los Rd Improvements of Union City , CA Decoto District jim 4 7 J.--342 3x"I Fort of Oak Land Air—BAF"T Fws ghettovs 1 , 300, 000.00 66 ..Jack t-ondon S-:L Oall-- lane! Int ' L Airpo-r-t Oakland , Ca Ruf i no OLay 444-3:198 Safeway 9f0V-ea Hoffman Freeway Dv.--.-v . 800, 000.00 madi !;017 Ave. R i c h m a n d D i ,.,A-r i b u-t i a n Oak I.and , CA center Inland Coma iner V a I- i a US. Contra(- is .37333--Ceday- Blvd Site grading , engineer-- 480,000-00 Newark , Cat ing, asphalt , concrete-? Fred Land.5berg 797-2021 County of Alameda Street Improvements .75,()00.00 399 Elmhurst St . Robin/Fir Hayward, CA Paul Charles 670-549:1 v i c Dy- i ve to L i ylCo Lyl 1)f-p i -f thti t,aVy Site I m 1) oV C!fol 0 1'-;t 5 10 J. I 0 a K, 1. d (`1rfny lase B I d g 3 11 0 i.--s k land F, 0 Pox -,:)3'.3 0 0 Army BaSe 0 1, I.arnd , CA h'e TI I S"11.1 i is h 466--29-?0 C" i I y (:)f 1)tA b 1. i rI Widening Dublin Blvd 86, 389.00 6500 D u 1-.) L ; n B 1.v d !iIreel. Dub I iyi, Ci-i L.ee Thompson - 829-49210 City of Sail Mateo 20th Avenue/Storm Drain J.65, 000.00 330 W. 201h Street I n.,.7 I-a L L a I ion;Str e e San Mateo, CA Widening David 3-?7-33V5 Liquid fai -r ("'orp Hyc1r-ci.s-1-a-1- ic Test 1" it J.0, 500.00 122j. N, ('1*;.-I1. i -F Et Ptall-1. Walnut Creek , CA 0 e o r- i e Hit u b(:.� i. 9 71�'-','-6`5 2 A. City of Sail Jose Gary A L b e r 1,s o r) Parkway 45, 584.00 801 N. i.sf S-t B i k U.,P'-'.)-t 1-1 San CA Frank M(..., 1. L a (408) 27-7-4638 Newhaven Unified ALvar-ado Middle SchooL 210.00 Ullified School Dist lmprovem(.'aIlts; Porter-'k.-Ilsoll Arch 1.5700 The- oLameda Say) jose, CA Hiro Myachi (408) 298-6696 Fremont--Newark Handicapped Accessibility 709 000.00 Community GolLeg(.. Sty-tic- turaL Concrete, RamPs, 43600 Mission Blvd Elevator , Elevated Walkway Fremont , Ca 94539 Stairs on Grade, Associated Architects Ron Martyn (415) 428-9448 Ion Construction Stor-ek & Storek 206,000-00 t49 Nii%th Street Old Victorian Raw Say) Francisco, C.71 City of Fremont Curt) , Gutter , Sidewalk 244, 249.00 C i v i c C'e i-i I e r Dr J 1 1" F v c-,isi c.)vi t , C a 17 4 5 3 8 Ray N(--'w(lian C i t y (:)-f Liveritiare 460, 370.00 1052 S"c) I i -v(.,.'r m c)r (-2 p i-.4 L i v e v m o v e, Ca 9 4 5 '0 '415) City of Sa.11 Jose Downtown Street Lightinc'1 311 , 417,00 801 No Fir-sf St and Sidewalk Recoymi-ructiov) San Jose , CA 951.10 (408) '2)'77-4025 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 SUBCONTACTORS FORM The sul',contractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 7 of 8 PROJECT 110-94O7A-9-53 BIDDER'S SIGNATURE FORM Ic YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDVMT, SECRETARY-TREASURER AND MANAGER. THE. CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS CORPOP 4TION CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER _ (Describe) 3,4M ULI L W. SPO SETT Name and Signature of Bidder:�� _CMEUr (Print or Type Name) ( gnature) Date: �9/ Address(msiling & location) BG ENNGIIVELERT G, INC : Y Telephone Number :( �'~ ) — 2 41 z Acknowledgement of all addenda ;received is required by circling each addendum number. U2 3 4 5 6 7 8 9 10 i Preposal Page 8 of 8 r t `, 8ID DOCUMENTS(continued) PROJECT 110-9407A-953 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation. costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are inly extensions of the estimated quantities and the Unit Prices bid. These tocals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 TIME FOR COMPLETTI0N 1. The street improvements shall be completed on or before AClaas r 3/ , 19 9/ - The actual dates for completion shall be the dates set forth above plus the number of calendar days between July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: Dollars Lump Sum 2. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: Dollars per Square Foot ' 3. 120 L.F. Remove Curb and Gutter: Dollars per Lineal Foot Proposal Page 2 of 8 BID >GCUMENTS(Continued) PROJECT 110-9407A-953 4. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: /h&EE /.I!-//Irv9,� Dollars Lump Sum 5. 1 Each Ins�tJall Handicap Ramp: /Ea $ Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: D4 4,-- Dollars per Lineal Foot 7. 520 S.F. Install 4 Inch P.C.C. Sidewalk: -41Z) $ ic J'`: `— /SF $ Dollars per Square Foot 8. 30 Ton Install 9" A.C. Deeplift Pavement: - ? /Ton $ e2 o� /O. Dollars per Ton TOTAL: $ 14 Proposal Page 3 of 8 �,. BID DOCUMENTS(Continued) PROJECT 110-9407A-933 I, the undersigned agree that if this proposal is accepted by the City c..f Cupertino, T. will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, oy surety, payable to the City of Cupertino, in the amount of $ AQ a OF M,Q//A11_ j5,&Q , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that am DES/d29ENT of E11/e�l��c/P.'/✓G c',�f' , (business title) (business name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyovae interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, Partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 5 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407,E-953 BIDDER QUALIFICATION F0RM In !urther compliance with the specifications furnished, I, the undersigned, submit the following statement: as to my experience and qualificatious to perform this work as a part of this proposal. We have been in business under the present name for I-P-e years. Our experience in work comparable with that required by the proposed contract is ,,3D years operating under our current business name. Our experience in work comparab'e with that required by the proposed contract is 2- years operating under the following different business name(s) . My California Contractor' s License Number is The classification of this License is The expiration date for this License is a.sJ�/''/�-/�2 UE� ,��9� ► Where federal funds are involved, no bid subm`.tted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount Proposal Page 6 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 SUBCONTACTORS FORD! The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name IVQ/e4) / ��AICFCF7_E Address • &K as q.S.4N 70 Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed _ 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 7 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMP-4NY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORK. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS // NAME OF BUSINESS CORPORATION f�NZA FN�//✓E��l s✓� �o,,z/'. CO-PARTNERSHIP: INDIVIDUAL JOIN' VENTURE OTHER el-IA s (Describe),"I Name and Signature of Bidder: Cif/A�'L&:S AA/fL) �jt�ES/Q ib�l" (Print or Type Name) (Signature) Date: JZe G >-0 9, /`^1 9/ Address(mailing & ocation) /�� . .�Qx 9[._E5 l�✓���, f�i��s 11.2 �vr' )FODL✓ODD C�i i?-, CY A QG✓DD D Ci %Y CA 9¢O�o2 Telephone Number :( ���) Acknowledgement of all addenda received is required by circling each addendum number. 2 3 4 5 6 7 8 9 10 Proposal Page 8 of 8 i i� i '���Li .. 1 t+_ �l• 1,) ',J 1 ,. ! _ -- is , .. :. ,.. .. ., "T.`3'Y C) R F 1`. CJ.T'Y 1 :� i(� t i. �r .. i•, 1.�1 I .�r i .___ 1. } 1,. i ..F i„i i '� i !.f i°.f J I'..�,'Jr. f. ! .T�'...���_t M. ' o 1987 F .C, . <` . CON. 1,�l -- SA??,1'1'" l; , r �j r,l?) � 1, , 7 7 frTA I "C1p1) It l 1 'fit.:� �.'.(' 1 '_1�'� f�'��;'• ,� i —^- ,. �(� 3 '1,� . .. ( - , f,`, It i.�, Ti .. �, , x i.i!'l;1r*-:R;t0t'! C �,. :Af) I :i C; ,,, f C. 1 i i�t' l, 't't�,i _.'!�.? ;1„^S ,, 'i . . ), .. 1 ��t,�•; I ,. � �;ii =i, D.1,S1+iICT 1998 le'Al."')R 1-:'1 rIN! . .., 41 P.O. Box 5216 Redwood City, CA 94063 (415) 364.8466 ANZA EN43INEERING CORP. t ri �(�• �� ;is i :} `' T . -- ' i' ' t, _',�. � ,' t 91-024 BUBB ROAD AT McCLELLAN 2 of 3 PROJ. 110-9407A-953 e • i f CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CALM. FOR BIDS PROJECT 110-9407A-953 STREET IMPROVEMENT BUBB ROAD AT MC CLELLAN ROAD x BID OPENING 2:00 P.M. TUESDAY JDLY 91 1991 Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, California 95014 . i A. BID DOCUMENTS :NOTICE TO CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 STREET IMPROVEMENT, on BUBB ROAD ac MC CLELLAN ROAD, PROJECT 110-9407A-953.) The City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled STREET IMPROVEMENT, on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained ac the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, 3t no cost to the bidder. Special attention of bidders is directed to Section 7 of the General Provisions for full directions as to bidding. (Sealed proposals will be received at the office of the City Clerk, City Hall., City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M, on 1r ,..WttE , 1491, at which time they will be publicly opened and the comparative totals read. \ J All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall become payable to the City in case the bidder depositing t',e same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. All bids shall be compared using the estimated quantities prepared by the Engineer and the Unit Prices submitted. No incomplete nor interlineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No federal funds ar-- involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, No bid will be awarded to a Contractor who is not licensed in accordance with the provisions of Division 3 of Chapter 9, "Contracts" of the Business and Professions Code of the State of California. The contract shall not be awarded to any bidder who does not possess the proper classification of license. Notice to Contractors Page 1 of 2 • BID DOCUMENTS(continued) i PROJECT 110-9407A-953 All bids received will be reported to the City Council of Cupertino within thirty(30) days of receipt, at which time the City Council will review and act upon the bids submitted. Award, if any, will be made to the responsible bidder whose proposal is most advantageous to the City. City of Cupertino reserves the right to reject any or all bids, and furt' t :serves the right to delete any item or items from the proposal or to incr� - it decrease the quantity of any item thereof in conformance to the Standb.= a '= ,ecifications and these Special Provisions. The Contractor shall furnish to the City a faithful performance bond and a labor and material bond as required in the specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all sub-contractors, to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7-1.O1A of the Standard Specifications. Payments to the Contractor will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. CITY OF CUPERRTINO By:_ � (/l/G Date: ,.�,c /L 1991 City Clerk �l Published: / 1991 Notice to Contractors Page 2 of 2 c TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCUMENTS Notice to Contractors Proposal Bidder Qualification Fc:rm Sub-Contractors Form Bidder's Signature Form B. GENERAL PROVISIONS Adoption of Standard Specifications Headings and Citations Definitions of Terms Prosecutions -^end Progess of the Work Control of + he Work Legal Relations and Responsibilities to the Public Proposal and Award of Contract C. SPECIAL PROVISIONS Location Scope of Work Time of Completion and Liquidated Damages Preconstruction Conference Inspection and Inspection Costs Traffic Control Record Drawing Warranty Estimated Quantities Explanation of Bid Items Review and Approval Signatures D. CONTRACT E. FAITHFUL PERFORMANCE BOND F. LABOR AND MATERIAL BOND • BID DOCUMENTS(continued) . PROJECT 110-9407A-953 PROPOSAL. TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accord. u.ce with the Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cuperti-no does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the binding procedures. the work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 8 E1D DOCUMENTS(Continued) • PROJECT 110-9407A-953 TIME FOR COMPLETION 1. The street improvements shall be completed on or before , 19_ The actual dates for completion shall be the dates set forth above plus the number of calendar days between July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completiot,t as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID- EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(l) L.S. Install Construction Signing: -rwo -rWn.22!A2ur> rxiya Dollars Lump Sum 2. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: 1�0u 6L Do`%-a f-5 a_ D i'l Pr i ( X hn' $ 4 0 /SF $ 7- 40 Da4laxe per Square Foot 3. 120 L.F. Remove Curb and Gutter: �D�Q-T�►n1 s 1 /LF S li (v8c2 Dollars per Lineal Foot Proposal Page 2 of 8 BID DOGUMENTS(Continued) PROJECT 110-9407A-953 4, ONE(1) L.S. Excavation, Grading 61 Subgrade Preparation: M W Fir. == 026! ,D F 14 M. 0ow0A-JP> Dollars Lump Sum 5. 1 Each Install Handicap Ramp: F1FISrial tj .o $ _/Ea $ Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: 5' 3 DO® Dollars per Lineal Foot $ Z /LF $ 7. 520 S.F. Install 4 Inch P.C.C. Sidewalk: 00 _ L� � Dollars per Square Foot $ /SF $ 3 /2-D S. 30 Ton Install 9" A.C. Deeplift Pavement: T�n ►4 a,�a�F�� �Q u�/«` /Ton $_ Dollars per Ton TOTAL: Proposal Page 3 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of 'Ten Percent (10%) of the bid , which amount represents ten percent(108) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 BID DOCUMENTS(Continued) • PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am Vice President of GRANITE CONSTRUCTION COMPANY (business title) (business name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporationi. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bf.dder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted :he bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 5 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for b9 years. Our experier-..:e in work comparable with that required by the proposed contract is 69 years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . N/A My California Contractor's License Number is 89 The classification of this License is A The expiration date for this License is 5/31/93 Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three(3) years. fear Class, Location of Work and for Whom Performed Amount See Attached Proposal Page 6 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 SUBCONTACTORS FORM The subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name Address Work to be Performed 2. Name Address _ Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 0. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 7 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. See Attached ' TYPE OF BUSINESS NAME OF BUSINESS CORPORATION GRANITE CONSTRUCTION COMPANY CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: R.C. Al britton, Vice. President (Print or Type Name) /17 (Signature) Date: 3ulY 9, 1991 Address(mailing & location) P.O. Box 900, 585 W. Beach St. t Watsonville, CA 95077 Telephone Number :( 408 ) 724-1011 Acknowledgement of all addenda received is required by circling each addendum number. 01 2 3 4 5 6 7 8 9 10 Proposal Page 8 of 8 GRANITE COITSWI.TC IQN MMEANY Officers R.C. Solari Chairman of the Board D.H. Watts President Chief Executive Officer P.M. Costanzo Senior Vice President Manager-HCD Assistant Secretary W.G. Dorey Senior Vice President Manager-Branch Division Assistant Secretary W.E. Barton Vice President Chief Financial Officer Assistant Secretary M.E. Boitano Vice President Assistant Manager-Branch Division Assistant Secretary R.A. Lewis Vice President Assistant Manager-HCD Assistant Secretary R.C. Allbritton Vice President Treasurer Assistant Financial Officer Assistant Secretary M.L. Thomas Vice President Director of Human Resources D.R. Grazian Tax Manager Assistant Secretary A.B. Nickerson Controller Assistant Financial Officer Assistant Secretary R.L. Reddy General Counsel Secretary 1/91 B. GENERAL PROVISIONS 1. ADOPTION OF STANDARD SPECIFICATIONS By this reference, the Standard Specifications of the State of California, Department of Transportation dated January, 1988 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications for PROJECT 110-9407A-953 and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referr--d to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. PROSECUTION AND PROGRESS OF THE WORK a. Noise Control Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: General Provisions page 1 of 14 GENERAL PROVISIONS(Continued) PR03ErT 110-940)A-953 a. Noise Control(Con�.'_L 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. b. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of working or calendar days as shown in the Special Provisions. c. Record Drawing The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. d. RiBht of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. e. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the General Provisions page 2 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Suspension of the Contract(Cont'd) premises, and use the same for the purpose of comrieting said cor, ract. The City may employ other parties to carry the contract to completion, empicy the necessary_ works, hire equipment, substitute ocher machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. f. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4b, above. It is agreed by the parties to the contract that in case all the work called for under the contract, in all parts and requirements, is not finished or completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. General Provisions page 3 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 f. Time of Completion and Liquidated Damages(Cont'd) The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. [See Section 8-1.07. ] General Provisions page 4 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 5. CONTROL OF THE WORK a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Standard Specifications, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory method, as required by the Engineer. The Contractor shall treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspection In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furnish telephone service at all facilities servicing the project. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public. Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. 1 d. Monumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. & G. S. monuments in their proper places until their removal is authorized by the Engineer. Any monuments that have been removed without proper authority shall be replaced at the Contractor's expense. General Provisions page 5 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 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 �'_elivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are reques�_. by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the. Contractor's expense. g,_ Water for Construction Water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from: fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LEGA' RELATIONS AND RESPONSIBILITIES TO THE PUBLIC a. Contractor's moments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such 'Lien, including all costs and a reasonable attorney's fee. General Provisions page 6 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 b. Insurance - Public Liability 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 Cupertino satisfactory proof that the bidder has public liability and property damage insurance in effect for the entire period covered by the proposed contract. The insurance carrier and forms of insurance shall be satisfactory to the City. Said insurance shall name as additional insureds, the City, it's officers and it's employees and shall protect the City against loss or liability for damages resulting from (1) bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from the operations of the Contractor in the performance of the contract. The policy shall not contain the so-called "x" "c" foul, exclusions. The minimum limits of liability for this insurance shall be as indicated in (a) and (b) as follows: Each Person Each Occurrence Aggregate a) Bodily Injury Liability $500,000.00 $1,000,000.00 Property Damage Liability $250,000.00 $500,000.00 b) A single limit for Bodily Injury Liability and Property Damage Liability Combined of $500,000.00 $500,000.00 Insurance coverage in the minimum amounts set forth herein shall nct be construed to relieve the Contractor from liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available under any other provision of the contract, or otherwise by law, except for retaining money due the Contractor. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned types for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public oi: any member thereof. (See State Standard Specifications Section 7-1.12. ] c. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.O1A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Contract Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions page 7 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 d. Prevailing Wages The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01S of the Standard Specifications. e. Resolution of Construction Claims This seccion applies to all public works claims of three tundred seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shall not apply to any claims resulting from a contract between a contractor and the City when the City has elected to resolve any disputes pursuant to Article .1 (commencing with Section 10240) of Chapter 1 of Part 2 of the Public Contract Code. This section applies only to contracts entered into on or after January 1, 1991 and shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994 , deletes or extends that date. As stated in subdivision (c) of Section 20104 of the Public Contract Code, any contract entered into between January 1, 1991 and January 1, 1994, which is subject to this section shall incorporate this section. To that end, these contracts shall be subject to this section even if this section is repealed. The term "Public Work" has the same meaning as in Section 3100 and 3106 of the Civil Code. The term "Claim" means a separate demand by the contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. For any claim subject to this section, the following requirements apply: 1. The claim shall be made in writing and shall. include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may request., in writing, within thirty(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. General Provisions page 8 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Resolution of Construction Claims(Cont'd) (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 3. (a) For claims of over fifty thousand dollars($50,000.00) and less than or equal to three hundred seventy-five thousand dollars($375,000.00) ,the City shall respond in writing to all written claims within sixty(60) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any addition documentation supporting the claim or relating to defenses or claims the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within thirty(30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. 4. If the claimant disputes the City's written response, or the City 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 of the dispute. 5. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits the written claim pursuant to paragraph 1, above, until the time the claim is denied, including any period of time utilized by the meet and confer conference. The following procedures are established for all civil actions filed to resolve claims subject to this section: 1. Within sixty(60) days, but no earlier than thirty(30) days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen(15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty(30) days of the submittal, and shall be concluded within fifteen(15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. General Provisions page 9 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Resolution of Construction Claims(Cont'd) 2, (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of livil Procedure, notwithstanding Section 1141. 11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this section consistent with the rules pertaining to judicial arbitration. (b) In addition to Chapter 2.5 (commencing with Section 1141. 10) of Title 3 of Part 3 of the Code of Civil Procedure, (1) arbitrators shall, when possible, be experienced in construction law, and (2) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 3. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. 4. In any suit filed under Section 20104.4 of the Public Contract Code, the City shall pay interest at the legal rate on any arbitration award or judgement. The interest shall begin to accrue on the date the suit is filed in a court of law. f. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to o death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof from all suits, claims or actions of any name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees. General Provisions page 10 of 14 GENERAL, PROVISIONS(Continued) PROJECT 110-9407A-953 f. Responsibility for Damages(Cont`d) it is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claimi for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6b, above ("Insurance - Public Liability and Property Damage") . [See State Standard Specifications Section 7-1.12. ] 7. PROPOSAL. AND AWARD OF CONTRACT a. Competency of Bidders N11 bidders are required to complete the "Bidder Qualification. Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. General Provisions page 11 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 b. Contract Bonds The Contractor shall furnish two(2) E od and sufficient bonds. Each of the Bonds shall be executed in a sum equal :.o the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02. 1 c. Execution of Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide the contract bonds and insurance certificates required therein within ten(10) days of notification of award of contract. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino. [See State Standard Specifications Section 3-1.03. ] d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. e. Proposal Forms The City will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids containing less than this or bids containing incomplete forms will be disregarded. General Provisions page 12 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Proposal Forms(C-nt'd) All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505. f. Proposal Guaranty All proposals or bids shall be accompanied by cash, cashier's check, certified check, bid bond made payable, in the amount of ten percent(10%) of the bid amount, to the City of Cupertino as guarantee that the bidder, if awarded the contract, will within ten(10) days after notice of award, enter into a contract with the City for the work. g_ Re ection 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. [3ee State Standard Specifications Section 2-1.06. ] h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially .fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 13 of 14 GENERAL PROVIS'IONS(Continued) PROJECT 110-9407A-95S INDEX DESCRIPTION PAGE(S) ADOPTION OF STANDARD SPECIFICATIONS I APPRENTICES(Prevailing Wages) 8 AUTHORITY TO DEVIATE FROM THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 11 CONSTRUCTION CLAIMS 8-10 CONTRACT BONDS 12 CONTRACTOR'S PAYMENTS 6 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS I DUST CONTROL 5 EXECUTION OF CONTRACT 12 HEADING'S AND CITATIONS 1 INSPECTION 5 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 7 LABOR NONDISCRIMINATION 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC(Labor Code 6d) 6-11 MONUMENTATION 5 NOISE CONTROL 1,2 PAYMENT 12 PREVAILING WAGES 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 11-13 PROPOSAL FORMS 12,13 PROPOSAL GUARANTY 13 PROSECUTION AND PROGRESS OF THE WORK 1-4 RECORD DRAWINGS 2 REJECTION OF PROPOSALS 13 RESOLUTION OF CONSTRUCTION CLAIMS 8-10 RESPONSIBILITY FOR DAMAGE 10,11 RIGHT OF WAY 2 SAMPLES AND TESTS 6 SUBCONTRACTORS 13 SU-PENSION OF THE CONTRACT 2,3 TI&', OF COMPLETION AND LIQUIDATED DAMAGES 3,4 UTILITIES 6 WATER FOR CONSTRUCTION 6 General Provisions page 14 of 14 C. SPECIAL PROVISIONS Location The work to be performed under this contract is within the City of Cupertino, County of Santa Clara, State of California on BUBB ROAD at MC CLELLAN ROAD. Scope of Work The work to be performed under this contract is to provide all labor, material, tools, and equipment necessary for the construction of PROJECT 110- 9407A-953 to completion. All work shall be performed in accordance with the plans, specifications, Special Provisions, the City of Cupertino Standard Details and the applicable sections of the Standard Specifications dated January 1988, and the Standard Plans dated January 1988, of the State of California. Time of Completion and Liquidated Damages The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as set forth in the Time and Completion portion of the proposal. The Contractor shall pay to the City of Cupertino the sum of one hundred and fifty dollars ($150.00) per day, for each and every calendar day's delay beyond the dates established in the Contractors' proposal for each and every portion of the completion process. The date for completion shall be determined by the Contractor and shall be specified in the proposal. The value of time as determined by the Engineer will be used in conjunction with the prices bid in determining the most economical proposal. Preconstruction Conference A preconstruction conference will be scheduled by the City within two (2) weeks from the date the contract is awarded. The meeting shall take place prior to the begining of any construction on the project. The meeting will be held in Conference Room "D" at Cupertino City Hall. Inspection and Inspection Costs The work will be inspected by the City of Cupertino and its agent for the electrical portion. Inspection costs for any work done before 8:00 A.M. or after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of thirty five dollars ($35.00) per hour. Traffic Control The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, and flaggers to give adequate warning to vehicular traffic at all times that construction is in progress. No lane closures shall be permitted on BUBB ROAD or on MC CLELLAN ROAD Special Provisions page 1 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 before 9:00 A.M. or after 3:00 P.M. , Monday through Friday except that under conditions of emergency the City may permit, in writing, lane closures before 9:00 A.M. or after 3:00 P.M. The contractor shall maintain a minimum of one(l) travel lanes in each direction for traffic on MC CLELLAN ROAD and one(1) travel lane in each direction for traffic on BUBB ROAD at all times. Record Drawings The Contractor, upon completion of PROJECT 110-9407A-953, shall furnish and submit a set of accurate "Record Drawing"plans. Warranty , The supplier and/or Contractor shall warrant all equipment and installation work against failure for a period of one(1) year. Any equipment failure during this period will be corrected at the expense of the Contractor including materials, labor and all other expenses which are necessary to correct the failure. The expenses shall include all costs incurred by the City, including but not limited to wages, materials or City's Contractor expenses, etc. necessary to ascertain the nature of the defect and to take appropriate action pending the arrival of the supplier's representative. Any work at the intersection by the supplier or Contractor will require the presence of City representative whose time will be charged to the Contractor. The City undertakes to advise the Contractor or supplier immediately that a warranty failure is believed to have taken place. The City will carry out no more work than necessary to restore reasonable order at the intersection. In the event the Contractor has not taken over the matter within twelve(12) hours of notification the City reserves the right to carry out the correction necessary or hire whomever it deems suitable to do so. The cost of all such work shall be charged to the Contractor. In the event of the failure of any module or installation, the warranty on that unit or installation shall be extended for a period of three(3) months after the initial warranty period. If further failures occur, further three(3) month extensions will be provided until proper operation for a contiuous period of three(3) months has been achieved. Special Provisions page 2 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 Estimated Quantities It is specifically pointed out that the quantities listed in the proposal and specifications are estimates only and being given on a basis of comparison of bids. The City of Cupertino does not agree that the actual amount of work will correspond, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit items or portions of the work that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE CONTRACT QUANTITIES WITH NO CHANGE IN UNIT PRICE BID. Item Description Est. Qty. Unit 1. Install Construction Signing One(1) L.S. 2. Remove Existing Sidewalk & Handicap Ramp 520 S.F. 3. Remove Curb & Gutter 120 L.F. 4. Excavation, Grading, & Subgrade Preparation One(1) L.S. 5. Install Handicap Ramp 1 Each 6. Install Type A2-6 Curb & Gutter 120 L.F. 7. Install 4 Inch P.C.C. Sidewalk 520 S.F. 8. Install 9" A.C. Deeplift Pavement 30 Ton Explanation of Bid Items BID ITEM No. 1 - INSTALL CONSTRUCTION SIGNING This bid item shall include all costs for providing and installing construction signing as shown or described on the Contract Plans. The base material of construction area signs shall be metalic or a material approved by the City's Traffic Engineer and the sign face material shall be reflective. BID ITEM No. 2 - REMOVE EXISTING SIDEWALK AND HANDICAP RAMP This item shall include all costs per square foot of demolition, removal and disposal of existing concrete sidewalks and handicap ramps including saw cutting. BID ITEM No. 3 - CURB AND GUTTER REMOVAL This item shall include all costs per lineal foot for demolition, removal, and disposal of existing curb and gutter including saw cutting. BID ITEM No. 4 _ EXCAVATION.- GRADING AND SUBGRADE PREPARATION This bid item shall include all costs required or necessary to complete the following work: A. The excavation or filling of the area of work to the limits and subgrades specified on the plans. This item shall include excavation and removal from the site of any A.C. paving, P.C.C. concrete, base rock and soil for which there is not a specific bid item. B. Final grading and compaction of the subgrade in accordance with section 19-5.03 of the Standard Specifications excepting the second paragraph therefrom. Special Provisions page 3 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 C. The limits of work are all areas to receive improvements including but not limited to grading and paving. D. All transportation and disposal of unsuitable materials, including dumping fees, as directed by the Engineer. E. The Contractor shall exercise all due care during the excavations and grading work to insure no damage to private property occurs. If damage should occur, repair shall be at the Contractor's expense. F. The Contractor shall have an adequate non-potable water truck on site during all operations. The Contractor shall employ this truck, and others, if required, to control the creation of dust and the problems associated with dust. At the direction of the City Engineer, the Contractor shall water, with the appropriate equipment, areas of possible dust creation, and all costs for this work shall be included herein. Section 18 of the Standard Specifications, as modified herein, shall apply. All water used for dust control shall be non- potable. G. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in section 7-1.13, of the Standard Spesifications. BID ITEM No. 5 - INSTALL HANDICAP RAMPS This bid item shall include all costs per each for providing, placing, and finishing handicap ramps Type B in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications. Class B concrete shall be used and shall conform to Section 90 of the Standard Specifications. The bid per each shall include but not necessarily be limited to the following: 1. Install all required aggregate base material to a minimum thickness of four(4) inches under the ramps, curbs and gutters, in conformance with Section 26 of the Standard Specifications, as applicable. 2. Install all wood forms required for curbs, gutters or handicap ramps. 3. Install Portland Cement Concrete to a minimum thickness of four(4) inches in sidewalk areas and six(6) inches in gutter areas, in conformance with Section 90 of the Standard Specifications, as applicable. BID ITEM No. 6 - INSTALL TYPE A2-6 CURB AND GUTTER This bid item shall include all costs per lineal foot for providing, placing, and finishing type A2-6 concrete curb and gutter in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications, including four(4) inch CL, II, three fourths (3/4) inch maximum aggregate base cushion. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 7 - INSTALL 4 INCH P.C.C. SIDEWALK This bid item shall include all costs per square foot for providing, placing, and finishing concrete sidewalk including four(4) inch Class II three fourths(3/4) inch maximum aggregate base cushion and conforming to Special Provisions page 4 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 Sections 73-1.04 and 73-1.07 of the Standard Specifications. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 8 ` INSTALL 9 INCH DEEPLIFT A.C. PAVEMENT This item is bid per ton and shall include all costs for providing, placing, and compacting asphalt concrete(A.C.) on compacted subgrade, (95% relative compaction) of the thickness and at the locations shown on the plans. This bid item also includes all cost for g a providing "r P p 2 itch concrete cap 01th 2 'Lfth Aix. overlay where the deep-lift section is less than 3 feet Wide. Paint binder and seal coats shall be included in this bid item. All coarser shall be Type B(1/2 inch max.) medium grade asphalt concrete and in accordance with Sections 39.2, 92, and 93 of the Standard Specifications. The A.C. shall be put down in tbre'e(3)1- inch,> lifts. The method of spreading shall be at the discretion of the City Inspector. REVIEW AND APPROVAL SIGMA S Reviewed by; Rev w 0 Travice W. Whit Glenn M. Grigg Assistant City Engineer Traffic Engineer Approv by- )t BFector J. is vich D of ublic Works Date Gb Special Provisions page 5 of 5 CONTRACT FOR PUBLIC WORKS This CONTRACT made on 1991 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTORS NAME, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor,transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above Agreed to be done, the sum of CONTRACT AMOUNT, subject to additions and/or deductions as provided in the Contrast Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the woric done, or any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LWJ. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of L=ie public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for Pxs..--ialar-ic+n at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitra`-ion Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the proposal and the Specifications of this project. If CONTRACTOR shall be delayed 'In the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise„ or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall. notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insoivency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrangewents for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Contract Page 3 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 13, THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors for labor and services rendered and materials furnished in and about the work. CITY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial. determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTORS NAME, ADDRESS postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 17, WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all sub-contractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by CONTRACTOR. In signing this Contract CON-TRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section. 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment: and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a seperate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurances or conditions and effects: earthquakes and tidal waves, when such occurances or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any sub-contractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and SPecificati.ons or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one(1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 6 r CONTRACT FOR PUBLIC WORKS(Continued) .PROJECT 110-9407A-953 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO CONTRACTORS NAME ADDRESS By: By: Mayor Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: '1991 City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney Contract Amount:CONTRACT AMOUNT Account Number: Purchase Order Number: Contract Page 6 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 TAI7'HFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, CONTRACTORS NAME as Principal, and as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of CONTRACT AMOUNT lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated ,1991 with the Obligee to do and perform the following work to-wit: STREET IMPROVEMENT BUBB ROAD at MC CLELLAN ROAD PROJECT 110-9407A-953 NGW, THERFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 1991. (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTORS NAME Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of '1991. Faithful Performance Bond Page 1 of 1 tl 7 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and CONTRACTORS NAME hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of STREET IMPROVEMENT BUBB ROAD at MC CLELLAN ROAD, PROJECT 110- 9407A-953, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, CONTRACTORS NAME as Principal, and as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and. materials, whose claim has not been paid by Principal or by any other person, in the .just and full sum of CONTRACT AMOUNT. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 a � t CONTRACT FOR PUBLIC WORKS(Contnued) PROJECT 110-9407A-953 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this day of , 19 (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTORS NAME Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,1991. Labor and Material Page 2 of 2 a cft4 of Cu r""O 1a:3!IO Tutti�Avc�nur Cupeetim.CA 95,914-3255 P.O.Box Sm Tclrphone:(4081 252 4505 Cuprnino.CA 95915-OSW EAX:(400)252-w7 f �5 PURI IC WORKS WPARTMENT i JUM 28, 1991 File.- 74,297.2 ADDEND7UN No. 1 PFCaWr 110-9407A,-953 5 a+miLi vomm BUBB MAD at MOCGECIAN RM Y, BID OFENnC 2.00 P.m. ! 'L .. JULY 9, 1991 T4xe plan sheet for' Project 110-9407A-953 is amended to include one C18 "IMD OMSTRUC1*ION AHEAD, sign and post. Bid Item N►nnber one. by: OF E e r .[3irectar of Public �Torks .j a � 3 Revised 07/01/91 NOTICE OONSTWCTICK TAXES REGULATE© BY ORDINWCE #1224 Section 3.32.045 required adjuatunts using all urban consumers, all items index published by the United States Ligart:m t of Labor, Bureau of Labor Stat .stics. Mis adjusted fees are as of July 1, 1991, based on the latest publication of the May, 1991 Index. New CPI=418.8, previous CPI=418.5, Residential and Mobile Ham lots, $329.83. Industrial, office, and ommercial, Quasi-Public $1.37. Hotel and Note S109.95 JA:cada CONSTrX(BIDG2/3) GRANITE CONSTRUCTION COMPANY PROJECT COMPLETED IN 1990 (Excludes Joint Ventures) Value of Work Job # Type of Work Performed Location of Work For Whom Work Performed 1-362 Construct E!Tressway 13,952,818 Hollister, CA CA Dept of Transportation 5-320 Site Work 4,147,547 Folsom,CA Natoma Station 483 Investors 6-046 Gradin Structures-Concrete 28,893,366 Waxahachie,TX TX Hwy & Public Trans. 6-061 Fish By Pass Facilities 15,691,670 Red Bluff,CA U. S. Bureau of Reclamation 7-259 Hwy Rehab 3,107,890 Santa Barbara, CA CA Dept. of Transportation 12-187 Widen Highway 3,385,753 Santa Clarita, CA CA Dept. of Transportation 12-188 Stockdale Highway Bride 2,435,388 Bakersfield, CA City of Bakersfield 12-203 Test Facility Site Pre aration 14,732,158 Cantil,CA American Honda Motor Corp. 14-203 Canal Repair 2,691,062 Gustine, CA CA Dept. of Water Res. 15-328 Realign Roadway Reconstruct Bridges 3,245,096 Farmington,CA CA Dept. of Trans ortation 15-338 Subdivision 10,159,888 Stockton,CA Lon Communities Inc. 16-W Paradise Pond Outfall 2,347,232 Reno,NV City of Reno 16-152 U.S. 50 Carson City to Dayton 5,156,850 Carson Ci , NV NV Dept. of Transportation 16-399 Sparks Interchange 12,900,887 Sparks, NV NV De t. of Transportation 17-359 Roadwa ,Brid e,Storm Drain 6,970,930 Tucson,AZ Pima County De t. of Trans. 184)66 Storm Drain 2,628,063 Phoenix,AZ AZ Dept. of Transportation 19-048 Lick Mill Blvd. Extension 8,561,822 Santa Clara, CA City of Santa Clara gk 19-049 Site `Mork 2,032,643 Santa Clara, CA Rudolph& Sietten 19-074 Site Work 2,046,441 San Jose,CA Bo and Construction Various 280,077,430 3/91 -GRANITE CONSTRUCTION COMPANY PROJECTS COMPLETED IN 1989 (Excludes JointVentures) Value of Work Job # Type of Work Performed Location of Work For Whom Work Performed 2-202 Housing Site Preparation 2,751,000 Ft. Ord, CA Hunt Building Corporation 2-231 Housing Site Preparation 2,547,010 Ft. Hunter Liggett, CA Hunt Building Corporation 3-187 Highway Overlay 4,926,677 Monterey County, CA CA Dept. of Transportation 5-292 Site Preparation 10,384,115 Roseville, CA Johnson Ranch Joint Venture 5-296 Assessment District 6,387,623 Sacramento, CA City of Sacramento 5-319 Auto Mall Site Preparation 3,879,402 Roseville, CA Roseville Auto Mall Partnership 6-055 Sediment Control 67,985,008 Mt. St. Helen Dam, WA Corp of Engineer 6-059 Site Development 28,961,225 Las Flores Canyon, CA EXXON Corporation 6-060 Grading, Paving 2,267,516 Lubbock, TX TX State Hwy 8 Public Trans. 7-133 Lane Widening Hwy 101 18,730,769 Santa Barbara, CA CA Dept. of Transportation 11-089 Oxidation Ponds Sewerwater 2,275,267 Palmdale, CA LA County Saoltation District 12-135 Street Improvements 2,294,891 Bakersfield, CA East Hills Associates 12-145 Construct Underpass 2,640,087 Bakersfield, CA City of Bakersfield 14-175 Liner Systems 4,161,949 Kettleman Hills, CA Chemical Waste Management Inc. 14-184 AC Overlay 2,909,723 Fresno, CA Frenso County Public Works 16-081 Leach Pad.-Phase 11 3,228,564 Pershing County, NV Coevr Rochester Inc. 16-083 Foothill Overlay 2,710,658 Carson City, NV NV Dept. of Transportation 16-098 Apron Reconstruction 2,253,480 Reno Cannon- Airport, NV Airport Authority of Washoe Co. 16-368 Interchange Hwy 395 11,545,917 Golden Valley NV N.', Dept. of Transportation 0 16-387 Overlay/Chip Seal 2,667,403 Spooner Summit, NV NV Dept. of Transportation 17-316 Valencia Rd. Bridge 2,746,027 Pima County, AZ Pima County Dept. of Trans. 17-341 Central Distribution Sys. II 5 111 4,062,653 Elroy, AZ Maya Construction Company 17-345 Overlay Benson Hwy 2,276,037 Tucson, AZ AZ Dept. of Transportation L17-346 Widening, Resurfacing Pard Roads 3,012,448 Lake Patagonia, AZ AZ Dept. of Transportation 17-364 Reconstru,.,t Hwy 85 3,558,012 Tucson, AZ AZ Dept. of Transportation GRANITE CONSTRUCTION COMPANY PROJECTS COMPLETED IN 1989 (Exiudes Joint Ventures Value of Work Job # ape of Work Performed Location of Work For Whom Work Performed 19-043 A-111 Fill Project 2,288,784 San Jose, CA Santa Clara County Transit 19-046 Paving, Widening 2,325,142 Santa .Clara, CA King Entertainment Corp. 19-361 Overcrossing 2,023,418 Santa Clara, CA CA Dept. of Transportation Various 290,100,914 Various Various $4979901,728 s Ian GRANITE CONSTRUCTION COMPANY PROJECTS COMPLETED IN 1988 (Excludes Joint Ventures) Value of Work Job # Type of Work Performed Location of Work For Whom Work Performed 01-309 Light Rail 5,095,298 Santa Clara, CA Santa Clara County 01-329 Grade, Pave Structures 4,951,530 San Jose, CA City of San Jose 01-333 Grade, Pave E Concrete 2,511 ,475 San Jose, CA City of San Jose 04-396 Seawall 2,495, 100 Pacifica, CA City of Pacifica 04-398 Site Preparation 4,307,927 Capitola, CA Rudolph & Sletten 05-263 Sports Complex 12,866,677 Sacramento, CA Capital Gateway Venture 05-274 Overlay 10,071,433 Sacramento, CA CA Dept. of Transportation 06-039 Highway E Bridges 19,893,319 Bird Bear Creek, TX TX Hwy 8 Public Transportation 06-041 Highway & Bridges 24,555,390 Tulia, TX TX Hwy to Public Transportation 06-045 Aqueduct Reline 4,187,206 Salt Lake City, UT Bureau of Reclamation 06-057 Overburden Removal 2,362,689 Kayenta, AZ Peabody Coal Company 07-141 Assessment District 10,068,780 Oxnard, CA City of Oxnard 11-058 Grade 6 Pave, 2,411,865 Lancaster, CA City of Lancaster 12-064 Widening Bridge 5,975,022 Bakersfield, CA City of Bakersfield 12-073 Site Preparation 3,535,903 Bakersfield, CA Rancho Laborde Development 12-097 grade & Pave 2, 146,464 Bakersfield, CA Nuhahn Inc. 12-391 Ramps 2,112,177 Bakersfield, CA CA Dept. of Transporation 14-151 Widening Highway 6,692,841 Fresno, CA CA Dept. of Transportation 14-172 Excavation 3,131,042 Kettleman City, CA Chemical Waste Management i 17-277 Canal 12,685,430 Stanfield, AZ Bureau of Reclamation 17-296 Bank Protection 2,245,886 Tucson, AZ Pima County 18-051 Bridges 4,923,900 Flagstaff, AZ AZ Dept. of Transportation 18-052 Chip Seal Program 3,399. 172 Phoenix, ;Z City of Phoenix Various 286,012,125 Various Various $438,638,651 2/89 7i CITY OF CLPERTINO DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS PROJECT 110-9407A-953 STREET IMPROVEMENT BUBB ROAD AT MC CLELLAN ROAD BID OPENING 2:00 P.M. TUESDAY JULY 9, 1991 Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, California 95014 A. BID DOCUMENTS NOTICE TO CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 STREET IMPROVEMENT, on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953. The City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled STREET IMPROVEMENT, on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7 of the General Provisions for full directions as to bidding. Sealed proposals will be received at the office of the City Clerk, City Hall, City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M. on + Wn . , 1991, at which time they will be publicly opened and the comparative totals read. All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall become payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. All bids shall be compared using the estimated quantities prepared by the Engineer and the Unit Prices submitted. No incomplete nor interlineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, No bid will be awarded to a Contractor who is not licensed in accordance with the provisions of Division 3 of Chapter 9, "Contracts" of the Business and Professions Code of the State of California. The contract shall not be awarded to any bidder who does not possess the proper classification of license. Notice to Contractors Page 1 of 2 • BID DOCUMENTS(corntinued) PROJECT 110-9407A-953 All bids received will be reported to the City Council of Cupertino within thirty(30) days of receipt, at which time the City Council will review and act upon the bids submitted. Award, if any, will be made to the responsible bidder whose proposal is most advantageous to the City. The City of Cupertino reserves the right to reject any or all bids, and further reserves the right to delete any item cr items from the proposal or to increase or decrease the quantity of any item thereof in conformance to the Standard Specifications and these Special Provisions. The Contractor shall furnish to the City a faithful performance bond and a labor and material bond as required in the specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all sub-contractors, to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7-1.O1A of the Standard Specifications. Payments to the Contractor will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for 'coneys withheld and shall receive any interest thereon. CITY OF CUPERTINO By: �s . / Date: d,"ca- 1991 City Clerk Published: 1991 Notice to Contractors Page 2 of 2 TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCUMENTS Notice to Contractors Proposal Bidder Qualification Form Sub-Contractors Form Bidder's Signature Form B. GENERAL PROVISIONS Adoption of Standard Specifications Headings and Citations Definitions of Terms Prosecutions and Progess of the Work Control of the Work Legal Relations and Responsibilities to the Public Proposal and Award of Contract C. SPECIAL PROVISIONS Location Scope of Work Time of Completion and Liquidated Damages Preconstruction Conference Inspection and Inspection Costs Traffic Control Record Drawing Warranty Estimated Quantities Explanation of Bid Items Review and Approval Signatures D. CONTRACT E. FAITHFUL PERFORMANCE BOND F. LABOR AND MATERIAL BOND BID DOCUMENTS(continued) PROJECT I10-9407-,-953 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA, 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 TIME FOR COMPLETION 1. The street improvements shall be completed on or before_� �fr% 19t . The actual dates for completion shall be the dates set forth above plus the number of calendar days between July 9, 1991 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: ,�/rat'�1'_' ���.•r J%L-C�� o- $ �3 5 Dollars Lump Sum 2. 520 S.F. Remove Existing Sidewalk and Handicap Ramp: $ SF $ Dollars per Square Foot 3. 120 L.F. Remove Curb and Gutter: JLF Yell Dollars per Lineal Foot Proposal Page 2 of 8 WATTIS CONSTRUCTION' CO. INC. `B I,D DOCUKENTS(Continued) PROJECT 110-9407A-953 4. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: l�1l`•"G'' r�i✓i� .l��f/c..c`��� f�L',rt>'Vi�<::� .,�� �{ e Dollars Lump Sum 5. 1 Each Install Handicap lRamp* C•t'? Dollars per Each 6. 120 L.F. Install Type A2-6 Curb and Gutter: $ i. /LF $ _ C` Dollars per Lineal Foot 7. 520 S.F. Install 4 Inch P.C.C. Sidewalk: v. (l6w $ �JSF $ �. Dollars per Square Foot 8. 30 Ton Install 9" A.C. Deeplift Pavement: CC) /Ton $ Dollars per Ton TOTAL: $ f Proposal Page 3 of 8 WATTIS CONSTRUCTION. CO. INC. BID DOCL74ENTS(Continued) PROJECT 110-9407A-953 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in .ae manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ Bidders Bond , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. Proposal Page 4 of 8 91-024 BUBB ROAD AT McCLELLAN 3 of 3 PROJ. 110-9407A-953 • s BID DOCUMENTS(Continued) PROJECT 110-9407A-953 NONCOLLUSION AFFIDAVIT 1, the undersigned, being first duly sworn, deposes and says that I am VICE PRESIDENT of WATTIS CONSTRUCTION CO. INC. (business title) (business name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and rot collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 5 of 8 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I. the undersigned, submit the following statements as to my experience and qualifications to perform this wark as a part of this proposal. We have been in business under the present name for. :73 years. Our experience in work comparable with that required by the proposed contract is 33 years operating under our current business name. Our experien in work comparable with that required by the proposed contract is Al years operating under the following different business name(s) . My California Contractor's License Number is California Lic. 178236 The classification of this License is The expiration date for this License is EXP- 12-31-92 Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. The following is a an example of work sim'lar in character to that required in the proposed contract which our organization or personnel in our organization hats completed within the past three(3) years. Year Class, Lo,ation of Work and for Whom Performed Amount Proposal Page 6 of 8 WATTIS CONSTRUCTION CO. INC. BID DOCUMENTS(Continued) PROJECT 110-9407A-953 SUBCONTACTORS FORK The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount it excess of one!-half of one pereent(0.58) of the total bid are listed below. Only those listed shall perform work on this project. P P j 1. Name Address > fl fit/ -=C �f"itf �`v',°`. J � _ t . 1 ='✓ Z. Work to be Performed L 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Nave Address Work to be Performed 7. Name Address We rk to be Performed Proposal Page 7 of S WATTIS CONSTRUCTION CO. INC. STATE OF CALIFORNIA ss. COUNTY OF Santa Clara I A On this _ t h .—day of J u 1 v in Me year 19_91, before me, the undersigned, a Notary Public in and for said State, personaliy appeared xxxxx C. Michael Lana Vice President of xxx-xxxxxxx xxxxx Wattis Construction Co. . Inc. , personally known to me _ (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument on behalf of the Corporation therein named,and acknowledged to me that 'A,�SHARON M VALENTINE,gL',FCANVA NIA the Corporation executed it. k uI :NGTAH`r PUBLC CLAP:A COUNTY r Sept.ltl,1933 WITNESS my hand and official seal. my commission Expi,es J „ • I, Notary Public in and for said State ACKNOWLEDGMENT—Corporation—Wolcotis Form 222CA-X—Rev.5.82 ©t982WOLCOTTS.INC. (PM CIass8-21 BID DOCUMENTS(Continued) PROJECT 110-9407A-953 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE, TYPE OF BUSINESS NAME OF BUSINESS CORPORATION WATTIS CONSTRUCTION CO. INC CO-PARTNERS::I'P: PAUL L. WATTIS, JR., PRESIDENT INDIVIDUAL C. MICHAEL LAND, VICE PRESIDENT JOINT VENTURE PAUL L. WATTIS,IS, JR., CFI OTHER WiDY L. ANGELESuO, SECRETARY (Describe) Name and Signature of Bidder: C. MICHAEL LAND, VICE PRESIDENT (Print or Type Name) �--� (Signature) Date: `r1 i? } 1 9 Address(mailing A location) WATTIS CONSTRUCTION CO., INC. 964 Stockton Avenue: San Jose CA 95110 (408) 293-3669 Telephone Number : ( ) Acknowledgement of all addenda received is required by circling each addendum number. �l 2 3 4 5 6 7 8 9 10 Proposal Page 8 of 8 COR UCto:'s List ar UMUM Mattis Cosstractioo co., Inc. 964 Stockton ivesse Sao Jose, Ci 15119 Bate Incorporated: July, 1958 License In.: Califonia A-175236 JOB 8 TRAR PROJtCT Mul ONiRR -- -- --- ------------------------ ------------ ----------------- 1965 Grade i Pave 43,100.00 Soinerton i Nallerg 1965 Grade i Pave 35,000.00 Rood Corp. 1965 Grade i Pave 90,000.50 City of Saratoga 1965 A.C. 20,000.00 City of Campbell 1965 Grade i Pare 18,000.00 City of Los Gatos 1965 Grade i A.C. a CYR 11,800.00 City of Sunnyvale 1966 Grade i Pave 100.100.00 City of Saratoga 1966 Grade i Pave 65,000.00 City of Los altos 1966 Grade i Pave 30,001.00 united technology 1966 Grade i Pave 13,230.00 Giaconmassi Bros 1967 Rquipoeat Rental 154,811.00 Co. of Santa Clara 1967 Grade a Pave 26,250.00 L.G. Driskell - 1967 Paving RanOay 13,560.00 'Vortelyou i Cole - 1967 Grade i Pave $1,959.00 City of it. lien - 1967 Grade, A.C. i Cone. 0,928.00 City of It. lien 1967 Grade a Pave 6,945.00 B.A.I. 1967 Grade i Pave 36,430.00 t. Bona Sara 1967 Grade i Pave 33,950.00 C.N. Behnke 1967 Grade A Pave 23,483.00 Barnhill Coast. Co. 1967 Grade, Pave A Cone. 28,137.00 Continental Serv. Co. 1967 Grade, Pave i Conc. 30,102.00 Capital Construction 1967 Grading 12,456.00 (lest Pae. R.B. 1967 Paving 3,380.60 Std. Oil Co. of Ch. 1968 Grade i Pave i Conc. 6,253.00 Nest Valley ford 1968 Grade a Pave 4,620.00 West Pac. R.R. 1968 Paving 22,890.00 S.N. Hahn, Inc. 1968 Grade i Pave 23,921.00 City of San Jose 1968 Grade, Pave i Conc. 9,576,00 City oe San Jose 1968 Grade i Pave 13,325.00 Northridge Indust. 1968 Grade i Pave 11,656.00 City of San Jose 1968 Grade i Pave 7,282.00 B.R. Sparks 1968 Grade i Pave 5,218.00 Roof Structures 1968 Grade i Pave 83,320.00 Jackson Bros. 1968 Grade i Pave 14,851.00 International Aineral 1968 Street Iaprvts. 8,960.00 Vagabond Rotor Hotel :0111.07 Page 1 of 16 159 uffo1'S Lin Of W11I11C1 lattia Coaatroctios Co., INC. JOB 1 i1/1 PIOJICT 1151I 01111 ---- ---- ------------------------ ----------- ------------------ 1968 I.C. Pave 23,775.00 I.D. Saitl, Ise. 1969 I.C. 6,263.00 I.D. Saitl, Iac. 1969 Grade i Pave 26,449.00 teseliag laterprisee 1969 Street Ieprvts. 9,179.04 Better Bldrs.-S.D. 1169 Grade i Pave 46,099.00 City of Salta Clara - 1969 Street loprvts. 7,698.00 Iodge,Liadguistdclely 902-02 1969 Street Iaprvte. 15,864.00 City of Sam Jose - 1969 I.C. Overlay i Pateb 5,788.00 Retain Berms - 1969 Grade i Pave 8,263.00 Norris Construction - 1969 Grade, Pave i Conc. 11,599.00 lecter Nfg. - 1969 Street Ieprvts. 77,492.00 Duckett-Nilsoa - L.A. 906-07 1969 Grade i Pave 48,090.00 Bodge,Liadquioulclely 905-05 1969 Street Iaprvte. 32,751.00 Better 11drs.-S.D. 904-04 1969 Grade i Pave 5,330.00 Petroleum ingiaeering 904-01 1969 Street loprvts. 14,619.00 Duckett-lilsom - L.A. 903-04 1969 Grade i Pave 158,000.00 Co. of Salta Clara 905-D1 1969 Grade i Pave 159,771.00 Co. of Salta Clara 901-07 1969 Grade i Pave 7,987.00 Norris Construction 903-05 1969 Street loprvts. 9,079.00 Central Coast Coast. 903-06 1969 Grade i Pave 11,321.00 George N. Piaaa 902-01 1969 Grade i Pave 15,756.00 Bodge,LiadquistUcleiy 905-04 1969 Grade i Pave 6,770.00 Norris Construction 907-01 1969 St. lap./Onsite Pay. 5,346.00 Better Bldrs.-S.D. 907-02 1969 St. lap./Onsite Pay. 8,857.00 Better Bldrs.-S.D. 907-05 1969 lquipsent Rental 3,500.00 Div.of IVY.-St.of CA 907-10 1969 Grade, Pave St. Imp. 19,681.00 City of San Jose 907-11 1969 bzadc, Pere St. lop. 11,791.00 City of San Jose 908-03 !^SS9 Grade, Pave St. lap. 38,090.00 lalt Sanders 909-01 190 lquipsest Rental 373,414.00 Co. of Santa Clara 909-02 1969 Paving 7,250.00 City of Santa Clara 909-03 1969 A.C. Overlay 6,300.00 Int. Ninerals i Cbea. 909-04 1969 Street Ioprvts. 7,682.00 Belfast Beverage 910-05 1969 Paving 17,781.00 Gulf Oil Company 912-02 1969 Grade i Pave 29,200,00 Rimer J. freetby Co. 912-03 1969 Concrete Paving 7,663.00 Roseudia Ilectric 912-05 1969 Grade i Pave 46,839,00 Town of Los Gatos 002-01 1970 Grade, Pave i Conc. 12,053.00 Rose i Josepb Blooa 003-02 1970 Rquipaeat Rental 32,000.00 Div.of Ivy.-St.of CA 004-01 1970 Paving 9,020.00 Osborn Construction AM1.07 Page 2 of 16 C"l-S LISt of QP111m Mattis t mtrsctios Co., Ise. JOt 0 ILI PROJ1Cl y1L81 Ovelt ------ ---- ------------------------ ----------- ------------------ 014-02 1970 Street Isprvte. 13,80*.00 City of San Jose 006-03 1910 Grade 4 fave 303,110,00 State of Calif. 106-06 1970 lquipseat Rental 289,147.00 Co. of Santa Clara 007-03 1970 Grade 0 Pave 7.210.00 City of San Jose 007-04 1970 Street Isprvts. 13,148,00 City of losie Sereso 008-01 1970 Grade b Pave 18,292.00 George T. Devack 008-03 1970 Street Isprvte. 62,684,00 City of Pleasanton 008-04 1970 Street Isprvte. 5,683.10 ire. Gray Stabl an 009-02 1970 Street Isprvts. 10,092.00 City of Saratoga 009-03 1970 Trench Paviag 8,510.00 load Corporation 009-04 1970 Paring 26,600.00 Aillias P. Ras 010-02 1970 Grade 1 Pave 34,820.00 valley of the Boos 012-02 1910 a.C. 4 Pave 12,085.00 Oec3r C. Bolas 102-01 1911 Grade, Pave St. Iap. 11,624.00 llso Pardisi 102-02 1971 Grade d Pave 16,155.00 1lso Pardini 103-02 1971 Bguipsent Rental ,115,862.00 Co. of Gaeta Clara 104-01 1971 Grade d Pave 0,788.00 I.N. Caring 106-02 1971 Street Isprvte. 1531i.00 Cooper-Challen 107-01 1971 Grade 1 Pave 34,461.00 Icoaa 4 Drees 107-06 1971 Grade, Pave St. Iap. 22,339.00 lacLaughlin t Co. 107-07 1971 lguipsent Rental 314,44.00 Co. of Santa Clara 110-14 1971 Grade, Pave 1 Oasite 14,710.00 lacLaughlin A Co. 110-06 1971 Grade E Pave 15,765.00 S.J. Onif. Sch. Dist. 110-07 1971 Grade k Pave 12,107.00 N. 4 R. lnterprises 112-02 1971 Street Isprvts. 13,160.00 S.P. transp. Co. 202-03 1972 Grade A Pave 25,968.00 lacLaugblin 6 Co. 204-01 1972 Grade, Pave St. Iop. 11,763.00 Don Was Chevrolet 205-01 1072 Grade 4 Pave 16,492.00 Salford Shopping Center 205-05 1972 A.C. Paviag 27,020.00 loos of Los Gatos 206-04 1972 Street Isprvts. 117,052.00 County of Sonora 207-03 1972 Street Isprvte. 19,124.00 Roy lobar& 208-01 1972 lquipsent Rental 605,600.60 County of Santa Clara 209-01 1972 Street Iaprvte. 25,373.00 Perroti Const. Co. 210-03 1972 Street Isprvte. 16,402.00 Rosendin tlectric 210-04 1972 Grade, Pave St. Isp. 11,798.00 Paul Oenaka 301-01 1973 Street Isprvt&. 31,794.00 City of Palo Alto 301-02 1973 Street Isprvts. 114,90.00 lark Tbosas 303-01 1973 Grade 4 Pave 43,000.00 Na6aoghlie 8 Co. 304-02 1973 Grade, Pave 0 Cow 14,060.00 S.J. Ooif. Scb. Dist. :01I1.07 Page 3 of 16 i G0 XIAC1O1'S LIST of UP11=1 littis Coamtrectioi Co., lie. JOB 0 Tt&1 HOW? 4181 ow ------ .... ........................ ----------- ------------------ 304-04 1913 be., Ord., ft., Offmite 207.519.00 lir Presets 304-06 1973 Street Imprvts. 29,173.00 City of Sao Jose 304-07 1973 Street Isprvts. 21,371.60 loseadin Electric 304-08 1913 Grade & Pave 16,000.00 facLamghlis & Co. 316-02 1973 Grade & Pave 49,564.00 Co. of Santa Clara 306-05 1973 Grade & Pave 61,941.00 Co. of Santa Clara 306-08 1973 Grade, Pave & Offaite 18,011.00 J.N. k11ey Coast. 307-01 1973 Igeipssat Rental 349,506.00 Co. of Santa Clara 307-02 1973 Street Ioprvts. 1,067.00 Dr. A.L. Kelly 308-01 1973 Pave & Seal 6,480,00 S.J. Uiif. Sch. Diet. 308-02 1973 Pave T & I St. Division Hap. 308-04 1973 Pavement Repair 21,077.00 Lusty Stores, lac. 308-05 1973 Pavement Repair 16,870.00 Lucky Stores, lac. 305-06 1913 Grade, Pave, St. lop. 33,650.00 C.N. 8ehsie O.C. 308-08 1973 Grade & Pave 51,160.00 Co, of Santa Clara 309-01 1973 grade, ➢oet 5,611.00 City of 8ilpitas 309-02 1973 lepair Pavement & Pave 7,662.00 Santa Clara Properties 309-03 1973 Grade & Pave 12,670.00 ling loses, Inc. 309-04 1973 Grade & Pave 23,433.00 L.C. Dristell-G.C. 310-03 1973 A.C. Patch & Seal 2,575.00 Nestern forge 310-04 1973 Grade & Pave 24,302.00 L.P. Jones Coast. 310-06 1073 Grade & Pave 5,460.00 Seven Trees Church 310-07 1973 Grade & Pave 5,665.00 General Electric 310-06 1973 eguipmeat Rental 247,439.00 Co. of Santa Clara 310-09 1973 Grade & Pave -1,000.00 Cron by Products 310-10 1973 Patch A.C. 3,'i00.00 Ielloa Cab Company 311-01 1973 Grade, Pave, St. lop. 117,957.10 Co. of Santa Clara 311-04 1973 A.C. Pave, St. Imp. 20,000.00 I.J. lipse 311-05 1973 Grade & Pave Unit Price IacLaaghlin & Co. 311-06 1973 A.C. Pave Unit Price Iicaoff Coast. Co. 312-01 1973 A.C. Pave & Repair 2,936.00 first Covenant Church 312-02 1973 A.C. Pave 7,500.00 Pacific Iobiie Home,; 312-03 1913 A.C. Pave 6,837.00 Olivere 1gg Ranch 401-01 1974 A.C. Pave 31,000.00 laameth ➢. Riley Co. 401-02 1974 Grade & Pave 10,720.00 Joy of California 402-01 1974 Grade & Pave 37,620.00 Iac,sugblis & Co. 402-02 1974 Patch & Pave 2,759.00 Operating IN. Union 402-03 1974 Grade & Pave 11,960.00 C.N. Behate - G.C. 403-02 1974 Grade & Pave 175,573.00 Co. of Santa Clara :01I1.07 NO 4 of 16 COMICto1•S LIST Of IIMIIIICI Matta Coaatroctiom Co., Ise. JOB f Till P90JICT PALll 01111 $08-02 1975 Street Construction 47.362.00 City of Sao Jose $09-01 1915 Dike Path - Grade i Pave 35,618.10 Co. of Santa Clara 509-02 1975 Dinor flood Control 147,916.00 Co. of Santa Clara $09.03 1975 Palo Alto yacht [arbor 134,466.00 Co. of Santa Clara 509-04 1975 Boys Raack - Grade A Pave 12,535.00 Co. of Santa Clari 509-05 1975 Street Improvemeats 7,895.00 lovard Ilectric 510-01 1975 A.C. overlay 37,833.00 City of Sam Jose 510-02 1975 Grade I Pave 8,513.00 toscana Bakery $11-04 1975 Mot Ingineeriag Project 131,791.00 Co. of Santa Clara $12-04 1975 A.C. Overlay 19,430.00 Co. of Santa Clara 601-02 1975 Grade, pock base 3,347.00 City of San Jose $01-03 1975 A.C. Patch 6 Seal 3,555.00 S.D.S. Church 602-01 1976 Street Improvements 61,469.00 City of San Jose 602-02 1976 Grade 8 Pave 14,400.00 Rosicrucian Order 602-03 1976 Sanitary Sever Dainteaence 300,000.00 City of San Jose 602-05 1976 Street Improvements 11,849,00 Richard Siarriao 603-02 1976 Grade A Pave 17,087.00 71oge Coast. Co. 603-03 1976 Grade A Pave 8.500.00 Rosicrucian Order 603-04 1976 Grade I Pave 71,649.00 S.J, Oaif. Sch. Dist. 603-05 1976 Grade i Pave 19,455.00 Co. of Santa Clara 603-07 1916 Grade i Pave 39,195.00 C-1. Pelets - G.C. 603-08 1976 Street Improvements 15,699.00 City of San Jose 603-09 1976 Grade A Pave 20,842.00 Parsley Coast, Co. 604-01 1976 Street Improvements 127,675.00 S.J. Waif. Sch. Dist. 604-03 1976 Street Improvements 205,147.00 City of San Jose 604-04 1976 Grade I Pave 22,362.00 Laborers Onion Bail 604-05 1976 Grade 1 Pave 18,484.00 Welsh Coast. Co. 604-07 1976 ?rack Sev. i St. Drain 171,851.00 City of Daly City 604-08 1976 Grade A Pave 21,481.00 S.J. Onif. Sch, Dist. 604-10 1976 Grade, Pave, St. Isprovesest !8,633.00 Bovard glectric 604-12 1976 Sanitary Sever Project 580,314.00 Ovity of San Jose 605-01 1976 Grade b Pave 25,290.00 S.J. Onif. Sch. Dist. 606-03 1976 Grade A Pave 14,020.00 Bevlett-Packard Co. 606-04 1976 diaor Engineering Project 122,621.00 Co. of Santa Clara 606-06 1976 Grade A Pave 37,300.00 Ca. Shingle A Shake 606-07 1976 Street Improvementd 79,390.00 City of San Jose 606-08 1976 Street Improvements 43,702.00 City of Iilpitas 607-01 1976 Dragline Rental 32,700.00 Dept. of the Army 607-02 1976 Grade i Pave 9,423.00 Dest Feed Co. ID2I6.07 Page 5 of 16 COR UCTOUS Lin OF 11P111UC1 Nettie Cose:reetiom Co., 1ec. 408 : Tt11 P10j1CT TU01 OV111 ---- -.__ ----------------- ------ ------------------ 601-01 1976 grade i Pave 20,514.80 Bite Felice - G.C. 609-03 1976 Grade i Pave 43,810.00 Osess-Corsisg 610-02 19T6 grade i Pave 26.542.00 Bellermime College 610-03 1976 Street Resurfacing 442,032.00 City of San Jose 610-04 1976 Grade i Pave 13,810.00 lerb Neisea - G.C. 611-01 1976 lquipmeat Rental 94,444.00 Co, of Santa Clara 611-02 1976 A.C. Overlay 1,190.00 Smith Charter Sere. 611-03 1916 Grade i Pave 163,235.00 Sequoia Pacific TO1-01 1977 Rquipsent Rental 127,996.00 Co, of Santa Clara 701-02 1977 Grade i Pave 8,685.00 S.J. Dail. Seb. Dist. 702-01 1971 Grade i Pave 20,533.00 Rosebroot Coast. Co. 702-02 1977 Grade i Pave 14,923.00 Toyota Madam 702-03 1977 A.C. Repairs 11,100.00 City of San Jose 702-04 1977 Grade i Pave 78,313.00 First Florida Bldg. T03-01 19T7 A.C. Repairs 3,070.00 Contadisa Foods 704-01 1977 A.C. Repairs 1,390.90 Paper Transport 704-02 1977 A.C. Repairs 1,386.00 Nestern Chemical 704-03 1977 Grade - Aggregate lase 6,015.00 Bubbard i Johnson 104-04 1977 A.C. Overlay 4,810.00 Smith Construction 704-05 1977 Street Improvements 9,730.00 laden litsen T05-01 1977 Assessment Dist. Street 1,766,646.00 City of lalout Creek 705-02 1977 lguipmeat Rental 10,000.00 Caltrans !05-03 1977 Street Improvements 5,920.00 P i S Construction 706-01 1977 Grade 12,000.00 Terra California 706-0; 1977 Grade, Rock 4,868.00 Hater Pollution Catrl 706-03 1977 Grade A Pave 296,693.00 City of San Jose 706-04 1977 Grade i Pave 263,459.00 City of San Jose T06-05 197T lguipsent Rental 126,835.00 Co. of Santa Clara 706-06 1917 Rgaipaeat Rental 5,900.00 Frank i leaudet 706-07 1977 Grade i Pave 33,061.00 City of San Jose 707-01 1977 Grade i Pave 97,300 DO Carl 1. Svenson 707-02 1977 Street Improvements 13,361.00 Rich Scarrino 707-03 1977 A.C. Repairs 55,327.00 Co. of Santa Clara T07-04 1977 Grade i Pave 13,038.00 Franklin Distille► 707-05 1977 A.C. Overlay 1,890.00 Contadlna Foods 707-06 1977 A.C. Overlay 5,775,00 Bellermine College 708-01 1977 Grade i Pave 184,334.00 San Carlos Roses 708-02 1977 Grade i Pave 13,860.00 San Jose Sch. Dist. 708-03 1977 8quipsent Re:ta1 5,000.00 St. of Calif. :AD111.07 Page 6 of 16 C01T1ACT01'S LIST OF tBPilillel lattis Coastructioa Co., Inc. JOB # TIAI PROJIC? BA1,01 ONIIR 708-04 1977 A.C. Overlay 6,914.00 Apostolic Church 709-01 1977 A.C. Overlay 109,990.00 City of Los Altos 109-02 1977 A.C. Pave 73,207.00 Frank A Beaudet 709-03 1977 A.C. Pave 1,600.00 San Jose Coast. T'9-01 1977 Rock, A.C. Pave 16,385.00 Jacobsen Coast. 710-02 1917 A.C. Pave 9,578.00 Bay Area Petroleum 710-03 1977 Grade A Pave 16,094.00 City Supt. of Scbs. 710-04 1977 A.C. Repairs 800.00 Cooper-Challen 710-05 1977 Grade A Pave 33,257.00 FIC Corporation 710-06 1977 A.C. Paving 11,534.00 Frank A Beaudet 711-01 1977 A.C. Repairs 1,200.00 Leaning Const. 711-02 1977 A.C. Repairs 2,390.00 Devine Nord dission 711-03 1977 Grade A Pave 44,762.00 Wells Fargo Bank 711-04 1977 Seal 1,100.00 General Ilectric 711-05 1977 Igoipmeat Rental 33,975.00 Co. of Santa Clara 711-06 1977 A.C. Overlay 6,860.00 Charles [ring 712-01 1977 A.C. Repairs 20,849.00 Ovens-Corning 712-02 1977 Grade A Pave 182,285.00 ?ova of Los Gatos 712-03 1977 Iquipment Rental 117,777.00 Co. of Santa Clara 801-01 1978 Igaipment Rental 144,444.00 Co. of Santa Clara 801-02 1978 Grade i Pave 61104.00 Scope Industries 802-01 1978 Street Improvements 123,808.00 Rosendia Electric 802-02 1978 Grade i Pave 42,798.00 Sanayvale Ile. Sch. 803-01 1978 Street Improvements 11,715.00 City of San Jose 803-02 1978 A.0 Patching 495.00 Crocker demorial loop 603-03 1978 Street Improvements 63,363.00 City of San Jose 803-04 1978 Street improvements 1,210,153.00 City of San Jose 803-05 1978 Grading 18,175.00 City of San Jose 804-01 1978 Grade A Pave 3T,674.00 Ovens-Corning 804-02 1978 A.C. Patching 3,500.00 Wells Fargo Bank 804-03 1978 A.C. Overlay 19,199.00 Wells Fargo Bank 804-04 1978 Street Improvements 427,898.00 City of San Jose 605-01 1978 A.C. Paving 11,621.00 Wells Fargo Bank 805-02 1978 Street Improvements 14,320.00 Cvillen Trucking 805-03 108 Street Improvements 3,483.00 J.N. Bally Coast. Co. 805-04 1978 A.C. Repairs 8,697.00 Paper Transports 806-01 1978 Grade A Pave 36,955.00 J.N. Baily Coast. Co. 806-02 1978 Grade A Pave 20,726.00 Ras Spurgeon 807-01 1978 A.C. Repairs 11,041.00 Ovens-Corning :ADAI1.07 Page 7 of 16 Co1T11MUS LIST of U?Illi1Ci Vattia Comotroction Co., Inc. JOB f Till PIOJBCT 111,01 01111 ------ ---- ------------------------ ----------- ------------------ 807-02 1978 A.C. ➢epairs 26,607.00 Vella forgo Bank 807-03 1978 iguipmeat ➢estal 136,888.00 Co. of Santa Clara $07-04 1978 Parting Lot 99,077.00 S.J. Coal. College 807-05 1978 I.C. Overlay 9,550.00 St. Bartin Church 808-01 1978 lquipsent ➢ental 141,666.00 Co. of Santa Clara 809-01 1978 Grade A Pave 110,556.00 Co. of Santa Clara 809-02 1978 I.C. Overlay 15,624.00 Charles Bring 809-03 1978 Street Improvements 40,946.00 Iaeomini Coast. Co. 810-03 1978 Grade A Pave 69,134.00 Fairchild Camera 811-01 1978 A.C. Overlay 15,965.00 J t J Tracking Lines 811-02 1978 A.C. Overlay 12,427.00 Christ 0nited Church 611-03 1978 A.C. Overlay 4,542,00 La from Properties 811-04 1976 Grading 2,800.00 Bay Area Petroleum 811-05 1970 A.C. ➢epair 500.00 Vella Fargo Bank 011-06 1976 Grade l Pave 1,875.00 Bay Area Petroleum $12-01 1918 A.C. Overlay 16,120.00 Vella Fargo Bank 812-02 1978 Parking Lot 2,900.00 Vella Fargo Bank 812-03 1978 Grade l Pave 35,481.00 Hotel 6 812-04 1978 Street Improvements 129,251.00 City of San Jose 901-01 1979 igaipeent ➢ental 138,600.00 Co. of Santa Clara 901-02 1979 Bquipaent ➢ental 141,750.00 Co. of Santa Clara 901-03 1979 Grade i Pave 4,395.00 fairebild Camera 902-01 1919 Grade A Pave 103,226.00 Co. of Santa Clara 902-02 1979 Street Ieprovaents 348,074.00 City of San Jose 903-01 1979 fire Hydrant 1,110.00 irtcraft Coast. Co. 903-02 1979 A.C. Overlay 4,965.00 James J. Viso Bng. 903-03 1979 A.C. ➢epairs 1,650.00 Well Fargo Bank 903-04 1979 Cilsonite Seal 650.00 Tom duller 903-05 1979 Temporary Pavement 675.00 Sidney Bovard 904-01 1979 Street Improvements 55,977.00 Three Sister Ranch 904-02 1979 Parking ➢evisiou 13,383.00 limberly Jack Coast. 905-01 1979 Parting Lot 49,247.00 Filoli Center 905-02 1979 I.C. Patching 900.00 Wells Fargo Bank 905-03 1979 Grade A Pave 106,011.00 O.I. lar1 Corp. 905-04 1979 Grade A Pave 19,354.00 Jacobsen itprs. 905-05 1979 Parting Lot 47,214.00 Vella Fargo Bank 66-06 1071 dttaot Widening i5,896.00 Jim Ward 6 lesoc. 905-07 1919 Parking Lot Addition 8,430.00 City of sn JOEe 905-08 1979 Street Improvements $1,733.00 City of San Jose :0811.07 Page 8 of 16 COMACTOR's LIST of IIPIBIBBCI Vattis Construction Co., 13c. JOB 6 7IAR PROJICT tALOI 011I1 ------ ---- ------------------------ ----------- ------------------ 905-09 1979 Parking Lot Constractioa 31,413.00 City of Morgan Bill 906-01 1979 Parting Lot Constractioa 62,715.00 Bibernia flank 906-02 1979 Irrigation Repair $50.00 Vella largo Bank 906-03 1979 A.C. Overlay 6,945.00 Branbam Bills 906-04 1979 Parking Lot Construction 45,200.00 Iorean Bapt CbarcD 906-05 1979 Partiag Lot Addition 47.892.00 Good Saaaritan Hoop. 907-01 1979 Iquipment Rental 204,727.50 Co. of Santa Clara 907-02 1979 Parking Lot Isproveaent 13,601.35 Branebi Coast. 907-03 1979 A.C. Parking J A V Pipelines, Inc. 907-04 1979 A.C. Patcbiag 15,000.00 Oveas-Corning 900-01 1979 Underground 72.266.00 Bark Tbomas 908-02 1979 A.C. Paving J i V Pipelines, Inc. 908-03 1979 Grade l Pave 37,693.00 Tbree Sisters, Inter. 908-0i 1979 Parting Lot Construction 236,223.00 City of Santa Clara 908-05 1979 Playground Cosntruetlon 21,361.00 Grant Ile. Scb. 908-06 1979 Rock 1 Patcb 7,571.00 Bacbrodt Ile. Scb. 910-01 1979 A.C. Patching 2,670.00 Sandoan Hotel 910-02 1979 A.C. Overlay 3,275.00 San Jose Tire 910-03 1979 Gilsonite Seal 1,150.00 Damco Materials 910-04 1979 Sidewalk Iaetallation 1,640,00 Bank Bldg. Corp. 910-05 1979 Grade i Pave 19,547.00 Jim Sweat 910-06 1979 Grade 2,540.00 Flory Coast. Co. 911-01 1979 Iquipeent Rental 142,775.00 Co. of Santa Clara 911-02 1979 Iquipment Rental 218,965.00 Co. of Santa Clara 912-01 1979 Grade A Pave 455,091.00 Co of Santa Clara 912-02 1979 Iquipment Rental T A M Bank Bldg. Corp 001-01 1980 Grade A Pave 16,295.00 Steiny a Company 001-02 1980 Underground 3,575.00 Freeway Bez. Park 002-01 1980 Grading 3,800.00 Bellarmine College 003-01 1980 Underground 3,760.00 City of San Jose 003-02 1980 Grade 1 Pave 32,084.00 Co. of Santa Clara 004-01 1980 Iquipoent Rental 199,546.00 Co. of Santa Clara 005-01 1980 Street Improvements 106.512.00 City of It. View 005-02 1980 Street Improvements 21,750.00 Jio Dollar 006-01 1980 Modify hinting Part 2,965.00 Bank Bldg. Corp. 006-02 1980 Parking Lot Repair 42,800.00 Owens-Corning 006-03 1980 Sbelter A Locker 49,717.75 Co. of Santa Clara 006-04 1980 Bus Stop A Duckout 90,745.00 Co. of Santa Clara 006-05 1980 Rue Stop 4 Duckout 90,775.00 Co. of Santa Clara 111111.07 Page 9 of 16 C01I11C101'S LIST of WHIM lattis Cunstrectioa Co., lac. JOB 0 lilt PROJRCT 1611 01111 ------ ---- ----------- ------ ----------- ------------------ 006-06 1980 Grade Ithlotic field T i d Belleamine College 061-01 1950 iguipmeat leatal 181,855.00 Co. of Santa Clara 007-02 1980 Grade, lock i Pave 379,514.30 Co. of Santa Clara 007-03 1980 iguipeest festal 245,161.00 Co. of Santa Clara 009-01 1980 (quip®eat Rental Leo Josee Coast, 009-02 1980 iquipment Rental T I d George Bilardi Coast. 810-01 1980 I.C. Patching 14,220.00 Sandman dotel 010-02 1980 9quipmest Rental T i d Bellarmine College 010-03 1980 Parking Lot 105,515.00 Co. of Santa Clara all-01 1980 A.C. Paving J t 9 Pipelines, Inc. 011-02 1980 Parking Lot Addition 49,945,00 City of dilpitas 011-03 1980 Regrade I lock 21,000.00 I.S.L., loc. 011-04 1980 Parking Lot Seal T i S Nattis Properties 012-01 1980. Construction Roadvay 244,144.00 City of San Jose 012-02 1980 A.0 Paving J i V Pipelines, Inc. 012-03 1990 Underground J i d Pipelines, Inc. 012-04 1980 Bus Shelters 5,400.00 Lockheed Plant 11 1301 1981 Street Improvements 20,137.00 City of San Jose 1302 1981 I.C. Patching 27,087.00 Ovens-Corning 1303 1981 Squipseat Rental 1,000.00 Co. of Santa Clara 1304 1981 iquipment Rental T i 1 Co. of Santa Clara 1305 1981 iquipment Rental T 11 Leo Jones Coast, 1306 1981 Street Improvement 207,700.00 City of San Jose 1307 1981 A.C. Patching T i d Private 1308 1981 I.C. Patching 650.00 Ovens-Corning 1309 1981 daintenance 5,500,000.00 1310 1981 Street didening 333,646.00 City of San Jose 1311 1961 A.C. Patching 3,900.00 Co. of Santa Clara 1312 1981 Street 9ideaing 81,150.00 City of dilpitas 1313 1981 Trench Pstch 950.00 Jim Cohen (Private) 1314 1901 Street Improvements 380,000.00 City of San Jose 1315 1981 A.C. Patching 125,000.00 Co. of Santa Clara 1316 1981 Storm Drain Improvements 47,000.00 Saratoga School Dist. 1317 1981 Drivevay Improvements 7,600.00 Chris Dalis (Private) 1316 1981 A.C. Overlay 19,845.00 dilpitas School Dist. 1319 1981 A.C. Overlay 48,799.00 St. lartin's Church 1320 1981 Street Resurfacing 699,000.00 Co. of Santa Clara 1321 1981 Transit Center 599,000.00 Co. of Santa Clara 1322 1981 Signal I Channelisatioa 415,000.00 Co. of Santa Clara 111111.09 Page 10 of 16 CA UCTOUS LIST OF UMIUCl ®attic Coostreettot Co., 1ee. JOB 1 1111 PROJRCT 1611 OHM ------ ---- ------- ---------------- ----------- ------------------ 1323 1981 Sred.n0 15,466.00 S. P. Transp. 1324 1981 Dri.twy Overlay 1,495.00 Roy Cranford (Priv.) 1325 1981 ;.C. Pave a Patch T a B Bellaroine College 1326 1981 A.G. Paving 1,640.00 Fred Gossales (Priv.) 1327 1982 Street Widening 12,293.50 City of It. Use 1320 1982 Teat Stacks 4,370.00 City of San Jose 1329 1982 Parking Overlay 43.783.01 City of San Jose 1330 1982 Street ➢econstruction 365,177.70 City of San Jose 1331 1982 Grading T a d Panache Rd. (Priv.) 1332 1982 A.C. Repairs 3,000.00 Food Bant 133.1 1902 Grading 16,500.00 Co. of Santa Clara 1334 1982 Stean Liae 5,809.00 utility vault (Coo) 1335 1982 Street Widening 280,630.00 City of San Jose 1336 1982 Street Ioproveneste 148,560.00 City of San Jose 1337 1982 Street Ioproxeoents 349,650.00 City of San Jose 1338 1982 Parking Lot 61,670.00 Co. of Santa Clara 1339 1982 Street Reconstruction $24,220.00 City of San Jose 1340 1982 iquipoent Rental 119,300.00 Co. of Santa Clara 1341 1962 Sever ?reach 23,337.00 City of Sao Jose 1342 1982 6quipsest Rental 138,644.00 Co. of Santa Clara 1343 1982 tquipmat Rental 119,626.00 Co. of Santa Clara 1344 1982 Bquipoest ➢eotal 128,463.00 Co. of Santa Clara 1345 1982 Coacrete Repair 1,250.00 Sooner a Taylor, Inc. 1346 1982 Street Widening 265,000.00 ?ova of Los Gatos 1347 1982 Drivevay Repairs 3,400.00 Dr. Cohen (Priv.) 1348 1982 Grade a Pave 18,375.00 Western Onion 1349 1982 6oergency Rip lap 90,000.00 Co. of Santa Clara 1350 1982 ➢etaiaiag Wall 2T,400.00 Tovn of Los Gatos 1351 1982 ➢lavood 12 T a 8 SCC Justice Div. 1352 1983 Street Widening 1,221,643.00 Co. of Santa Clara 1353 1983 Sealing a ➢estriping 2,875,00 Winkler Property 1354 1983 Boergeacy flood 8aist. 20,000.00 City of San Jose 1355 1983 ?reach Repairs 2,992.00 City of San Jose 1356 1983 Airport Resurfacing 198,000.00 City of San Jose 135T 1983 Street Resurfacing 1,399,600.00 City of San Jose 1358 1983 Store Daoage Repairs 177,960.00 Co. of Santa Clara 1359 1983 Street Widening 234,700.00 City of San Jose 1360 1983 Street Reconstruction 399,303.00 City of San Jose 1361 1983 Street Resurfacing 231,448.00 City of Cupertino 1813.07 Page 11 of 16 COMCTOR'S LIST of 11MISICN Mattis Coostractios Co., lac. JOB t fill PROJRCT fILRN OBlIt ------ ---- ------------------------ ........... ------------------ 1362 1983 Pasoche Rd. - 1983 T a N 1363 1983 Street Resurfacing 311.440.00 City of Campbell 1364 1983 Raergeacy Repairs T i I S. C. V. N. D. 1365 1983 Bmergemcy Repairs T a B S. C. O. N. D. 1366 1983 Channel Lasing 211,711.00 S. C. T. V. D. 1367 1083 George Nolte Patching George Nolte Rngre. 1368 1983 Street Resurfacing 578,932.00 City of Kilpitae 1369 1983 Boulder Dr. Mat. 68,530.00 City of San Jose 1370 1983 Ioter8ectioa Coast. 257,565.00 City of San Jose 1371 1983 Annual Street Overlay 96,612.00 City of Onion City 1372 1983 Rincosada Sewage Plant T a N S. C. P. N. D. 1373 1983 Niter lain Repairs T a B S. C. V. M. D. 1374 1983 Intersection Cosst. 127,746.00 State of Calif. 1375 1984 Kisc. Improvements T a I Bellarmine College 1376 1984 Rgaipaeat Reatai I I I Co. of Santa Clara 1377 1984 Tohara Nay Paving 4,500.00 Greg Killer (Priv.) 1378 1984 Airport Resurfacing 4,990.00 City of San Jose 1379 1984 George Nolte Cone. Repr. T I I George Nolte Bngre. 1380 1984 Parkins Lot Paving T a a P.t, O'@air a Co. 1381 1984 Parking Lot Ripansiou 18,485.00 Palmer College - N 1382 1984 Driveway Mansion T i K Novitiate Hoses 1353 1984 Street Resurfacing $2,371.00 State of Calif. 1381 1984 Bldg. Pads I Parking 600,000.00 Airport Tech. Pk. 1385 1984 Parking Lot Gr/Pave 9,205.00 S f V Lodge 1386 1984 Parking Lot Gr/Pave 56,520.00 Bellarmine College 1387 1984 Kiec. Improvements 39,417.00 City of San Jose 1388 1984 Street Improvements 11,195.00 Co. of Santa Clara 1389 1984 A.C. Patching 6.295.00 City of Kilpitas 1390 1984 Bldg. Pads I Parking 207,400.00 State of Calif. 1391 1984 Parking Lot Paving 49,450.00 City of San Jose 1392 1984 Street Nidening 100,000.00 toll Company 1393 1981 Paving 106,780.75 State of Calif. 1394 1984 A.C. Patching 3,000.00 City of Kilpitas 1395 1984 Street Resurfacing 268,786.00 Co. of Santa Clara 1396 1984 Street Resurfacing 128,458.00 Co. of Santa Clara 1397 1984 Bldg. Pad I Parking 96,500.00 CBBS Investments 1399 1984 Paving 5,000.00 Container Corp. 1100 1984 Street Resurfacing 2,000,000.00 City of San Jose 1401 1984 Airport Apron Coast. 4,900,000.00 City of San Jose 4111I1.07 Page 12 of 16 COITUCR0/'S LIST of 8ll1111M lattis Coastroctioo Co., Ise. JOB i till Pl0J1CT 111,01 Ol®ll -_---- ---- -------------------- --- ...------- ._...------------ 1402 1984 Parting Lot Paving 15.930.00 Gallia College 1403 1984 A.C. Repairs 4,500.00 City of Bilpitas 1404 1984 load Construction 308,178.00 Raiser Dev. Co. 1405 1984 lquipseat festal 16,010.00 State of Calif. 1406 1984 A.C. Jverlay $47,893.00 Co. of Santa Clara 1409 1904 A.C. Overlay 258,394.00 logo of Los Gatos 1408 1964 Driveway 1,500.00 J t J Trucking 1409 1984 Driveway Slurry Seal 3,150.00 Dr. ling 1410 1955 load Coaltraction 10,090.00 City of San Jose 1411 1985 Road Cos(truction 341,461.00 City of San Jose ® 1412 1985 Crescent City Crescent City 1413 1985 ficavate t lisieb Grade 16,500.00 valley Into Nreck. 1414 1965 Deep Lift, A.C. T 1 8 BcCartby t Spiessan 1415 1985 Grade, Pave Subdivision 104,420.00 Bccarthy t Spiessan 1416 1985 Subdivision Imprvto. 425,164.00 AcCartty t Spiessau 1417 1985 2 1/2' I.C. Paving 35,750.00 BcCartby t Spiessan 1418 1905 Grading t Paving 43.328.00 6cCartby t Spiessaa 1419 1985 Pateb parting lot 2,287.00 AcCartby t Spiessan 1420 1965 Pateb parking lot 12,690.00 Diana Bruit 1421 1965 Grading t Paving 650,000.00 Q. P. S. 1422 1985 Pavesent Overlay 2,115,00 Fairchild 1423 1985 ledgecut, Overlay 1,425,095.00 City of San Jose 1424 1985 Grade 6 Rock Driveway 10,000.00 BcCartby t Spiessan 1425 1985 Grading t Paving 76,126.00 SA. Brown 1426 1965 Patcb t Overlay Pkg. Lots Bellarsine College 1427 iM Barricades 4 losustots BcCertby t Spiesnaa 1428 1985 Subdivision Isprvts. 1,132,369.16 Dividend Dev. Co. 1429 1995 Paving 56,010.00 City of San Jose 1430 1905 Gradd, Petrorat t Overlay $5,000.00 Dora Style Homes 1431 1985 Overlay 163,S59.00 State of Calif. 1432 1985 Pavesest Repairs 8,723.00 Jobs 1. Cos. N.D. 1433 1085 Street Iaprvts. 313,363.23 City of San Jose 1434 1985 See Project No. 1440 1435 1965 Resurface ea, pkg. area 37,826.00 State of Calif. 1436 1905 Resurface ea. pkg. lot 30,000.00 8aircbild Camera 1437 1985 C t G, Driveway, Sidewalk 24,651.00 lorsan t Vera Boise 1438 1985 St. lidesiag t Isprvte. 223,59S.00 City of Bilpitas 1439 1985 Bellarsise (2) Bellarsine College 1440 1985 fquipseat Rental 1,120,686.50 S.C.1 A.O. :AD111.09 Page 13 of 16 COISUMU S LIST of OOPOIIOICI Nettie Coestrection Co., lac. JOB 0 7110 PIOJOCT VALID 01111 1441 1985 Patch Pkg. Lot 15,050.00 Staffield Iot. 1442 1985 Sidesalk i w erlay 287,289.95 City of freaoet 1443 1955 Subdivision leprvta. 373,077.21 Citation Builders 1444 1985 Patch Pave 15,000.00 Saratoga Scl ist. 1445 1985 Subdivisioa Ieprvta. 139,722.08 Davidoe Done 1446 1985 Subdivision Ieprvta. 338,463.00 Palo Alto Seb. Dist. 1447 1985 Patching Pkg. Lot T i 1 Peal L. Nettie Prop. 1448 1965 Left Tern Lase Irtessios 48,944.00 Co. of Santa Clara 1449 1985 Street cork 104,271.90 Davidon Hosed 1450 1985 Parking Lot Expansion 190,613,00 City of iresont 1451 1985 Patch Repairs 57,650.00 City of San Jose 1452 1985 Patch Repairs T A I B I B Properties 1453 1985 Street lnprvts. 36,835.00 City of San Jose 1454 1985 Isproveseats Y.H. Obert Corp. 1455 1985 Street Yidening 112,505.00 Airport Tecb. A Ass. 1456 1985 Asphalt fatebiag 2,500.00 1457 1985 Subdivision lnprvts. 130,706.78 Citation Builders 1458 1985 Subdivision lnprvts. 256,347.00 larek Dev. Co. 1459 1985 NO PROJICT 1460 1985 Street grade A pave 12,667.00 Air Sheet letal 1461 1985 Left tars Lane 23,241.00 City of freaont 1462 1986 Bellernise 1463 1986 Grading A Paving 08,082.00 Rash. ?ova. Hosp. 1464 1986 Street A Sideeaik lnprvts. 45,487.50 City of San Jose 1465 1986 Grading A Paving 125,645.00 B. Phelps Coast. Co. 1466 19e5 Subdivision lnprvts. 217,772.40 Citation Builders 1467 198C field reconst. A Grading 140,000.00 Bellarsine College 1468 1986 Overlay 450,322.59 City of Burliagane 1469 1986 Regrade et. track 1,500.00 litty High School 1470 1986 Patch Repair 90,275.00 City of San Jose 1471 1986 Patch 1,750.00 1 i B Properties 1472 1986 Patch i Stripe 5,578.00 Fairchild Casera 1473 1986 finish grade i rock Dan Caputo 1474 1986 Racking A Faving 25.000.00 Dividend Dee. Co. 1475 1966 Grading, Paving A Deno. 1,096,000.00 1, Phelps Coast. Co. 1476 1966 Overlay 16.951.00 State of Calif. 1477 1986 Rock A Pave 141,366.00 Dillingbas Coast. 1470 1986 Street Ieprvts. 64,196,00 City of Santa Clara 1479 1986 Grading i Paving 15,000.00 Dividend Dev. Co. 1480 1906 Street leconstroction 218,000.00 City of San Joae 0111.07 Page 14 of 16 Cmuctol's List OB Iffnincl Mattis Cosstrectlos Co., Ise. JOB 0 T111 PROJtCT 11611 0'ml ------ ---- ------------------------ ----------- ------------------ 1481 1986 Pate► repairs 3,501.10 S. tereona wed. Ctr. 1482 1986 Remove 0 replace 2' AC 12,170.00 Citation Bsilders 1483 1986 Subgrade 1 coast. pkg. lot 150.853.10 City of San Jose 1484 1986 Street saiatenance 48,406.20 City of See Jose 1485 1986 Street lesurfaciag 2,060,000.00 City of San Jose 1486 1986 Grade Pad 13,119.00 Bodulaire Ind. 1487 1.086 Overlay 74,519.00 Co. of Santa Clara 1488 1956 Grade A Pave 23,350.00 ISL, Inc. 1489 1986 Pave 8,779.00 San Jose State gall. 1490 1986 lrosion Coatrol City of San Jose 1491 1986 Street Resurfacing 107,081.05 Co. of Sae 8ateo 1492 1986 Grading i Paving 59,193.98 City of Saratoga 1493 1986 Grading 8 Paving 169,526.32 laiser Dev. Co. 1494 1986 Pasoche ➢d. 1986 T b 8 Private 1495 1986 widen keeps d Signals 305,044.60 Coltrane 1496 1986 lguip. Rental $6,000.10 D 8 J C.'set. 1497 1966 A. C. Patching Bellamise Prep. 1498 1986 Grading i Paving 400,000.00 Dillinghas 1499 1987 A/C Overlay 349,365.00 City of Sao Jose 1500 1987 Overlay 18,847.00 City of San Jose 1501 1987 Overlay 171,815.60 Co. of Santa Clara 1502 1987 Overlay 814,000.00 Co. of Santa Clara 1503 1987 Overlay 281,724.00 Co. of Santa Clara 1504 1987 Road Construction 1,033,295.63 City of dorgan Bill 1505 1987 Repair 2,136.00 Private 1506 1087 Rquipment Reatal 1,506,792.70 S.C.T.w.D. 1507 187 Deso,Sscavation,Paving 124,000.00 Dillingban 1508 :987 Overlay, Parking Lots 64307.00 Cambrian Schools 1509 1987 Paving 40,400.00 Private 1510 1987-88 Panocbe Rd T 1 B Private 1511 1987 load Construction 571,746.00 City of Caspbell 1512 1987 Site work 206,000.00 Brero Construction 1513 1987 Site work T A d Bloch Construction 1511 1987 Repair 0 Overlay 12,500.00 Private 1515 1987 Overlay 3,161.21 Private 1516 1987 Spread Gravel 12,024.15 Santa Teresaa Hoop. 1517 1907 Overlay 61,000.00 City of Borgan Bill 1518 1987 Site work 314,847.00 lidstate Construction 1519 1987 Repair 1,000.00 Private 1520 1988 Backfill Building 18,300.00 Bloch Construction 1521 1988 Grading 7,289.59 Blach Construction 1522 1988 A.C. lesoval Repair 60,332.69 City of Sae Jose 1523 1988 A.C. lecoval Repair 12,964.60 P.B. O'➢air 1524 1988 Property 1laaageseat II T 1 d Private 1525 1988 Grade, Rock, Oil T A d Private 1526 1980 Patch ?reaches 3,150.00 Private 1527 1988 l:cavate 8 Pave Intersection 241,993.90 City of San Jose :ADB1B.07 Page 15 of 16 M11110O1'S LIST of 11P111110 ®attic Coastrsetios Co., Inc. JOB t Till P➢OJBCT lull will ------ ---- ------------------------ ----------- ------------------ 1528 1988 licavate i Pave Pkg. Lot Private 1521 IM aradiag Private 1530 1981 Grade i Pave Bellarsise 1531 1958 lacsv., Grade i Pave 126,100.10 Private 1532 1908 lquipsest ➢estal 1,278,501.00 S.C.1.11.D. 1533 1988 load Construction 4 I MI.97 Kaiser Div. 1534 1988 lip gap 56,148.00 Private 1535 1988 Repair Tract Dock 4,600.00 Santa Teresa loop. 1536 1908 Gate i Peace Install 1,010.00 Private 1537 1988 ➢ecoast i l:pasd Pkg Lot 294,019.61 City of Redwood City 1538 1989 Paaoeke load Private 1539 1989 S.Y.T. Lodge $08.00 Private 1540 1989 Bellarsine 891.00 Private 1541 1989 Bellarsise 48,201.00 Private 1542 1989 Grade i Spread Gravel 6,750.00 Santa Teresa Hoop. 1543 1989 Parking Lot 14,653.00 P.B. O'lair i Co. 1514 1989 Patching 2.750.00 Dividend 1545 1969 Street Aidenisg $7,211.00 City of San Jose 1546 1989 Subdivisioa 1,804,690.15 Barnett-➢ange Corp. 1547 1989 Grade i Pave 111,980.00 P.A.L. 1548 1989 Various T A 8 Barsett-➢sage 1549 1989 load Reconstruction 461,065.40 San Benito County 1550 1989 Rip lap 26,790.00 Green Briar Co. 1551 1989 Patch, Slurry Prk. Lot 347,440.00 Santa Clara County 1552 1989 Pavement Repair 50,000.00 City of San Jose I553 1989 Diablo Treatsent Plant 7,352.00 Vulcan Const. 155/ 1989 Harwood load 4,762.37 CBBS Construction 1555 1989 lea Tierra 7,242.00 Private 1556 1990 lassos Hill T i H Private 1557 1990 Diablo Kills Offsite T A l Private 1558 1990 Cottle,Snell i Blossom Hill 2,319,657.57 Santa Clara County 1559 1990 Greg Benz Driveway 13,180.00 Private I560 1990 Allen lens Driveway 11,425.00 Private 1561 1990 Property laaagesest 7 i 1 Private 1562 1990 Panocke load T i e Private 1563 1990 Harwood load T i H CBBS Construction 1564 1990 11 Hodeso Ga.,a-c° 1.656.00 Private 1565 1990 San Jose Mator Co. 97,203.50 S.J.W.C. 1566 1990 P.G. i 1, Hollister 124,169.00 Mil 1567 1990 Bellarsise T i 1 Private 1568 1990 Alfred Boatuir 5.900.00 Private 1569 1990 Various Patching T i 1 S.J.1.C. 1570 1990 Cupertiso Annual Overlay 156,133.09 City of Copertiao 1571 1990 Dalis Driveway 3,462.00 Private 1572 1990 lonroe St. i larrisos St. 139,873.00 City of Santa Clara 1573 1990 Hwy. 237 Utility lsbaak. 50.144.45 County of Santa Clara 1574 1990 Sao Jose Airport Pvmt Repair 50,000.00 City of Sao Jose 1575 1090 Tract 8217 - Loa Altos 245,613.61 Private 1576 1990 Calif. Pater Service 102,345.00 1.1. Thorpe, Inc. 1577 1990 Villages Golf/Country Club 85,686.90 Private 111111.07 Page 16 of 16 B. GENERAL PROVISIONS 1. ADOPTION OF STANDARD SPECIFICATIONS By this reference, the Standard Specifications of the State of California, Department of Transportation dated January, 1988 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications for PROJECT 110-9407A-953 and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in `he Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work, 1-1.39: "State" means the City of Cupertino. 4. PROSECUTION AND PROGRESS OF THE WORK a. Noise Control Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: General Provisions page 1 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 a. Noise Control(Cont') 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. b. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of working or calendar days as shown in the Special Provisions. c. Record Drawings The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical .schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. d. Right of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. e. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the General Provisions page 2 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Suspension of the Contract(Cont'd} premises, and use the same for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof.. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable tterefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. f. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4b, above. It is agreed by the parties to the contract that in case all the work called for under the contract, in all parts and requirements, is not finished or completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's hers, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. General Provisions page 3 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 f. Time of Completion and Liquidated Damages(Cont'd) The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not -apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties ror the period covered by such extension of time. The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. (See Section 8-1.07. ] General Provisions page 4 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 5. CONTROL OF THE WORK a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Standard Specifications, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory method, as required by the Engineer. The Contractor shall treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspection In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furnish telephone service at all facilities servicing the project. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work oora before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. 1 d. Monumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. b G. S. monuments in their proper places until their removal is authorized by the Engineer. Any monuments that have been removed without proper authority shall be replaced at the Contractor's expense. General Provisions page 5 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Samples and Tests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. 411 tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall. contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense. g_ Water for Construction Water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. General Provisions page 6 of 14 GENERAL PROVISIONS(Continued) PROTECT 110-9407A-953 b. Insurance ^_ Public Liability and Property Damage Prior to entering _nto the contract respecting this project, the bidder to whom the contract is awarded shall furnish to the City Council of the City of Cupertino satisfactory proof that the bidder has public liability and property damage insurance in effect for the entire period covered by the proposed contract. The insurance carrier and forms of insurance shall be satisfactory to the City. Said insurance shall name as additional insureds, the City, it's officers and it's employees and shall protect the City against loss or liability for damages resulting from (1) bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from the operations of the Contractor in the performance of the contract. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance shall be as indicated in (a) and (b) as follows: Each Person Each Occurrence Aggregate a) Bodily Injury Liability $500,000.00 $1,000,000.00 Property Damage Liability $250,000.00 $500,OOG.00 b) A single limit for Bodily Injury Liability and Property Damage Liability Combined of $500,000.00 $500,000.00 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available under any other provision of the contract, or otherwise by law, except for retaining money due the Contractor. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned types for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof. (See State Standard Specifications Section 7-1.12. 1 c. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.O1A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Contract Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions page 7 of 14 e GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 d. Prevailing Wages The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications. e. Resolution of Construction Claims This section applies to all public works claims of three hundred seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shall not apply to any claims resulting from a contract between a contractor and the City when the City has 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, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date. As stated in subdivision (c) of Section 20104 of the Public Contract Code, any contract entered into between January 1, 1991 and January 1, 1994, which is subject to this section shall incorporate this section. To that end, these contracts shall be subject to this section even if this section is repealed. The term "Public Work" has the same meaning as in Section 3100 and 3106 of the Civil Code. The term "Claim" means a separate demand by the contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or they claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City, For any claim subject to this section, the following requirements apply: 1. The claim shall be made in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Not►;.Lng in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant, to this section, upon mutual agreement of the City and the claimant. General Provisions page 8 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Resolution of Construction Claims(Cont'd) (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 3. (a) For claims of over fifty thousand dollars($50,000.00) and less than or equal to three hundred seventy-five thousand dollars($315,000.00) ,the City shall respond in writing to all written claims within sixty(60) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any addition documentation supporting the claim or relating to defenses or claims the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within thirty(30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. 4. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen(15) days of receipt of the City's response or within fifteen(15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within thirty(30) days for settlement of the dispute. 5. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits the written claim pursuant to paragraph 1, above, until the time the claim is denied, including any period of time utilized by the meet and confer conference. The following procedures are established for all civil actions filed to resolve claims subject to this section: 1. Within sixty(60) days, but no earlier than thirty(30) days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen(15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty(30) days of the submittal, and shall be concluded within fifteen(15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. General Provisions page 9 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Resolution of Construction Claims(Cont'd) 2. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141. 11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this section consistent with the rules pertaining to judicial arbitration. (b) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (1) arbitrators shall, when possible, be experienced in construction law, and (2) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 3. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. 4. In any suit filed under Section 20104.4 of the Public Contract Code, the City shall pay interest at the legal rate on any arbitration award or judgement. The interest shall begin to accrue on the date the suit is filed in a court of law. f. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or. the Engineer's agents shall not be answerable or accountable in any manner --or any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof from all suits, claims or actions of any name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees, General Provisions page 10 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 f. Responsibility for Damages(Cont'd) It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City may be retained. by the City until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the sur=, v on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6b, above ("Insurance - Public Liability and Property Damage") . [See State Standard Specifications Section 7-1.12. 1 7. PROPOSAL. AND AWARD OF CONTRACT A. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. General Provisions page 11 of 14 GENERAL PROVISIONS(Continued) PROJECT 1.10-9407A-953 b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be executed in a sum equal to the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. (See State Standard Specifications Section 3-1.02. 1 c. Execution of Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide the contract bonds and insurance certificates required therein within ten(10) days of notification of award of contract. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino. (See State Standard Specifications Section 3-1.03. ] d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, aad not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. e. Proposal Forms The City will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids containing less than this or bids containing incomplete forms will be disregarded. General Provisions page 12 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 e. Proposal Forms(Cont'd) All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If wade by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505. f. Proposal Gaaranty All proposals or bids shall be accompanied by cash, cashier's check, certified check, bid bond made payable, in the amount of ten percent(10%) of the bid amount, to the City of Cupertino as guarantee that the bidder, if awarded the contract, will within ten(10) days after notice of award, enter into a contract with the City for the work. g_ Rejection of Proposals Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids not called for, incomplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the Citv shall be used. (See State Standard Specifications Section 2-1.06. ) h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm., partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime nontractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.58) of the prime contractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 13 of 14 GENERAL PROVISIONS(Continued) PROJECT 110-9407A-953 INDEX DESCRIPTION PAGE(S) ADOPTION OF STANDARD SPECIFICATIONS 1 APPRENTICES(Prevailing Wages) 8 AUTHORITY TO DEVIATE FROA THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 11 CONSTRUCTION CLAIMMS 8-10 CONTRACT BONDS 12 CONTRACTOR'S PAYMENTS 6 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS 1 DUST CONTROL 5 EXECUTION OF CONTRACT 12 HEADINGS AND CITATIONS 1 INSPECTION 5 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 7 LABOR NONDISCRIMINATION 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC(Labor Code 6d) 6-11 MONUMENTATION 5 NOISE CONTROL 1,2 PAYMENT 12 PREVAILING WAGES 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 11-13 PROPOSAL FORMS 12,13 PROPOSAL GUARANTY 13 PROSECUTION AND PROGRESS OF THE WORK 1-4 RECORD DRAWINGS 2 REJECTION OF PROPOSALS 13 RESOLUTION OF CONSTRUCTION CLAIMS 8-10 RESPONSIBILITY FOR DAMAGE 10,11 RIGHT OF WAY 2 SAMPLES AND TESTS 6 SUBCONTRACTORS 13 SUSPENSION OF THE CONTRACT 2,3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3,4 UTILITIES 6 WATT FOR CONSTRUCTION 6 General Provisions page 14 of 14 C. SPECIAL PROVISIONS Location The work to be performed under this contract is within the City of Cupertino, County of Santa Clara, State of California on BUB3 ROAD at MC CLELLAN ROAD. Scope of Work The work to be performed under this contract is to provide all labor, material, tools, and equipment necessary for the construction of PROJECT 110- 9407A-953 to completion. All work shall be performed in accordance with the plans, specifications, Special Provisions, the City of Cupertino Standard Details and the applicable sections of the Standard Specifications dated January 1988, and the Standard Plans dated January 1988, of the State of California. Time of Completion and Liquidated Damages The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as set forth in the Time and Completion portion of the proposal. The Contractor shall pay to the City of Cupertino the sum of one hundred and fifty dollars ($150.00) per day, for each and every calendar day's delay beyond the dates established in the Contractors' proposal for each and every portion of the completion process. The date for completion shall be determined by the Contractor and shall be specified in the proposal. The value of time as determined by the Engineer will be used in conjunction with the prices bid in determining the most economical proposal. Preconstruction Conference A Preconstruction conference will be scheduled by the City within two (2) weeks from the date the contract is awarded. The meeting shall take place prior to the begining of any construction on the project. The meeting will be held in Conference Room "D" at Cupertino City Hall. Inspection and Inspection Costs The work will be inspected by the City of Cupertino and its agent for the electrical portion. Inspection costs for any work done before 8:00 A.M. or after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of thirty five dollars ($35.00) per hour. Traffic Control The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, and flaggers to give adequate warning to vehicular traffic at all times that construction is in progress. No lane closures shall be permitted on BUBB ROAD or on MC CLELIaAN ROAD Special Provisions page 1 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 before 9:00 A.M. or after 3:00 P.M. , Monday through Friday except that under conditions of o_4rgency the City may permit, in writing, lane closures before 9:00 A.M. or after 3:00 P.M. The contractor shall maintain a minimum of one(?) travel lanes in each direction for traffic on MC CLELLAN ROAD and one(1) travel lane in each direction for traffic on BUBB ROAD at all times. Record Drawings The Contractor, upon completion of PROJECT 110-9407A-953, shall furnish and submit a set of accurate "Record Drawing" plans. Warranty The supplier and/or Contractor shall warrant all equipment and installation work against failure for a period of one(1) year. Any equipment failure during this period will be corrected at the expense of the Contractor including materials, labor and all other expenses which are necessary to correct the failure. The expenses shall include all costs incurred by the City, including but not limited to wages, materials or City's Contractor expenses, etc. necessary to ascertain the nature of the defect and to take appropriate action pending the arrival of the supplier's representative. Any work at the intersection by the supplier or Contractor will require the presence of City representative whose time will be charged to the Contractor. The City undertakes to advise the Contractor or supplier immediately that a warranty failure is believed to have taken place. The City will carry out no more work than necessary to restore reasonable order at the intersection. In the event the Contractor has not taken over the matter within twelve(12) hours of notification the City reserves the right to carry out the correction necessary or hire whomever it deems suitable to do so. The cost of all such work shall be charged to the Contractor. In the event of the failure of any module or installation, the warranty on that unit or installation shall be extended for a period of three(3) months after the initial warranty period. If further failures occur, further three(3) month extensions will be provided until proper operation for a contiuous period of three(3) months has been achieved. Special Provisions page 2 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 Estimated Quantities It is specifically pointed ou` that the quantities listed in the proposal and specifications are estimates orly and being given on a basis of comparison of bids. The City of Cupertino does not agree that the actual amount of work will correspond, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit items or portions of the work that may he deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (258) OF THE CONTRACT QUANTITIES WITH NO CHANGE IN UNIT PRICE BID. Item Description Est. Qty. Unit 1. Install Construction Signing One(1) L.S. 2. Remove Existing Sidewalk & Handicap Ramp 520 S.F. 3. Remove Curb & Gutter 120 L.F. 4. Excavation, Grading, & Subgrade Preparation One(1) L.S. 5. Install Handicap Ramp 1 Each 6. Install Type A2-6 Curb & Gutter 120 L.F. 7. Install 4 Inch P.C.C. Sidewalk 520 S.F. 8. Install 9" A.C. Deeplift Pavement 30 Ton Explanation of Bid Items BID ITEM No. 1 - INSTALL CONSTRUCTION SIGNING This bid item shall include all costs for providing and installing construction signing as shown or described on the Contract Plans. The base material of construction area signs shall be metalic or a material approved by the City's Traffic Engineer and the sign face material shall be reflective. BID ITEM No. 2 - REMOVE EXISTING SIDEWALK AND HANDICAP RAMP This item shall include all costs per square foot of demolition, removal and disposal of existing concrete sidewalks and handicap ramps including saw cutting. BID ITEM No. 3 - CURB AND GUTTER REMOVAL This item shall include all costs per lineal foot for demolition, removal, and disposal of existing curb and gutter including saw cutting. BID ITEM No. 4 - EXCAVATION, GRADING AND SUBGRADE PREPARATION This bid item shall include all costs required or necessary to complete the following work: A. The excavation or fil'-ing of the area of work to the limits and subgrades specified on the plans. This item shall include excavation and removal from the sit.i of any A.C. paving, F.C.C. concrete, base rock and soil for which there is not a specific bid item. B. Final grading and compaction of the subgrade in accordance with section 19-5.03 of the Standard Specifications excepting the second paragraph therefrom. Special Provisions page 3 of 5 SPECIAL PROVISIONS(Continued) PROJECT 110-9407A-953 C. The limits of work are all areas to receive improvements including but not limited to grading and paving. D. All transportation and disposal of unsuitable materials, including dumping fees, as directed by the Engineer. E. The Contractor shall exercise all due care during the excavations and grading work to insure no damage to private property occurs. If damage should occur, repair shall be at the Contractor's expense. F. The Contractor shall have an adequate non-potable water truck on site during all operations. The Contractor shall employ this truck, and others, if required, to control the creation of dust and the problems associated with dust. At the direction of the City Engineer, the Contractor shall water, with the appropriate equipment, areas of possible dust creation, and all costs for this work shall be included herein. Section 18 of the Standard Specifications, as modified herein, shall apply. All water used for dust control shall be non- potable. G. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in section 7-1.13, of the Standard Specifications. BID ITEM No. 5 - INSTALL HANDICAP RAMPS This bid item shall include all torts per each for providing, placing, and finishing handicap ramps Type B in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications. Class B concrete shall be used and shall conform to Section 90 of the Standard Spec ificatio-as. The bid per each shall include but not necessarily be limited to the following: 1. Install all required aggregate base material to a minimum thickness of four(4) inches under the ramps, curbs and gutters, in conformance with Section 26 of the Standard Specifications, as applicable. 2. Install all wood forms required for curbs, gutters or handicap ramps. 3. Install Portland Cement Concrete to a minimum thickness of four(4) inches in sidewalk areas and six(6) inches in gutter areas, in conformance with Section 90 of the Standard Specifications, as applicable. BID ITEM No. 6 - INSTALL TYPE A2-6 CURB AND GUTTER This bid item shall include all costs per lineal foot for providing, placing, and finishing type A2-6 concrete curb and gutter in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications, including four(4) inch CL, II, three fourths (3/4) inch maximum aggregate base cushion. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 7 _ INSTALL 4 INCH P.C.C. SIDEWALK This bid item shall include all costs per square foot for providing, placing, and finishing concrete sidewalk including four(4) inch Class II, three fourths(3/4) inch maximum aggregate base cushion and conforming to Special Provisions page 4 of 5 SPECIAL PROVISIONS(Continued). 71 PROJECT 110-9407A-953 Sections 73-1.04 and 73-1.07 of the Standard Specifications. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. S _ INSTALL 9 INCH DEEPLIFT A.C. PAVEMENT This item is bid per ton and shall include all costs for providing, placing, and compacting asphalt concrete(A.C.) on compacted subgrade, (95% relative compaction) of the thickness and at the locations shown on the plans. This bid item also includes all cost fo1 providing and placing 12 inch concrete cap with 2 inch A.C. overlay where the deeplift section is less than 3 feet wide. Paint binder and seal coats shall be included in this bid item. All coarses shall be Type B(1/2 inch max.) medium grade asphalt concrete and in accordance with Sections 39.2, 92, and 93 of the Standard Specifications. The A.C. shall be put down in three(3) inch lifts. The method of spreading shall be at the discretion of the City Inspector. REVIEW AND APPROVAL SIGMA S Reviewed by: Rev Travice W. Whit Glenn M. Grigg Assistant City Engineer Traffic Engineer Approv by Be t J. is vich D ector of blic Works Date: q� Special Provisions page 5 of 5 CONTRACT FOR PUBLIC STORKS This CONTRACT made on , 1991 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and CONTRACTORS NAME, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Farm) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment. apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, STREET IMPROVEMENT on BUBB ROAD at MC CLELLAN ROAD, PROJECT 110-9407A-953, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor,transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 6 a s CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of CONTRACT AMOUNT, subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project; give all necessary notices, pay all fees required by law, and comply with t'.i laws, ordinances and regulations relating to the work and to the preservatio-i of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties, or in accordaice with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. Thin paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a ba,akrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. ILz the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Contract Page 3 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors for labor and services rendered and materials furnished in and about the work. CITY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTORS NAME, ADDRESS postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 17, WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take cut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all sub-contractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for wor ryY`s compensation or to undertake self insurance in accordance with the pro•'`.1111_ons of the Labor Code, and I will comply with such provisions before comr-=--iclnC the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a seperate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurances or conditions and effects: earthquakes and tidal waves, when such occurances or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any sub-contractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one(1) year of the dato of acceptance of completion of this Contr&,, t by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 6 ' s CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO CONTRACTORS NAME ADDRESS By: By: Mayor Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: ,1991 City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney C mtract Amount:CONTRACT AMOUNT Account Number: Purchase Order Number: Contract Page 6 of 6 CONTRACT FOR PUBLIC WOiU(S(Continued) PROJECT 110-9407A-953 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT . E, CONTRACTORS NAME as Principal, and as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of CONTRACT AMOUNT lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, ,jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated ,1991 with the Obligee to do and perform rbe following work to-wit: STREET IMPROVEMENT BUBB ROAD at MC CLELLAN ROAD PROJECT 110-9407A-953 NOW, THERFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 1991. (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTORS NAME Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day -if ,1991. Faithful Performance Bond Page 1 of 1 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and CONTRACTORS NAME hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of STREET IMPROVEMENT BUBB ROAD at MC CLELLAN ROAD, PROJECT 110- 9407A-953, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract. providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on Said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, CONTRACTORS NAME as Principal, and , as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of CONTRACT AMOUNT. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under., the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 4 � s CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 110-9407A-953 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by thz Principal and Surety this day of , 19 (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTORS NAME Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,1991. Labor and Material Page 2 of 2