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01-065 Desliva Gates ConstructionRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO I~~I~~~~~~~~~'~'W Titles~l / Pages Fees....* No Fees Taxes... Copies.. AMT PA[D 3 City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 007 5/30/2002 1141 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTArICE OF COMPLETION ANNUAL OVERLAY, PROJECT 2001-04 s- ~~~-~ ~~ r7 O Original O For Fast Endorsement VERIFICrATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under they laws of the State of California, that the foregoing is true and correct. Executed on the 24th day of May, 2002 at Cupertino, California. Deputy City Clerk City Clerk`s Office, City of Cupertino r~ I CONTRACT FOR PUBLIC WORKS This CONTRACT made on AUGUST 14, 2001 by the CITY OF CUPERTINO, a municipal corporation of the Srate of California, hereinafter called CITY, and DESILVA GATES CONSTRUCTION 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. Notice to Contractors, Proposal, Time of C~~mpletion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for 2001 ANNU~IL OVERLAY PROGRAM, PROJECT NO. 2001-04 d. Faithful Performance Bond and Materials Borid. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorseme~it of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. 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 e;~ecuted 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 Plan, 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 overlaying City streets, 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, 2001 ANNUAL OVERLAY PROGRAM, PROJECT NO. 2001-04 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, tran~~portation 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. Ralph A. Qualls, Jr. ' ORIGINAL 3. CONTRACT PRICE. CITY agrees to pa}~, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $1,277,951.00 (ONE MILLION, TWO HUNDRED SEVENTY SEVEN THOU.S~AND, NINE HUNDRED AND FIFTY ONE DOLLARS), 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 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, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 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 l~iw, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection b~~ CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the S~~ecifications 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 and Specifications or the Contract Doc~zments, 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. 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 ENVIRONMENTAL 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 o P the parties. 2 9. TERMINATION, AMENDMENT OR MODIFICATION. 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. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion sectio~i 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 iii transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or b}~ 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 th~~ 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, I-roduction or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisi~~ns 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 i or CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, 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 prose~;ute the same to completion by contract, or by any other method it may deem advisable, for the ~iccount 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 maybe on the site of the work and necessary therefor. 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 judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. 3 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 ~~ONTRACTOR, 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 servf;d 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; CU:PERTINO, 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 dul}~ authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, 11555 Dublin Boulevard, Dublin, CA 94568, 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 se~~led 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 SPECIFICATI~DNS 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 rriust 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. 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 subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the tatter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. 4 In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance o P the work of this Contract." 18. ACCIDENT PREVENTION. Prec~~ution 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 separate 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 occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the 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 dam~~ge 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 subcontractor 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 guarantee: such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 5 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currentl;~ under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: ~iC-GL Ralph A. Qualls, Jr. Director of Public works Attest: ~ City Cl Date: ~9 v~ , 20 ~~ City Clerk APPROVED TO F RM• I / ,~~/~ /~~ G/ City Attorney Project Name & Number: 2001 ANNUAL OVER,GAYPROGRAM, PROJECT NO. 2001-04 Contractor's Name & Address: Contract Amount: $1,277,951.00 Account Number: 270-9450-9300 File No: 98,493.70 DESILVA GATES CONSTRUCTION 11555 DUBLIN BOULEVARD DUBLIN, (:A 94568 PHONE: 9;Z5-829-9220 CONTRACTOR: DESILVA GATES CONSTRUCTION LP By: ~a o~nm ~. Cl. ~.Q MI EL A. KLOOS, VICE PRESIDENT Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. 68-0344477 Social Security # Federal Tax I.D. # Contractor's License No. 704195 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ALAMEDA On AUGUST 14, 2001 ,before me, JAC(~UELINE SPOSETO, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") ' personally appeared MICHAisL A. KLOOS Name(s) of Signer(s) L~] personally known to me ^ proved to me on the basis of satisfactory evidence to be the person( whose name(, is/axe. ,- JACQUELINESPOSEiO 2 •+~F_r~< _ ~` Commission #1174 Y ~'~~ - ` Notary Public -California y '~ , Alameda County ~ MY Comm. Expires Feb 21,2002 subscribed to the within instrument and acknowledged to me that he~xecuted tf~e same in his,C~er~l}ei~- authorized c~pacity{+es~, and that by hiss signature( on the instrument the person~'f, or tf)e entity upon behalf of which the person(,e') acted, executed the instrument. V~IITNESS my hand and official seal. _~ ~ •~~ Place Notary Seal Above Signature of N ary Public OPTIONAL Though the information below is not required by law, it m,3y prove valuable to persons relying on the document and could prevent fraudulent removal and reat!achment of this form to another document. Description of Attached Document Title or Type of Document: CONTRACT -CITY OF CUPERTINO-2001 ANNUAL OVERLAY PROGRAM, PROJECT 4~2001- Document Date: __ AUGUST 14, 2001 Number of Pages: 7 (INCLUDING NOTARIAL) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: MICHAEL A. KLOOS ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ~] Other: VICE PRESIDENT Signer Is Representing: DESILVA GATES CONSTRUCTION LP Top of thumb here ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXECUTED IN TRIPLICATE FAITHFUL PERF~~RMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT WE, DESILVA GATES CONSTRUCTION LP Principal, (contractor's name) and TRAVELERS CASUALTY AND SURETY COIKPANY OF AMERICA Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE MILLION TWO HUNDRED SEVENTY SEVEN THOUSAND NINE HUNDRED FIFTY ONE *** 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. ***AND 00/100THS ($1,277,951.OO;i THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated 20 O1 with the obligee to do and perform the following work to-wit: 2001 ANNUAL OVERLAY PROGRAM, PROJECT 200;_-04 NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 9TH day of AUGUST , 20 Ol, (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR DESILVA GATES CONSTRUCTION LP BY • i ~ u-~.~.ae, u ate,, ~~ MICHAEL A. KLOOS, VICE PRESIDENT Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety Street Address: 555 CALIFORNIA STREET City, State, Zip SAN FRANCISCO, CA 94104 %:`` ~ , B ~, RICHARD S . SVEC Attorney-In-Fact The above bond is accepted and approved this _day of , 20_. BOND N0. 103452435 PREMIUM: $3,706 as Faithful Performance Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On A~tgnst 9, ~~(11 before me, Suman K_ T'~~r, N~tarv Public , personally appeared Richard S. Svec ® personally known to me- OR - ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he execl~ted the same in his authorized capacity, and that ley his signature on the instrument the person, or +~~~~~~~~~~~~~~~~~~~~~~~•~~~~~~~•~~~~~ the entity upon behalf of which the person acted, ~:-~r~ SUP~4AN K. TQ~i ~_ executed the instrument. ~ti,~ ~~ COMM. #1173079 ~ ®~~ NOTARY ?liBIIC • CALIFORNIA mfg:;. SAN MA7E0 COUtiTY A4y ~~ ~nmissian Expires Feb. B, 2002 WITNESS my hand and official seal ~e~aratearaldu~~no~~>tuf~anneune~ / SIGNATURE OF NOTARY oPT>[or~AL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^CORPORATE OFFICER TITLE(S) ^PARTNER(S) ^ LIMITED ^ GENERAL ®ATTORNEY-IN-FACT ^TRUSTEE(S) ^GUARDIAN/CONSERVATOR ^OTHER DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ALAMEDA On AUGUST 14, 2001 ,before me, JACc2UELINE SPOSETO, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") ' personally appeared MICHA]'sL A. KLOOS Name(s) of Signer(s) ' ~~ personally known to me proved to me on the basis of satisfactory evidence tt~ be the person( whose namefj5~ is/are- subscribed to the within instrument and acknowledged to me that he/executed the same in his"'^.T,ar/~t-r;2ii~ authorized capacityHes}, and that by his~~,z~;~ signature on the instrument the person or tl~e entity upon behalf of which the person acted, executed the instrument. JACOJci'NE SPOSEfO Com rr stun # 117426 Nosary P,;~, ;c - California ,~~ A:^-re~a County - n n~ - z,->~ros Feb 2 ~ . 20Q2 V'/ITNESS my hand and official seal. Place Notary Seal Above Signature of Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: FAITHFUL PERFORMANCE BOND-CITY OF CUPERTINO ~~2001-04 2001 ANNUAL OVERLAY PROGRAM Document Date: AUGUST 9, 2001 Number of Pages: 3 (INCLUDING NOTARIALS Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: MICHAEL A. KLOOS ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator K] Other: VICE PRESIDENT Signer Is Representing: DESILVA GATES CONS'PRUCTION LP ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 ~• www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXECUTED IN TRIPLICATE LABOR AND 1VI~~TERIAL BOND BOND N0. 103452435 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and DESILVA GATES CONSTRUCTION LP hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and a;rection by Principal of 2001 ANNUAL OVERLAY PROGRAM, PROJECT 2001-04 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 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 sett forth; and NOW, THEREFORE, WE, DESILVA GATES CONSTRUCTION LP as Principal, (contractor's name) TRAVELERS CASUALTY AND SURETY COMPAPIY OF AMERICA 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 m;~terialmen, persons, companies, or corporations furnishing materials, provisions, provender or c,ther supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or l~~bor 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 ONE MILLION TWO HUNDRED SEVENTY SEVEN THOUSAND NINE HUNDRED FIFTY ONE AND 00/100THS ($1,277,951.00) 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 fact 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 reason~ible attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of a~iy and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought Upon this bond. Labor and Material Page 1 of 2 And the said Surety, for value received., hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, 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 Principal and Surety this 9TH day of AUGUST , 20 O 1 . (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR DESILVA GATES CONSTRUCTION LP MICHAEL A. KLOOS. VICE PRESIDENT Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AEMRICA Surety Street Address: 555 CALIFORNIA STREET City, State, Zip SAN FRANCISCO, CA 94104 r~~ ( RICHARD S . SVEC Attorney-In-Fact The above bond is accepted and approved this __day of , 20_. Labor and Material Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On A»g i~ ct 9, ~(1(I1 h .fore me, Suman K. Tn~r, N~tar; Pnhlic , personally appeared Richard S. Svec ® personally known to me- OR - ^ proved to me on the basis of satisfactory evidence to be the Berson whose name is subscribed to the within instnzment and acknowledged to me that he executed the same in his authorized capacity, and that ley his signature on the instrument the person, or =rrn,n,nnnnn,,,,,r,,,,,"'t't0, • SUM N K T the entity upon behalf of which the person acted, ~ . OOR _ '~ COMM. # 1173079 ~~ NOTARY FUBt IC - GAUfORNIA , executed the instrument. , ~'~'° ` SAN MATtO COUNTY ar., C holy c;enirnasion E::c:ires Feb. B, 2002 ~ WI'I1~IESS my hand and official seal 'u,t„, n, tat„t t,,, n:,,,,t e,e t, t ter SIGNATURE OF NOTARY OPTIOI`JAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ^ INDIVIDUAL ^CORPORATE OFFICER TITLE(S) ^PARTNER(S) ^ LIMITED ^ GENERAL ®ATTORNEY-IN-FACT ^TRUSTEE(S) ^GUARDIAN/CONSERVATOR ^OTHER_• LABOR & MATERIAL BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California County of ALAMEDA On AUGUST 14, 2001 Date personally appeared ss. before me, JACQUELINE SPOSETO, NOTARY PUBLIC , Name and Title of Officer (e.g., "Jane Doe, Notary Public") MICHAEL A. KLOOS Name(s) of Signer(s) ~. personally known to me C proved to me on the basis of satisfactory eliidence JACQUELINE SPOSEiO f } Comr?misslon #~ 174264 ~_,`~'~'' Notary Pi_rolic California /~ Alamx~a ~ n rnty ~ b My 1,,.~im r~ yµ iirnC F tir ~ 1 ~L to be the person(, whose name is/are- s(abscribed to the within instrument and acknowledged to me that he/executed the same in his"~~>~~;• authorized c~~pacity(fes}, and that by hislbe~t#ei~. signature on the instrument the person{,, or the entity upon behalf of which the person~,a~ acted, executed the instrument. Vb'ITNESS my hand and official seal. Place Notary Seal Above Signature of Notary ublic OPTIONAL Though the information below is not required bylaw, it ma3y prove valuable to persons relying on the document and could prevent fraudulent removal and reat~`achment of this form to another document. Description of Attached Document Title or Type of Document: LABOR & MATERIAL BOND -CITY OF CUPERTINO 42001-04 2001 ANNUAL OVERLAY PROGRAM Document Date: AUGUST 9, 2001 Number of Pages: 6 (INCLUDING NOTARIALS) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: MICHAEL A. KL005 '. ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ® Other: VICE PRESIDENT Signer Is Representing: DESILVA GATES CONSTRUCTION LP ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE Ol? AUTHORITY OF ATTORNEY(S~IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Compa~ties") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard S. Svec, Rick F. Prt~ntice, William J. Prentice, Anna Sweeten, Suman K Toor, of San Jose, California, their true and lawful Attorney(s)-in-Fact, vrith full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies., and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporatc: Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, rcxognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMIl~iGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) CUPEI~TINO INSURANCE AGREEMENT A. Contractor is 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 undertake self- insurance in accordance with the provisions of ghat Code, and will comply with such provisions before commencing the performance of the work ~~f this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all. owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, ~;xcepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not tre canceled or modified without thirty (30) days written notice to the City. Contractor shall mai~itain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from thc; provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company ~idmitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. DESILVA GATES CONSTRUCTION LP (Contractor's Name) By:~ ~ ~ ~`1LI~--~ MICHAEL A. KLOOS, VICE PRESIDENT Dated: AUGUST 14 20 O1 Insurance Agreement Page 2 of 2 CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the ,insured named below and are in force at this time. Insured: DeSilva Gates Construction Address: 11555 Dublin Blvd Dublin, CA 94568 Description of operations locations/products insurt:d (show contract name and/or number, if any): William Kuchulis (925) 829-9220 WORKER'S COMPENSATION * Statutory IVZin. * Employer':; National Union Fire Liability (name of insurer) $ 1,000,000 $ 1,000,000 $1,000,000 Insurance Company's State License No. Check Policy Type: Each Occurrence $1, 000 , 000 COMPREHENSIVE GENERAL LIABILITY [ x] Premises/Operations General Aggregate $ 2 , 000 , 000 (if ap~~licable) [ x] Owners & Contractors Protective Aggregate $ 1, 000 , 000 [ x] Contractual for Specific Contract Personal Injury $1, 000 , 000 [ x] Products Liability [ x] XCU Hazards [ x] Broad Form P.D. Fire Damage (any one fire) $ 50, 000 [ x] Severability of Interest Clause [ x] Personal Injury with Medical Expense $ -10 , 000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ 100 , 000 National Union Fire Policy No. 9331160 (name of insurer) Expiration Date 4/1/02 Certificate of Insurance Agreement Page 1 of 2 AUTOMOTIVE/VEHICLE LIABILITY BODII.Y INJURY PROPERTY DAMAGE Commercial Form Erich Person Each Accident Liability Coverage National Union Fire (name of insurer) Each Accident or Policy No. 8260724 Combined Single Limit $ 1, 000 , 000 Expiration Date 4/1/02 A copy of all Endorsements to the policy(ies) which in any way (a is initial) limit the above-listed types of coverage are attached to this Certificate of Insuraaice. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed hereir.-. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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 po ides. IT IS HEREBY CERTIFIED that the above poli~:y(ies) provide liability insurance as required by the Agreement between the City and the insured. By: \ a'r~u~t Dated: / 2pU/ Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Certificate of Insurance Ag•eement Page 2 of 2 CUPEI~TINO ENDORSEMENT OF PRIMARY INSURANCE In consideration of the policy premium and ~lotwithstanding any inconsistent statement in the policy to which this Endorsement is attached or atiy other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: National Union Fire 2. Insurance Policy Number: 9331160 ft260724 3. Effective Date of this Endorsement: August 10 20 Ol 4. Insured: DeSilva Gates Construction All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Joseph E. Daniel (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~', 1 Signature of Authorized Representative:_~, (Original signature required on all Endorse ents furnished to the District) Name of Agent/Agency: Marsh Risk & Insurance Sbc Address: Three Fmbarcadero Center San Francisco, CA 94111 Title: Vice President Telephone: 415 743 8470 Facsimile: 415 743 8074 Primary Endorsement Page 1 of 1 CUPEI~TINO ADDITIONAL INSLrRED ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or ar~y other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declared to be ~~dditional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: National union Fire 2. Insurance Policy Number: 9331160 8260724 3. Effective Date of this Endorsement: August 10 ~~ Ol 4. Insured: DeSilva Gates Construction All notices herein provided to be given by tree Insurance Company to the City in connection with this policy and this Additional Insured Endor:~ement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I~ Joseph E. Daniel (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsemen.tsf rnished to the District) Names of Agent/Agency: Marsh Risk & Insurance Svc Address: Three Fmbarcadero Center San Francisco, CA 94111 Title: Vice President Telephone: 415 743 8470 Facsimile: 415 743 8074 Additional Insured Endorsement Page 1 of I CUPEI~TINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE P'ER PROJECT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS O]:= INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: National Union Fire 2. Insurance Policy Number: 9331160 3. Effective Date of this Endorsement: a,~~„~t 10, 20 Ol 4. Insured: DeSilva Gates Construction 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endor~;ement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Joseph E. Daniel (prindtype name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: O~'l~X (Original signature required on all Endorsements f fished to the District) Names of Agent/Agency: Marsh risk & Insurance Sic Title: Vice President Address: Three E~nbarcadero Center Telephone: 415 743 8470 San Francisco, GA 94111 Facsimile: 415 743 8074 Aggregate Limits F'sndorsement Page 1 of 1 I F CUPEI~TINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or arty other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and emp:~oyees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contr~~ct. 'POLICY INFORMATION 1. Insurance Company: National Union Fire 2. Insurance Policy Number: 7084150 3. Effective Date of this Endorsement: August 10, 2001 4. Insured: Desilva Gates Construction All notices herein provided to be given by tl~e Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Joseph E. Daniel (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements rnished to the District) Names of Agent/Agency: Marsh Risk & Insurance Swc Address: Three Fmbarcadero Center San Francisco, CA 94111 Title: Vice President Telephone: 415 743 8470 Facsimile: 415 743 8074 Subrogation Endorsement Page 1 of 1 CUPEI~TINO NOTICE OF POLICY CANCELLATION ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in! the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is ~ agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: National union Fire 2. Insurance Policy Number: 9331160 8260724 7084150 3. Effective Date of this Endorsement: August 10, 2001 4. Insured: Desilva Gates Construction All notices herein provided to be given by th.e Insurance Company to the City in connection with this policy and this Additional Insured Endor;~ement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Joseph E. Daniel (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~= ~ ` (Original signature required on all Endorseme~b s furnished to the District) Names of Agent/Agency: Marsh Risk & Insurance Svc Title: Vice President Address: Three Fmbarcadero Center Telephone: 415 743 8470 San Francisco, CA 94111 Facsimile: 415 743 8074 Cancellation Endorsement Page 1 of 1 EXHIBIT A BID PR~JPOSAL 2001 ANNUAL OVERLAY PROGRAM, PROJECT 2001-04 TO: THE DIItECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORI~TIA Dear Sir: In compliance with the plans and specification:> fiunished for the work of the 2001 ANNUAL OVERLAY PROGRAM, PROJECT 2001-04, in the City of Cupertino, I, the undersigned, hereby declaze that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes and transportation costs. I, the undersigned, also understand that the estimated quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount - of any class or portion. of the work or to omit itf;ms or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and awazd the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the 2001 ANNUAL OVERLAYPROGRAM, PROJECT 2001-04 as described in the Special Provisions. I, the undersigned, shall diligently prosecute ttie work to completion as scheduled. I fiuther understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. Completion of entire project sixty (60) working days from Notice to Proceed. BID PROPOSAL PAGE 1 OF 9 CITY Of~ CUPERTINO 2001 ANNUAL OVERLAY PROGRAM ESTIMATED QUANTITIES: BASE BID The low bidder will be determined on the basis of the sum of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at th~~ discretion of the City at the time of the award. The bid unit Drices for this ~rniec-t shall hp nutlinAri hplnw ITEM NO. APPROX. QTY. UNIT REM DE:~CRIPTION UNIT PRICE TOTAL ITEM PRICE 1 - Is Traffic Control - ~q ODC~ i?O 2 88,335 s Pavement Reinforcin Fabric: _ I o0 88335 3 761 to 3/8' As haft Concrete T e .4 ~t7 °=~ ~3 2'70° 4 3,360 to 1/2' As haft Concrete T e A ,~Q°-° p ~~' 5 7,234 to 3/4' As halt Concrete T e 13 'jrj ate. 3~'-'I ~, ~°-° 6 10,886 s Cold Plane & Remove 1.5" AC 2 °-° Z l --l 7 °_°_ 7 10,669 s Cold Plane & Remove 2' AC 2 w 'Z 1 3 ~jO°- 8 40,870 s Cold Plane & Remove 2.5" AC Z °= 8 ~ "'1~°-° 9 8,529 Cold Plane & Remove 3' AC Z.a" p5~°= 10 9,795 If Ke cut T e A Z,°=°• ~ ~ r,~-~Q°= 11 1,748 If Ke ut T e B ~ ~ 3~(~°-'- 12 3,104 sf 3' Di out °-p ~ "~ l'Z.~ 13 3,510 sf 4' Di out y ~ l~iJ4Q~ 14 4,960 sf 5' Di out S 'nO co 15 15 ea Access Ram T e A I S 0 0 ~~ Z.Z S UD "~ 16 4 ea Access Ram T e B ~ ~°^ (~p~~ 17 230 sf Remove & Re lace Concrete Drivewa A roach ~~ ~,~^~~~= 18 0 ff Remove & Re lace Concrete Barrier ~ dd~~ 19 6 ea Lower Pac Bell Covers Prior 1'o Cold Planin 2 °-~ ( °~ 20 6 ea Ad'ust Pacfic Bell Manhole Covers to Finish Grade ~t~~~ 2~ "' o0 21 86 ea Lower Manhole Covers Prior'to Cold Planin ~,(;Q~© 'j ~ 22 105 ea Ad ust Manhole Covers to Finish Grade 3 ~rj ~® 3L{ 1 Z.S ~ 23 75 ea Lower Valve Covers Prior to (:old Planin (7- 24 82 ea Ad ust Valve Covers To Finish Grade ;1.2 ~~ l ~-{ " oa 25 1 ea Ad ust Vauft To Finish Grade S oo cx~ - 26 3 ea Install Surve Monument Covers '~,~ ~ t3D 27 18 ea Lower Surve Monument Covers Prior to Cold Planin l , ~ 00 ~.~d0 °~ 28 30 ea Ad'ust Surve Monument Covers to Finish Grade oa a`~ t~ 29 31 ea Blue Reflective Pavement Marker ®Fire H Brant a~~ (c217~' 30 58 ea Install Si nal Loos ~~~ ~533~0`~' 31 324 If Detail 5 -Dashed Centerline Thermo ~ ob ~y ~ 32 8,581 If Detail 10 -Dashed Laneline Markers ~ ~ ~ ~ 33 4,097 M Detail 21 - No Passin Zones -Two Directions ermo ~©•-' ~"~~~~ ~° Bid Proposal Page 2 of 9 CITY OF~ CUPERTiNC) 2001 ANNUAL C)VERLAY PROGRAM ESTIMATED QIJANTiTiES- R~S~ Rin ITEM NO. APPROX. QTY. UNIT ITEM DE;~CRIPTiON UNIT PRICE TOTAL ITEM PRICE 34 145 if Detail 23C - No Passin Zones -Two Directions Markers ~.~ ~ 35 3,719 If Detai124 -Left Ed a Line hermo ~ `=~ '~ f , ~~ 36 266 If 4' Sin le Yellow Solid Centerline ermo ~ ®° ,Z~~o® 37 0 If Detail 30 -Median Island Markers ~ () ~~ 38 1,224 If Detail 31 -Two-Wa Left Tuim Lanes ermo 2.~ ~yy~ ~'° 39 105 If Detail 33C - Two-Wa Left'~~um Lane Markers ~ ~ ~ 40 4,008 If Detail 38 - 8° Channelizin Line ermo & Markers 2 ®v ~! oa 41 6196 ff Detail 39 - Bike Lane Line Thermo ~ ~ (~, (~'{ (~, °° 42 1,598 If Detail 39AC -Dashed Bike Lane Line ermo ~ vo c~ 43 143 ff Detail 40 -Lane Line Extension ermo ~ ~{'2 a.~ 44 322 If 12' Yellow Crosswalk Line Thermo ~~ ~O 45 2,265 If 12' White Crosswalk/ Limit Line ermo 3c7o (~"! ~ ~ ~~ 46 4 ea "25° L end ermo ~ Coo p° 47 2 ea °30' L end ermo ~~ ~ 48 2 ea °35° Le end ermo 00 fiQCj -~ °O 49 3 ea AHEAD L end ermo ~ ~WO~" ~ 50 3 ea Bike Lane Le end Grou Punt ~o Qf~'" op 51 6 ea CLEAR Le end ermo n© (~~ --~ o0 ~-{(j - 52 6 ea KEEP Le end ermo ~ ~ ~-`,Q~ ~~o 53 1 ea LEFT Le end ermo I 0~-° ~ y()~ 54 1 ea NO L end ermo I oo ~ 4() do 55 4 ea PED Le end ermo ~~~ 5~©~ 56 3 ea SCHOOL Le end ermo , ~{,®~ 'r'~ Z~ "'" 57 3 ea SLOW end ermo ~ ~O y~ ,~ ego ~.tJ 58 11 ea STOP L end emto ~,~~ ~ l ~o~l~ 59 1 ea TURN Le end ermo ~ cU 60 7 ea XING Le end ermo ~~~ ~. ~ ~~ 61 0 ea YIELD end ermo oO ~ `" 62 2 ea T 1 L end - Strai ht Arrow mto 1 coo ~ d ~U~ 63 44 ea T e IV Le end - Tum Arrow errno ~ 7d ' ~ 3l`~ 64 2 ea T e VI L end - Me a Arrow ermo ~ ~~ ~d "~ 65 4 ea T e VII L end - Tum/Straic ht Arrow ermo ~ o~~ ~GU 66 - is Ad ust Crosswalk Li htin Fa~~ilities to Grade - 67 1 200 sf Glas rid Reinforcin Mesh 0o ~."- as Z.~~-- TOTAL I ~Z 1 ~I ;~ ~ I ~° Bid Propo:oal Page 3 of 9 CITY 01= CUPER iTiNO 2001 ANNUAL +OVERLAY PROGRAM ESTiMATFD QUANTITIES: BID ALTERNATE -SCHEDULE A BOLLII~GER ROAD Westl~ynn - DeFoe The low bidder will be determined on the basis of the stem of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at the discretion of the City at the time of the award. The bld Unlt DrICES fOr thls nrAiar_t shall hc+ n~rtlinari hclnui ITEM NO. APPROX. QTY. UNIT __ ITEM DE:iCRIPTION UNIT PRICE TOTAL ITEM PRICE 1 - is Traffic Control ~ (x'~ `~ ! vC~~ ~' 2 6,955 Pavement Reinforcin Fabru~ ~°= (~-,.. ~ ~O °-° 3 188 fi 3/8' As halt Concrete T e .A -]~ =° j 2J ~ ~ °= 4 587 fi 1/2' As halt Concrete T e ,A rj°= ~~ ~ ~c~. °O 10 1,858 ff Ke ut T e A °O 11 276 If Ke cut T e B Z °°° 55 Z °-° 22 6 ea Ad'ust Manhole Covers to Finish Grade ~ ?,~~ "' dQ ~ ~~ -- 24 3 ea Ad ust Valve Covers To Fnis~h Grade ~,',~,fj~o --(a °~' 28 1 ea Ad'ust Surve Monument Covers to Fnish Grade 2.54`0 ~~, p° 29 2 ea Blue Reflective Pavement Mrirker ®Fire dram ~~ ~-(,~`'n 33 125 ff Detail 21 - No Passin Zones; -Two Directions emto 'Z°° 00 2. 38 36 If Detail 31 - Two-Wa Left Turn Lanes ermo op -- ao "(, 'Z, ^ 39 708 ff Detail 33C - Two-Wa Left Tum Lane Markers X00 Z C Zt{ ~ 40 96 ff Detail 38 - 8' Channelizin Une ermo & Markers 00 ~ ^ ~ ~2„ ~ 41 2,530 If Detail 39 - Bike Lane Une hereto ~ 00 47 1 ea '30' Le end ermo ~ ~~ ~ ~ °b ~ 1 ea T IV Le end -Tum Arrow ermo ~ oc TOTAL ~g,~ 2 ~ o~ Bid Proposzd Page 3A of 9 CITY OF~ CUPERTiNO 2001 ANNUAL OVERLAY PROGRAM ESTIMATED QUANTITIES: BID ALTERNATE -SCHEDULE B CYPRESS COURT Cypress -End The low bidder will be determined on the basis of the sum of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at th~~ discretion of the City at the time of the award. The bid unit Drices for this oroiect shall hp rn ~tlinad halnw ITEM NO. APPROX. QTY. UNIT ITEM DE:~CRIPTION ~ UNIT PRICE TOTAL ITEM PRICE 1 - Is Traffic Control (~ oca0 `~ (,~OCY> °-° 2 496 Pavement Reinforcin Fabric 2°-° - q q Z `°-' 3 14 to 3/8' As halt Concrete T e ~~ t30'-~ 1 I Z..~~ 4 42 to 1/2" As halt Concrete T A ~~~` j?j,/oQ °= 10 225 ff Ke cut T e A ~ 2, ~" ' ~{-s Q `~ 11 80 If Ke ut T e B ~ ~ 2°~ ((~Q °-~ 13 150 sf 4' Di out ~o ~ co -. 16 2 ea Access Ram T e B 1~JOO ~~ ~jOCO ao 24 1 ea Ad'ust Valve Covers To Fnish Grade co 2z,5 ^ do ZZS '"' 28 1 ea Ad'ust Surve Monument Corers to Finish Grade 22~ ca ~~ °-~ TOTAL ~ ~ ~ ~~ o0 Bid Propos~~l Page 3B of 9 CITY OF= CUPERTiNO 2001 ANNUAL t~VERLAY PROGRAM ESTIMATED QUANTITIES: BID ALTERNATE -SCHEDULE C HYDI= AVENUE Bollinger - Shadygrove The fow bidder will be determined on the basis of the st;im of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at th~~ discretion of the City at the time of the award. The bid unit prices for this oroiert shah hp n..tllnarl nah~u ITEM NO. APPROX. QTY. UNIT ITEM DE~ICRIPTION UNIT PRICE TOTAL ITEM PRICE 1 - Is Traffic Control ~ 3~~pp ~' 3rOp ~ 2 4,813 s Pavement Reinforcin Fabric: °= ~ (~~ O° 3 130 to 3/8" As halt Concrete T e A 1 O ~ q 100 °-° 4 406 to 1/2" As halt Concrete T e A (05 ~ ZG ~ D eo 10 2,533 ff Ke ut T e A .2, °-" J C~ °_° 11 190 ff Ke ut T e B ~ Z,'~°- zip °._°. 16 4 ea Access Ram T B 1500 °-° ,GOO °-° 18 16 If Remove & Re lace Concrete Barrier ~jQ~o _„~('~°-o 20 1 ea Ad ust Pacific Bell Manhole Covers to Fnish Grade c-{ a0 ~ 22 5 ea Ad'ust Manhole Covers to Fnish Grade 32,E ~' ~ (~~,so® 29 2 ea Blue Reflective Pavement Mau'ker ®Fire H dram ao ~"' OCC 33 107 ff Detail 21 - No Passin Zones -Two Directions ermo 00 2. `~ Z L ~ °Ci 45 210 ff 12' White Crosswalk/ Umit Une ermo 3°^0 °~ 46 1 ea '25' Le end ermo ~ (,b o ~ (©~ ~ 58 1 ea STOP Le end ermo 00 `©~ °" 00 I (~ -- TOTAL 00 ~ ~ 9 ~ 1 Bid Proposal Page 3C of 9 CITY Olf= CUPERTINO 2001 ANNUAL I~VERLAY PROGRAM ESTIMATED QUANTITIES: BID ALTERNATE -SCHEDULE D MCCLE:LLAN ROAD Orange -Byrne The low bidder will be determined on the basis of the sum of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at the discretion of the City at the time of the award. The bid unit prices for this oroiect shall he rn,tlinPrf hrPlrrau REM NO. APPROX. QTY. UNIT ITEM DE:>CRIPTION ~ UNIT PRICE TOTAL ITEM PRICE 1 - Is Traffic Control -'7 SUO =o , rJL~~ °~ 2 3,908 Pavement Reinforoin Fabric Z,°-" ~ ~ g 16 °° 3 106 to 3/8' As halt Concrete T ,4 o~ 10 -" `~ ~} ~ °= 4 317 to 1/2' As halt Concrete T ,4 (prj°a ZQ (~~j oa 10 1,810 If Ke utT eA Z, °= 3,20°-°- 11 115 ff Ke ut T B Z.~ Z ~O pO 22 5 ea Ad'ust Manhole Covers to Finish Grade 3Z ~ ~ ((,~z °~ 24 2 ea Ad'ust Valve Covers To Fniah Grade Z Z~ "-° ~ SQ o0 28 1 ea Ad'ust Surve Monument Covers to Finish Grade ZZS °~ 2 ~ ~o 29 1 ea Blue Reflective Pavement' Marker ®Fire H dram 00 ~ "' °a ~Q --~ 34 29 ff Detail 23C - No Passin Zon~ss -Two Directions Markers °Q 2 -" OC> 35 763 If Detail 24 -Left Ed a Line ienno t?o , ~ ©C, 37 767 ff Detail 30 -Median Island M~ukers 3°~ -- Z ~ ~° 41 1,086 H Detail 39 - Bike Lane Line hereto n~ ® (50 42 187 ff Detail 39AC -Dashed Bike L•3ne Line ermo ~~ ~ ~~ ~O 46 1 ea '25' Le end ermo 1 ~~ ~ 00 66 1 Is Ad'ust Crosswalk Li htin Facilities to Grade 4 ©C;U°~ dt~ (5~®d "" TOTAL ~~ ~ ~ ~ o0 Bid Proposed Page 3D of 9 CITY OF= CUPERTiNO 2001 ANNUAL ~~VERLAY PROGRAM ESTIMATED QUANTITIES: BID ALTERNATE -SCHEDULE E PEACHI TREE LANE Plumtre~e - Cherrytree The low bidder will be determined on the basis of the sum of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if selected, at the discretion of the City at the time of the award. The bid unit prices for this oroiect shall be outlined below ITEM NO. APPROX. QTY. UNIT ITEM DE:iCRIPTION ~ UNIT PRICE TOTAL ITEM PRICE 1 - Is Traffic Control (~OQp °-° ~OC~ ~=' 2 2,639 Pavement Reinforcin Fabri~~ Zoe ~ Cj 21 b am 3 72 to 3/8' As halt Concrete T A '10°"~ ~ br{-Q `~ 4 214 to 1/2' As halt Concrete T A ao5°-~ ! 3 ~l l d °=` 10 1,077 ff Ke cut T e A ~.~ 2.~ ~-o-°, 11 179 ff Ke ut T e B ~ Z. o0 3SSd' 16 4 ea Access Ram T e B 1 SOO °= ~d ~ d oG 22 2 ea Ad'ust Manhole Covers to Fnish Grade 3~~ i~5('°O 28 1 ea Ad'ust Surve Monument Covers to Fnish Grade ~ oo Z2~~ 29 1 ea Blue Reflective Pavement Marker ®Fre H dram ~r~c ~ 45 33 ff 12' White Crosswalk/ Limit Line ermo 00 ~ ,o© 46 1 ea '25' Le end ermo I (,~°D ~ pQ ~o 61 1 ea YIELD Le end emto ~ ~~ ~ o0 TOTAL 3 ~ ~ ~' ~~ Bid Proposal Page 3E of 9 I, the undersigned, agree that if this proposal is ~~ccepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declaze that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one: job over another and each starting date where conflict of construction schedules occur. - Attached hereto is the required certified check or bid bond in the amount of $"Bin BOND" , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 4 OF 9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUB~VII'TTED WITH BID I, the undersigned, being first duly sworn, depose and say that I am VICE PRESIDENT (Business Title) ~~f DESILVA GATES CONSTRUCTION LP (Business Name) the parry making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, asso~;,iation, 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 bi.d, 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 refirain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or confE:rence with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhe~~.d, 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. 111 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 effectuaxe a collusive or sham bid. BID PROPOSAL PAGE 5 OF 9 BIDDER QUALI~~ICATION FORM In further compliance with the specifications funushed, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 6 years. (FORMERLY KNOWN AS OLIVER DE SILVA, LNC.) Our experience in work comparable with that required by the proposal contract is 40 years operating under the following different name(s). OLIVER DE SILVA, INC. My California Contractor's License Number is _ 704195 - The classification of my Contractor's License is A & C12 The expiration date for my Contractor's License is MARCx 31, 2003 * (This Section for City use only) - * The ab ve information has been verified by on Contractors State License Board (800) 321-2752 or (408) 277-1244. Where federal funds are involved, no bid subnutted shall be invalidated by the failure of the bidder to be licensed in accordance with the law;~ of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. BID PROPOSAL. PAGE 6 OF 9 BIDDER ffiSTORY OF WORK The following is an example of work similaz in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) Y~• For Whom Contact Year Location Type of Work Performed Phone No. Amount ***SEE ATTACHED LIST OF EXPERIENCE*** - BID PROPOSAL, PAGE 7 OF 9 DeSILVA GATES CONSTRUCTION COMPLETED PROJECT EXPERIENCE for LAST FIVE YEARS List of Public Works Projects completed during the last five years PROJECT NAME B OWNER NAME OWNER REPRESENTIVE CONTRACT VALUE CONTRACT COMPLETION VALUE IN S DESIGNER DESCRIPTION (DAYS) OF PENALTIES OF PROJECTS WORK TYPE OF WORK NAME PHONE NUMBER ORIGINAL FINAL ORIGINAL IMPOSED PERFORMANCE 1880/MONTAGUE EXPWY. CALTRANS BIJAN AHMADZADEH (510) 441-0140 CALTRANS HIGHWAY WIDENING $11,148,999 $11,148,999 320 NONE HIGHWAY WIDENING 1880 WIDENING CALTRANS LLOYD WOOD (510) 881-3955 CALTRANS HEAVY HWY. CONSTR. HEAVY HWY CONSTRUCTION $16,320,758 $20,000,000 375 NONE SAN LEANDRO 'A' STREET HIGHWAY 87 AND CALTRANS FRANK WEISHAAR (408) 277-1165 CALTRANS RECONSTR. OF HWY. LIGHT RAIL TRANSIT (R) $33,998,326 $39,300,000 400 NONE & LIGHT RAIL WORK 580/238 SEPARATION CALTRANS LLOYD WOOD (510) 881-3955 CALTRANS HEAVY HWY. CONSTR. HEAVY HWY CONSTRUCTION $41,000,000 $43,673,883 550 NONE CASTRO VALLEY/HAYWARD OYSTER POINT UC (R) CITY OF JOHN GIBBS (415) 877-8542 CH2M HILL HEAVY HWY. RECONST. HEAVY HWY CONSTRUCTION S. SAN FRANCISCO $18,500,000 $20,261,746 650 NONE AT OYSTER POINT HWY. 85 TO PROSPECT CALTRANS NADER ESGHIPOUR (408) 866-0117 CALTRANS HEAVY HIGHWAY HEAVY HWY CONSTRUCTION $29,492,277 $31,500,000 428 NONE CONSTRUCTION 101 - McKEE ROAD (R) CALTRANS ROBER D. CRAIN (408) 982-8960 CALTRANS HEAVY HIGHWAY HEAVY HWY CONSTRUCTION $11,300,000 $11,804,000 730 NONE CONSTRUCTION RTE. 99/KEYES CALTRAN DON LANE (209) 394-0640 CALTRANS HEAVY HIGHWAY HEAVY HWY CONSTRUCTION $11,222,222 $12,400,000 440 NONE CONSTRUCTION HWY. 80/DAVIS CALTRANS RUSSELL COX (916) 741-4231 CALTRANS HEAVY HIGHWAY HEAVY HWY CONSTRUCTION $4,400,000 $4,900,000 255 NONE CONSTRUCTION 1880/AUTOMALL PARKWAY CALTRANS BIJAN AHMADZADEH (510) 441-6140 CALTRANS HEAVY HIGHWAY HEAVY HWY CONSTRUCTION $9,188,888 $11,000,000 380 NONE CONSTRUCTION CASTRO STREET CITY OF RICHMOND BILL THERRIAULT (510) 237-8898 CITY OF STREET RECONSTRUCTION IMPROVEMENTS (BECHTEL) $9,358,515 $11,429,066 350 NONE RICHMOND ATLAS ROAD /RICHMOND CALTRANS JERRY SANTIAGO (510) 231-7130 HEAVY HIGHWAY 1-tfU HILLi VY .p IJ, ILU, IJ 1 .piu,a4G, i i i ~:.~. ~:E C.".LTR~!`IC !`llA1CTRl1(`TIDN HWY. 12 / SUISUN CALTRANS CARL BUTTERS (707) 428-2024 HEAVY HIGHWAY SOLANO COUNTY $9,231,415 $10,961,690 570 NONE CALTRANS CONSTRUCTION CENTRAL AVENUE CALTRANS RONALD HOCLIS (916) 654-5042 HEAVY HIGHWAY UNDERCROSSING $15,567,116 $18,106,834 390 NONE CALTRANS CONSTRUCTION RTE. 80 HOV FLYOVER CALTRANS SEY HOSSNIEH (510) 286-1342 HEAVY HIGHWAY OAKLAND/EMERYVILLE $8,206,065 $11,984,827 625 NONE CALTRANS CONSTRUCTION HWY 101/92 - 3RD STREET CALTRANS CATHERINE ZAMMIT (415) 570-0591 HEAVY HIGHWAY SAN MATEO $8,744,444 $9,776,136 300 NONE CALTRANS CONSTRUCTION RTE 2371101 SEPARATION CALTRANS OSCAR REYES (650) 961-1002 HEAVY HIGHWAY MAUDE/MIDDLEFIELD ROADS $15,855,614 $16,893,465 560 NONE CALTRANS CONSTRUCTION RTE 16 NEAR CALTRANS LUIS RIVAS (916) 255-1091 HEAVY HIGHWAY SLOUGHHOUSE $9,585,309 $10,306,929 350 NONE CALTRANS CONSTRUCTION SUBCONTRAt:TOR'SFQRM The subcontractor(s), as defined in the General :Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name C H-FZ tS P ~" 0 m PPrvaY Contractor's L- icense No. 3-l g-laoC~ Address & phone no. ~CZ-EE M.n1JT , L/ac l 5 lo> ~~~- 28 9 O Work to be Performed •P!~-~~ M ENT" 'flE u N ~ l4T10~1 2. Name ~tl ~f~ ~ 1~T~- GR-A~ ~~_ Contractor's License No. -1 ~32`~IGI " Address & rhone no. lr~rt" 1~~1-LE> ~ C ~ (~~ 32-1- ~t`14 Z Work to be performed ~'c17J uST U't'1 t-1 TI >~S 3. Name T ~L F 1/~ OIL _ Contractor's License No. `I `-I ~ -1 ~~ Address & phone no. MAC-t"11~ ~Z , U_'~ (q2s~ 2Zg - (~ 15 Work to be performed P~ ~ N ~ F PcZ3~~C~ 4. Name ~"~NN`f5a-J ~t.~cT~tG Contractor's License No. -l 1-i °I,~i 8 Address & phone no. L ~ ~ E/~ M.o R-Ei , C~ C~i 2 S~ ~ca~, - t C53t~, Work to be performed 1=L EG'r Ez~,-4L. 5: Name Jo$• J• ~rl-$~N~~ Contractor's License No. 29°!~O Address & phone no. 5 ~ iv T~} C~.p~y , ~f} (y o g~ ~ 2 ~ - S ~ DO Work to be performed ~' D N~' R ~ T E 6. -Name Contractor's License No. Address & phone no. Work to be performed BID PROPOSAL. PAGE 8 OF 9 BIDDER'S SIGPIATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATIC. 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 Nt~-ME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETA]ZY-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 NAME OF BUSINESS GRADING & PAVING CONTRACTORS BUSINESS DESILVA GATES CONSTRUCTION LP CORPORATION: N/A CO-PARTNERSHIP: LIMITED PARTNERSHIP IlvDIVIDLTAL: N/A . JOINT ~~;NTURE: N/A OTHER: N/A ry (Describe) Name and Signature of Bidder: I ~ ~ lt, 1``~ (Pivit or type name) MICHAEL A. KLOOS, VICE PRESIDENT Date: AUGUST 1, 2001 Address (mailing & location): 11555 DUBLIN BOULEVARD, DUBLIN, CA 94568 Telephone Number: (925) 829-9220 Acknowledgment of all addenda received is requiired by circling each addendum number. Ol 2 3 4 5 6 7 8 9 10 BID PROPOSAI. PAGE 9 OF 9