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01-088 OC Jones & Sons, Inct- i U E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on S(V) fi'1 , r-Q C CJ c'�, by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and O.C. Jones & Sons, Inc., 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 Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. Plans and Specifications for Street Widening Project Stevens Canyon Road From Santa Lucia Rd. to County Park Entrance, Project No. 98 -120 d. Faithful Performance Bond and Materials Bond. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement 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 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 widening of Stevens Canyon Rd. from Santa Lucia Rd. to County Park Entrance 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 Widening Project Stevens Canyon Road From Santa Lucia Rd. to County Park Entrance, Project No. 98 -120 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. Ralph A. Qualls, Jr. 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 Nine Hundred and Seventy Two Thousand, Six Hundred and Twenty Nine Dollars and ten cents ($ 972,629.10) 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 law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and 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. 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 of 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 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 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, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In t:he 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. 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 3 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. 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, 1520 Fourth Street, Berkeley, CA 94710, 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. 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 latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. L[ 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 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 hidustrial 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 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 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 guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 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 currently 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 CUPERT By: Attest: City erk Date: a,*� % , 2002 City Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR: By: Robert Pelascini, 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. Social Security # 94- 3320164 Federal Tax I.D. # Contractor's License No. 7 5 9 7 2 9 Project Name & Number: Street Widening Project Stevens Canyon Road From Santa Lucia Rd. to County Park Entrance, Project No. 98 -120 Contractor's Name & Address: O.C. Jones and Sons, Inc. 1520 Fourth Street Berkeley, CA 94710 Contract Amount: $ 972,629.10 Account Number: 270 - 9430 -9300 File No: 98,018.20 0 #%AN iCnOMIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Alameda On 12 -03 -01 before me, -yrbil B Garcia, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Robert Pelascini , Names) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(a� whose name(o is /are - subscribed to the within instrument and acknowledged to me that he /she they executed the same in his /ber/theirauthorized capacitykioe), and that by his /4KAbeir-signature(.s -on the instrument the person(sfi, SYBIL B' =IA or the entity upon behalf of which the personal acted, CommWellon * 132M06 Nob" pd &_ executed the instrument. Alameda Counq► UyCortME -- FI I S8P%2M5 WITNESS my hand and official seal. —�' Signature of Notary 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 reattachmen of this form to another document. Description of Attached Document Title or Type of Document: Contract - Cupertino Document Date: 12 -3 -01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Pelascini ❑ Individual Lk Corporate Officer Title(s): Presi ent ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: 0, r Tones & Sons, Tnc. Signer's Name: FM- Ll Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga F'arK, cA ai suy -1104 1 —I RIGHT THUMBPRINT OF SIGNER •• of thumb here m CUPERTINO 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 that Code, and will comply with such provisions before commencing the performance of the work of 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, excepting 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 be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain 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 the 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 admitted 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. 0. (:. ones & S ons Inc By: �l ,�,w� (Contractor's Name) Robert Pelascini, President Dated: nP r- is 2041 Insurance Agreement Page 2 of 2 - ACORD CERTIFICATE OF LIABILITY INSURANCE OPID A9 DATE(MM /DDIYY) PRODUCER Jenkins /Athens Ins Concord License No. 0545478 P. O. Box 5668 JON -1 12/04/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord CA 94524 -2029 P LICY EXPIRATI N DATE MM /DD/YY Phone:925- 798 -3334 Fax:925- 671 -9533 INSURERS AFFORDING COVERAGE INSURED INSURERA: Steadfast Insurance Compan INSURER B: SafeCo Insurance Co anies EACH OCCURRENCE $ 1000000 INSURER C: American Intl Specialty Lines O.C. JoneB & Sons, Inc. 1520 Fourth Street Berkeley CA 94710 SC0927630800 INSURER D: State Compensation Ins Fund 1 VSURER E: FIRE DAMAGE (Any one fire) $ 50000 VV Y Lf \f1 V GJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLI Y EFFE TIVE DATE MM /DD/YY P LICY EXPIRATI N DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [ X] OCCUR SC0927630800 04/01/01 04/01/02 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ 0 X Excess $25000 SIR PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO CT LOC JE PRODUCTS - COMP /OP AGG $2000000 AUTOMOBILE LIABILITY B ANY AUTO BA8336522A 04/01/01 04/01/02 COMBINED SINGLE LIMIT (Ea (Ea accident) 1000000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ C EXCESS LIABILITY 41 OCCUR CLAIMS MADE BE7412675 04/01/01 04/01/02 EACH OCCURRENCE $ 5000000 AGGREGATE $ 5000000 DEDUCTIBLE X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 46743401 0.1 / /01/01 04/01/02 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT 1 $ 1000000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/E:XCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 10 day notice of cancellation will apply if cancelled for non - payment of premium. RE: Street Widening Project Stevens Canyon Rd from Santa Lucia Rd to County Park Entrance, Prj #98 -120. The City of Cupertino ( "City ") & its directors, officers, engineers, agents & employees, & all public agencies from whom permits will be obtained & their directors, officers, engineers, agents & employees are hereby declared to be additional 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. Insured's coverag is Primary & Non - Contributory. Waiver of Subrogation applies to WC. Endorsements attached. General Aggregate limit projects, CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CUPER -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL F I�%y,0M MAIL 3_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT�('�]jX,� City of Cupertino 10300 Torre Avenue Cupertino CA 95014��44X C t\ c ACORD 25 -S (7197) ©ACORD CORPORATION 1988 Steadfast Insurance Company ZURICH Additional Insured — Primary Non - contributory, Waiver of Subrogation, Notice of Cancellation THIS ENDORSEMENT CHANGES THE ]?OLIC_Y. PLEASE READ IT CAREFULLY Named Insured: 0. C. Jones & Sons, Inc., etal Policy No. SC09276308 -00 Policy Period: April 1, 2001 to April 1, 2002 This mdorsement modifies insurance provided under the: Commercial General1bbility CoveragePart SCEUMULE Name of Person or Organization: The City of Cupertino & its directors, officers, engineers, agents & employees, & all public agencies from whom permits will be obtained & their directors, officers, engineers, agents & employees but only with respect to the operations of the Contractor at or upon any of the premises of the City of Cupertino in connection with the contract with the City. 1. Who Is An Insured (Section In is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" or premises owned by or rented to you. Also, the insurance provided by this policy will be primary and not - contributory insurance, but only as respects a claim, loss or liability arising out of insured operations or work on behalf of you performed under an "insured contract" between you and the person or organization shown in the schedule above, that requires you to maintain such primary and non - contributory insurance and to include them as an additional insured. 2. The following is added to Section IV, Conditions, paragraph 13, Transfer of your Rights and Duties Under This Policy:. If you are required by a written contract or agreement; which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights applies only if you are required by a written contract or agreement, which is; executed before a loss, to waive your rights of recovery from others, and shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. 3. In the event that this policy is cancelled before the: expiration date thereof, the company will mail thirty (30) days prior written notice to the additional insured(s) if such prior written notice of cancellation is required by written contract or agreement. Couniaersi?ned Authcrized Representative 1 S` 1�I .31 SAFEC0" POLICY NUMBER: BA 833 65 22A 0. C. JonE!s and Sons, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION Section IV � BUSINESS AUTO CONDITIONS A.,5 is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injuh►" or "property damage" under an "Ensured contract." 2 BLANKET PRIMARY INSURANCE This insurance is considered primary and we will not seek contribution from any other insurance available to you for any person or organization for whom you are required under an Insured contract' to provide insurance, but only to the extent that this Is provided under Section IV — BUSINESS AUTO CONDITIONS B.5. Other Insurance. 3. BLANKET ADDITIONAL INSURED Any person or organization for whom you are required under an "insured contract" to provide insurance is considered an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" underthe Who Is An Insured provision contained in Section II of the Coverage Form. 4. PRIOR NOTICE OF CANCELLATION in the event of cancellation or reduction In the limits of Insurance of the Coverage Form, we will mail at least thirty (30) days prior written .notice to any person or organization for whom you are required to provide such notice under an "Ensured contract," provided you notify us of such contract requirement at least forty -five (45) days prior to the cancellation or reduction. APPLIES T0: The City of Cupertino & its directors, officers, & all public agencies from whom permits will be officers, engineers, agents & employees but only of the Contrctor at or upon any of the premises connection with the contract with the City.' engineers, agents & employees, obtained & their directors, with respect to the operations of the City of Cupertino in Aut \rized Repre ntative 1� BA 72 41 10!97 Wepawad Mdw%uh d SAFECO Cam» ' ZURICH Steadfast Insurance Company POLICY NO. EFF. DATE OF POL Ems'. DATE OF POL EFF. DATE OF ENDT. PRODUCER DATE PREPARED ENDORSEMENT SCO 9276308 -00 4/1/2001 4/1/2002 4/1/2001 75409 -000 5/9/2001 48 Named Insured: O.C. Jones & Sons, Inc. Designated Construction Project(s) - General Aggregate Limit Defense Costs Inside Limits THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHE MULE Street widening project. Stevens Canyon Road from Designated Construction Projects: Santa Lucie Rd to County Park Entrance for the City of Cupertino, CA. Where required by written contract but only as respects Commercial Projects. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as "damages" and "covered expenses" caused by "occur- rences" under COVERAGE A. (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General .Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all "damages" and "covered expenses" under COVERAGE A, except "damages" and "covered expenses" because of "bodily injury" or "property damage" included in the "products - completed operations hazard" and for medical expenses under COVERAGE C regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or, c. Persons or organizations making claims or bringing "suits ". STF -CGL -1404 A CW (8/98) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Any payments made under CO � _,ZAGE A for "damages" and "covered expenst-_ or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. How- ever, instead of being subject to the General Aggregate Umit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as "damages" and "covered expenses" caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed onlv to ongoing operations, at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for "damages" and "covered expenses" or under COVERAGE C for medi- cal expense shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for "dam- ages" and "covered expenses" because of "bodily injury" or "property damage" included in the "products- completed opera- tions hazard" will reduce the Products - Completed Operations Aggregate Limit, and-not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specification or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. STF -CGL -1404 A CW (8/98) Page 2 of 2 STATE COMPENSATION I N S U R A N C E FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12.01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBRO TON ENDORSEMENT AGREEMENT EFFECTIVE AT 12 :01 A.M. April 1, 2001 AND ]EXPIRING AT 12 :01 A.M. April 1, 2002 ANYTFIING IN THIS POLICY TO THE COIF TRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAI'V'ES ANY RIGHT OF SUBROGR.ATION AGAINST, The City of Cupertino ( "City ") & its directors, officers, engineers, agents & employees, & all public agencies from whom permits will be obtained & their directors, officers, engineers, agents & employees WHICH MIGHT ARISE BY REASON OF A:NY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED VY, O. C. Jones & Sons, Inc. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE RENL7MERA7TION OF EMPLOYEES WHILE ENGAGED IN WORD FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALT. BE INCREASED BY 3 %. Policy No. 467 - 434 -01 Issued to_ O.C. Jones & Sons, Inc_ etal NOTHING IN THIS ENDORSEMENT CONTAINED SHALL SE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL SE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT, COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: EXECUTED IN TRIPLICATE BOND NO. 980246 PREMIUM: $6,436.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT ATE, O.C. JONES & SONS, INC. as Principal, (contractor's name) and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the NINE HUNDRED SEVENTY TWO THOUSAND SIX HUNDRED TWENTY NINE AND 10 /100 -- 1$97.10) money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated December 3 20 01 with the obligee to do and perform the following work to -wit: Street Widening Project Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project No. - NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 3rd day of December 2001_ (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTORO.C. JONES & SONS, INC. Rd V Robert Pelascini, President Principal AMERICAN MOTORISTS INSURANCE COMPANY Surety Street Address: 475 Sansome St et, 5th F1 r. City, Stat$, Zip San ra n c i o CA 94111 a __ LIZA t h l e Jn B rya n tAttorney -In- The above bond is accepted and approved this _day of Faithful Performance Page 1 of 1 20 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Alameda On 12 -3 -01 before me, mobil B. Garcia, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Robert Pelascini Name(s) of Signer(s) k] Orsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personko whose name(a�is /ar�e'subscribed to the within instrument and acknowledged to me that he/she/1he)r executed the same in his /ber/tbeirauthorized capacity0es); and that by his /berft airsignature(s�-on the instrument the person*, sYSs o c�ciA " or the entity upon behalf of which the person (&) 13.?!:8G5 � Y p p (&) acted, Notary Public - California 7 executed the instrument. Alameda county 6MYConinr- iresSeP14,200s WITNESS my hand and official seal. >Zle,elz ja��e-1 Signature dT Notary Public OPTIONAL Though the information below is not required bylaw, 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 Document Date: 12 -3 -01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Pelascini ❑ Individual k] Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee M. ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: 0. C. Jones & Sons, Inc. Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of thumb here 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On December 3, 2001 before me, SaMLdra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. `Witness my hand and official seal SANDRA FREMCKSON 0 COMM. # 1287399 _ a` 0 � NOTARY PUBLIC- CAUFORNU� CONTRA COSTA COUNTY - COMM. EXP. DEC. 16, 2004' OPTIONAL .....................................,,...... ............................... Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney -in -Fact SIGNER IS REPRESENTING: AMERICAN MOTORISTS INSURANCE COMPANY EXECUTED IN TRIPLICATE BOND NO. 980246 PREMIUM: Included in FP Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and U.C. JONES & SONS, ING. 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 Widening Project Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project re - ' laxly 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 set forth; NOW, THEREFORE, WE, O.C. JONES & SONS, INC. contractor's name) and AMERICAN MOTORISTS INSURANCE COMPANY (bonding company's :name) as Principal, as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or 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 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 NINE HUNDRED SEVENTY TWO THOUSAND SIX HUNDRED TWENTY NINE AND 10/100-- - - -($9 . 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, 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 3rd day of December 20 01 (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR U.C. JUNES & SONS, INC. BY: , e , 9[, ��` Robert Pelascini, President Principal AMERICAN MOTORISTS INSURANCE COMPANY Surety 475 Sansome St., 5th Fl r. Street Address: City, State, Zip San Francisco 94111 By: , Kathleen Bryant torney -In -Fact The above bond is accepted and approved this day of , 20_. Labor and Material Page 2 of 2 CALIFORNIA ALL - PURPOSE ACKNOWLEDPMENT State of California County of Alameda On 12 -3 -01 before me, Sybil B. Garcia, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Robert Pelascini Name(s) of Signer(s) ' Citpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(&) is /av- subscribed to the within instrument and acknowledged to me that he /slre/they executed the same in hisZhedthek authorized capacity4aley, and that by his /be�J -*k signature(oon the instrument the person(sj; ` SYBIL B. GARCiA or the entity upon behalf of which the person(e) acted, - Commission #132Q806 executed the instrument. Z Notary Public - California Alameda County MY CMM EXPIM SOP 14,20M WITNESS my hand and official seal. Signature of Notary 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: Labor and Material Bond Document Date: 12 -3 -01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Pelascini ❑ Individual Ek Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator C MMINEV61 192 :1 ❑ Other: Top of thumb here Signer Is Representing: 0. C. Jones & Sons, Inc. Signer's Name: 1_1 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of v iyao Navonai Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On December 3, 2001 before me, Sandra Fredrickson, Notary. Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal SANDRA FREDRICKSON V COMM. 61287389 � �' NOTARY • CONTRA COSTA PUBLIC-CALIFORNIA A �� COMM. EXP. DEC. 16, 2004' goomommusommummommmmmmommmmmmmmmummmommmmemmmmummmmommmmmmmmommmemmmmummmoom � .. ................OPTIONAL ....... ........ ............................... Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney -in -Fact SIGNER IS REPRESENTING: AMERICAN MOTORISTS INSURANCE COMPANY IVEMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company ") do hereby appoint Kathleen Bryant and James C. Jenkins of Concord, California (EACH) their true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings * ***"""'***"**"'^ ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly callei and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this February 5, 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company out. 11%t C Z AN.1WB01{ n1p 4 F� # iNAl �cwraAiN � l ^/ v Sl/�ljt{Q 4n� aMA ry O Robert P. Harries, Secretary by J. S. Kemper, 111, Exec.Vice President BID PROPOSAL STREET WIDENING PROJECT, STEVENS CANYON ROAD, PROJECT 98 -120 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the plans and specifications furnished for the work of the STREET WIDENING PROJECT, STEVENS CANYON ROAD, the City of Cupertino, PROJECT 98- 120, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the STREET WIDENING PROJECT, STEVENS CANYON ROAD, PROJECT 98 -120 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as before the expiration of 75 working days. I further understand that I shall pay to the City of Cupertino the sum of Two Thousand Dollars ($2,000.00) per day, for each and every calendar day's delay beyond the completion process described in the time for completion portion of these specifications. 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. BID PROPOSAL PAGE 1 OF 9 Stevens Canyon Road Street Widening From Santa Lucia Road to County Park Entrance City Project No. 98 -120 REVISED :Bid Proposal 02- Oct -01 ITEM APPROX. UNIT TOTAL NO. DESCRIPTION QTY. UNIT PRICE ITEM PRICE 1 Clear and Grub 1 LS 15 000 , O° $ }5 CR= 2 Sawcut 1 LS 7,50o.00 $ 3 Remove Existing Roadway to Sub grade 1,170 CY / $, 00 $ a.l OGO . to 4 Remove Existing Concrete Curb & AC Berm 500 LF q , °O $ a of 5 _ Relocate Existing Mailboxes 2 EA -L 50.60 $ 5 00 . °-° 6 Grading Cut to Fill 1 LS 1 1011130.00 $ it a 9 30. 7 Export 1,460 Ton /y, e0 $ 8 Sub grade Preparation 27,800 SF O. 3 S S 7 30.-e& 9 Finishing Roadway 1 LS 31000.00 $ 10 19" & 12" Full Depth AC Plug and AC Fill 2,870 Ton (° °O $ 19 6 SD. -a* 11 AC Overlay (2.5" & 1.5 ") 1,186 Ton L C>. ee S ?I 14.0. ee 11A Reinforcin Fabric 85,960 SF O. �� $ 9,45S . �O 12 Grind Existing AC 10,300 SF 1 - °O $ /0 13 Wed ecut 2,680 LF X1.06 S /0 14 AC Bern - Type A3 -6D 1,515 LF 2, 7 S $ y 15 ACBerm - Type B 1,915 LF 1.is $ S a66.4S 16 AC Berm - Type F 365 LF o1, So $ 17 Conc. Curb and Gutter 878 LF .2 5 . °° s .21 '156. 18 Repair Driveways 4 EA Z4 Oao, O° $ /G 00o . 19 Curb Inlet - D72 Single Opening 2 EA a Sdo . °O $ S 000 20 Curb Inlet - D72 Double Opening 1 EA 3 000 , °O $ 0-00- °=• 21 Drop Inlet - 4 x 4 4 EA °Z 6CO , O1 $ g =0 22 ;:s. �,.. :.,, n Adjust • "•'•`•csWfa n;:.meras to Grade 1 is 3 oA7. 23 Storm Drain Manhole 2 EA 3 SQO. 00 $ D� tao 24 12" Corrugated HDPE 18 LF 00 S 4 Q-¢D - 25 18" Corrugated HDPE 82 LF /SD. °p $ / Z fib; a 26 24" Corrupted HDPE 50 LF /S Z). O° $ SZiO ota 27 36" Corrugated HDPE 54 LF Z S a, °o $ /3 Slap o 28 12" Energy Dissipater Elbow 1 EA 00 .$ 29 18" Energy Dissipater Elbow I EA 'ZOO. ao $ Z� _ 30 Water Service 2 EA 3 Pi's'a. 00 $ F 31 Rock Slope Protection o. 2 Backing) 900 SF - 32 6" Thick Geoweb 800 SF im 33 Monuments 12 EA VVo, $ 34 Guard Rail 425 LF .38 °D S /6 �.�. t 35 4" solid double yellow (D -21) 7101 LF /.'30 $ 323 , - 10/24 /2001 REVISED BID PROPOSAL 2 of 9 STEVENS CANYON RD. Bidsheet Stevens Canyon Road Street Widening From Santa Lucia Road to County Park Entrance City Project No. 98 -120 REVISED Bid Proposal 02- Oct -01 ITEM APPROX. UNIT TOTAL NO. DESCRIPTION QTY. UNIT PRICE ITEM PRICE 36 4" solid white edge line (D -27B) 5270 LF 37 Fire hydrant blue reflective indicator 1 EA D. Oo $ -00 38 Modify Existing Signs 2 EA 7i00. $ 1&>0 39 New Sign 2 EA ;i-zs do $ 40 Retaining Wali - Reinforced Conc Cast in Place 2,117 SF / So . O° $ 41 Retaining Wall - Reinforced Conc Block 238 SF 1 a. S. °O $ Z9 -1Sa •-°� 42 Erosion Control and Landscaping 1 LS '10 000 . Q° $ a0 000. °O 43 Memorial Plaque 1 LS 1 000. °' $ l 000. TOTAL $ 9ia 6a9 •'° 10/24/2001 REVISED BID PROPOSAL 3 of 9 STEVENS CANYON RD. Bidsheet I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino 'will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ , as required by law and the Notice to Bidders. (10% of bid amount) BD) PROPOSAL PAGE 4 OF 9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose: and say that I am PrPsidpnt of 0. G. TonPS & Sons Tnc- (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. BD) PROPOSAL PAGE 5 OF 9 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 2 1 / 2 years. Became incorporated 3/99, prior to that time began in 1924. Our experience in work comparable with that required by the proposal contract is 7 5 years operating under the following different name(s). 0. C. Jones & Sons My California Contractor's License Number is 759729 The classification of my Contractor's License is A HAZ The expiration date for my Contractor's License its 3/31/03 * (This Section for City use only)�`� * The above information has been verified b;y on 3 /rr.t� Cl 1 * Contractors State License Board (800) 321 -2752 or (408) 277 -1244. 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. BID PROPOSAL. PAGE 6 OF 9 BIDDER HISTORY OF WORK The following is 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. 1999 Hwy 242 Reconstruction Caltrans 925/926 -6135 $19,409,312 1998 Sunnyvale Grading, Paving Lockheed $7,695,860 Lockheed Martin Pvmt Repairs Martin 408/756 -1176 1999 Rt 101 Interchange $3,442,075 Univ Ave. Improvements E Palo Alto 650/853 -3189 SID PROPOSAL PAGE 7 OF 9 For Whom Contact Year Location Type of Work Performed Phone No. Amount $1,678,829 2000 Berkeley Rehab Road Berkeley 510/644 -6630 2000 Rt 80 Bay Reconst Hwy Caltrans ZTTT9 744 5 916/227 -6299 Bridize 2000 Orange Dr. Widening Caltrans 916 - 227 -6299 $1,102,555 2000 Magellan Rd Realignment Fairfield 707/428 -7485 SIP-3990366 1999 Hwy 242 Reconstruction Caltrans 925/926 -6135 $19,409,312 1998 Sunnyvale Grading, Paving Lockheed $7,695,860 Lockheed Martin Pvmt Repairs Martin 408/756 -1176 1999 Rt 101 Interchange $3,442,075 Univ Ave. Improvements E Palo Alto 650/853 -3189 SID PROPOSAL PAGE 7 OF 9 SUBCONTRACTOR'S 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 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 (�kr;g P Co . _Contractor's License No. 3 -7 o O Address & phone no. 4 C4 :s-.,o - a5Co -�* `fo Work to be Performed S4 �-, p,` F � ,►ti`s Aten 3 , At 6G' 2 2. Name Lo-Ae S C-0 . _ Contractor's License No. -7170 9 Sy Address & phone no. C-4 ?o"2 - ?11(. Work to be performed Tro-' : c Ca-Ar-o I ( f d-14 ;�-I 3. Name ICAt A _ Contractor's License No. (. 1-7 4 3 )- Address & phone no. Pr e.,, ' c..4- 5 to - q -) 9 - `t a-7 G Work to be performed C ceV6 44^ 4. Name S,p —Contractor's License No. L( 7.)_ C. `? 7 Address & phone no. Sou. 65e _ q08 -- I? r? y� Work to be performed 5. Name Address & phone no. Work to be performed 6. Name Address & phone no. Work to be performed Contractor's License No. Contractor's License No. BID PROPO&AL PAGE 8 OF 9 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 NAME OF BUSINESS Heavy Construction BUSINESS 0. C . Jones & Sons, Inc. CORPORATION: State of California Robert Pelascini, President GE) PART ,r SI _Pt Kelly Kolander, Vice President Michael Ohleyer, Secretary WaylELnd Martin, Treasurer Name and Signature of Bidder: Date: (Describe) � � i' -rig - (Print or type name) Robert Pelascini President 10 -30 -01 Address (mailing & location): 1520 Fourth S t. - Berkeley, CA 94710 Telephone Number: L___) 510/526--3424 Acknowledgment of all addenda received is required by circling each addendum number. 0 2 3 4 5 6 7 8 9 10 BID PROPOSAL PAGE 9 OF 9 RESOLUTION OF THE BOARD OF DIRECTORS of 0. C. JONES &: SONS, INC. RESOLVED, that any one of the following officers, President, Vice President, Treasurer, or Contracts Officer, of this corporation be and they are hereby authorized and empowered for and on behalf of and in the name of this Corporation and as its corporate act and deed: to perform all acts and to execute and deliver all documents necessary or convenient to any bidding, contracting, or negotiating, public or private, whatsoever. CERTIFICATION 13Y SECRETARY of 0. C. JONES & SONS, INC. I, Michael L. Ohleyer, Secretary of 0. C. Jones & Sons, Inc., a corporation created and existing under the laws of the State of California, do hereby certify and declare the foregoing is a full, true and correct copy of the Resolution duly passed and accepted by the Board of Directors of said Corporation at a meeting of said Board duly and regularly called and noticed and held on October 28, 1999, at which meeting a quorum of the Board of Directors was present and voted in favor of the Resolution; said Resolution is now iri full force and effect; there is no provision in the Articles of Incorporation or Bylaws of said Corporation, or any shareholder agreement, limiting the power of the Board of Directors of said Corporation to pass the foregoing resolution and that said Resolution is in conformity with the provisions of such Articles of Incorporation and Bylaws; and that no approval by the shareholders of, or the outstanding shares of, said Corporation is required with respect to the matters which are the subject of the foregoing Resolution. IN WITNESS WHEREOF, I have hereunto set my hand as of November L/ , 1999.