Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
12-091 Interstate Grading and Paving, Inc., Project Number 2012-01, 2012 Pavement Maintenance
Project No. 2012 -01 DOCUMENT 00520 ,PNO� CONTRACT � %�� / Y J THIS CONTRACT, dated this 3 (s +day of �� , 2012 , by and be STATE GRADING AND PAVING, INC. whose place of business is located ai: 28 S. Maple Ave, South San Francisco, CA 94080 -6302 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 3 t i day of , 2012 awarded to Contractor the following Project: PROJECT NUMBER 2012 -01 2012 PAVEMENT MAINTENANCE PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director, Public Works — Maintenance, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 60 working days as provided in Document 00700 (General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or City of Cupertino 00520-1 Contract 2012 Pavement Maintenance Project Project No. 2011 -06 any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $150.00 per day for failure to replace traffic striping as required by Document 01010, Section 109 -31). 3.2.4 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.5 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is b .-yond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to re-cover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other i:hird- parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safi;ty precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. City of Cupertino 00520-2 Contract 2012 Pavement Maintenance Project Project No. 2012 -01 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans /City Cross - Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non - Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program City of Cupertino 00520-3 Contract 2012 Pavement Maintenance Project Project No. 2011 -06 Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any) 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http:// www. dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). City of Cupertino 00520-4 Contract 2012 Pavement Maintenance Project Project No. 2012 -01 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520-5 Contract 2012 Pavement Maintenance Project Project No. 2011 -06 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 2012 PAVEMENT MAINTENANCE PRNIECTt %� CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of State of California By: [Signature] Attest: 6':�imr .=S City C erk: Grace Schmidt A oved as to form by City Attorney: City Attorney: Carol Korade I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. Dated: I I U Amy Chan, Int im City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Roger Lee Title: Assistant Director, Public Works - Maintenance Address: 10555 Mary Ave, Cupertino, CA 95014 Phone: 408 - 777 -3269 Facsimile: 408-777-3399 AMOUNT: $2,786,201.31 ACCOUNT NUMBER: 270 - 9450 -9300 FILE NO.: City of Cupertino 2012 Pavement Maintenance Project [Please print name here] Title: , i C.S i [If Corporation: Chairman, President, or Vice President] Lo [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] State Contractor' License o. Classification Expiration Date Taxpayer ID No. l _( ' , 4 S 7 , - � 7 (c 7 L, Name: 1 t C, c% c" f 1 - el Title: cc--s fC� ✓.� Address! Phone: Facsimile: C� q- � — n NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT 00520-6 Contract CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California } } ss. County of San Mateo } On August 23, 2012, before me, Tina -Marie Mason, Notary Public, personally appeared H. Michael Pariani , who 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 executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. It TINA MARIE MASON Commission * 1953556 Notary Public - California Z San Mateo County My Comm. Expires Oct 21, 2015 WITNESS my hand and official seal rt"_11-1a, �_ Tina -Marie Mason, Notary Public -------------------------------- - - - - -- Optional-------- - - - - -- DOCUMENT AND SIGNER Title or Type of Document: Contract Principal: Interstate Grading & Paving, Inc Obligee: City of Cupertino Description: 2012 Pavement Maintenance Project 2012 -01 EXHIBITA Project No. 2012 -01 DOCUMENT 00400 BID FORM ADDENDUM 3 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID is giIRM1TTim Rv- Re. PROJECT NUMBER 2012 -01 2012 PAVEMENT MAINTENANCE PROJECT The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated irL the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non - responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the kite, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the . address set forth below on the signature page. 10. The undersigned Bidder herewith encloses casb, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), In the amount of ten percent (10 %) of the total of Bid and made payable to the "City of Cupertino ". City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00400-1 Project No. 2012 -01 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (Genera', Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date, The undersigned Bidder farther acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract), City of Cupertino Bid Norm 2012 Pavement Maintenance Project Addendum 3 00,400-2 Project No. 2012 -01 SCHEDULE OF BID PRICES BASE DID ITEMS All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. ITEM DESCRIPTION UNIT EST. QNTY UNITCOST TOTAL. 1 Traffic Control LS --- QOm 'J `S9 ," 2 Hot Mix Asphalt 318" Maximum Type A TN 2,606 1 Off; Z E" 3 Hot Mix Asphalt, 1/2" Maximum Type A TN 9,427 i? 4 Hot Mix Asphalt 3/4" Maximum Type A TN 5,472 g 6 Pavement Fabric SY 84,873 'S 6 Pavement Grid SY 0 0 t� 7 4" Di out S!= 7t941 1.- -7 °l (A k. � 8 6" Di out SF 41881 57 6 37 9 9" Di out SF 24,775 1--1 10 Ke cut A LF 42,447 i • 7 z -73 ,%S 11 Ke cut B LF 2,862 12 Crack Sealing LF 186,110 .35 'yVR) 13 Adjust Survey Monument Cover to Finish Grade EA 13 14 Install Box & Cover @ Ex. Survey Monument EA 11 ?J7 15 Lower Manhole Covers Prior to Cold Planing EA 91 Z� ►� 2� 0 � 16 Lower Cleanout / Water / Gas Valve Cover Prior to Cold Planing EA 54 1 7 17 Adjust Manhole Covers to Finish Grade EA 78 , 10 •— 18 Adjust Cleanout / Water / Gas Valve Cover to Finish Grade EA 43 Z•�Qd . 19 Adjust Utility Vault / Water Meter Box to Finish Grade EA 0 20 Prune & Remove Tree Roots Under Repairs SF 0 21 Install Blue RPM's Fire Hydrant EA 0 22 12" White Crosswalk/Limit Line (Thermo) LF 1,845 . 23 12" Yellow Crosswalk (Thermo) LF 0 24 Stiping Detail 910 Markers LF 400 25 Striping Detail # 21 Thermo LF 0 26 Striping Detail # 23 Markers LF 7,845 , q'7 nuo , tDs 27 Stri in g Detail # 27B (Thermo) LF 0 ds 28 Striping Detail # 28 (Thermo) LF 0 IV 29 Stripina Detail # 30 Markers LF 0 91 30 Striping Detail # 38 Thermo & Markers LF 445 1 .10 y 125; 31 Striping Detail # 39 Thermo LF 10,400 • 10 32 Striping Detail# 39A Thermo LF 2,100 .`3 City of Cupertino 2012 Pavement Maintenance Project Addendum 3 00400-3 Bid Forin X5135 Project No, 2012.01 33 Striping Detail # 25 Thermo LF 0 01 it 34 "BUSES" Legend Thermo EA 0 i0 35 "ONLY" Legend (Thermo) EA 0 Or AR "XINIV I cnanrl /Thcrmn% cA c 2r _ City of Cupertino 2012 Pavement Maintenance Project Addendum 3 006100-4 Bid Form 37 "STOP" Legend Thermo _ EA 19 75. r' y 26, — 38 "SLOW" L end Thermo EA 5 '75. — 39 "SCHOOL" Legend Thermo EA 5 11 5(; O •_ 40 "KEEP" L end Thermo EA 1 g80. 41 "CLEAR" Legend Thermo EA 1 tJ • O, -' 42 "25" Legend (Thermo) EA 3 U0. -� , 43 "Bike Lane" Legend Paint EA 20 44 "RXR" Le end (Thermo) EA 0 $0 Of 45 "YIELD" Le end Thermo EA 0 46 "BUMP" L end Thermo EA 13 b t O - 47 Arrow Type IV hermo EA 7 5 Z-' 3 48 Striping Detail # 9 hermo & Markers LF 0 49 Striping Detail # 10 Markers LF 0 50 Strlping Striping Detail # 22 Thermo & Markers LF 2,585 'r9 X39 ,59 51 Striping Detail # 32 Thermo & Markers _F 0 Qf 52 53 Striping Detail # 33 Markers Striping Detail # 37B (Thermo & Markers ) LF LF 800 0 54 "30" Legend Thermo E:A 1 55 "35" L2gend Thermo EA 4 5 • + p.r 56 "40" Legend Thermo EA 0 57 Arrow Type I Thermo E;A 0 58 Arrow Type Ili Thermo EA 0 59 Arrow Type VI (Thermo) EA 0 60 Arrow Type VII (Thermo) EA 0 61 "SIGNAL" Legend (Thermo) EA 2 10 62 "AHEAD" Legend Thermo EA 6 63 24" 24" White Thermo LF 1,260 '� , -- , �- 64 24" Yellow (Thermo) LF 1,185 ?. $Zq5. 65 4" White Thermo LF 3.060 1.19 Remove & Replace PCC Centerline 66 Delineator EA 0 Remove & Replace Speed Bump and 67 Chevron Legends EA 0 Sawcut & Remove Concrete at Gutter 68 Li p L F 0 69 Replace Traffic Signal Loops EA 312 t7 ; 70 Yellow Delineators EA 0 71 Detail 29 LF 28 0 Ck 152. 72 Cold Plane and Remove 4" AC SY 10,267 '] . �� a City of Cupertino 2012 Pavement Maintenance Project Addendum 3 006100-4 Bid Form I!D 2, L157111U7.ku Total Base Bid Price: Unit Legend Project No, 2012 -01 (Words) �} LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet TON = Ton or 2,000 Pounds CY = Cubic Yards LS = Pounds City of Cupertino Bid Form 2012 Pavement Maintenanco Project Addendum 3 00400-5 Project No. 2012 -01 SCHEDULE OF BID PRICES ADD ALTERNATE 1- BID ITEMS ITEM DESCRIPTION UNIT EST. QNTY UNIT COST TOTAL 1 Traffic Control LS p,— p,-- 2 Hot Mix Asphalt 318" Maximum Type A TN 168 11 1 3 Hot Mix Asphalt, 112" Maximum Type A TN 631: , 4 1 Hot Mix Asphalt, 314" Maximum, Type A TN 0 Of 5 Pavement Fabric SY 5,680 L2 5C8 6 Pavement Grid SY 0 7 4" Di gout SF 0 8 6" Di out SF 0 )0 9 9" Di out SF 0 O 10 Ke cut A LF 2,840 U • —5 11 Ke cut B LF 144 7,3s Z so 12 Crack Sealing LF 0 01 pJ 13 Adjust Survey Monument Cover to Finish Grade EA 0 14 Install Box & Cover Qa Ex. Survey Monument EA 0 ¢f 15 Lower Manhole Covers Prior to Cold Planing Fro 11 Zlo — 215 16 Lower Cleanout / Water l Gas Valve Cover Prior to Cold Planing EA 9 17 Adjust Manhole Covers to Finish Grade EA 11 18 Adjust Cleanout / Water / Gas Valve Cover to Finish Grade EA 9 L 296 r 19 Adjust Utility Vault / Water Meter Box to Finish Grade EA 0 )01 20 Prune & Remove Tree Roots Under Repairs SF 0 0 21 Install Blue RPM's @ Fire Hydrant EA 0 22 12" White Crosswalk/Limit Line (Thermo) LF 200 5`% -7OU - 23 12" Yellow Crosswalk Thermo LF 0 24 Stiping Detail #10 Markers LF 0 25 Striping Detail # 21 (Thermo) LF 0 26 Strt i Detail # 23 Markers LF 0 27 Striping Detail # 27B Thermo LF 0 28 Striping Detail # 28 _(Thermo) LF 0 29 Striping Detail # 30 Markers LF 0 30 Striping Detail # 38 (Thermo & Markers LF 0 31 Striping Detail # 39 (Thermo) LF 0 j6 32 Striping Detail # 39A (Thermo) LF 0 33 Striping Detail # 25 hermo LF 0 34 "BUSES" Legend Thermo EA 0 Al City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00400-7 1$4,' gi93. Project No. 2012 -01 35 1 "ONLY" Legend Thermo EA 0 36 "RING" Le end Thermo EA 2 37 "STOP" Legend Thermo EA 1 38 "SLOW" Legend Thermo EA 2 $r 39 "SCHOOL" Legend Thermo EA 2 40 "KEEP" Legend (Thermo) EA 5 yoo,- 41 "CLEAR" Le end (Thermo) EA 5 cto. 42 '25" Legend (Thermo) EA 2 (DO..— %so .- 43 'Bike Lane" Legend Paint EA 0 9r Ja 44 "RXR" Legend (Thermo) EA 0 45 "YIELD" Legend Thermo EA 0 JO OF 46 "BUMP" Legend Thermo EA 0 sl 47 Arrow Type IV (Thermo) EA 0 48 Striping Detail # 9 (Thermo & Markers LF 0 49 Striping Detail # 10 Markers LF 0 60 Striping Detail # 22 (Thermo & Markers LF 0 51 Striping Detail # 32 Thermo & Markers LF 0 52 StrIping Detail # 33 Markers LF 0 ,8 53 Striping Detail # 37B (Thermo & Markers ) LF 0 Jor 54 "39'Legend Merino) EA 0 55 "35" L2gend Thermo EA 0 56 "40" Lqgend Thermo 1:A 0 57 Arrow Type I (Thermo) EA 0 01 58 Arrow Type III (Thermo) EA 0 59 Arrow Type \A (Thermo) EA 0 60 Arrow Type VII Thermo E -A 0 61 "SIGNAL" Legend (Thermo) [:A 0 62 "AHEAD" Legend (Thermo) EA 0 63 24" White Thermo LF 110 7, f 7 7o 64 24" Yellow Thermo LF 450 7. r 3t 65 4" White Thermo LF 0 66 1 Remove & Replace PCC Centerline Delineator HA 0 67 Remove & Replace Speed Bump and Chevron Legends E:A 0 68 Sawcut & Remove Concrete at Gutter Lip LF 0 69 Replace Traffic Signal Loos E :A 0 70 Yellow Delineators EA 0 71 Detail 29 LF 0 72 Cold Plane and Remove 4" AC H, 0 City of Cupertino Bid Form .2012 Pavement Maintenance Project Addendum 3 00400-8 Project No, 2012 -01 Total Add Alternate 1 Price: (Words) \J Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet TON = Ton or 2,000 Pounds CY = Cubic Yards LB Pounds City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00400-9 Project No. 2012 -01 SCHEDULE OF BID PRICES ADD ALTERNATE 2 - BID ffEMS ITEM DESCRIPTION UNIT EST. QNTY UNIT COST TOTAL 7 Traffic Control LS - -- v 2d •� q �Zo•" 2 Hot Mix Asphalt, 3/8" Maximum Type A TN 293 0-1 • 3 3 Hot Mix Asphalt, 1/2" Maximum Type A TN 1,104 4 Hot Mix Asphalt, 3/4" Maximum Type A TN 0 gy qr 5 Pavement Fabric SY 9,940 I ^° 115 J 6 Pavement Grid SY 0 7 4" Di out SF 0 8 6" Di out SF 0 OF 9 9" Dinout SF 0 10 Ke cut A LF 4,970 $ ZW 11 I Ke cut B LF 144 12 1 Crack Sealing LF 0 01 40 13 Adjust Survey Monument Cover to Finish Grade EA 0 14 Install Box & Cover Q Ex. Survey Monument EA 0 15 Lower Manhole Covers Prior to Cold Planing EA 19 — 16 Lower Cleanout / Water / Gas Valve Cover Prior to Cold Planing EA 12 p! ZL)LAQ — 17 Adjust Manhole Covers to Finish Grade EA 19 014 L-J5.- 18 Adjust Cleanout / Water / Gas Valve Cover to Finish Grade EA 12 2 p,— e- l>kso, 19 Adjust Utility Vault / Water Meter Box to Finish Grade FA 0 20 Prune & Remove Tree Roots Under Repairs SF 0 21 Install Slue RPM's D Fire Hydrant EA 0 22 12" White Crosswalk/Limit Line (Thermo) LF 460 23 12' Yellow Crosswalk Thermo LF 0 24 Stiping Detail #10 Markers LF 0 25 Striping Detail # 21 (Thermo) _ LF 0 26 Striping Detail # 23 Markers . LF 50 Aq 27 Striping Detail # 278 Thermo LF 0 28 Strip[ g Detail # 28 (Thermo) LF 0 29 Striping Detail # 30 Markers LF 0 .8 30 Striping Detail # 38 Thermo & Markers LF 0 31 Striping Detail # 39 (Thermo) LF 0 32 Striping Detail # 39A Thermo LF 0 33 Striping Detail # 25 Thermo LF 0 34 'BUSES" Legend Thermo EA 0 City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00400-11 351• 3 b0, Project No. 2012 -01 35 "ONLY" Le end Thermo EA 0 it 36 "XING" Le end Thermo EA 0 37 "STOP" Legend Thermo EA 2 5,-- 'r 38 "SLOW" Legend (Thermo) EA 0 39 "SCHOOL" Legend Thermo EA 0 10 ? 40 "KEEP" L end (Thermo) EA 0 41 "CLEAR" Le end Thermo EA 0 42 "25" Legend Thermo EA 0 43 "Bike Lane" Legend Paint EA 0 44 "RXR" Legend (Thermo) EA 0 �S 45 "YIELD" Legend Thermo EA 4 20.- 46 "BUMP" Legend Thermo EA 0 47 Arrow Type N (Thermo) EA 0 48 Striping Detail # 8 Thermo & Markers LF 0 49 Striping Detail # 10 Markers LF 0 50 Striping Detail # 22 Thermo & Markers LF 0 51 Striping Detail # 32 Thermo & Markers LF 0 52 Striping Detail # 33 Markers LF 0 53 Striping Detail # 37B (Thermo & Markers) LF 0 54 "30" L end (Thermo) EA 0 55 IF Legend (Thermo) EA 0 56 "40" L end Thermo EA 0 57 Arrow Type I (Thermo) EA 0 58 Arrow Type III (Thermo) EA 0 59 Arrow Type VI Thermo EA 0 60 Arrow T VII Thermo EA 0 61 "SIGNAL" L end Thermo =A 0 62 "AHEAD" Legend Thermo EA 0 63 24" White (Thermo) LF 0 64 24" Yellow (Thermo) LF 0 65 4" White (Thermo) LF 0 66 Remove & Replace PCC Centerline Delineator EA 0 67 Remove & Replace Speed Bump and Chevron Le ends i=A 0 68 1 Sawcut & Remove Concrete at Gutter Lip LF 0 69 Replace Traffic Signal Loops HA 0 70 Yellow Delineators l =A 0 71 Deta!129 I_F 0 72 Cold Plane and Remove 4" AC ;3Y 0 City of Cupertino 2012 Pavement Maintenance Project Addendum 3 00400-12 Bid Form Project No. 2012 -01 `IE Total Add Alternate 2 Price: " P4 ", (P c1bi 6 Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet TON =Ton or 2,000 Pounds CY = Cubic Yards LB =Pounds City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00400-13 Proj act No. 2012 -01 ACKNOWLEDGEMENT OF RECEIPT OF .ADDENDUMS Bidder herby acknowledges receipt and examination of ail Contract Documents and the following Addenda: Addendum No. Addendum Date 1'F5- 1Z 3t tZ g Z Bidder proposes and agrees to fully perform the Work with :M the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: licensed in accordance with an act for the registration of Contractors, with license number: 'N (� QbL �H� Expiration Date: � t2 -- d Where incorporated, if applicable Principals I certify. (or declare) under penalty of perjury under the laws of the Jst4te of California that th egoing i true and correct. Lure of Bidder NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporate , together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set fhrtb the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Q , G Officers authorized to sign contracts: two fV SQ_Q CA4 �-4 -08 Telephone Number(s); Typed Full Name; (0,50- C.5a•7333 Fax Number(s): E-Mail Address: ED QX END OF DOCUMENT City of Cupertino Bid Form 2012 Pavement Maintenance Project Addendum 3 00,100-14 Interstate Grading & Paving, Inc. 128 So. Maple Avenue So. San Francisco, Ca 94080 650- 952 -7333 ph 650- 952 -6851 fx A California Corporation OFFICER H. Michael Pariani President Craig Caron Vice - President Bruce Caron Vice - President Nancy Pariani Zammuto Secretary/Treasurer ADDRESS 128 So. Maple Avenue So. San Francisco, Ca 94080 128 So. Maple Avenue So. San Francisco, Ca 94080 128 So. Maple Avenue So. San Francisco, Ca 94080 128 So. Maple Avenue So. San Francisco, Ca 94080 Project No. 2012 -01 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exc ;eeds'h of one percent (.05 %) of the Bid on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be su-bstituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address & Phone No. Licens(: No. Trade $ Value $ -hG 4.3o( t W C✓' ',& - -70S2R(o C- g5:1 Z "lo. -7 67-o Ot `1 $$ 6V10 "VA v ,6?� 60YA00 "91 -7 Yip 43W CvAa 595550— Attach additional sheets if necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than %z of one percent of the Bid on Document 00400. Failure to do so will have no impact on Bid. Bidder is requested not to substitute Subcontractors after Bid has been submitted and opened, without City's informal approval. Subcontractor Name Address & Phone No. License No. Trade $ Value $ Attach additional sheets if necessary END OF DOCUMENT City of Cupertino 00430-1 Subcontractors List 2012 Pavement Maintenance Project Project No. 2012 -01 DOCUMENT 00481 NON - COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) ss. COUNTY OF 5a,-N mak-0 ) \► -VVCVV eel o being first duly sworn, deposes and says that he or--stye is r4res i Acne [Office of Affiant] of 1Y,J\Gf -eA 3e 6 m Pbv C [Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that 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, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to f:x the Bid price of 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 City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid defository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: TINA -MARIE MASON Commission # 1953556 z zr' Notary Public - California San Mateo County Comm. Expires (Nan. e f Bi der) %nL My Oct 21, 2015 (Signature of Principal) Subscribed and sworn before me This k t� day of Notary Public of the State of In and for the County of,/� 41�LG��rc -o My Commission expires d I,, ZOA'5 (Seal) (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to Iaw.) END OF DOCUMENT City of Cupertino 00481-1 Non - Collusion Affidavit 2012 Pavement Maintenance Project J may(. ► 9s, • April 9, 2013 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Interstate Grading and Paving 128 S. Maple Ave. South San Francisco, CA 94080 -6032 Re: Agreement and Release of Any and All Claims, 2012 Pavement Maintenance Project Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777 -3354. Sincerely, Kirsten Squarcia Deputy City Clerk City Clerk's Office Enclosure cc: Public Works Project No. 2012 -01 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ( "Agreement and Release "), made and entered into this o' _ day of March, 2013, by and between the City of Cupertino("City"), and _Interstate Grading and Paving ( "Contractor "), whose place of business is at 128 S. Maple Ave., South San Francisco, CA 94080 -6302. RECITALS A. City and Contractor entered into Contract Number 5'840 (the "Contract "). 9/ B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT Contractor will not be assessed liquidated damages except as detailed below: N/A Original Contract Sum $ 2,786,201.36 Modified Contract Sum D K$ 2,603,998.05 Payment to Date b lC $ 2,332,739.24 Liquidated Damages $ 0.00 Payment Due Contractor $ 122,775.76 f) / 7s- Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of $One Hundred Twenty-Two Thousand, Seven Hundred Seventy-Five Dollars and Seventy-Six Cents ($122,775.76) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims 2012 Pavement Maintenance Project 00650-1 Project No. 2012 -01 4. The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim N/A Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. H. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims 2012 Pavement Maintenance Project 00650 - 2 Project No. 2012 -01 * * * CAUTION: THIS 1S A RELEASE - ;2EAD BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California Z� ATT f City Clerk [CONTRACTOR[ By: c Name: a r Q ,� t- Its: Pre -51 � .0 Name: Its: REVIEWED AS TO FORM: END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims 2012 Pavement Maintenance Project 00650-3 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL, T City Clerk's Office City of Cupertino 10300 Torre Avenge Cupertino, CA 95014 -3255 NO FEE INA CCRDNCE WITH GOV. CODE 2 73 83 DOCUMENT: 22132166 II II II I II II III III III II II REGINA ALIENDPAS SANTA-CLARA COUNTY RECORDER Recorded at the request of City Pages: 3 Fees.... No Fees Taxes... Cop 1 es . . AMT PAID PDE # 009 3/13/2013 3122 PIS (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE of COMPLETION AND NOTICE of ACCEPTANCE of COMPLETION 2012 PAVEMENT MAINTENANCE PROJECT CITY PROJECT NUMBER 2012 -01 0 Original 0 For Fast Endorsement ""NO FEE" " VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. T the best of my knowledge, the information contained herein is true and complete. 1 verify under penalty of perjury under the laws of the State of California, that the foregoing 1s true and correct. Executed n the 13 March, 2013 at Cupertino, California. Kirsten Squarcia Deputy City Ctrl City of Cupertino A ----- .i- . . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC W R14CS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 2012 PAVEMENT MAINTENANCE PROJECT CITY PROJECT NUMBER 2012-01 NOTICE IS HEREBY GIVEN THAT 1, Timm Borden, Director of Public Worts and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements for pavement i- naintenance including asphalt overlay, digout repairs and crack sealing, performed at various location in Cupertino, California, in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Interstate Grading and Paving, Inc., August 31, 2012, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on March 5, 2013. That said work, and improvements consisted of famishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. i etor o ublic Works s and City Engineer of the City of Cupertino Date: March 11 , 2013 LOOPI -2 OP ID: TIC ACORO° CERTIFICATE OF LIABILITY INSURANCE F DATE (MM /DD/YYYY) 1 02/04/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sierra Oak Insurance Services Lic# OC97528 9700 Business Park Dr. Ste 105 Sacramento; CA 95827 Daniel E. Brock NAME: Dora Brock PHONE FAX (A/c No, : 916- 364 -7380 {A/C, No): 916- 364 -7381 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins Co 19445 INSURED Loop Installation and Repair, INSURER B: State Comp Ins Fund of Ca 35076 Inc. INSURER C: James River Insurance Co. 13685 6830 Country Court Granite Bay, CA 95746 INSURER D: Golden Eagle Insurance Corp. 10836 02/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 50 000 INSURER E: $ Excluded INSURER F: CLAIMS -MADE r—xl OCCUR COVERAGES CERTIFICATE NUMBER: REVISION.NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMI DIYYYY MM DDIYYYY LIMITS Cupertino, CA 95014 GENERAL LIABILITY _ EACH OCCURRENCE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY X X 00041948-4 02/01/2014 02/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 50 000 MED EXP,(Anyone person) $ Excluded CLAIMS -MADE r—xl OCCUR PERSONAL &.ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ POLICY 1XI PRO ET LOC AUTOMOBILE LIABILITY COMBINED.SINGLELIMIT E&accident) $ 1,000,000 BODILY INJURY (Per person) $ D X ANY AUTO X X BA8742298 02/01/2014 02/01/2015 BODILY INJURY (Per accident) $ ALL OWNED. SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE PER ACCIDENT $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 C EXCESS LIAB CLAIMS MADE BR 5608 02/01/2014 02/01/2015 DED I X I RETENTION $ GL $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN X 850 - 510093 -13 12/28/2013 12/28/2014 X WC STATU- OTH- TORYLIMITS ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? F-1 (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT 1 $ 1,000,000 If yes; describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2012 PAVEMENT MAINTENANCE PROJECT NO. 2012 -01. CITY OF CUPERTINO, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, ITS CITY COUNCIL, AND THEIR EMPLOYEES, REPRESENTATIVES, CONSULTANTS(INCLUDTNG WITHOUT LIMITATION CONSULTING ENGINEER), AND AGENTS, AND ENGINEERS ARE ] NAMED ADDITIONAL INSURED IN REGARDS TO GL 6 AUTO. PRIMARY AND NON - CONTRIBUTOR'[ APPLIES TO GL. CFRTIFICATF H0LDFR CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1.988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00041948 -4 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions Where required by written contract or agreement All operations of the Named Insureds Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properlies, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 00041948 -4 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations _ Where required by written contract or agreement All operations of the Named Insureds Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your be ha If, in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc,, 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5004US 11 -06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDOR4'EMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Oroaniz;itien /sl- If no entry appears above, this endorsement applies to all Additional Insureds covered under this Doliev. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04 -10 Page 1 of 1 COMMERCIAL AUTO COLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASI_ READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto' by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damago " is caused by an "accident' which takes place after: (a) You executed the "insured contract` or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds ( in(.luding bonds for related traffic law violations) required because of an "accident' we cover. WE! do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. GECA 701 (01/07) 0210112010 8742298 Includes copyrighted material of Insurance Services Offices, Inc. with its permission NECLXTNVO902 INSURED COPY PGDM060D J01848 Page 1 of 3 STACK09G 00000074 Page 37 Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. C. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's "operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit ", or loss. Knowledge of an accident, claim, "suit ", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is.added to 5. We waive any right of recovery we may have against-any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract ", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (01107) Page 3 of 3 INSURED COPY 02101/2010 8742298 NECLXTNVO902 PGDM060D J01M STACK09G 00000076 Page 39