14-143 Graham Contractors Inc. for a Municipal Street Cracking Sealing (FY 14-15)RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
DOCUMENT:
�oP,
AMT PA I D
REGINA ALCOMENDRAS
SANTA CI -ARA COUNTY RECORDER
Recorded at the request of
City
Pages: 3
No Fees
RDE # 025
10%13/2016
8:17 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: Municipal Street Crack Sealing FY 14-15
A Original
0 For Fast Endorsement
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
SE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2. Owner's full name is: City of Cupertino, California.
3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014.
4. The nature of owner's interest in the project is:
Fee Ownership _ Lessee _X_ Other: Right of Way on various streets
5. Construction work on the project performed on the owner's behalf is generally described as
follows: City Project Name: _Municipal Street Crack Sealing (FY 14-15)
(City Project No.: )
6. The name of the original contractor for the project is: _Graham Contractors, Inc.
7. The project was completed on
8. The project is located at:
September 11, 2014
Various streets in Cupertino, CA.
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I know and understand the contents of this
notice, and that the facts stated in this notice are true and correct.
10Iaol � ; Santa Clara County �1-
Date and Place Signat e
�
imm Borden
Director of Public Works and City Engineer
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion date October 5, 2016 for
CITY PROJECT NAME: Municipal Street Crack Sealing FY 14-15
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on October 5, 2016 and the grantee consents to recordation thereof by its duly authorized
officer.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated: October 5, 2016
By: � Z a sx-�,
Lauren Sapudar
Senior Office Assistant
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
DOCUMENT: 23454285
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages
Fees.... No Fees
Taxes...
Copies..
AMT PAID
RDE # 024
10/06/2016
9:07 AM
3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: Municipal Street Crack Sealing
P Original
171 For Fast Endorsement
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated September 22nd, 2016 for
CITY PROJECT NAME: Municipal Street Crack Sealing
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on September 22, 2016 and the grantee consents to recordation thereof by its duly authorized
officer.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated: September 22, 2016
By:
Lauren Sapudar
Senior Office Assistant
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
SE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2. Owner's full name is: City of Cupertino, California.
3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014.
4. The nature of owner's interest in the project is:
Fee Ownership _ Lessee _X_ Other: Right of Way on various streets_
5. Construction work on the project performed on the owner's behalf is generally described as
follows: City Project Name: _Municipal Street Crack Sealing
(City Project No.: )
6. The name of the original contractor for the project is: _Graham Contractors, Inc.
7. The project was completed on: September 1, 2016
8. The project is located at: Various streets in Cupertino, C
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I know and understand the contents of this
notice, and that the facts stated in this notice are true and-cgrrect.
Z 2� 1, : Santa Clara County
Date and Place °Signature
Timm Borden
Director of Public Works and City Engineer
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
CUPIERTINO
August 28, 2014
Graham Contractors Inc.
PO Box 26770
San Jose, CA 95129
Re: Agreement for contract services.
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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
'REEMENT BETWEEN
AND GRAHAM
CONTRACTORS INC. FOR A
Municipal Street Crack Sealing (FY 14-15)
THIS AGREEMENT, for reference dated., 2014, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
Graham Contractors Inc., a California corporation, whose address is PO Box 26770 San Jose
CA 95129 hereinafter called the Contractor, and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to can -y on its business as it is now being conducted
under the Constitution and the statutes of the State of California and the Cupertino Municipal
Code.
B. City and Contractor desire to enter into an agreement for Municipal Street
Crack Sealing in accordance with the Technical Specifications and Traffic Control Provisions
(Exhibit A) dated August 11, 2014.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The Contractor shall begin work within ten (10) working days after receiving notice from
the Engineer to commence the work, and shall diligently prosecute the work to completion
before the expiration of twenty (20) consecutive working days from the date of receipt of notice
to begin work.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment,
materials, except as otherwise specified, and to do all work strictly in accordance with Special
Conditions and Technical Specifications (Exhibit A) dated August 11, 2014 hereby referred to
and expressly made a part hereof with the same force and effect as if the same were fully
incorporated herein.
3. COMPENSATION TO CONTB:ACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the
amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "B"
and incorporated herein by this reference. Payment will be made in the same manner that claims
of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken
from the general fund.
1.
Payment will be made by the City in the following manner: On the first day of each
month, Contractor shall submit a written estimate of the total amount of work done the previous
month. Payment shall be made for 90% of the value of the work. The City shall retain 10% of
the value of the work as partial security for the completion of the work by Contractor. Retained
amounts shall be paid to Contractor within thirty five (35) days of acceptance by the City of the
project. :Payment shall not be construed as acceptance of defective work. No interest will be
paid to Contractor on retained funds.
4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
It is agreed by the parties to the Agreement that in case all the work called for under the
Agreement is not completed before or upon the expiration of the time limit as set forth in
paragraph 1 above, damage will be sustained by the City, and that it is and will be impracticable
to determine the actual damage which the City will sustain in the event of and by reason of such
delay. It is therefore agreed that the Contractor will pay to the City the sum of One Hundred
Dollars ($100) per day for each and every day's delay beyond the time prescribed to complete the
work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case
the same are not paid, agrees that the City may deduct the amount thereof from any money due
or that may become due the Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished
and completed in all parts and requirements within the time specified, the City shall have the
right to extend the time for completion or not, as may seem best to serve the interest of the City;
and if it decides to extend the time limit for the completion of the Agreement, it shall further
have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from
the final payment for the work, all or any part; as it may deem proper, of the actual costs and
overhead expenses which are directly chargeable -to the Agreement, and which accrue during the
period of such extensions.
The Contractor shall not be assessed with liquidated damages during any delay in the
completion of the work caused by an act of God or of the public enemy, acts of the City, fire,
flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather
or delays of subcontractors due to such causes provided that the Contractor shall, within one (1)
day from the beginning of such delay, notify the City in writing of the causes of delay. The City
shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be
final and conclusive.
5. ' STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Contractor intend that the relationship between them created by this Agreement
is that of employer -independent contractor. The manner and means of conducting the work are
under the control of Contractor, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Contractor's services. None of the benefits provided. by City to its
employees, including but not limited to unemployment insurance, workers' compensation plans,.
vacation and sick leave are available from City to Contractor, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer-employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AN]) CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment
authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA
or other federal, or state rules and regulations.. Contractor shall indemnify and hold City
harmless from and against any loss, damage, :liability, costs or expenses arising from any
noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Contractor agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on
the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any
and all violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other
liability of any nature, arising out of, pertaining to, or related to the performance of this
Agreement by Contractor or Contractor's employees, officers, officials, agents or independent
contractors. Contractor shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole negligence or willful misconduct of City, its agents
or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of
City's choice, expert fees and all other costs and fees of litigation.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in these sections from each and every subcontractor or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section..
3
1.0. INSURANCE:
On or before the commencement of the terms of this Agreement, Contractor shall furnish
City with certificates showing the type, amount, class of operations covered, effective dates and
dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such
certificates, which do not limit Contractor's indemnification, shall also contain substantially the
following statement "Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof,. the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
"Attention: Assistant Director of Public Works." It is agreed that Contractor shall maintain in
force at all times during the performance of this Agreement all appropriate coverage of insurance
required by this Agreement with an insurance company that is acceptable to City and licensed to
do insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
A. COVERAGE:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1;000,000
each occurrence
$2,000,000
aggregate - all other
Property Damage: $500„000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $2,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
B. SUBROGATION WAIVER:
Contractor agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, Contractor shall look
solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer of said Contractor may acquire against City by virtue of the payment of any loss
0
under such insurance.
C. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or
as an agent of the Contractor and shall be compensated by the Contractor for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees, and volunteers shall
be named as an additional insured under all insurance coverages, except worker' s compensation
insurance. The naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for any premium, deductible portion
of any loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate
coverage for Contractor.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the
City Attorney:
A. Faithful Performance:
A bond in the amount of 100% of the total contract price guaranteeing the faithful
performance of this contract, and
B. Labor and Materials:
A bond for labor and materials in the amount of 100% of the total contract price.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign,. sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.. However, claims for money by Contractor
from City under this Agreement may be assigned to a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall be promptly
furnished to City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate
member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Contractor, shall be construed as an assignment of
this Agreement. Control means fifty percent (50%) or more of the voting power of the
I
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors
whose names are listed in Contractor's proposal shall be used in the performance of this
Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope
of work to be subcontracted and the name of the proposed subcontractor. Such request shall set
forth the total price or hourly rates used in preparing estimated costs for the subcontractor's
services. Approval of the subcontractor may, at the option of City, be issued in the form of a
Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general and automobile liability insurance in reasonable conformity to the insurance carried by
Contractor. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain. during the term of this
Agreement, all -appropriate permits, certificates and licenses, including a City Business License,
that may be required in connection with the performance of services hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Contractor pursuant to or in connection with this
Agreement shall be the exclusive property of City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
No report, information nor other data given to or prepared or assembled by Contractor
pursuant to this Agreement_ shall be made available to any individual or organization by
Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail to.
permit an evaluation of services. All such records shall be maintained. in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Contractor shall provide free access to such books and records to the representatives of City or
its designees at all proper times, and gives City the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
0
documents, shall be kept separate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment.
If supplemental examination or audit of thy; records is necessary due to concerns raised by
City's preliminary exarnination or audit of records, and the City's supplemental examination or
audit of the records discloses a failure to adhere; to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Contractor shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to City shall be addressed to
City at:
City of Cupertino
10555 Mary Avenue
Cupertino CA 95014
Attention: Roger Lee, Assistant Director of Public Works
All notices, demands, requests, or approvals from City to Contractor shall be addressed to
Contractor at:
Graham Contractors Inc.
PO Box 26770
San Jose CA, 95128
Attention: Ed
18. REQUIREMENT TO PAY PREVAILING WAGES
Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply
with the City's Labor Compliance Program and all other requirements set forth in Labor Code
section 1770 et seq. The City shall require payment of the general rate of per diem wages or the
general rate of per diem wages for holiday and overtime work. Contractor will submit
(monthly or biweekly) certified payroll records to the City for all employees and subcontractors
in a preapproved format or a City provided form. Any delay in remitting certified payroll reports
to the City upon request from the City will result in either delay and/or forfeit of outstanding
payment to Contractor.
19. SAFETY REQUIREMENT
All work performed under this Agreement shall be performed in such a manner as to
provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA.
City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or
harmful acts or conditions are observed or reported relative to the performance of the work under
this Agreement.
7
Contractor shall maintain the work sites free of hazards to persons and/or property resulting from
his or her operations. Any hazardous condition noted by Contractor, which is nota result of his
or her operations, shall immediately be reported to City. Care must be taken to the traveling
public and pedestrians at all times. The Manual on Uniform Traffic Control Devices (1VIUTCD)
is to be applied at al -1 times.
20. HOURS OF OPERATION
Contractor shall be allowed to operate onlay for the hours of 8 a.m. to 5 p.m. unless prior
written approval has been secured from City to do otherwise, See Traffic control provisions for
lane closure restrictions.
21. NONDISCRIMINATION
Contractor certifies and agrees that it will not discriminate against any employee or
applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or
condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et. seq.), in
accordance with requirement of state or federal law. Contractor shall take affirmative action to.
ensure that qualified applicants are employed and that employees are treated during employment
without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical
or mental handicap in accordance with requirements of state and federal law. Such shall include,
but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices.
Contractor agrees to post in conspicuous places in each of Contractor's facilities
providing services hereunder, available and open to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical
or mental handicap, in accordance with requirements of state and federal law.
Contractor shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or workers' representative of Contractor's commitments under this paragraph.
Contractor certifies and agrees that it will. deal with its subcontractors, propo.salders, or
vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of
physical or mental handicap, in accordance with requirement of state and federal law.
In accordance with applicable state and federal law, Contractor shall allow duly
authorized county, state and federal representatives access to its employment records during
regular business hours in order to verify compliance with the anti -discrimination provisions of
this paragraph. Contractor shall provide such other information and records as such
representatives may require in order to verify compliance with the anti -discrimination provisions
N.
of this paragraph.
If the City finds that any of the provisions of this paragraph have been violated, the same
shall constitute a material breach of Agreement: upon which City may determine to cancel,
terminate, or suspend this Agreement. City reserves the right to determine independently that the
anti -discrimination provisions of this Agreement have been violated. In addition, a
determination by the California Fair Employment Practices Commission or the Federal Equal
Employment Opportunity Commission that Contractor has violated state and federal anti-
discrimination laws shall constitute a finding by City that Contractor has violated the anti-
discrimination provisions of Agreement.
The parties agree that in the event Contractor violates any of the anti -discrimination
provisions of this paragraph, Gity shall be entitled, at its option, to the sum of $500.00 pursuant
to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or
suspending this Agreement.
Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. Section 794), .all requirements imposed by the applicable
regulations (45 C.F.R.), and all guidelines and interpretations issued pursuant thereto, to the end
that no qualified handicapped person shall, on the basis of handicap, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity of Contractor receiving Federal Financial Assistance. In addition, Contractor
shall comply with the Uniform Federal Accessibility Standards, and Contractor, Engineer, or
Architect responsible for any design, construction or alteration shall certify compliance with
those Standards.
Contractor's attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(1) Civil Rights Act of 1.964. Under Title VII of the Civil Rights Act of 1964, no
person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
I
ctivity receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of 1974. No
person in the United States shall, on the grounds of race, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with funds made available under this title.
Section 109 of the Act further provides that any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect
to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall also apply to .any program or activity funded in whole or in
part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY F'OR INDIVIDUALS WITH DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of
otherwise qualified individuals with handicaps for equal participation in, and benefit from
federally assisted programs and activities, including but not limited to:
]
(1) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35). Title 11,
Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities
and programs. Contractor shall also comply with the public accommodations requirements of
Title III of the ADA, as applicable.
(2) Nondiscrimination on the .Basis of Handicap (24 CFR 8). These regulations,
which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in
Section 109 of the Housing and Community Development Act, apply to all federally assisted
activities and programs and are implemented through the regulations at 24 C.F.R. 8.
(3) Architectural Barrier Act of .1968. Any building or facility, excluding
privately owned residential structures, designed, constructed, or altered with federal funds, shall
comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the
Handicapped Accessibility Requirements of the State of California Title 24. The Consultant,
Engineer or Architect responsible for such design, construction or alteration shall certify
compliance with the above standards.
(4) :In resolving any conflict between the accessibility standards cited in
paragraphs (1), (2) and (3) above, the more stringent standard shall apply.
22. URBAN RUNOFF MANAGEMENT:
The Contractor shall avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control, contractor shall use as little .as
necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters
and storm drains.
The Contractor shall develop and implement erosion and sediment control to prevent
pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric
fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season
(October 1.5), in site de -watering activities and saw -cutting activities; shovel or vacuum saw -cut
slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting. All
construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to streets, gutters
and storm drains prior to rain as well as at the end of the each work day. At the completion of
the project, the street shall be washed and the wash water shall be collected and disposed of
offsite in an appropriate location.
D. After breaking old pavement, Contractor shall remove all debris to avoid contact
with rainfall or runoff.
E. Contractor shall maintain a clean work area by removing trash, litter, and debris at
the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they
occur.
The objective is to ensure that the City and County of Santa Clara County -Wide Clean
Water Program is adequately enforced. These controls should be implemented prior to the start
of construction, up -graded as required, maintained during construction phases to provide
adequate protection, and removed at the end of construction.
These recommendations are intended , to be used in conjunction with the States Best
10
Management Practices Municipal and Construction Handbooks, local program guidance
materials from municipalities, Section 7.1.01 of the Standard Specifications and any other
appropriate documents on storm water quality controls for construction.
Failure to comply with this prograrn will result in the issuance of noncompliance notices,
citations, project stop orders or fines. The fine for noncompliance of the above program is two
hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean
Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385.
22. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Contractor shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period'of two (2) days after receipt by
Contractor from City of written notice of default; specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Contractor written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
23. COMPLIANCES:
Contractor shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
24. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed
with the courts of the County of, Santa Clara, State of California.
25. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior writ.ten'approval has been secured from City to do
otherwise.
26. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein,
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein, whether of the same or a different character.
11
27. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and. all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Contractor.
28. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement ,hall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
CONTRACTOR CITY OF CUPERTINO
[Name of Contractor] A Municipal Corporation
Graham Contractors, Inc.
Bys''-
Tit A�avilGrah , Vice President Title V -
Date August 20, 2014 Date $ -2
Account #
2-70-`3'jVLk-61325
Contract Amount:
1 'Z- ,00D . Oct
RECOM DED FOR APPROVAL:
Byer`
Title
APPROVED AS TO FORM:
J
AT" :QST:
�-3
c
City jerk
12
EXHIBIT A
2014.Municipal Street Crack Sealing
Technical Specifications and Traffic Control Provisions
CRACK SEALING TECHNICAL SPECIFICATIONS
a. Item Requirement
This work shall consist of removing vegetation, embedded sand and dirt and all other debris and
incompressible materials, evaporating moisture from cracks and joints in the asphalt concrete pavement, and
cleaning and filling the cracks with rubber asphalt joint seal as specified in these special provisions, and as
directed by the Engineer.
b. Scope
MATERIALS
The crack sealant shall be a mixture of paving asphalt and ground rubber and shall conform to ASTM
D6690, Type Il.
CONSTRUCTION
All cracks 3/32 of an inch wide or wider shall be staled. Immediately prior to applying the sealant, the
cracks shall be cleaned. Removal of vegetation and all incompressible materials from cracks and joints shall
be by means of hot compressed air lance. (Other methods such as routing with compressed air cleaning may
be substituted at engineer's specification. Under ANY circumstances compressed air used for cleaning
MUST be oil free.) Before sealing, the crack surfaces must be made clean, dust free, and dry. The preferred
way to remove the moisture is with the use of the hot compressed air lance. The temperature will be at least
2000 degrees F. The lance shall be not more than 50 feet ahead of the sealing unit, as they progress down the
pavement, so that the crack area does not have time to cool or take up new moisture from below.
Crack seal materials shall be placed in conformance with the manufacturer's recommendations. Crack seal
materials shall not be placed when the surface temperature is below 50 degrees Fahrenheit. Traffic shall be
restricted until crack seal material is sufficiently cool.
The finished crack seal shall be bonded to the crack such that there is no separation or opening between the
sealant and the crack edge and there shall be no cracks, separation or other opening in the sealant.
The Contractor shall remove crack seal material that is not placed within the conformance of these
provisions, clean cracks as specified herein and then reseal the cracks at his expense.
C. Measurement & Payment
The Contract Price shall be paid by the lineal foot for rubberized asphalt crack seal and shall include full
compensation for furnishing all labor, materials, tools, equipment, traffic control and incidentals., and for
doing all the work involved in constructing rubberized asphalt sealed cracks, complete in place. SECTION
2014 Municipal Street Crack Sealing'
Technical Specifications and Traffic Control Provisions
August 11, 2014
EXHIBIT A
2 - TRAFFIC CONTROL PROVISIONS
The Contractor shall submit traffic control plans to the Engineer for approval five (5) working days
prior to work on any arterial or collector streets.
1. The Contractor shall conduct operations and scliedule cleanup so as to cause the least possible
obstruction and inconvenience to traffic, pedestrians, cyclists and adjacent property owners. All
work areas shall be clean at the end of each day's work and at other times when directed by the
Engineer.
2. Damage done by the Contractor during the course of the work to adjacent City, public or private
property shall be repaired in kind, or as directed by the Engineer, at the Contractor's expense.
3. No stockpiling of materials or parking of equipment during non -working hours will be allowed
on City property, i.e., streets, alleys, parking. lots, sidewalks, etc.
4. The Contractor's employees are subject to all parking regulations in effect in the City of
Cupertino.
5. The Contractor shall not allow traffic within work areas until crack fill material has sufficiently
cooled.
6. The Contractor shall supply, place, and maintain all necessary traffic control devices in
accordance with the applicable requirements of the California Manual of Uniform Traffic Control
Devices, and the traffic control plans approved by the City.
7. All traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications.
They are to be in good condition and sufficiently clean so as to be easily visible to traffic. All signs
shall be placed in positions where they convey their message most effectively or as shown on the
approved traffic control plan.
8. Dated "No Parking Tow Away" signs shall be posted a minimum of 48 hours in advance of all
work requiring that cars not be parked on the street. Date and time of work shall be written on
signs in two -inch -high letters with a '/4 -inch felt black marker. Signs shall be posted 50 feet on
center and removed immediately after the work is completed. The Contractor must notify
Cupertino Code Enforcement Officers at (408) 777-3182 with locations of posting to verify forty
eight (48) hour notice.
9. No work will be permitted within 1.500 feet of school grounds until after 8:30 axn. on school
days. Other special restrictions may be required at heavily used school crossings or school
commute routes beyond 1500 feet from the school ;rounds as deemed necessary for student safety
by the Engineer.
10. No closure of lanes on arterial and collector streets will be permitted between the hours of 7
and 9 a.m. and 3:30 and 7 p. m.
2014 Municipal Street Crack Sealing'
Technical Specifications and Traffic Control Provisions
August H, 2014
EXHIBIT A
1 l . If work will impact transit stops or transit routes, Contractor shall be required to contact Santa
Clara Valley Transportation Authority or other a6-,eted transit companies to address relocation of
facilities or rerouting of buses prior to submitting traffic control plan. Traffic control plan should
indicate what actions are being taken with regard to transit services.
12. All signs and other warning devices shall be provided by the Contractor and shall become his
property after completion of the Contract. The cost of providing, installing and maintaining signs,
lights, caution tape, delineators, flares, barricades and other facilities as directed by the Engineer
for the convenience and direction of public traffic shall be included in the prices paid for the
various items of work involved in the project.
13. The above requirements are a minimum and do not limit the Contractor's responsibility of
doing all that is practical and necessary to ensure tl:ie safety of workers, pedestrians, bicyclists, and
motorists. The Contractor shall conform to the above traffic control requirements which are
generally applicable to most common situations. Based on the nature of a job, additional
conditions or exceptions to the above conditions may be necessary.
2014 Municipal Street Crack Sealing'
Technical Specifications and Traffic Control Provisions
August H, 2014.
GRAHAM EXHIBIT B
CONTRACTORS
I N C. SINCF 1976
Post Office Box 26770
San Jose, CA 95159 Phone (408) 293-9516 Fax (403) 293-3633 Crack Seal Division Ph/Fax: (916) 772-9342
QUOTATION
To: CITY OF CUPERTINO Quote Date: August 8,2014
Firm: Bid Date/Time August 8,2014
Phone: City Cupertino
Fax: Contr. NO N/A
Email:
Job: MUNICIPAL STREET CRACK SEAL PROJECT FY 14-15
ITEM NO.
DESCRIPTION UOM QUANTITY UNIT PRICE TOTAL
NO ITEM
SEAL CRACKS 114" TO 1" WITH HOT SPEC LF 76,315 $0.38 $ 28,999.70
MATERIAL D36/ 5329
Linel footage is not accurate, approx. quantities.
Includes:
Price Good
Thru
As Specified
TOTAL $ 28,999.70
October 1, 2014 NO. 0'f Move Ins: 1 DAY
Each AddT $5,000.00
Exclusions:
Traffic Control Permits, A/C Patching, Heavy Cleaning / Pressure Washing, Rolling,
Routing/Sawcutting of cracks, Herbicide, Clearing/Grubbing, Vegetation / Tree Trimming,
Tack/Prime Coats, Flood Testing, Leveling Courses, Rut Filling, Railroad Traffic Control,
Stripe/Marker Removal, Stripe/Marker Replacement, Stripe/Marker Protection, Temporary Delineation of any type,
Installation of Posts/Signs, Curb Painting, Bollard Painting, Wheel Stops, Sandblasting or Grinding of any type,
Any and all Union Agreements / Letters of Assent / Fees / Contributions / PLAs, OCIP/CCIP/WRAP/Additional Insurance Fees,
Repair of power steering marks (inherent to materials being used), QA/QC/TESTING, SWPPPA/VPCP, FEDERAL WAGES,
Traffic Police, CMS/PCMS Boards, Informational Signage, Builder's Risk Insurance,NGHT WORK, SUNDAY WORK,
Gradin /Base Prep/Watering, Job -Site Scales,Certified Traffic Control Plans, Attenuator Vehicles.
Terms of Quote: raymentyyltnln su uays or suostanuai compieuun ui uui wL)in
THIS QUOTATION AND CONDITIONS MUST BECOME PART OF ANY CONTRACT OR PURCHASE ORDER,
AND CANNOT BE SUPERSEDED BY ANY OTHER TERMS OF THE AGREEMENT
IF CONTRACTOR OR OWNER DIRECTS GRAHAM CONTRACTORS TO PROCEED WITH THE WORK SET FORTH ABOVE,
EVEN IF SAID DIRECTION IS ONLY MADE VERBALLY OR ELECTRONICALLY, THEN CONTRACTOR AGREES TO THE TERMS AND
CONDITIONS OF THIS QUOTE, UNLESS AND UNTIL THE PARTIES THEREAFTER SIGN A MUTUALLY ACCEPTABLE WRITTEN AGREEMENT
Accepted
By: Date:
Title:
Graham Contractors, Inc. reserves the right to withdraw proposal if written acceptance is not received within 10
days of bid date.
Graham Contractors, Inc. is a Non Union Organization. Tax is included in the above quote.
Graham Contractors, Inc. is NOT an MB/WB/DB/DVBE/UDBE Contractor.
Contractors License No. 315789 A, C-12
Quote Submitted By:
Ed Acuero