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97-044 Valley Slurry Seal Co. Street maintenence Project 97-102E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on TO 1,/ 11, 1997 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and VALLEYSLURRI' SEAL COMPANY, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for STREET MAINTENANCE -SL URR Y SEAL, PROJECT 97- 102. d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of SLURRYSEAL, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, STREET MAINTENANCE - SLURRY SEAL, PROJECT NO. 97-102, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. CONTRACT PAGE 1 OF 6 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $207,548.60 (TWO HUNDRED SEVEN THOUSAND, FIVE HUNDRED FORTY EIGHT DOLLARS AND SIXTY CENTS, subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph 'T' of the ,General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. CONTRACT PAGE 2OF6 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. CONTRACT PAGE 3 OF 6 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a seated envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to 3050 BEACON BLVD., SUITE 205, WEST SACRAMENTO, CA 95691, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. CONTRACT PAGE 4 OF 6 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. CONTRACT PAGE 5 OF 6 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WI-IEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: C/ Mayor Attest: City Cle. Date: // 199 'T "ity Clerk APPROVED AS FORM: City Attorney CONTRACTOR: VALLEY SLURRY SEAL COMPANY A CALIFORNIA CORPORATION LAN R€RG€R By: VICE PRESIDENT Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. 94-2270766 Social Security # Federal Tax I.D. # Contractor's License No. LIC. #293727 A&B PROJECT NAME & NUMBER: STREET MAINTENANCE- SLURRYSEAL, PROJECT NO. 97-102 CONTRACTOR'S NAME & ADDRESS: VALLEY SLURRY SEAL COMPANY 3050 BEACON BL VD., SUITE 205 WEST SACRAMENTO, CA 95691 CONTRACT AMOUNT: ,$207,548.60 ACCOUNT NUMBER: 710-8404-714 FILE NO: 98,493.54 CONTRACT PAGE 6OF6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of POLO 11114'�7Onbefore me, DIANE M. HARDIE - NOTARY PUBLIC i --� DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC" 1 personally appeared ALAN S. BERGER NAME(S) OF SIGNER(S) t� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized `PNE�M.HARO7e capacity(ies), and that by his/her/their O` IiAYG signature(s) on the instrument the person(s), or the entity upon behalf of which the • person(s) acted, executed the instrument. CRUFOFNt �'0,4000s0�``a WITN S my hand and offi i I seal. OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL E, CORPORATE OFFICER VICE-PRESIDENT T1TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) VALLEY SLURRY SEAT, CO., INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • B236 Remmet Ave., P.O. [Sox 7184 - Canoga Park, CA 91309-7184 EXHIBIT A STREET MAINTENANCE - SL URRY SEAL, PROJECT 97-102 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the plans and specifications furnished for the work of the SLURRY SEAL PROJECT in the City of Cupertino, PROJECT 97-102, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the SLURRYSEAL PROJECT, PROJECT 97-102 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as before the expiration of 45 working days. I further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every calendar day's delay beyond the completion process described in the time for completion portion of these specifications. In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern. 1. The Contractor shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations per street, no later than 4:00 P.M. on each working day of the project. 2. Temporary reflective tabs shall be installed on lane lines and centerlines delineation. Placement of tabs shall be on longitudinal intervals of 24 feet apart and on radiuses 12 feet apart. Temporary reflective tab installation shall be completed prior to slurry. For list of streets see Detail 14. BID PROPOSAL PAGE 1 OF 11 If the Contractor fails to perform this portion of the job one(1) calendar day prior to the start of the project, I shall pay the City of Cupertino the sum of one hundred and fifty dollars ($150.00) per day for that day, plus the sum of one hundred and fifty dollars ($150.00) for each and every calendar day the temporary reflective tabs remain incomplete. 3. No permanent striping shall be installed for seven(7) calendar days after the street has been slurried, not including the day of application. This period of time has been set aside to allow for the pavement to cure. Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lanes, parking "T's" and parking stalls and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California, Department of Transportation A20(A,B,C,D), A-24(A,B,C,D,E), and the City of Cupertino Standard Details 1-17, 2-26 & 2-27. 4. Permanent striping shall be installed between the eighth (8th) and the twelfth(12th) calendar days. Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lanes, Parking "T's" and parking stalls and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California, Department of Transportation A20(A,B,C,D), A-24(A,B,C,D,E), and the City of Cupertino Standard Details 1-17, 2-26 & 2-27. 5. On the thirteenth(13th) calendar day following the slurry or overlay of each street, the Contractor shall be responsible for having completed the installation of the permanent striping. Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lanes, Parking "T's" and parking stalls, limit lines (stop bars), legends, speed limits, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California, Department of Transportation A20(A,B,C,D), A-24(A,B,C,D,E), City of Cupertino Standard Details 1-17, 2-26 and 2-27. If the Contractor fails to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one hundred and fifty dollars ($150.00) per day for that day, plus the sum of one hundred and fifty dollars ($150.00) for each and every calendar day the permanent traffic striping markings and legends remain incomplete. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. Completion of entire project thirty(30) working days from Notice to Proceed. BID PROPOSAL PAGE 2 OF 11 ESTIMATED QUANTITIES The bid unit prices for this project shall be as outlined below. Bid Est.Qty. Unit Item Unit Item Price Total Dy 13-1 S� 1. 3,881,691 S.F. Type II Slurry Seal $ O /S.F. $ S Per S.F. 2. REMOVE TRAFFIC STRIPING a. 9,522 L.F. State Detail 23 $ 53 /LF $ b er L.F. b. 1,645 L.F. StateDetail38 $ Q /L.F. 1 �i d mm a er L.F. 3. 200 EA. Remove and Install Blue 2y Pavement Markers$ y /EA. 0 c Per EA. 4. INSTALL TRAFFIC LEGENDS AND ARROWS a. 104 EA. Stop $ s�100 31 — /BA z 8- $ "Nk r ! t t ©e .IN "A Per EA. b. 4 EA. Yield $ yy 5 _ /EA $ -7 k' 0.11 ary Per EA. C. 32 EA. Speed -(25,30,35 $ o� 1 9 — /EA $ S� c� — I OQ DCD1\ �.-� Per EA. d. 6 A. Arrow qa $ r% �o� 1 S /EA. $ 9 S Per EA. BID PROPOSAL PAGE 3 OF 11 k Q INSTALL TRAFFIC LEGENDS a. 7 SET Stop Ahead t g $ s cC> /SET $ Per SET b. 3 SET` Slow School Xing , $ $ 3 y /SET $ �o� Per SET 3? Zy C. 7 EA. Bump 3� $ 13 /EA. Per EA d. 3 SET Signal Ahead * '101- -78 3 y Z%t-l\ -r� $ Co Co /SET $ 1 o O Per SET e. 2 SET RXR z o /SET $ 3 Cp O Per SET S INSTALL TRAFFIC STRIPING a. 5,208 L.F. Install Painted 12" White oto y Traffic Sth Ing /L.F. Per L.F. b. 1,700 L.F. Install Painted 12" Yellow pco Qo Traffic Stgl* g $ 1 F. $ Z VIA ./L. Per L.F. yy �� c. 9,522 L.F. Install City Detail 23C $ /L.F. $ g -,A, � As Per L.F. d. 8,250 L.F. Install State Detail 21 zS $ Q /L.F. ro $ �— Per L.F. e. 2,448 L.F. Install State Detail 1 $ X.F. �tVQV, L$/rAi Per L.F. BID PROPOSAL PAGE 4 OF 11 Z -7 o f 1,645 L.F. Install State Detail 38 $ p /L.F. Per L.F. g. 5,023 L.F. Install State Detail 27B $ d — /L.F. $ 1 op Per L.F. cal �-y h. 3,032 L.F. Install City Detail 33C $ © /L.F. $ \J-79 Per L.F. 7. INSTALL TRAFFIC STRIPING 0o mo a. 1 L.S. Install Painted 4" White $ a \ Z /L.S. '1 Parking "T's" & Island Channelization c� Per L.S. o_ oa b. I L.S. Chatter Bars Yellow Striping $ S 30 /L.S. $ S30 �V Q -..•-fir �Z.l ', Per L.S. 00 0 0 8. 1 L.S. Traffic Striping� Layout $ . 110 /L.S. $ p 1 W O %kA Cn a Q h}yw� �` it aT Tw Per L.S. 4-4 TOTAL BID ALTERNATIVE BID Bid Est. Qty. Item Unit Item Unit Price p�IS3-7 1. 3,881,691 S.F. Latex Modified Slurry Sea] $ Q /S.F. Per S.F. BID PROPOSAL PAGE 5 OF 11 Total 3� $1'7(0 \ I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or id bon 'n the amount of $ &Iv pf , as required by law and the Notice to Bidders. (10% of bid amount) �-- BID PROPOSAL PAGE 6 OF 11 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose and that I am lei of (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BID PROPOSAL PAGE 7 OF I 1 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for years. Our experience in work comparable with that required by the proposal contract is years operating under the following different name(s). a My California Contractor's License Number is LIC. #293727 A&B The classification of my Contractor's License isS�' B The expiration date for my Contractor's License is -.Z-( l 19 ****************************************************************************** (This Section for City use only) ��✓� �,�,✓�,jc C'. The above information has been verified by on Contractors State License Board (800) 321-2752 or (408) 277-1244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. BID PROPOSAL PAGE 8 OF 11 BIDDER HISTORY OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years. For Whom Contact Year Location Tyne of Work Performed Phone No. Amount BID PROPOSAL PAGE 9 OF 11 z^ n 5 O U Q U W U) .� Cl ��//� X LL W D4— CCO J a--+ W UJ J N J �� > /1 A rn m m rn m m rn m rn O N O 'IT 00 rl- O ti (A ti m O N Ln I- Ln N co � O NO ( 0) O m N M N Ln - V 00 M N M (1j N r rf CY) (D I,- Ln O - O 00 M m O A ({} (l} Ef} El) ER U9 El} Eli Eli a) Q I 06 fII U I CD aa)) m aa)) ate) 0 aa)) aa)i s CD cn a) _ ca cn rn 0 m a) co co x c 0 co cn co7 cn 8Ah cn L cco o 'ITa) a _� L c� L. 00 V + =o 0qT M O� 'D Y ti \ (D Q N M m Jti 'C M t— = I- I (D mM N = (D Y= 00 I- J uti = h am O N JC) d S �m Y N Ln � T ` M O i Q� N a1)I- t (D M. O CL o o - �o a C4oo d co .=c Cl)m LL 00) = 00 V = o0 d� �o (L o Z 0)�� o00)o o�� a0 v -co 0�r av Zv Q c 0 as c N_ � (D = CD A V a rn d O O qq Q O O Q U d O Or E Ln Q O �� LO �G j 0 Q� E 0 o 0 O� a) O 0 Ln O > .N 7 J O N O.- O�Ln rn X00 vMQ t' d rn U c N O�Ln afQO O pin V a)m =cAZ o N EU �� + U. _rn �rn C p o �Q U�U§o�in� = L (D C to�� C Q co�U �U)a) `� °(nim �C m L �� HCl) m� cu m 0) c3'U Cl) On o 0 a) O�� OZ� c� p 0 CUJ a) O� c�'OZ� O� o rte+ C rTr Ln C_ r c O U rte+ O In N N O p M C +�++ I` (`0 ci°'C) (m 0)U) 00U)cioocnZ5L) M,G )C5So nciCv, SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name �� Q ��.Q Contractor's License No. 3 p Address & phone no. r�. O• �,x c ca 4 �f t s a� 1 US 9 3 �)- 7 S n coc, t Work to be Performed 2. Name Address & phone no. Work to be performed 3. Name Address & phone no. Work to be performed 4. Name Address & phone no. Work to be performed 5. Name Address & phone no. Work to be performed 6. Name Address & phone no. Work to be performed Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No. BID PROPOSAL PAGE 10 OF 11 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY -TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF ,��% 1 NAME OF VALLEY SLURRY SEAL COMPANY BUSINESS�IyI f ' la�l`I ey�G� �1 C e? , BUSINESS A CALIFORNIA CORPORATION CORPORATION: X VALLEY SLURRY SEAL COMPANY A! • N S. BERGER, VICE PRESIDENT CO-PARTNERSHIP:r1Q BRYAN W. HOLT, SECRETAPY IT iTnrrrTrm Tr.. INDIVIDUAL. r 1 k JOINT VENTURE: r---, 1 a OTHER: ✓-1 I a� Name and Signature of Bidder: Date: Address (mailing & location) Telephone Number: be) (Print or type name) .-:ZC2 9 -- VALLEY SLURRY SEAL COMPAN A CALIFORNIA CORPORATION P.O. BOX 1620 3050 BEACON WEST SACRAMENTO, CK -95691 (916) 373-1500 ALAN BERGER VICE PRESIDENT Acknowledgment of all addenda received is required by circling each addendum number'A 2 3 4 5 6 7 8 9 10 BID PROPOSAL PAGE I 1 OF 11 RESOLUTION NO. 98-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE ORDER NO. 1 FOR ANNUAL SLURRY SEAL, PROJECT NO. 97-102 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as ANNUAL SLURRY SEAL, PROJECT NO. 97-102 BE IT FURTHER RESOLVED that funds are available and no further appropriation is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5"' day of January, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Michael Chang Mayor, City of Cupertino ��(.i(N. ()1 10300 Torre Avenue Cupertino, CA 95014-3202 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT ANNUAL SLURRY SEAL PROJECT NO. 97-102 CONTRACT CHANGE ORDER NO. 1 Contractor: Valley Slurry Seal Company 3050 Beacon Blvd., Suite 205 West Sacramento CA 95691 The following changes are hereby approved: IA. Quantity adjustments at unit prices $ 31,198.63 113. Additional striping item not included in bid 8,403.69 1 C. Credit for aggregate payment (2,819.67) Total Change Order No. 1 S 36,782.65 Total Project Original Contract $ 207,548.60 Change Order No. 1 36,782.65 Revised Contract $ 244,331.25 CONTRACTOR Title Date Printed on Recyc,ed Paper CITY OF CUPERTINO Bert J. Viskovich Director of Public Works City Council: 1/5/98 Resolution No. 98-015 RECORDING REQUESTED BY City of Cupertino WIN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 No FFF_ IN ACC®RC6 NCO37 WITH 60V CODS DOCUMENT: 14096477 111111111111111111111111111 Titles:1 / Pages: .3 Fees.... No Fees Taxes... Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 006 3/16/1998 4:23 PM cn- oq� (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION SLURRY SEAL, PROJECT NO. 97-102 SEPARATE PAGE PURSUANT TO GOVT. CODE 27316.6 City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION SLURRY SEAL, PROJECT NO. 97-102 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Cupertino and Valley Slurry Seal Company on July 11, 1997, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance is made as of March 6, 1998. That said work and improvements consisted of ftirnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Date: March 6, 1998 Ci Printed on Recycled Paper c Works and the City of Cupertino VERIFICATION I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 11th day of March 1998 at Cupertino, California. Deputy City Clerk City of Cupertino