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81-038 Mid-State Underground Construction - Santa Lucia & Ricardo Rd Water Main - Project 81-04F1 ,63t CONTRACT FOR PUBLIC WORK CONTRACT made on July 29, 1981 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the City, and MID STATE UNDERGROUND CONSTRUCTION, Incorporated, hereinafter called the Contractor. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete Contract consists of the following contract documents: 1. Plans and Specifications for Santa Lucia and Ricardo Road Water Main, Project 81-04 2. Faithful Performance Bonds, Labor and Materials Bonds, Insurance Certificate 3. This Contract 4. Bid proposal referred to as Exhibit A Any and all obligations of the City and the Contractor are fully set forth and described herein. 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 doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Santa Lucia and Ricardo Road Water Main, Project 81-04 as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Mr. Bert J. Viskovich, Director of Public paryo i Works and adopted by the City, which Plans and Specifications are entitled, respectively, Santa Lucia and Ricardo Road 'Water Main, Project 81-04 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction and control of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract the following named person: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: Sixty -Six Thousand, Three Hundred Ninety -Seven and 57/100 Dollars ($66,397.57) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis- pute arise respecting the true value of any work done, of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the A- merican Arbitration Association if the parties are unable to agree. 5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the Work, and to the shops wherein the work is in preparation. Where the Specifications require work to be spe- cially tested or approved, it shall not be tested or covered up with- out timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, deviations, additions or omissions from the Specifications or Plans or other Contract Documents, it shall have the right to do so, and the nano 9 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 val- uation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all a- gencies 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. The 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 Fed- eral statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, a- mendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitra- tion Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: On or before forty-five (45) working days after award of contract If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lock- outs by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the 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 Doc- uments. 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or Page 3 production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Con- tractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to ter- minate the Contract, such notice to contain the reasons for such in- tention to terminate the Contract, and, unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the 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 the Contractor, and the Con- tractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, with- out liability for so doing, take possession of, and utilize in comp- leting the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Con- tractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its dis- cretion. In so doing, the City shall be deemed the agent of the Con- tractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial deter- mination of the claim or claims. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under the 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 Page 4 for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 161 Pebble Beach Drive, Aptos, CA 95003 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last com- municated by him 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, may be assigned by the Contractor without the prior written approval of the 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 Spec- ifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Con- tractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Con- tract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing ma- terials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the pay- ment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement ex- tending the Contractor's coverage to include the contractual liability Page 5 assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Con- tractor under this Contract shall also contain an endorsement pro- viding that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any can- cellation of modification of the policy. (a) WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Workmen's Compensation Insurance and Employer's Li- ability Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation In- surance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following cer- tification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of the code, and I will comply with such pro- visions before commencing the performance of the work of this contract." Page 6 (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him any subcontractor performing work covered by this Contract from claims for property, damage, including third -party property damage, to include coverage on property in the care, custody and control of the Contractor, and also including what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage), which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000.00, on account of one accident, and Property Damage Liability Insurance in an amount not less than $200,000. The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy, and that, if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to prop- erty sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall con- stitiute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or sub- contractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to Page 7 work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Sec- tion 1815 of the Labor Code of the State of California, work performed by employees of contrators in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of Cal- ifornia, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twen- ty-five Dollars ($25.00) for each laborer, workman, or mechanic em- ployed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, workmen, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics em- ployed by him in connection with the work contemplated by this Con- tract, which record shall be open at all reasonable hours to the in- spection of the City or its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be per- formed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. It shall be mandatory upon the Contrator, and upon any subcon- tractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcon- tractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum Page 8 wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Con- tractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupa- tion from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and proper- ty. The safety provisions of applicable laws, building and construc- tion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety pro- visions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the fifteenth day of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each month, deliver said certificates under his hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate or certificates. In event of the failure of the City's representative to furnish and deliver said certificates or any of them, or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitled the Contractor to the certificates. The payment of progress payments by the City shall not be cons- trued as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspec- tion and approval of the City, and subject to whatever inspection and Page 9 approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be respon- sible, as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, lo- cated on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Con- tractor for costs incurred in relocating or repairing damage to util- ity facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the con- struction site can be inferred from the presence of such visible fa- cilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed li- quidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the re- moval or relocation of the existing utility facilities. If the Con- tractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an act of God. "Acts of God" shall include only the following occur- rences 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 Governor of the State of Cali- fornia or by the President of the United States, or were of a mag- nitude at the site of the work sufficient to have caused a proclama- tion of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the 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 equip- ment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guar- antees the first-class quality of all workmanship and of all mater- ials, apparatus, and equipment used or installed by him 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 the Contractor unqualifiedly guar- antees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defect or defects without cost to the City. Page 10 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of Fifty and no/100 dollars ($50.00), for each and every day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and the Contractor hereunder, or his assigns and successor at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove Approved as to form City Attorney Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgment required. Page 11 City C er%• CONTRACTOR : By: C; STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On 1�kI-- 19, , before me, the undersigned, a Notary Public,/in-and for said State, personally appeared i known to me Instrument, LMOL6V J d) i// l / /1' to be the persons whose names are subscribed to the within and acknowledged to me that they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL RAULLIN WANGEN NELSON NOTARY PUBLIC - CALIFORNIA ' SANTA CRUZ COUNTY roar" My comm. expires AUG 7, 1982 P. 0. Box 1295, Sar.' Notary Public i� and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On 19 , before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California PROPOSAL SANTA LUCIA AND RICARDO ROAD WATER MAIN PROJECT 81-04 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA: Dear Sir: In compliance with the Plans and Specifications furnished for the Santa Lucia and Ricardo load Water Main, Project 81-04, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth herin on the incorporated schedule. The work shall be the installaiton of waterline improvements as outlined in the Specifications and/or Plans outlined 'herein. All necessary preparation as well as "clean-up" is included in the prices bid and no extra compensation will be sought. A11 work will be done in a workmanship - like manner and will meet or exceed the emodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for comparison of bids by the City Council. The C'ityc;reserves the right to increase or decrease the amount of class or portion of the work or to omit items as may be deemed necessary by the Engineer. A bid bond in the amount of 10% is required. Award shall be to the lowest bidder; however, the City Council reserves the right to reject any or all bids. BID UNIT ITEM QUANTITY ITEM PRICE TOTAL 1. 150 L.F. Provide and install 6" Diameter ductile iron pipe complete for r• 2. Dollars/L.F. 1,6.00 L.F. Provide and install 6" Diameter A.C.P. using "Type A" trench sec- tions complete /and in p14ce for d Q LAf!.�}S� ALN i iC fel c^.�✓c�r ��� I C Dollars/L.F. Proposal 1/6 '7 6: / /L.F. & R / 7� B ID UNI T ITEM QUANTITY ITal PRICE TOTAL 3. 650 L.F. Provide and install 6" Diameter A.C.P. using "Type B" trench sec- tions complete and in pla e for J�uQw dOLLArt- �4" �trrai` ceavTs 9 /L.F. $ /-/,�<C Dollars/L.F. 4. 1 Each Provide and install 10" to 6" tap and sleeve and valve complete and in place for ou Feai Au& �wEJ Ao eA ag b rccu - ALL a r.cue. cctifis. 7-4/Each $1gjR 7Z 'bollars/Each 5. 3 Each Provide and install 8" to 6" gate valve assembly complete and in place forsayeoi "Er -k, AJN4 6,1 AwJt �,Lf,s ix GidLLA d1 S -A N.4 F! c; ����►1�i ✓��e-wts �7�C� "®/Each Dollars /Each 6, 1 Each Provide and install new 6" gate valve assembly complete andin :,_ :L place for � yer �,� C JLLA A S !lt�y <HCl �a—/Each $ �9 L Dollars/Each 7. 4 Each Provide and install standard fire hydrand assembly complete and in place for %.a 7F`►oUsar+�cA Arvc� /Each $ O 7'9 c®c� Dollars/Each 8. 25 Each Provide and install standard 3/4" house service (short) complete and place for Two A #vAnr-- ddin rve w at,14 Tw o Cebli t - . �_7Each $6,1z13 Dollars/Each 9. 17 Each Provide and install standard 3/4" house service (long) complete and in place for Fo,vy,hvr,,;{i^Ecog"d gaeyew d- "n -SS A.*jrj Sgyyg:e� cgzp "5 > --� �Q? --7/Each U? $ Dollars/Each I Proposal 2/6 BID UNIT ITEM QUANTITY ITMI PRICE TOTAL 10. 1 Each Provide and install standard 1" house service complete and in place for Sjy j C� L Lti rSS 0 G W o f Aa_-, 4 eiu� j " ; C- 9 Each $ 6�S7 3l Dollars/Each 11. 2 Each Provide and install standard 3/4" house service across Stevens Can- yon Road from an existing water main complete and in place for J U w ✓iu c i Dollars/Each /Each $ S %7 12. Lump Sum Provide and install all galvanized pipe connections complete and in place for A#/.:C s�u�v 1=� ®lLe,rz Dollars/L.S. Y70 Each _ $ 0 TOTAL Proposal 3/6 A. BID DOCU:M7, S, continued BIDDFM OMU=ICATION rORI In further compliance with the specifications furnished, the undersigned submits the following.statements as to his experience and to his qualifica- tions as a part of,this proposal, and the truthfulness and accuracy -of the information .is hereby guaranteed. (1) How many years has your organization been in business under its present .name? (2) How many years'experience in work comparable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. Ll -//A�,� State of California, Classification �-° r_- (4) List wort similar in.character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year Class, Location of Work and for Vohom Performed Contract Amount 0 r� p,�� G cV v - C/ �2 _0 IN 01s.t-, t c,�- A. BID DOCUMENTS, continued IF YOU ARE AN1 IMIVIDUAL, SO STATE. Ir YOU ARE A FIR -i OR CO -PARTNERSHIP , STATE THE F IR.Ni NLIE AND LIST THE ;"`ILS OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE .71M. IF A CORPORATION, STATE LEGAL NkME OF CORPORATION, ALSO, LNIMES OF PRESID TT, SECRETARY TREASURER ASL 'WAGER. THE CORPORATE SERI. MUST BE A 7ILYED . TYPE OF BUSINESS- Individual Cc -Partnership Corporation Joint Venture Other (describe) NAME kND SIGNATURE OF BIDDER: Date `J �A AJC' Addenda Received: 1 2 3 4 S Provosal Pdg`e 6 l Aaaress �- B. GENERAL PROVISIONS 1. DEFINITIONS OF TERMS By this reference, the latest published edition of the "Standard Specifications of the State of California Department of Transportation", as revised, is adopted as the specifications of this project. The -definitions and terms outlined in Section 1 of the Standards shall apply with the following modifications: 1-1.13 - Department = The City of Cupertino 1-1.15 - Director = Bert J. Viskovich • 1-1.18 - Engineer = Director of Public Works or his appointed agent(s) 1-1.25 - Laboratory = Department approved testing laboratory 1-1.32 - Proposal Form = The form(s) provided by the Department and provided in the Special Provisions of the Project Specifications. 1-1.39 - State = City of Cupertino 1-1.50 - Superintendent = A person as designated in writing by the Contractor, who shall be present at all times during the work and authorized to receive and fulfill instructions from the Engineer. r—il B. GENERAL PROVISIONS, continued 3. CONTROL U WORK a A. Authority of the Engineer The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. B. Plans h , All authorized dtterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working drawings or plans for any structure not included in the plans. fur- nished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval be waived in writing by the Engineer.. It is mutually agreed, however, that approval by the Engineer of the Contrac- tor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of his working plans with the approved plans and specifications. C. Conformity With Plans an.d•Allowable Deviations Finished surfaces, in all cases, shall conform with the lines, grades, cross- sections, and dimensions shown on the approved plans. Deviations from the approved plans, as. may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. D. Coordination of Plans and Specifications The plans and specifications and all supplementary documents are essential parts of the contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over standard specifications.and standard details; specifications'.Special provisions shall uovern over the plans and standard specifications and standard details. M B. GENERAL PROVISIONS, continued 4. CONTROL OF MATERIALS A. Samples and Tests The source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organiza- tions, and such special methods and tests as are prescribed in the Spec- ifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine the quality of materials. B. Defective Materials All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. B. GENERAL PROVISIONS, continued LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued P. No Personal Liability Neither the City Council, the Engineer nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. Q. Responsibility of the City The City of Cupertino shall not be held responsible for the care or protection of any material or parts of the work prior to final accep- tance, except as expressly provided in these specifications. R. Public Liability and Property Damage Insurance Before the contract is entered into, the bidder to whom it is awarded shall furnish to the City Council satisfactory proof that he has taken out for the period covered by the proposed contract, public liability insurance and property damage insurance with an insurance carrier satis- factory to the City under forms satisfactory to the City, to protect the City of Cupertino against loss from liability imposed by law for damages, (1) on account of bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from his operations in the performance of the contract. Said insurance shall also directly cover and protect the City of Cupertino, a municipal corporation, its elective and appointive boards, officers, agents and employees, and shall be maintained by the Contractor in full force and effect during the entire period of performance of the contract. Said public liability insurance shall be in amounts not less than $300,000 for one person injured in one accident and not less than $500,000 for more than one person injured in one accident, and said property damage insurance shall be in an amount not less than $200,000. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned classes for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages resulting from his operations. The insurance shall run for the length of the contract and, in addition, to the one year guarantee date. S. Cooperation Between Contractors Where two or more Contractors are employed on related or adjacent work, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be 3. GENERAL CROVISIONS, continued 6, PROPOSAL REQUIRE,= AND AWARD OF CONTRACT, continued the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided. The pa-=ent of pro- gress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to what- ever inspectiop, and approval may be required by law, K. Standard Specifications) The term "Standard Specifications" as herein used refers to the latest pub.lished_edition of the State of California, -Department of. T=ansporzation,— Standard _Specifica.tions,-.as _revised._ Sectionnumbers ref armed_.to_herein rafer to that edition_of__the_S_tandard Specifications. Standard details of the Cit? of Cuvertino.are.to supplement the Standards. L. Public Opening of Proposals All proposals submitted in accordance with these specifications shall be opened and read publicly at the time and place indicated in the "Notice to Contractors." M. Subcontractor Listing A11 bidders shall, on the forms provided in the proposal, list any and all subcontractors which will be used on the project. The submission shall be in accordance with Section 4104 of the Government Code. Incomplete forms may be a cause for rejection. N. Competencv of Bidders All bidders are required to complete the "Bidder Qualification Form" as is provided in the Proposal. Incomplete forms or experience not in the field of work being bid on may be a cause for rejection. B-17 C. SPECIAL PROVISIONS 1. LOCATION This project is located within the City of Cupertino right of way on Santa Lucia Road, Ricardo Road and Stevens Canyon Road. 2. SCOPE OF WORK The work shall consist of the furnishing of all labor, materials, tools and equipment necessary for the construction of 6"- water main adjacent and within the residential streets described, Included is the reconnection and install- ation of copper water services as well as fire hydrants, valves, and other miscellaneous connections as shown on the Contract Plans. 3. TIME OF COMPLETION The contractor shall diligently prosecute the work and said work shall be completed before the expiration of (45) forty-five working days from the approval of the contract. No work on Saturdays or Sundays, or before the hours of 8:00 A;:i1. or after 5:00 P.H., will be allowed, per City Ordinance No. 1022. 4. ESTIMATED QUANTITIES ITEM DESCRIPTION UNIT Est. Qty. 1. Install 6" ductile iron pipe L.F. 150 2. Install 6" A.C.P. w/trench type A L.F. 1,600 3. Install 6" A.C.P. w/trench type B L.F. 650 4. Install -10" to 6" tap and sleeve C-1 and valve Each 1 5. Install 8" to 6" tap and sleeve and valve -Each 3 6. Install 6" gate valve assembly Each 1 7. Install standard fire hydrant Each 4 8. Install 3/4" copper water service (short) Each 25 9. Install 3/4" copper water service (long) Each 17 10. Install 1" copper water service Each 1 11. Install3/4" copper water service (Stevens Canyon Road) Each 2 12. Miscellaneous Galvanized connections to intertie between new main and existing main. L.S. L.S. C-1 C. SPECIAL PROVISIONS, continued 5. EXPLANATION OF BID ITMIS The unit price bid per unit of measure of work shall include all costs of labor, equipment and materials necessary for the furnishing and constructing complete in place and operating of the work in accordance with these specifications and/ or the Contract Plans. Any item described in the Special Provisions and not specifically listed as a bid item shall be considered as included in the various bid items and no special compensation will be allowed. BID ITEM NO.1-6" DUCTILE IRON PIPE (L.F. This unit price bid item shall cover the excavation, installation, and back- filling of a lineal foot of class 200-6" ductile iron pipe with appurtenances. Also included, shall be the providing and installing of any and all bends, fittings, concrete thrust blocks, the rods and related incidental work required to complete the 6" line installation. The contractor shall chlorinate and test the line in accordance with City standards. BID ITERS NO. 2-6" A.C.P. (L.F.) WITH TYPE"A" TRENCH This unit price bid item shall cover the excavation, installation and backfilling of a lineal foot of class 200 - 6" A.C.P. with appurtenances. The contractor shall chlorinate and test the line in accordance with City standards. BID I= NO. 3-6" A.C.P. (L.F.) WITH TYPE "B" TRENCH Explanation same as Bid Item No. 2, except for using trench type "B". BID ITEM NO. 4 -TAPPING SLEEVE AND VALVE (EACH This unit price bid item shall cover all costs for providing and installing of a 10" x 6" tapping sleeve, 6" tapping valve and all related excavation backfill, thrust blocks, valve cans and covers, and incidentals in accordance with the standard of the Cupertino Water Utility (45-51). BID ITEM NO 5 -TAPPING SLEEVE AND VALVE (EACH) This unit price bid item shall cover all costs for providing and installing of a 8" to 6" tapping sleeve, 6" tapping valve and all related excavation backfill, thrust blocks, valve cans and covers, and incidentals in accordance with the standard of the Cupertino Water Utility (45-51). BID ITM1 NO. 6-6" GATE VALVE (EACH) This unit price bid item shall include all costs f:ox providing and installing a 6" gate valve. Valve boxes shall be provided and installed to grade as outlined on the Standard Details. BID ITE14 NO. 7 -FIRE HYDRANT ASS DIBLY (EACH) This unit price bid item shall include all costs for providing and installing of Standard Fire Hydrant assembly. Wet Barrell Hydrant shall be installed per Santa Clara County Central Fire District specifications. C-2 C. SPECIAL PROVISIONS, continued BID ITE11 NO. 8 -NEW 3/4" HOUSE SERVICE (EACH) SHORTRUN This unit price bid item shall include all costs for providing and installing a new 3/4" copper water service from the new main to the existing water meter to replace galvanized water service. This item covers a short side service and inc- ludes all fittings, clamps, blockings, to complete the installation. Excavation, backfill and minor adjustments in the property owner's service are to be included. BID ITEM NO. 9 -NEW 3/4" HOUSE SERVICE (EACH) LONG RUN This unit price bid item shall include all costs for providing aid installing a new 3/4".copper water service from the new main to the existing water meter to replace galvanized water service. This item covers a long side service and includes all fittings, clamps, blockings, to complete the installation. Ex- cavation, backfill and minor adjustments in the property owner's service are to be included. BID ITEI-I NO. 10-1" HOUSE SERVICE (EACH) This unit price bid item shall include all costs for providing and installing a new l" copper water service from the new main to the existing water meter to re- place the existing galvanized water service. This item includes all fittings, clamps, blockings, to complete the installation. Excavation, backfill, and minor adjustments in the property owners service are to be included. BID ITEM NO 11-3/4" HOUSE SERVICE (EACH This unit price laid item shall include all costs for providing and installing a new 3/4" copper water service across Stevens Canyon Road from the existing 8" A.C.P. to replace the existing galvanized water service. This item includes all fittings, clamps, blockings, to complete the installation. Excavation, backfill, and minor adjustments in the property owners service are to be in- cluded. BID IT121 NO. 12 -GALVANIZED PIPE CONNECTIONS (L.S. This unit price bid item shall include all costs for providing and installing all galvanized pipe connecting the new main to the existing galvanized mains as an intertie - excavation, backfill, fittings, clamps, blockings, etc. are to be included in the costs. 6. UTILITIES Existing utility poles and guys and other underground utilities are in the vicinity of work. The existing lines, poles and other facilities which are in the area of work shall not be damaged by the contractor. Any and all such damaged utilities shall be repaired and the costs covered by the contractor. 7. NOTIFICATION OF RESIDENTS The contractor shall notify adjoining tenants and/or owners of his anticipated construction schedule. This notification shall be by notice or letter, one week prior to move -in, and subsequently in person 24 -hours prior to work in the owner's frontage. C-3 C. SPECIAL PROVISIONS, continued 8. SAFETY The contractor shall fully investigate the areas of work and comply with California O.S.H.A. safety regulations. All work shall be done to insure the safety of the Public and workers. APPROVED BY: ert J. VisZyovi`ch - irector o Public Works C-4 REVIEWED BY: Travice Whitten Assistant City Engineer