00-088 DeSilva Gates Construction~~~ ,
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
C}T'l pj^ ~~~ upertino, CA 95014
C U P E ~T I N O ~/ (408) 77'7-3200
BY THIS AGREEMENT, made and entered into on the
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) DeSILVA GATES _ (2)
Address 11555 DUBLIN BOULEVARD City DUBLIN Zip 94568 Phone (925) 829-9220
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: RUBBERIZED A. C . OVERLAY ON FOOTHILL
BLVD. FROM NORTH CITY LIMIT TO SANTA LUCIA RD. & ON S.C.B. FROM FOOTHILL TO W. OF RIDGEWAY DR.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT "A" PROPOSAL
TERMS: The services and/or materials furnished under this Agreement shall commence on ~g$X~i>E$ JULY 24, 2000 ~Y'
and shall be completed before E TF[E EXPIRATION OF 35 WORKING DAYS.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$579,433.00 (ACTUAL AMOUNT SHALL BE BASED ON UNIT PRICES IN PROPOSAL)
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the Ci~:y, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein.
Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Ag~eement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY stall be:
NAME CARMEN LYNAUGH _ DEPARTMENT PUBLIC WORKS
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTR~AC~T~O~ R: DEIISI/L~'VA GATES CONSTRUCTION LP CITY OF PERTINO:
By r 1 lA.(M /~ 2X~ Ut ~`~~~ ~lY~ E3y
Title MICHAEL A. KLOOS, VICE PRESIDENT Title P LIC WORY.S PR ECT ER
Soc. Sec. # N/A
APPROVALS ~(~~
EXPENDITURE DISTRIBUTION
DEPARTMENT HE DATE PCCOUNT NUMBER AMOUNT
CITYC ERK ATE 270-8404-7016 579,433.00
~ '.
NO.~~ ~~
C ~'
day of , 20 ,
White: City Clerk ~ Green: Finance Yellow: Contractor ~~nk: R~eiv~irfg Gold: Department
C O N S T R U C T 1 O N
Contract Exhibit "A" 11555 Dublin Boulevard
P. 0. Box 2909
Dublin, California 94568.2909
925/829-9220
CONTRACTORS LICENSE N0.704t95 A
Date: June 27, 2000
TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
ATTN: Carmen Lynaugh
Public Works Project Manager
RE: Foothill/Stevens Creek Rubberized Elsphalt Overlay Proposal
Estimate #000609
Gentlemen;
DeSilva Gates Construction LP is pleased to submit: for your consideration and review this
proposal for work on the above referenced project. Our bid is based upon 20 and 40 scale aerial
photos and quantities provided by the City of Cupertino. Our proposal is a unit price proposal and
final contract will be based on field measured quantities of the work actually installed. Our prices
are based on the County of Santa Clara specificatio~is for the adjacent Foothill Expressway project
that we are currently performing except as specifically changed in this proposal.\
Our Unit Prices and Approximate Quantities are as follows:
~XHI~~sT A
Contract Exhibit "A"
City of Cupertino
Foothill/Stevens Creek Overlay Proposal
June 27, 2000
Page 2 of 4
Bid Bid Description Bid Units Bid Total U.P. Bid Total
Item # Quantity
1 TRAFFIC CONTROL SYSTEM 1 LS $ 98,966.00 $ 98,966.00
2 ADJUST EXISTING MANHOLES TO
GRADE 65 EA 325.00 21,125.00
3 ADJUST EXISTING WATER
VALVES TO GRADE 45 EA 250.00 11,250.00
4 ADJUST EXISTING MONUMENTS
TO GRADE 10 EA 250.00 2,500.00
5 ADJUST DETECTOR HANDHOLE
TO GRADE 6 EA 150.00 900.00
6 TYPE G-MB ASPHALT CONCRETE
RESURFACING 6,100 TON 61.00 372,100.00
7 COLD PLANE AC 6' WEDGE CUTS 111,600 SF 0.30 33,480.00
9 THERMOPLASTIC TRAFFIC
STRIPES 50,490 LF 0.20 10,098.00
10 THERMOPLASTIC PAVEMENT
MARKINGS 2,015 SF 2.00 4,030.00
11 PAVEMENT MARKERS 5,332 EA 2.00 10,664.00
12 PAVEMENT MARKERS (REEL) 1,030 EA 4.00 4,120.00
13 DETECTOR LOOP 24 EA 350.00 8,400.00
14 F&I DETECTOR HANDHOLE 5 EA 200.00 1,000.00
15 F&I CONDUIT 50 LF 16.00 800.00
$ 579,433.00
And include the following specific items of work:
SPECIFIC INCLUSIONS:
1. Furnish and install 1-1 /2" AC overlay using Type G-MB rubberized asphalt per County of
Santa Clara Foothill Expressway Specifications including SS-1 tack coat.
2. Cold plane longitudinal conforms from 1-1/2" deep at the gutter lip to 0" at 6' from the
gutter lip.
3. Cold plane transverse conforms 12' Wide 0•-1-1/2" deep.
4. Offhaul and dispose of all AC millings generated by the cold planning operations.
5. Reference and replace existing striping after overlay is complete. All striping to be
thermoplastic.
6. Replace existing traffic signal loops that are damaged by cold planing operations. New
loops to be installed after planning operatio~ls and prior to overlay paving.
7. Removal and disposal of existing pavement markers prior to installation of the new
overlay.
EXHIBIT A
Contract Exhibit "A"
City of Cupertino
Foothill/Stevens Creek Overlay Proposal
June 27, 2000
Page 3 of 4
8. Adjust existing manholes, water valves and monuments using metal adjustment rings per
Caltrans specifications.
9. Clean-up for our work only.
10. Traffic control is included for all of our work. We will provide lane closures and/or detour
signing per the Caltrans traffic control manual.
11. A standard payment and performance bond will be provided to the City.
12. Overlay will be placed against the median curb or dike.
SPECIFIC EXCLUSIONS:
1. Any fees, permits, surveying and testing. ~Ve will provide third party testing and
inspection on a time and materials basis if rf;quired by the City.
2. Offsite construction water -our bid is based on using onsite water from City fire hydrants.
We include the cost of any construction water that we use.
3. Removal, modifications or relocation of exi~~ting utilities. Any conflicting utilities shall be
relocated prior to the start of our work.
4. Handling and/or removal of contaminated aaid/or hazardous materials.
5. Uniformed police officers for traffic control. At our option we may choose to obtain the
services of uniformed police officers to assi:~t with the traffic control in the major
intersections.
6. Crack sealing or patching of existing pavement prior to overlay.
7. Trimming or pruning of existing trees along the roadway by an arborist or specialized tree
company. We will trim low-hanging brancr-es that interfere with our operations.
8. Shoulder backing or grading of any kind.
9. AC dike removal and/or replacement.
10. Project Funding signs or any other special notice signs or changeable message signs.
11. Removal of existing thermoplastic marking:..
STANDARD CONDITIONS:
1. One initial move-in and one continuous operation. Notice to proceed shall be issued no
earlier than August 1, 2000, and 35 working days will be provided to complete the work.
We will receive a contract for the work at least two weeks before the notice to proceed.
2. Our prices are based on working during the hours of 7:00 AM to 5:00 PM. Lane closures
in the southbound direction shall be allowed. from 7:00 AM to 3:30 PM and in the
northbound direction from 9:00 AM to 5:00 PM.
3. Our prices are based on not paving around the returns on the side streets. We plan to have
the conform run in a straight line from gutter lip to gutter lip along Foothill or Stevens
Creek.
4. Any phasing of work will result in additional costs due to reduction in production and
additional move-ins.
5. Any work requested by the City to be performed in inclement weather or over optimum
moisture conditions, will result in additional costs and will be billed as Time and Material.
Contract Exhibit "A" XH~B~~ A
Ctty of Cupertino ~/~
Foothill/Stevens Creek Overlay Proposal
June 27, 2000
Page 4 of 4
6. Any overtime requested by the City to expedite completion of this project must be
approved prior to the work being done and ~Nill be billed as an extra.
7. This proposal is based upon the City and De~Silva Gates Construction reaching mutual
agreement in the Terms and Conditions of a Contract for this project.
8. This proposal remains in effect for thirty (30) days from receipt.
9. The inclusions, exclusion and conditions in this letter shall be made a part of any
subsequent contract.
We ~fdok forwa~,d to working with you on this proje~~t. If you have any questions, please call me.
~v ery truty~urs, --~
DESILVA GATES CONSTRUCTION, L.P.
Tom Gunther
Estimator