02-087 San Tomas Aquino - Saratoga Creek Trail Reach 5
City Hall
~,
~'~ 10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OF (408) 777-3354
CUPEf~TINO
P
CERTIFICATE OF COMPLETION
AN]D
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the municipal improvements
in conjunction with the following project:
SAN TOMAS AQUINO - SARATOGA CREEK TRAIL
REACH 5 IMPROVI;MENT PROJECT
PROJECT NO. 2002-9116
have been completed in accordance with the approved improvement plans and acceptance of
completion was ordered by the City Council on July '7, 2003.
~ ~.~~CrC.Gr-
I~~
Director of Public Works and
City Engineer of the City of Cupertino
Date: July 8, 2003
Printed on Recycled Paper
CONTRACT FOIL PUBLIC WORKS
This CONTRACT made on ~ ~ ~ • ~ ~ ~ ~~ a, by the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter called CITY, and Grade Tech Inc.,
10250 Crow Canyon Road, Castro Valley, CA 54552, 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 Provision.; and Special Provisions.
c. Plans and Specifications for SAN TOMAS.gOUINO-SARATOGA CREEK TRAIL, REACH S
IMPROVEMENT PROJECT, PROJECT 2002-9116.
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.
THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities,
labor, transportation and materials necessary to perfonrn and complete in a good and working order,
the work of constructing San Tomas Aquino-Saratoga Creek Trail, Reach 5, 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 arnd Specifications are entitled, respectively San
Tomas Aquino-Saratoga Creek Trail, Reach .S Imyrovement Proiect, Proiect 2002-9116, and
which Plans and Specifications are identified try the signatures of the parties to this Contract. It is
understood and agreed that said tools, equipme;nt, apparatus, faciliries, labor, transportation and
materials shall be furnished, and that said worlr 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 repres~:ntative.
Contract Page 1 of 6
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
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 $400,043.00 (FOUR HUNDRED
THOUSAND FORTY-THREE AND 00/100 DOLLARS) subject to additions and/or
deductions as provided in the Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMICNT FOR WORK. Should any dispute arise
respecting the true value of the work done, ~~r 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 thi;~ Contract, said dispute shall be determined either
by reference to the Unit Prices bid, if applica~~le, 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 "f' 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 i~p 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, appn~val, 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 alterati~~ns, deviations, additions or omissions from the
Plans and Specifications or the Contract Docmnents, 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 determuied either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in ~rccordance 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, :rnd 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 ENVIRONMErTTAL 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 aft~:r the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such chan;;es either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
Contract Page 2 of 6
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 Docume~its.
11. INSPECTION AND TESTING OF M~~TERIALS. 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 CONTRA(~TOR'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 therec-f 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 CONT:EZACTOR' 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 ~~vork, such materials, appliances, plant and other
property belonging to CONTRACTOR as may be on the site of the work and necessary therefor.
13. THE CITY'S RIGHT TO WITH)EIOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final corrtpletion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as
Contract Page 3 of 6
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 amomits 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 dc;termination of the claim or claims. With respect
to any retention of payment by CITY to ensw•e 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 sealed 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 persor.~al 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 GRADE TECH INC.,
10250 CROW CANYON ROAD, CASTRO VALLEY, CA 94552, 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';> 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 oi' 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 assil~ed 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 Specification: must be met by CONTRACTOR, unless CITY
agrees in writing to some other material, procc;ss 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.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take ~~ut 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
Contract Page 4 of 6
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 li;~bility 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. Prec~~ution shall be exercised at all times for the
protection of persons (including employees) acid property. The safety provisions of applicable
laws, building codes and construction codes sh;sll 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 RESPONSIBILI7CY 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 d~unage 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. (:ONTRACTOR 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 aurthorized 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.
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.
Contract Page 5 of 6
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO:
By:
Mayor
Attest: ~~z" %~ /
City C rk
Date: ~ ~ , 2002
City Clerk
CONTRACTOR:
Notary acknowledgment is
Social Security #
Federal Tax I.D. #
k-~+,r-
APPROVED A O FO
~'' % ~. ,,,/~ Contractor's License No. ~~i~~S^
City
PROJECT NAME & NUMBER: San Tom~us Aquino-Saratoga Creek Trail, Reach 5
Improvement Project, Project 2002-9116
CONTRACTOR NAME & ADDRESS: Grade Te~~h Inc.
CONTRACT AMOUNT:
ACCOUNT NUMBER:
10250 Crew Canyon Road
Castro Valley, CA 94552
$400,043.00
420-9116-9300
FILE NOS: 74,009.11
Contract Page 6 of 6
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation, a
Social Security No. is required.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF Alameda
On before me, Lori Barry - Notary Public
~-1Q-02 -
DATE NAN[E, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC"
personally appeared, Eric Remson
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 acknowledged to me
that he/she/they executed the same in his/her/thheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~=~~ "`:'ti LtaR BI AF2Fd""`y~
'~ COMM. # 12135Jd
( ~ ) (~ ~y,.• UTAitY PLBL!C-CALlFUKNIA
NOTARY PUBLIC SIG TURE ,``~f e AI AMEOA couN rY ~
~.~,°~';,~~~/CVMM. EXP. APRIL 16, 20U3'~
OPTIONAL Ir~FORMATION
THIS OPTIONAL INFORMATION SECTION IS N07 REQUIRED BY LAW BUT Iv1AY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT.
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME
Contract
RIGHT THUMBPRINT
RIGHT THUMBPRINT
SIGNER'S NAME
~s~~~
B. BID PF~OPOSAL
SAN TOMAS AQUINO - SARATOGA CREEK TRAIL REACH 5 IMPROVEMENT PROJECT
Project No. 2002-9116
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORIJIA
Dear Sir:
In compliance with the plans and specifications furnished for the work of the SAN TOMAS AQUINO -
SARATOGA CREEK TRAIL REACH S IMPROVEr~lENT PROJECT, the City of Cupertino, PROJECT
2002-9116, 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 sY~own 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 decrea;~e 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 the lowest
responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code. Which allows for
rejection of any and 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 SAN TOMAS AQUINO - SARAT OGA CREEK TRAIL REACH 5 IMPROVEMENT
PROJECT, PROJECT N0.2002-9116 as described in the Special Provisions.
I, the undersigned, shall diligently prosecute the work to completion as specified in the Special Provisions. I
further understand that I shall pay liquidated damage:a to the City of Cupertino in the sum specified in the
Special Provisions.
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.
BID PROPOSAL PAGE 1 OF 9
\
' , ESTIMATEI) QUANTITIES
The bi d unit prices for this project shall be as outlined below.
REVISED SHEET -ADDENDUM # 1
Bid Est.Qty. Unit Total
°v
Item Unit Item Price ~5~~'' Price ~S, aoo.oo
1. 1 LS Mobilization $ + ~• ea /LS $ -2~yLp. ~ ~ ~ 2
2. 580 LF Temporary Silt Fence $ ~ -~ /LF $ ~~~'
3. 1 LS Clearing and Grubbing $ ~~,~ an 2S $ 7.0,000• vL
4.
100 TON
Remove & Dispose Concrete,
$ cx.
~~ /TON ;~..
$ q C~Cy-`
Asphalt/Wood and other Debris
5. 21 EA Remove Bollazds $ ~(Z~ /EA $ d~
6. 2 EA Remove Chain Link Gate $ (~ !BA $ 2t~~
7. 36 LF Remove Chain Link Fence $ 3 ~ 2F $ [ D~j`'
8. 1 LS Remove Wood Soundwall and Gate $ ~ 2S $ ~i~"`
9. 625 CY Roadway Excavation (F) $ ~~ /Cy $ j ~' ~~_
10. 30 LF Conduit (4") for Crossover $ 7.aC~ 2F $ ~,~, OC;C"~''
11. 4,600 LF Shoulder Backing -Class 2 A.B. $ ~ "- /LF $ ~-['; bGl"~-'
12. 380 CY Aggregate Base -Class 2 $ 6O"~ /CY $ '2'Zl ~~~--
13. 375 TON Asphalt Concrete - Type B $ SS ~ /TON $ ~, 6Z~''
14. 9 EA Install Roadside Sign (with post} $ 2~"' BA $ 2,3
15.
6 EA Install Sign Panel (existing post)
Marker
$ a"
~ ~'°' "'~'
$ [ • Z~
16.
120 LF
Minor Concrete (Curb and Gutter) vo
$ ~- /LF ~
$ 2i 4CXj
17. 10 LF ~ Minor Concrete (Median Curb) $ ~'' /LF $ ~(~~'
18. 750 SF Minor Concrete (Sidewalk, Driveway, $ [~~='~ /SF ~~(7~
$ r2
Curb, Ramp) .
19. 6 EA ,Install Removable Bollazd $ Za`"tj`~ /EA $ ~ ~ ~CjO':
20. 2 EA Install Trail Entrance Bollard $ ~"~ /EA $ ~~~~
21. 2 EA Install Trail Entrance Sign $ ~,4~~ /EA $ 2, ~~
22.
18 LF
Reconstruct Timber Retaining VG'all
$ ~..
[ ~ _ /LF
$ ~ C~
23.
1 EA
Chain Link Gate (2-6' Panels)
$ ~
[~ 6U1~ /EA ~
$ [4~~
24. 280 LF 8' Redwood Fence with Lattice $ _ ~. ° ~ /LF $ (Z, ~Ot7 . `°
BID PROPOSAL, PAGE 2 OF 9
~~ REVISED SHEET-ADDENDUM # 1
25. 950 LF Two Rail Fence
26. 7,500 SF Paint and Anti-Graffiti Coat Sou~-dwall
27. 1 LS Pavement Striping. and Marking;>
28. 1 LS Landscaping
29. 1 LS Irrigation System
30. 6 EA Benches
31. 4 EA Dog Walk Dispensers
32. 1 LS Pedestrian Bridge Foundation Design
33. 1 LS Pedestrian Bridge Fabrication ar,~d
Delivery
34. 1 LS Pedestrian Bridge Foundation
35. 1 LS Pedestrian Bridge Installation
$ ~~ isF $ ~.oce~
$ ~~-- 2S $ S`-C~
$ 1ll~~or /LO $ ~~~~~i~S"!
$ y8,aae ~ 2s $ ~S,aoo. ~~
w
$ I, oar-' /EA
$ _ ~.
6~ oop
$ ~Gt?~ BA $ I.
$ ~ C~a` 2S $ ~~C~p'`
$ Z$~~,oa 2S $ 28, ~. o0
$ 57i00d.~iO /I.S $ 57i000.av
TOTAL BID $ Yav, ~' ~t~ ~ ~
BID PROPOS.a.L PAGE 3 OF 9
~I, the undersigned, agree that if this proposal is ac~;epted, 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 witl~~out 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 azid each starting date where conflict of construction
schedules occur.
Attached hereto is the required certified check or bid bond in the amount of $ ~ d °/ ~~ , as required by
law and the Notice to Bidders. (10% ofbid amount)
BID PROPOSAL PAGE 4 OF 9
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBPdIITTED WITH BID
I, the undersigned, being first duly sworn, depose and s.ay that I am
~,~i G ~.LZ s c n S ec~e.~~ Tie S • of _ ~d.~ ~ l [~.1~ -~-,•~ c_.
(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, organizatio~i, 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 a€;ainst 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 a,iy 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 S OF 9
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 ~~vork as a part of this proposal.
We have been in business under the present name for _ eazs.
Our experience in work compazable with that required by the proposal contract is ~ years
operating under the following different name(s).
~i~i2ia C.~ c
~~~w
My California Contractor's License Number is 6 2- ~ ,~~ 5
The classification of my Contractor's License is
The expiration date for my Contractor's License is ~ ~ -~'~ ' ~
******************************************************************************
* (This Section for City use only)
* The above info tion has been verified by ~ ~'
on
* Contractors fate License Boazd (800) 321-2752 or (408) 277-1244.
******************************************************************************
Where federal funds aze involved, no bid submitted :hall 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 awazded
the contractor shall be properly licensed.
BID PROPOSAL PAGE 6 OF 9
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 an;~ of the work for this project in an amount in excess of
one-half of one percent (0.5%) of the total bid are listc;d 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 t~'G~' (~ L.UC ~~`~ ~ ~e S r 5~,~~~5' Contractor's License No. ~ ~ ? /3 S
~07~ 37~'- `~30
Address & phone no. ~o Z~ '" ~~ ~'' f('G ~f I~~. IC~~o 4r~~S-~-. L~•9 ~YS7/
Work to be Performed ~ac,~ ~- Y~s~e.
2. Name G_4^ .~~`S p CO , Contractor's License No. 3 ~ `~ 6~
Address & phone no. `f3(y50 t?Sgoga~ ~~ . ~~~-~' G9 ,~10 -656 -- 239'7
Work to be performed .~
3. Name ~oneS ~~~~-rS Contractor's License No. `C~~$(a
Address & phone no, ~~~1~`f C~ v2~n S-~ . /V(otq~ }~ /~, G4 ~/p% -779 - q Sav
Work to be performed ~ c:r
4. Name }~ ~ ~} ('o.~ r~~ Contractor's License No. ~ ~ 7 q 3 ~
Address & phone no. ~{,2 (OD gasc~ l ( ~~ ~M~-~; .~/o' 9 T~ - 9276
Work to be performed
~~- CQ~Gr'2.
~~ ~` ~' ~~( ~o~t 32.6
5. Name _ Contractor's License No.
~~ x 3 n~~~~c:~ito~ Ch $6d- S~ j - Z3? ~(
Address & phone no, ~ y v= j -~~--~~~ a ~.•~,
W~k~o bew~~d
6. Namem~,. ~~~+~
ER
Address & phone no. _
8r~
Work to be performed
~«
BID PROPOSAL PAGE 8 OF 9
I s c ~ pe -~+=.~ ~-
tor's License No.
~'s
BIDDER'S SIGrfATURE 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 TH]E PRESIDENT, SECRETARY-TREASURER, AND
MANAGER. THE CORPORATE SEAL MUST BE ~-FFIXED TO THIS FORM. ENTER THE NAME OF
YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF N~~1VIE OF
BUSnvESS C~,~s-~Y~c-~•'o-•, BUSnvESS Grc~.c~ e ~'~c-~ ~~ .
Sc~ ..tit ~' r ~.* „-~ i' v S rP S ~ C.~e..--t f .~-t~na~ ~ s
CORPORATION: ~rc~c~ 2 CL ti ~`c . ~ ~ n ` c: ~ rc.~t S C .~ Sec:~~~r-~ y 1 - ~e~ s ~ ~e r
CO-PARTNERSHIP:
INDIVIDUAL:
JOINT VENTURE:
OTHER
(Describe 1
Name and Signature of Bidder:
~+~1,G I~LIVi,SL1:~
(Print or type
~f'-c,~s ate''
Date: -7 - I - ~ Z
Address (mailing & location): PD I~C~ X 1-12, ~~ .Scs..~ Ins. ~tAa n G~ ~f yS S 3
I D "L.i D C- hoc.-ti C~ ~ ~ a.-~ ~ .
C<.~S-~ ~~~~~-~~ y c~ ~ys~Z
Telephone Number: 5iG 7 3 3 ~ G~~i d
Acknowledgment of all addenda received is required b;y circling each addendum number.
2 3 4 5 6 7 8 9 10
Attendance at Mandatory Pre Bid Meeting: AYES NO
BID PROPOSAL PAGE 9 OF 9
nn of
CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is 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 undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial or
comprehensive general liability insurance, automobile liability insurance and builder's all risk
insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced
by the issuance of a certificate in a form prescribed by the City and shall be underwritten by
insurance companies satisfactory to the Cit;~ for all operations, sub-contract work, contractual
obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said
insurance coverage obtained by the Contract~~r, excepting worker's compensation coverage, shall
name the City, its engineer, and each of its directors, officers, agents and employees, as determined
by the City, as additional insureds on said policies. Insurers must be licensed to do business in the
State of California. The Insurers must also have an "A" policyholder's rating and a financial rating
of at least Class VII in accordance with the current Best's Guide Rating.
D. Before Contractor performs any work: at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from. the provisions for indemnification of the City by
Contractor under this Contract and for the di-ration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and issued by a company admitted in California and having a Best's Guide
Rating of A, Class VII or better.
Worker's Compensation Liability Ire accordance with the Worker's Compensation
Act of the State of California - $1,000,000 per .
occurrence.
Insurance Agrc;ement Page 1 of 2