05-083, Gordon N. Ball Project No. OS-9449
DOCUMENT 00520
AGREEMENT
THIS AGREEMENT, dated this 17th day of August, 2005 , by and between Gordon N. Ball, Inc. whose place of
business is located at 333 Camille Avenue, Alamo, CA 94507 ("Contract:or"), and the CITY OF CUPERTINO, a
Municipal Corporation of the State of California ("City")acting under and by virtue of the authority vested in the City by the
laws of the State of California.
PROJECT NUMBER OS-9449
MARY AVENUE BIKE PED BRIDGE PROJECT -PHASE 1
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as
follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Terry W. Greene, AIA, City Architect, to act as City's Authorized Representative(s), who will
represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract
Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more
specific functions to one or more specific City's Representatives, including without limitation engineering, architectural,
inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's
Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and
indemnities.
2.2 City has designated Terry W. Greene, AIA, City Architect, to act as Construction Manager. City may assign all or
part of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the
identity of the Construction Manager at any time with notice and without liability to Contractor.
2.3 City has designated Mahvash Harms, Biggs Cardosa Associates, Inc. to act as Consulting Engineer. City may
change the identity of the Consulting Engineer at any time with notice and without liability to Contractor.
2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide
to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
Contractor shall commence Work at the Site on the date established in the Notice to Proceed. City reserves the right
to modify or alter the Commencement Date of the Work.
City of Cupertino 00520 - 1 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
Contractor shall achieve Final Completion of the entire Work (other than non-substantial punch list items) within 85
Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General
Conditions).
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss in
the form of contract administration expenses (such as project management and consultant expenses), if all or any
part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Article 15 of Document 00700 (General Conditions),
Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to
fix the amount of actual damages incurred by City because of a delayvi completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for df;lay Contractor shall pay City:
3.2.1 $ 250.00 for each Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work, (other than paving, erosion control and non-substantial punch list items) is
achieved.
3.2.2 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsover, that Contractor can
demonstrate to City's satisfaction is beyond Contractor's control.
3.2.3 Six Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsover, that Contractor fails to
demonstrate to City's satisfaction is beyond Contractor's control.
These measures of liquidated damages shall apply cumulatively and except as provided below, shall be presumed to
be the damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public
use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the
Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by
others who then seek to recover their damages from City (for example, delay claims of other contractors,
subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum of Five Hundred Sixty Six Thousand, Seventy Three Dollars and No
Cents 566,073.00) for completion of Work in accordance with Contract Documents as set forth in Contractor's
Bid, attached hereto:
Bid Form marked EXHIBIT "A"
Article 5. Contractor's Representations
In order to induce City to enter into this Agreement, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract
Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state
and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or
City of Cupertino 00520 - 2 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-
built drawings, drawings, products, specifications or reports, available for Bidding purposes, of physical conditions,
including Underground Facilities, which are identified in Document 00320 (Geotechnical Data and Existing
Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these
Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such
materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so
identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests,
reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that
pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at
or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as
Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the
provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under
any instrument, agreement, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code
§4100 et seq. in document 00430 (Subcontractors List).
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00510 Notice of Award
Document 00520 Agreement
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
City of Cupertino 00520 - 3 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
Document 00660 Substitution Request Form
Document 00670 Escrow Bid Documents
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Supplementary Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Specifications Divisions 1 -General Requirements
Division 2 -Technical Requirements
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data and Existing Conditions), and the information supplied therein, are not Contract Documents.
The Contract Documents may only be amended, modified or supplemented as provided in Document 00700
(General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Agreement are defined in Document 00700 (General Conditions) and Section 01420 (References
and Definitions) and will have the meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents,
or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is
limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract
Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et
seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public
works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services or materials pursuant to the public works contract or the
subcontract. This assignment shall be made and become effective at the time City tenders final payment to
Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to
execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are
deemed included in the Contract Documents and on file at City's Public Works office, and shall be made available
to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is
aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code,
and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms
and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.
If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby
waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements,
City of Cupertino 00520 - 4 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any
provision not otherwise included in the Contract Documents is required to be included by any applicable law, that
provision is deemed included herein by this reference(or, if such provision is required to be included in any
particular portion of the Contract Documents, that provision is deemed included in that portion).
7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive
their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or
proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in
Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3,
Chapter 5.
City of Cupertino 00520 - 5 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.
MARY AVENUE BIKE PED BRIDGE PROJECT -PHASE 1
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the GORDON N. BALL, INC.
State of Ca(l~fornia ~ \ , /
By: Yak-.,rt c C/" 1~-,-,~ f `J ,12.r~
David W. Knapp By:
City Manager [Signature
Attest: l- -
~1~-G4-tic0~ Ai.~ s~ ~
[Please print name here]
City Clerk t
Approved as to" form by City un Title: ~ ~
[If Corporation: Chairman ,President, or Vice President]
' Attorney By:
I hereby certify under penalty of perjury that David W. [Sign
Knapp of the City of Cupertino was duly authorized to
execute this document on behalf of the City of Cupertino by ~ _
a majority vote of the City Council on August 16, 2005. [Pleas~eprilnt name here]
Title: .~L,~V'Gi"~I~IM
[If Corporation: Secretary, Assistant Secretary,
~J Chief Financial Officer, or Assistant Treasurer]
Dated D~ ~ ~ ~V~
State Contractor's License No. Classification
Pa 'ck Kwok, Mayor of the City of Cupertino, a Municipal ~jl' ~ ~ •
No.
Designated Representative:
Terry W. Greene, AIA Name: T~i"'I
City Architect Title: ~1~`J~ D~PiK..'~
10300 Torre Avenue, Cupertino, CA 95014 Address: ~1 ~ ~ { ~ ~C.• ~ ~ k~'110
Phone: 408-777-3244 Phone: 12~' D S~O~`J~
Facsimile: 408-777-3333 Facsimile: 125 ' 0 3 l7 ' ~ ~ ~ ,~I,~
E-Mail: terryg@cupertino.org E-Mail: ~'JT-U ~'-~Y e b~i1, I ! LanL-~ ~
CONTRACT AMOUNT: $ 566,073.00
ACCOUNT NUMBER: 270-9449-9300
FILE NO.: 74.009.16
END OF DOCUMENT
City of Cupertino 00520 - 6 Agreement
Mary Ave Bike Ped Bridge Project
Phase I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On August 22, 2005 before me, DEBORAH PETERSEN, Notary Public
Name and Title of Otlicer - e.g., `lane Dce, Notary Public"
personally appeared Hal Stober
Name(s) of Signer(s)
Qpersonally known to me - OR - O 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/their authorized capacity(ies), and that by
PAR his/her/their signature(s) on the instrument the person(s)
a COMM #1562677 ~ or the entity upon behalf of which the person(s) acted,
~ NpTgpYPUBUC-CALIFORNW '~O executed the instrument.
CpNTRACOSTACOUNfY
. My Comm. E]~ifes MBtCh 22, 2009
WITNE S my hand and official sea .
Signature of Notary
-------------------------------------------------OPTI ONAL----------------------------------------------------
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
Description of Attached Document
Title of Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
O Individual O Individual
D Corporate Officer O Corporate Officer
Title: Title:
O Partner Olimited Ogeneral O Partner Olimited Ogeneral
~ Attorney-in-Fact ? Attorney-in-Fact
l7 Other: O Other:
Signer is Representing: Signer is Representing:
Project No. OS-9449
DOCUMENT 00400 TT
BID FORM j j
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders),
paragraph 1.
TO TIC HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
(Firm/Company Name)
Re: PROJECT NUMBER OS-9449,
MARY AVENUE BIKE PED BRIDGE PROJECT -PRASE 1
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Agreement), to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract
Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for
Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the
disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
3. In submitting this Bid, Bidder represents:
(a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is
hereby acknowledged).
Addendum No. Addendum Date Si tore of Bidder
(b) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and
analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Agreement),
Article 5.
(c) Bidder has received and examined copies of the following technical specifications on City-provided,
Contractor-installed equipment. (N/A)
(d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the
written resolution thereof through Addenda issued by City is acceptable to Contractor.
4. Based on the foregoing, Bidder proposes aad agrees to fully perform the Work within the time stated and in strict
accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid
Prices:
City of Cupertino 00400 - 1 Bid Form
Mary Ave Bike Ped Bridge Project
Phase 1
Project No. OS-9449
SCHEDULE OF BID PRICES
r.. t. f.
All Bid items, including lump sums and unit prices, must be filled in completely. Bid items are described in Section
01100 (Summary of Work). Quote in figures only, unless words are specifically requested.
ITEM ESTIMATED UNIT
ITEM CODE DESCRIPTION QUANTITY UNIT PRICE TOTAL
1 01505-01 Mobilization and Demobilization 1 LS ~ $~~.v~
2 01415-01 Lead Compliance Plan 1 LS $5~V $,S~DDO
S
Subtotal (A) $yd 0
South Side
3. 02230-01 Clearing and Grubbing 1 LS $~GGU $ ~0°-°-
4 02230-03 Temporary Protection Fence 1,000 LF $ t1 ~ $ H
5 02220-OS Salvage Manhole Grate and Install 1 EA $
Manhole Cover ~ 2~OD0
6 02230-02 Adjust Manhole to Grade 1 EA $
7 02230-04 Remove Tree 17 EA $ q
8 02820-03 Relocate Fence and Sliding Gate g2 LF $ 50_ ~t10~
9 02220-0 l Remove Fence (Residence) 431 LF $ ?Jp~" $ ~9 ~
10. 02220-02 Remove Chain Link Fence 243 LF $ (0 ~ $ j ~i58
11. 02300-01 Earthwork (Excavation) (South Side) 319 CY $ ~ $
12 02220-03 Remove Base and Surfacing 1,104 SY $ $ ~
13. 06120-01 8' Wood Fence (Security Fence) 485 LF $ $ ,2q (Opp
14. 06120-02 7' Wood Fence (Screening Fence) 303 LF $ Fj 5 m $ ( (p(p5
15. 06120-03 8' Wood Gate (Security Fence) 2 EA $5~j" g ~ pp~j°-S
16. 02820-01 Chain Link Fence (Type CL-6) 27 LF $ ~ °-Q $ 43~ -
p~e
17 02820-02 Chain Link Fence with Redwood Slats 146 LF $ ~j`-'~ $
(T e CL-6) ~
18 02820-03 12' Chain Link Gate with Redwood 1 EA $~a p $~j0
Slats (T e CL-8)
19. 02391-01 Erosion Control and Hydroseeding 1 LS $ ~OUO $10~ OdQ
20 02391-02 Soil Amendments 1,400 CY $ ~ $
Z1 02930-01 Redwood Tree (60"Box) 3 EA $ 4. $ 12 0~~
Subtotal -South Side (B) 3114P
REVISED SHEET -ADDENDUM NO. 1
City of Cupertino 00400 - 2 Bid Form
Mary Ave Bike Ped Bridge Project
Phase 1
Project No. OS-9449
North Side
22. 02230-01 Clearing and Grubbing 1 LS $y~~p° $y~jp~
23 02230-03 Temporary Protection Fence 2,028 LF $ ~ ~ j
24 02230-04 Remove Tree 22 EA $ ( x,00
25 02220-01 Remove Fence (Residence) 600 LF $~S=° $ ~ 000
26 02220-02 Remove Chain Link Fence 405 LF $ b $,L,4
27 02300-01 Earthwork (Excavation) (North Side) 2,221 CY $,Z,S~ $ 5552
28 02220-03 Remove Base and Surfacing 126 SY $ ~ rj $ ~ g9Q
29 02742-01 AC Dike (Type A) 75 LF $,25"" $ ~~$}5
30. 02820-01 Chain Link Fence (Type CL-6) 68 LF $ 5Q $ 3yDO
31. 06120-01 8' Wood Fence (Security Fence) 600 LF $ $ 3 00 O
32 06120-02 7' Wood Fence (Screening Fence) 363 LF $ CJ5 $ ~ c~ ~
33. 06120-03 8' Wood Gate (Security Fence) 3 EA $ C,OD $ ~ 5
34. 02391-01 Erosion Control and Hydroseeding 1 LS $~Q(apD $
10 00C~
35. Div. 16 Joint Trench Ductbank (1-6"Ducts) 122 LF $~/0~ $l.3 ~l10~
36. Div. 16 Joint Trench Ductbank (2-6" Ducts) 121 LF $ ~
37 16480-02 Utility Vault 2 EA g~Z ~o$
38 Div. 16 Joint Trench Ductbank (Additional 2-6" 188 LF $ ~ $ a~
Ducts) //D a?O D
39. 02391-02 Soil Amendments 1,540 CY $~p`~ $p~0 °S
Subtotal -North Side (C) $
TOTAL BID PRICE (A+B+C) $S(~(4 D~'
Total Bid Price: ~I~ !'l ~P ~•x ~ r~
(Words)
/IQ.i'S Cc ~t rD CQ.rI~
REVISED SHEET -ADDENDUM N4. 1
City of Cupertino 00400 - 3 Bid Form
Mary Ave Bike Ped Bridge Project
Phase 1
Project No. OS-9449
5. Subcontractors for work included in all Bid items aze listed on the attached Document 00430 (Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is. mailed or delivered to
the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time
thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by
Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not
limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document
00620 (Construction Labor and Material Payment Bond).
8. Notice of Awazd or request for additional information may be addressed to the undersigned Bidder at the address set
forth below.
9. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in
the United States, or a corporate surety bond fiunished by a surety authorized to do a surety business in the State of
California, in form specified in Document 00200 (Instructions to Bidders), in the amount often percent (10%) of the
total of the Total Bid Price and made payable to the "City of Cupertino".
10. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in
Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520
(Agreement). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the
commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform
independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and
that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements
of the Contract Documents.
11. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages
for failure to complete all Work in the Contract within the time specified in Document 00520 (Agreement) shall be
as set forth in Document 00520 (Agreement).
12. The names of all persons interested in the foregoing Bid as principals are:
(IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation,
state where incorporated, and names of president and secretary thereof; if a partnership, give name of the fum and
names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give
first and last names in full). , n
NAME OF BIDDER• ~ ~ ( I ~ 1
licensed in accordance with an act for the registration of Contractors, and with license number: L%
Expiration: ~ ~ 3 ~ G~
C(i(U~t/ 'Lf,Gti
Where incorp rated, if applicable
J~~~
Princip
I certify (or declare) under penalty of perjury under the laws of State of California that the foregoing is,
true and correct.
Signature Bidder
City of Cupertino 00400 - 4 Bid Form
Mary Ave Bike Ped Bridge Project
Phase 1
Project No. OS-9449
NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or
officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm
together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.
Business Address: 33~ f
~}~l
Officers authorized to sign contracts:
v ~ r~
Telephone Number(s): F2c~ ~ ~
~ ZS - ~3~ - ~ ~ 5
Fax Number(s):
E-Mail Address: ~ s ' e ~ I ~ ~ ~
END OF DOCUMENT
City of Cupertino 00400 - 5 Bid Form
Mary Ave Bike Ped Bridge Project
Phase 1
" P,rojecC No. OS-549
DpCU1~tE2~S' 04411
1rO~ AC£OMP~:.T~~C B~
II,'.I~10'VJ' ALL 13Y'rHESE PRESENTS:
That the undersigned CARDON N. BALL= INC. as Principal and the undersigned as Surety arc herd 'and fisir~_ly
bound unto tlae CITY OF CUl'ERTZNO, a Mutvcipsl Corporation of the State of California ("CitS~ as obligee, in the penal
sum of **TEN_PERCENT_(10~) OF AMOUNT BID**DoIIars **10"s** )awful rno*zey of tTae United States of America
being at least te>a percent (>,0%) of the aggregate amount of said PrineipolGORDON N. BALL, I_NC. 's base Bid, for the
payment of which, we11 and truly to be made, we bind ourselves, our successors, executors, adzxiixiistzarors, and ass;glis,
joiz4tly aza,d severally, ply by these presents"
WHEREAS, the said Principal is suismxtkizag a Bi.d for City Pro,~ect T~nr~~rijer 0~-g449', l~£A~~.' A~'k,i~'UE 8~,:~
1'ED T3RFD.~sE ]sRO.TEC'Z' -PHASE 1.
THI~ COl~D1TION OE '1H15 OBLIGATION ZS SUCH tltEt if the Bid submitted by the said Principal be accept~.d
and the Contract be awarded to said Prineipal. and said f'riz~cipal shall within the reclttiz'ed periods enter zzzto fihe Contra.et so
awarded and provide the required CorLStruction Pcrfonnancc 13~ond, Constnlction Labor and Material Payment Bord,
insurance ceitificatcs, and all athcr endorsements, fom~s, and docuzz~ents requiz'ed under Aocuznent 00204 (Instnictions to
Bidders}, then this obligation shall be void, otbe~rwise to remain in frill farce and effect
1N VVTTI~iESS 'Wl'3EREOF, the above bo,.:nden ~iar~ies have executed this instrurnent this 25th day of
July .2005.
(Cozporate Sea).) CORDON N. BA , INC.
13y
Principal
A TY AND SURETY COMPANY OF AMERICA
Sum}~
(Cozporate Seal)
J'3y
' Daniel M. ~Connol ly, AttorncV in ra~ct
END OF DOCUIvfENT
City' of Cttper`ino x0411 - 1 Bond Accorzlpar'}~it~g )3 id
Mary' ~~vP Eire Ped 3rid~e.
?'h^se I
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Joaquin
On July 25, 2005 before me, Karen Bellam , Nota Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public)
personally appeared Daniel M. Connll
Name(s) of Signer(s)
®personally known to me OR ? proved to me on the basis
of satisfactory evidence to be the person{s3 whose namefs} is/aye
subscribed to the within instrument and acknowledge to me
that hey executed the same in hiss authorized
capacity(~es) and that by hisser-,~ei~ signature(-s~ on the
instrument the person{s} of the entity upon behalf of which
F'4
the person(s) acted. ~CA.REM BELL~iVIY
_o COMM. #1389093 r
WITNESS MY HAND AND OFFICIAL SEALt ~ ' _ . ~ NOTARY PUBLIC -CALIFORNIA ~
SAN JOAQU!N COUIJTY
~n I c,,,,~,F My Commission Expires Dec. 8, 20D6
Signature of Notary Public/
~~~~~~~~~~~~1^i'~~~r~r~~r~r~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~~~P~~~~~r~~~~v~~~~
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fradulent reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond Accompanying Bid
Document Date July 25, 2005 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Daniel M. Connolly Signer's Name:
? Individual ? Individual
? Corporate Officer ? Corporate Officer
Title(s): Title(s):
? Partner ? Limited ? General ? Partner ? Limited ? General
® Attorney-in-Fact ? Attorney-in-Fact
? Other: ? Other:
Signer is Representing: Signer is Representing:
Travelers Casualty and Surety
Company of America
LY WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARIYIINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of February, 2003.
' STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY'OF AMERICA
}SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FAR1Y11NGTON CASUALTY COMPANY
COUNTY OF HARTFORD
' yyxrur J"LtY ANp~ GASU,~~ .
a""! ~ ~ sr NARTFORD, ~ ~T~
HRRTFtl 1 9 8 2 o BY
~~CONN. 1~ CONN. 3° ~~~*~,ai George W. Thompson
i a d
' '"`~i ";',s'' b1 , ?~y * Senior Vice President
_ ,
On this 21st day of February, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being.by~nie duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
`AMERICA, TRAVELERS CASUALTY AND SURETY CONIl'ANY and FARMIl~TGTON CASUALTY ..COMPANY, the
corporations described in and' which executed the above, instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the_corporations by
authority of his/her office under-the Standing Resolutions thereof. .
' # ~31.1~ s'k
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned; Assistanf `Secretary ' of TRA.VEI:ERS CASUALTY AND SURETY COMPANY OF- A19IERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY Ghat the foregoing and attached Power of Attorney and Certificate of Authority
` remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 25th day of
July ~ 2Q 05, _
rJ"LTV ~Nps c~sL,~~~ _
a . ~ a N,oarFORO, ~ 19 8 2~' o By
~aoN~r A~~ y`b coNN. ya~~ ~byy~,a Kori M. Johanson
~ ~ 1 * " Assistant Secretary, Bond
IIUIPORTANT DISCLOSURE NOTICE OF TERRORISIM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage far
certain losses caused by international acts of terrarism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically}_ the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses far which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no mare than one percent of your premium.
Project No. OS-9449
DOCUMENT 00430
SUBCONTRACTORS LIST
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
Full Name of Subcontractor and Address Description of Work:
Reference To Bid Ite Subcontractor's License No.
of Mill or Sho ~D ~ ~ 3
D! i ~~~~~a'~C.lax~ F~nC.~ (P~-~ as
I
(Bidder to attach additional sheets if necessary)
END OF DOCUMENT
00430 - 1 Subcontractors List
City of Cupertino
Mary Ave Bike Ped Bridge Project
Phase I
J..f,
Project No. OS-9449
DOCUMENT 00460
SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS
The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials
specified below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that
the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the
Project unless review of submittal information or performance under tests reveals that the equipment or material does not
meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may render the
Bid non-responsive and may be the basis for rejection of the Bid.
Item Manufacturer or Supplier
l.f~.l 1
2. t 3 ~ ' V Je
Bidder: i~Y~( Y l ' ~ ~ ~ ! L
---r-
SIGNA^
~U
DATE
REVISED SHEET -ADDENDUM NO. 1
END OF DOCUMENT
City of Cupertino 00460 - 1 Schedule of Major Equipment and Material Suppliers
Mary Ave Bike Ped Bridge Project
Phase I
Project No. OS-9449
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVTT TO BE EXECUTED BY BIDDER AND SUBMITTED WfTH BID
STATE OF CALIFORNIA )
ss.
COUNTY OF ~ h fiYGt CG~-~
I b~ being first duly sworn, deposes and says that he or she is
S [ 'L ~ [Office of Affiant) of ~j (JYf.~ ~ f1 ~JlI, ~ (f (/j1( [Name of Bidder],
the party malting the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that 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, and that the Bidder has not in any warmer, directly or indirectly, sought by agreement, communication
or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of
the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in
the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly,
submitted its Bid price or any breakdown thereof, or the 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.
Executed under penalty of perjury under the laws of the State of California:
~d ~n ~1 ~ I ~ , f~-,~
(Name of Brdde )
(Signature o cipal)
Subscribed and sworn before me ~~~y'C~~ ~~''F'
This ~ day of G~~ , 20 DEBORAH PETERSEN ~
/z r ~MM. #1562677 00
Notary Public of the State of L l~L~-~-- ~?o7~n'PUSUC-cat~Opwp -p
C7 CONTRA COSTA COUNTY i
In and for the County of U ~!1 nny Gomm. E~ires March 22, Zoos
My Commission expires 3 Z Z O '7 (Seal)
(If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the
partnership or venture.)
(If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be
signed by the Chairman, President, or Vice Prec;riPm any t,.. +r,o ce,._....._. . _ . -
,~c>.
,
Y
DOCUMENT: 19095191 Pages 3
RECORDING REQUESTED BY I Fees * No Fees
Taxes...
City of Cupertino ~ Copies . .
AMT PAfD
WHEN RECORDED MAIL TO BRENDA DAV I S RDE # 008
SAN1A CLARA COUNTY RECORDER 9/07/2006
Clty Clerk's Office Recorded at the request of 1 1 ~ 05 AM
City of Cupertino C i ty
10300 Torre Avenue
Cupertino, CA 95014-3255
(:iPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
MARY AVENUE BICYCLE PEDESTRIAN BRIDGE, PHASE 1
PROJECT NO.OS-9449
:w "
~u
Original
~ For Fast Endorsement
City Hall
4~' t 10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OF (408) 777-3354
CUPEI~TINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTAr~CE OF COMPLETION
MARY AVENUE BICYCLE PELIESTRIAN BRIDGE, PHASE 1
PROJECT NO. OS-9449
NOTICE IS HEREBY GNEN THAT I, LZalph A. Qualls, Jr., Director of Public Works
and City Engineer of the City of Cupertino, C;~lifornia, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and Gordon N. Ball, Inc., oti August 17, 2005, in accordance with the plans
and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on May 16, 2006.
That said work and improvements consisted ~~f furnishing all labor, materials, tools, and
equipment required to complete said project, all as more particularly described in the plans and
specifications for said project.
~P~. CSC- C~c ~-c~~
} Director of Public Works and
City Engineer of the City of Cupertino
Date: May 18, 2006
Printed on Recycled Paper