07-059, Golden State Bridge, Inc.
CITY OF
II
Project No. 2005-9449
CUPERTINO
~~ CONTRACT
THIS ~~:t"" thh ~ day of j\/ t>'r4 .... 'o.e r ,2007, by and betwoe,
Golden State ., Inc. whose place of business is located at 901 Howe Road, Martinez, CA 94553
("Contractor"), 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.
DOCUMENT 00520
032707
WHEREAS, City, on the 20th day of November, 2007 awarded to Contractor the following Project:
PROJECT NUMBER 2005-9449
MARY A VENUE BICYCLE FOOTBRIDGE PROJECT
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 ofthe Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Terry Greene, 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 Swinerton Management & Consulting, Inc. , 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 iden2ty of the Construction Manager at any time with notice and without liability to Contractor.
2.3 City has designated HNTB Corporation to act as Consulting Structural Engineer and HNTB Corporation, to act
as Consulting Civil 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 addressees) as City shall
provide to Contractor.
City of Cupertino
Mary Ave. Bicycle Footbridge
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00520 - 1
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Project No. 2005-9449
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
Contractor shall be allowed to request a Notice to Proceed and initiate construction any time within 90 Calendar
days following the award of the Contract. Contractor may request a Conditional Notice to Proceed to order
long lead items any time within the flexible start period. City reserves the right to modify or alter the
Commencement Date of the Work.
Contractor shall achieve Final Completion within 450 Calendar Days from the date of Notice to Proceed,
excluding minor Punch List Items and Landscape Maintenance.
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract 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 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 delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Substantial Completion as specified above.
3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Final Completion of the entire Work as specified above.
3.2.3 Late Reopening of Lane Closures shall be in accordance with the Special Provisions. For each 10-
minute interval, or fraction thereof past the time specified to reopen the closure, the City will deduct per
interval, on behalf of Caltrans, the stated amount in the Special Provisions, from money due or that may
become due the Contractor.
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 for completion of Work in accordance with Contract Documents as
set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached
Article 5. Contractor's Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
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
City of Cupertino 00520 - 2 Contract
Mary Ave. Bicycle Footbridge
Re-Bid
5.1
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Project No. 2005-9449
furnishing of Work or which relate to any aspect ofthe 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, Hazardous Materials Surveys 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 Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code g4100 et seq. in document 00340 (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 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice ofIntent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
City of Cupertino 00520 - 3
Mary Ave. Bicycle Footbridge
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Project No. 2005-9449
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Addenda No.1
Special Provisions
Appendix A
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys 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 Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract 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 g4100 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. g 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 ofIndustrial Relations,
are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html 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.
Should any part, term or provision ofthis Contract 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,
City of Cupertino 00520 - 4 Contract
Mary Ave. Bicycle Footbridge
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7.7
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Project No. 2005-9449
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 Contract and the Contract Documents may be deemed valid
and binding contracts, 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 Contract 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.
7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the
Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and
Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget
(OMB) Circular A-870fthe Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable,
and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a
result ofthis contract.
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00520 - 5
Contract
j)..I~
Project No. 2005-9449
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
CITY:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
Attest:
~~~.
City Clerk: KImberly S h
ttorney: Charles Kilian
T herehy "t:;rtity, unclpr penalty ofperjuQ' th~t );}a'liePN.
KR81'P, Ci~ M8R8gilr SftRIl Cit~: Qf CYp'~J:tip" w"< clllly
'::allthr\14iZVQ ts 81CQQHt" HJ~b dOCtlrJ.18Rt QR 88Ralf ~f LlJ"" C;Ly-of
en"eR:ifl6 13y a JuajvJ:l] .ate aftht Ci1) CUUH~il VB.
N8\'ilHl.8ilf 29,2997
Dated: It. 2. C. . E> '1
51J~c
David W. Knapp, City Mana~e City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Name: Terry W. Greene, AlA
Title: City Architect
Address: 10300 Torre Ave., Cupertino, CA 95014
Phone: 408-777-3248
Facsimile: 408-777-3333
AMOUNT: $ 7,469,735.00
ACCOUTN NUMBER: 428-9449-9300
FILE NO.: 74,009.16
CONTRACTOR:
Golden State Bridge, Inc.
1:)""..1) ,21'C.' t \Crt-Lo
[Please print name here]
Title: ?((.t:~IOeNr
[If Corporation: Chairman, President, or Vice President]
~ t I ,,1 ~-
By:~ {~
[Signature]
DA\l1.0
I< ~c.c:.-, t t e u..o
[Please print name here]
Title: SeaeTA &;1..'(
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
t3>118' A, &1, HA"I..
State Contractor's License No. Classification
\'2..~\'O2>
Expiration Date
Taxpayer ID No.
Name: OAtJlP rZ i C-e..\. 'hello
Title: P {2.t:;~tD EN \'
KA~TI~6.~, cA
Address: '-to l i-\owG vz.OAV (1 "\SS3
Phone: (9 ZSJ 1.,2. - 5000
Facsimile: (12-s) ?;i]L.-(:JQO J
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORA nON SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00520 - 6
Contract
State of California
County ofCon+ra. rnstn
} 55.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On \ls> ~\Je.rfi~ '2fXff
David
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Prirltt'-'d NiHil\-' uf N<ltary F'ublil
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personally appeared
~ personally known to me - or -
o proved to me on the basis of satisfactory evidence:
I' form(s) of identification
n credible witness(es)
to be.).Qe perso~ whose nam~ar~bscribed to the within instrument and acknowlegg,ed to me
tha~she/they executed the same ir(bW/her/their authorized capacity~, and that bydilllher/their
signature~ on the instrument the perso~, or the entity upon behalf of which the personJs1' acted,
executed the instrument.
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WITNESS my hand and official seal.
~.I(JIlJtUIl:' ut Nutdl y Publl(
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
~r the purpose of RojQC.-t Numt:er '2a1J-A
~venue., 'B\cLf1e, ~[k:~e..QrQ-Y
containing lC\ pages, and dated _ll.o ~ve~be.r
Additional Slqner(sl LJ Slgner!s) ThurnbprrntlSI
The signer(s) capacity or authority is/are as:
D Individual(s)
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D Corporate Officer(s)
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D Partner - Limited/General
LJ Trustee(s)
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representi ng:
N;lrnc(<,) of PCI',orl(<,) or Ffltitylit''') C,lqflt'1 I" Rl::'prl:C"t'rltltllJ
(~I lopyrilJht 2U04 NotMY RntdlY, Inl Y25 29tll St" Dt's MOInE:'~, IA SU312 3b 12 FOI111 ALK02. 02/04 To rl_' ur,jer, call toll free 1 8-'7 ~/Ig 6')88 or ','ISlt liS on the Internet Jt http.;','www,thenotdry<,hop_1 orn
EXHIBIT A
Project No. 2005-9449
DOCUMENT 00400
BID FORM
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
Golden State Bridge, Inc.
(Firm/Company Name)
Re: PROJECT NUMBER 2005-9449, THE MARY A VENUE BICYCLE FOOTBRIDGE PROJECT
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of
Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), 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 lmd in accordance with all other terms and conditions of the Contract
Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to
do so will result in the bid being rejected as non-responsive.
2. Bidder accepts all of the terms and ~onditions of the Contract Docwnents, 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. Bidder has visited the Site and perfonned all tasks, research, investigation, reviews, examinations, and analysis
and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5.
4. 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.
5. Bidder attellded the non-mandatory Pre-Bid Meeting.
YES X
NO
6. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code,
are listed on the attached Document 00430 (Subcontractors List).
7. The undersigned Bidder understands that City reserves the right to reject this Bid.
8. lfwritten notice of the acceptance of this Bid, hereinafter refeITed 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 wiIl 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 (Contract), Document 00610 (Construction Performance Bond), and Document
00620 (Construction Labor and Material Payment Bond).
9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the
address set forth below on the signature page.
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
00400 - 1
Bid Fonn
7;V' ;t--
EXHIBIT A
Project No. 2005-9449
10. 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 furnished 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 of ten
percent (10%) of the total of Bid and made payable to the "City of Cupertino".
11. 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
(Contract). 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 detennined 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.
12. 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
(Contract) shall be as set forth in Document 00520 (Contract).
City of Cupel1ino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid FOIm
00400 - 2
7)./(6-
EXHIBIT A
Project No. 2005-9449
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items
are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested.
Please Note that time extensions will NOT be permitted with the acceptance of any or all of the Alternative Bid
Items listed below.
City of Cupel1ino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
"S" Identifies a Specialty Item on the Bid Form.
"F" Identifies a Final Pay Quantity on the Bid Fonn.
"P" Identifies an eligible Partial Pay Item on tile Bid Form.
ITEM F.P.S SPEC DESCRIPTION UNIT EST UNIT TOTAL
REF QTY PRICE
1 5-1.01 SURVEY VERIFICATION AND LS 1 30,000.00 30,000.00
CONSTRUCTION STAKING
2 10-1.014 PROJECT SCHEDULE (CRITICAL PATH LS 1 20,000.00 20,000.00
METHOD)
3 10-1.017 MOBILIZATION LS 1 750,000.00 750,000.00
4 10-1.020 MAINTAIN TRAFFIC LS 1 15,000.00 15,000.00
5 10-1.002 ADDITIONAL WATER POLLUTION LS 1 7,500.00 7,500.00
CONTROL
6 TRAFFIC MANAGEMENT PLAN - PUBLIC AL 1 $10,000.00 $10,000.00
INFORMATION
7 10-1.031 LEAD COMPLIANCE PLAN LS 1 4,000.00 4,000.00
8 10-1.002 PREPARE WATER POLLUTION CONTROL LS 1 2,000.00 2,000.00
PROGRAM
9 10-1.003 CONSTRUCTION SITE MANAGEMENT LS 1 20,000.00 20,000.00
10 10-1.004 STREET SWEEPING LS 1 15,500.00 15,500.00
11 10-1.005 TEMPORARY COVER SF 2,150 2.00 4,300.00
12 10-1.006 TEMPORARY CONCRETE WASHOUT EA 2 4,000.00 8,000.00
(PORTABLE)
13 10-1.007 TEMPORARY CHECK DAM LF 150 75.00 11,250.00
14 10-1.008 TEMPORARY FIBER ROLL LF 980 5.00 4,900.00
15 10-1.009 TEMPORARY SILT FENCE LF 200 6.00 1,200.00
16 10-1.012 TEMPORARY CONSTRUCTION EA 2 2,500.00 5,000.00
ENTRANCE
17 10-1.013 TEMPORARY DRAINAGE INLET EA 2 400.00 800.00
PROTECTION
18 10-1.019 CONSTRUCTION AREA SIGNS LS 1 15,000.00 15,000.00
19 10-1.020 TRAFFIC CONTROL SYSTEM LS 1 125,000.00 125,000.00
20 10-1.023 TEMPORARY TRAFFIC STRIPE (PAINT) LF 943 3.00 2,829.00
21 10-1.023 TEMPORARY PAVEMENT MARKER EA 17 15.00 255.00
22 10-1.024 PORTABLE CHANGEABLE MESSAGE LS 1 27,500.00 27,500.00
SIGN
23 10-1.025 TEMPORARY RAILING (TYPE K) LF 1,710 55.00 94,050:00
24 10-1.026 CHANNELlZERS (SURFACE MOUNTED) EA 59 75.00 4,425.00
25 10-1.027 TEMPORARY CRASH CUSHION MODULE EA 91 225.00 20,475.00
26 10-1.028 REMOVE YELLOW THERMOPLASTIC LF 365 5.00 1,825.00
TRAFFIC STRIPE
27 10-1.028 REMOVE PAVEMENT MARKER EA 65 2.00 130.00
28 10-1.028 RESET CHAIN LINK GATE EA 1 1,200.00 1,200.00
29 10-1.028 RELOCATE ELECTROLlER EA 1 4,500.00 4,500.00
30 10-1.028 REMOVE BASE AND SURFACING SF 190 30.00 5,700.00
Bid Fonn
00400 - 3
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EXHIBIT A
Project No. 2005-9449
ITEM F-P-S SPEC DESCRIPTION UNIT EST UNIT TOTAL
REF CTY PRICE
31 10-1.028 REMOVE EXISTING TREES EA 3 2,500.00 7,500.00
32 10-1.028 REMOVE AC DIKE LF 15 15.00 225.00
33 10-1.028 REMOVE CHAIN LINK FENCE LF 180 12.00 2,160.00
34 10-1.028 REMOVE ASPHALT CONCRETE SF 1,841 8.00 14,728.00
35 10-1.028 REMOVE TRAFFIC STRIPE LF 764 2.00 1,528.00
36 10-1.028 REMOVE CONCRETE CURB LF 149 5.00 745.00
37 10-1.028 REMOVE SIGN EA 4 300.00 1,200.00
38 10-1.028 REMOVE CONCRETE (CURB AND LF 194 14.00 2,716.00
GUTTER)
39 10-1.028 REMOVE CONCRETE SIDEWALK SF 470 2.00 940.00
40 10-1.028 REMOVE COBBLESTONE MEDIAN CY 13 650.00 8,450.00
41 10-1.028 REMOVE CL GATE EA 1 400.00 400.00
42 10-1.028 SALVAGE ELECTROLlER EA 1 3,500.00 3,500.00
43 10-1.029 CLEARING AND GRUBBING LS 1 20,000.00 20,000.00
44 10-1.030 RESET EXISTING DITCH LF 125 124.00 15,500.00
45 10-1.030 NATIVE MATERIAL AT TOWER BASE CY 30 120.00 3,600.00
46 10-1.030 ROADWAY EXCAVATION CY 587 40.00 23,480.00
47 10-1.030 EMBANKMENT CY 286 60.00 17,160.00
48 10-1.030 BIOSWALE LF 160 22.00 3,520.00
49 10-1.032 AGGREGATE BASE CY 330 100.00 33,000.00
50 10-1.033 ASPHALT CONCRETE (TYPE A) TON 366 100.00 36,600.00
51 10-1.034 16" (400 MM) CAST-IN-DRILLED-HOLE LF 99 350.00 34,650.00
CONCRETE PILING (SOUND WALL)
52 10-1.034 30" (760 MM) CAST-IN-DRILLED-HOLE LF 50 450.00 22,500.00
CONCRETE PILING (SOUND WALL)
53 10-1.028 REMOVE SOUND WALL SF 2,244 15.00 33,660.00
54 10-1.038 SOUND WALL (MASONRY BLOCK) SF 2,075 45.00 93,325.00
55 10-1.044 ROADSIDE SIGN - ONE POST EA 10 400.00 4,000.00
56 10-1.049 PAINT EXISTING PRIVACY SCREENING LF BOO 35.00 28,000.00
FENCE AND BLOCK WALL (2-COATS)
57 10-1.050 12" (300 MM) RCP (STORM DRAIN) LF 20 180.00 3,600.00
58 10-1 .050 STORM DRAIN MANHOLE EA 1 15,000.00 ' 15,000.00
59 10-1.050 DRAINAGE INLET EA 1 4,500.00 4,500.00
60 10-1.053 MISCLLANEOUS CONCRETE CY 50 1,400.00 70,000.00
CONSTRUCTION
61 10-1.054 CHAIN LINK FENCE (TYPE CL-6 [CL-1.B], LF 463 30.00 13,890.00
VINYL CLAD)
62 10-1.054 CHAIN LINK FENCE GATE (TYPE CL-4 EA 1 3,000.00 3,000.00
[CL-1.2], VINYL CLAD)
63 10-1.054 CHAIN LINK FENCE (TYPE CL-4 [CL-1.2], LF 640 25.00 16,000.00
VINYL CLAD)
64 10-1.054 10 FT (3.0 M) CHAIN LINK GATE (TYPE EA 2 2,000.00 4,000.00
CL-6 [CL-1.8il .
65 10-1.055 WOOD FENCE TRELLIS LF 65 50.00 3,250.00
66 10-1.057 MESH FENCE ON GRADE BEAM LF 124 30.00 3,720.00
67 10-1.060 THERMOPLASTIC PAVEMENT MARKING SF 607 B.OO 4,856.00
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid Fonn
00400 - 4
7).1 ;t--
EXHIBIT A
Project No. 2005-9449
ITEM F-P-S SPEC DESCRIPTION UNIT EST UNIT TOTAL
REF OTY PRICE
68 10-1.061 THERMOPLASTIC TRAFFIC STRIPE LF 2,851 3.00 8,553.00
(SPRAYABLE)
69 10-1.062 4" (100 mm) DASHED YELLOW PAINT LF 1,554 3.00 4,662.00
70 10-1.062 4" (100 mm) SOLID YELLOW PAINT LF 56 4.00 224.00
71 10-1.063 PAVEMENT MARKER EA 25 8.00 200.00
(RETROREFLECTIVE)
72 10-1.064 BOLLARD EA 2 600.00 1,200.00
73 10-1.052 COBBLESTONE PAVING SF 738 22.00 16,236.00
74 10.1-028 REMOVE BARRICADE EA 1 100.00 100.00
75 10-2.04 PROTECT TREES EA 15 100.00 1,500.00
76 10-3.02 TOWER LIGHTING - SERVICE EA 1 15,000.00 15,000.00
77 10-3.02 PATH LIGHTING LS 1 '?4>f7'~ DC>> ,01> ::'190 "t:-I.?O .n:;,
78 10-1.051 DECOMPOSED GRANITE SURFACING TON 40 220.00 8,800.00
79 10-2.02 TOPSOIL 5" CY 1,560 50.00 78,000.00
80 10-2.02 COMPOST 2" CY 625 65.00 40,625.00
81 10-2.02 WOOD CHIP MULCH 1" CY 310 55.00 17,050.00
82 10-2.02 FERTILIZER LS 1 2,500.00 2,500.00
83 10-2.02 MYCCHORIZAE LS 1 5,000.00 5,000.00
84 10-2.02 CHIPPED BARK ACCESS ROAD LS 1 5,000.00 5,000.00
85 10-2.02 TREES-OAK 48" BOX EA 4 2,500.00 10,000.00
86 10-2.02 TREES-OAK WHIPS (36" HT.) EA 33 200.00 6,600.00
87 10-2.02 NATIVE GRASS AND WILDFLOWER SF 113,500 0.20 22,700.00
SEEDING (SEED MIXES)
88 10-2.02 NATIVE GRASS PLUGS EA 28,026 1.00 28,026.00
89 10-2.04 HIGHWAY PLANTING AND IRRIGATION- LS 1 14,000.00 14,000.00
CAL TRANS
90 10-2.07 PLANT ESTABLISHMENT PERIOD LS 1 45,000.00 45,000.00
91 F 10-3.02 BRIDGE LIGHTING (ILLUMINATED PIPE LF 1,084 200,0'0 3b ">,9l.P ,00
RAIl)
92 F 10-1.030 STRUCTURE EXCAVATION (BRIDGE) CY 500 150.00 75,000.00
93 F 10-1.030 STRUCTURE BACKFILL (BRIDGE) CY 210 75.00 15,750.00
94 F 10-1.034 3'-0' CAST-IN-DRILLED-HOLE CONCRETE LF 943 300.00 282,900.00
PILING
95 F 10-1.035 STRUCTURAL CONCRETE, BRIDGE CY 254 575.00 146,050.00
FOOTINGS
96 F 10-1.035 STRUCTURAL CONCRETE, BRIDGE CY 42 900.00 37,800.00
PEDESTALSI\AIALLS
97 F 10-1.035 STRUCTURAL CONCRETE, BRIDGE CY 25 3,000.00 75,000.00
DECK - CAST-IN-PLACE
98 F 10-1.035 STRUCTURAL CONRETE, BRIDGE DECK CY 153 1,800.00 275,400.00
- PRECAST DECK UNITS
99 F 10-1.035 STRUCTURALCONCRETE,APPROACH CY 29 1,400.00 40,600.00
SLAB
100 FP 10-1.039 BAR REINFORCING STEEL, CIDH LB 80,400 1.00 80,400.00
CONCRETE PILING
101 FP 10-1.039 BAR REINFORCING STEEL, FOOTINGS LB 66,000 0.55 36,300.00
102 FP 10-1.039 BAR REINFORCING STEEL, LB 11,200 1.25 14,000.00
SUBSTRUCTURE
103 FP 10-1.039 BAR REINFORCING STEEL, BRIDGE LB 51,900 1.25 64,875.00
DECK
City of Cupeltino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid FOIm
00400 - 5
~fL<:-
EXHIBIT A
Project No. 2005-9449
ITEM F-P-S SPEC DESCRIPTION UNIT EST UNIT TOTAL
REF QTY PRICE
104 FP 10-1.039 BAR REINFORCING STEEL, APPROACH LB 6,000 1.00 6,000.00
SLAB
105 F 10-1.043 TIE DOWN ANCHOR - POST-TENSIONED LB 12,100 6.00 72,600.00
BAR TENDONS, 2 %" DIA.
106 F 10-1.043 TIE DOWN ANCHOR - POST-TENSIONED LB 2,900 9.00 26,100.00
BAR TENDONS, 1 3/8" DIA.
107 FP 10-1.043 STRUCTURAL STEEL (BRIDGE TOWERS) LB 258,000 4..6$ 1,1'&1."\, let>. tf'.f
108 FP 10-1.043 STRUCTURAL STEEL (BRIDGE LB 214,000 4,00 e.5"b;DOO.."O
SUPERSTRUCTURE)
109 FPS 10-1.042 STAY CABLE - GALVANIZED LF 4,200 80.00 336,000.00
STRUCTURAL STRAND, 1 )1," DIA
110 FP 10-1.057 BRIDGE RAILING LF 1,084 285.00 308,000.00
111 10-1.048 BRIDGE COATING (GRAFITTI LS 1 18,000.00 18,000.00
PROTECTION) (TOWERS)
112 10-1.048 BRIDGE COATING (GRAFITTI LS 1 35,000.00 35,000.00
PROTECTION) (EDGE GIRDERS)
113 10-1.048 BRIDGE COATING (GRAFITTI LS 1 12,000.00 12,000.00
PROTECTION) (CONCRETE)
114 FPS 10-1.037 ELASTOMERIC BEARINGS EA 4 6,000.00 24,000.00
115 P JOINT SEAL (TYPE B) LF 81 45.00 3,645.00
116 10-1.063 PAVEMENT MARKER (NON-REFLECTIVE) EA 25 10.00 250.00
117 10-1.058 METAL BEAM GUARD RAILING (WOOD LF 63 60.00 3,780.00
POST) --
118 10-1.058 TERMINAL SYSTEM (TYPE SRT) EA 1 4,000.00 4,000.00
119 1 0-1 .058 ALTERNATIVE FLARED TERMINAL EA 1 3,500.00 3,500.00
SYSTEM
120 10-3,02 TOWER LIGHTING LS 1 55,}:JOD,d.:J S~(?&>Or ex.>
ALLOWANCES
121 PERMITS AL 1 $10,000.00 $10,000.00
122 COMMUNITY OUTREACH AL 1 $10,000.00 $10,000.00
123 OWNER'S/CM'S SITE TRAILER AL 1 $145,000.00 $145,000.00
124 TEMPORARY CONSTRUCTION FENCE AL 1 $10,000.00 $10,000.00
125 UNFORESEEN UTILITY RELOCATION AL 1 $20,000.00 $20,000.00
126 FURNISH & INSTALL SIGNS AL 1 $75,000.00 $75,000.00
127 TRAIL FIXTURES, FURNISHINGS, AND AL 1 $10,000.00 $10,000.00
EQUIPMENT (TRAIL FFE)
128 ARTLANDSCAPE/HARDSCAPE AL 1 $60,000.00 $60,000.00
129 10-4.01 LANDSCAPE BOULDERS AL 1 $15,000.00 $15,000.00
130 CONSTRUCTION SAFETY CAMERA AL 1 $30,000.00 $30,000.00
131 INSTALL CCTV CAMERA AL 1 $150,000.00 $150,000.00
132 ASBESTOS COMPLIANCE PLAN AL 1 $5,000.00 $5,000.00
TOTAL BID PRICE 4 7 3 2.'~L Qo.3>.. 00
..
Total Bid Price:
5~vEtJ Mi~.?(~ J' -rl-li~~J;.. ~Nl>1ZeO Tv-J'6:('oJ,\'\f N/Nt!f~-rr1.wIJ:JM c> r Ntt-Jc.Jlvt-!J.,RC..P <ft;fR.(ffG t?",,~
r . I
(Words)
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid Fonll
00400 - 6
~ /k:::
EXHIBIT A
Project No. 2005-9449
SCHEDULE OF ALTERNATES
ALTERNATES
ITEM F-P-S SPEC DESCRIPTION UNIT ESTIMATED UNIT TOTAL
REF QUANTITY PRICE
1 10-04.01 PCC PATH - MINOR CONCRETE CY 180 ~ ~
(MISCELLANEOUS CONSTRUCTION) -e; t:J/?,-o0 ~l~zt> crO::Jv
2 10-04.01 SHRUB-MANZANITA (1 GALLON) EA 79 42.00 3,318.00
3 10-04.01 SHRUB-COFFEEBERRY (1 GALLON) EA 11 42.00 462.00
4 10-04.01 SHRUB-BLACK SAGE (1 GALLON) EA 43 42.00 1,806.00
5 10-04.01 SHRUB-MOUNTAIN DESERT SAGE (1 EA 19 42.00 798.00
GALLON)
6 10-04.01 SHRUB-TOYON (1 GALLON) EA 32 42.00 1,344.00
7 10-04.01 SHRUB-YELLOW GOOSEBERRY (1 EA 54 42.00 2,268.00
GALLON)
8 10-04.01 SHRUB-CALIFORNIA SAGE (1 GALLON) EA 43 42.00 1,806.00
9 10-04.01 SHRUB-LEMONADE BERRY (1 GALLON) EA 36 42.00 1,512.00
10 10-04.01 SHRUB-FLANNEL BUSH (1 GALLON) EA 29 42.00 1,218.00
11 10-04.01 SHRUB-CEANOTHUS 'YANKEE POINT' (1 EA 51 42.00 2,142.00
GALLON)
12 10-04.01 SHRUB-ASHLEAF BUCKWHEAT (1 EA 50 42.00 2,100.00
GALLON)
13 10-04.01 SHRUB-CLIFF BUCKWHEAT (1 GALLON) EA 49 42.00 2,058.00
14 10-04.01 TRASH RECEPTACLE EA 2 1,500.00 3,000.00
15 10-04.01 BENCH EA 2 1,500.00 3,000.00
16 10-04.01 CUSTOM SHELTER EA 1 23,000.00 23,000.00
TOTAL AL TERNA TES \R. Jf ~'l f/>J2..."O
~Z26,BJ2.eB-
i:R
Total Alternates: Than ~~~~ ~
..<":' (Words) ."\ :-r.
.&,.JI2:.~1JN\:)R.~v~fkI,rr:..V"1 NI-i--JL ~\J>r'ln~C> :EZ:.I',{;.-\r\.T \rNN~~ tW\i!.\-"'/ N
Unit Leqend POl..L.AR.
LS = Lump Sum
EA = Each
LF = Linear Feet
TON = Ton or 2,000 Pounds
CY = Cubic Yards
LB = Pounds
AL = Allowance
SF = Square Feet
City of Cupe11ino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid Form
00400 - 7
-W~
EXHIBIT A
Project No. 2005-9449
ACKNOLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No.
1
Addendum Date
October 31, 2007
Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract
Documents for the sums of money listed in this Bid Form.
NAME OF BIDDER: Golden State Bridge, Inc.
licensed in accordance with an act for the registration of Contractors, and with license number: 851187
Expiration Date: 12-31-2008
Califomia
Where incorporated, if applicable: California
David Riccitiello, Ann Talbot, Paul Lukaszewicz,
Will Reames
Principals
I certify ( or declare) under penalty of peljury under the laws of the State of Ca . omia that the foregoing is true
and correct. _~ oJ
Signature of Bidder
NOTE: If Bidder is a corporation, set forth the legal name ofthe corporation, state where incorporated, 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:
Golden State Bridge, Inc. a Calif. Corp.
901 Howe Road
Mmiinez, CA 94553
Officers authorized to sign contracts:
David Riccitiello - President / Secretary
Ann Talbot - Treasurer
Paul Lukaszewicz - VP
Telephone Number(s):
(925) 372-8000
Fax Number(s):
(925) 372-8001
E-Mail Address:
dave@gsbridge.com
END OF DOCUMENT
City of Cupeliino
Mary Ave. Bicycle Footbridge
Re-Bid, Addendum No.1
Bid Fonn
00400 - 8
~k-
EXHIBIT A
Project No. 2005-9449
DOCUMENT 00430
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
SUBCONTRACTORS LIST
Full Name of Subcontractor and Address
Description of Work:
Reference To Bid Items
Subcontractor's License No.
Eeo LOq I U\L..- L6V\ce ('fiSt r~c /"IAJ.~A~~~Z"'\TtMV-'r(6
IN L(I'?t-~ ~'r. \~VV< ,-,
$ N--J l'A. C:;l1..\,);e" c!A Cj 0;,.- CkO A-q- f1b1.<<S 2.. 7*tu I ~
W~~l? 5A/-\.\J ~ S
355 5; J ~c;,C? e:-
L\ 1/ }t.cj2.,M.oR..e- C-Pr
5c;:,HiAJI"flC~ DPriJl > ( INC.
Iqe H /l.ts;. DAlL A 116 .
5,AN ;::rose, CA. Cj 513-(,,;,.
77B3Cl7
~1,o.jfO,ec.lyl\9 >'1e:EL. F.!/T...
IT$^-( >- 5'11 5'Z, 5 q.. ) luo Tt\o'l..L<l \Olf 01\5 t) 3 S
5TA'i C.A I; L-~ - W>A..vt\lO.ti ~ ::f.vS'P\1t I..fq ZSS7.
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City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
. r::':i, ,il. ;,;(1,:1 ~(
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I
5o\.Nill /.J...JV:..i..l- (t-V<&O'^-~\ t?>Lodc.
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Co I D ~ P \LZ.5 Z5"lB~7
ll~w'h<;' S"lt 52/i '-l, (f>w-~"" ')
r:'il5:i.-D P/l.\~'i\W1 {~rr,:fu C.aAnvc
ire~ {01dDBIIH, 1t2tl/3 Cri-V''t\vA) "5,(,4 7D Z-
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lTb,"~ Z\("1~/4-\1 l,. \\b'Z.ib~,htt:,(.,~ 7-t...<9 ~,~
(?uV'h~J ./
(Bidder to attach additional sheets if necessary)
END OF DOCUMENT
(,::>~ IV exr pAS6 fW
1/'Ao~ ) v ~~ :)
00430 - 1
Subcontractors List
M~
EXHIBIT A
Project No. 2005-9449
DOCUMENT 00430
SUBCONTRACTORS LIST -- C ,> V\ nV\.~J
Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract.
17\2-
1<-le-tO....
$551 WI(...r.W~ AtJE.
Po N'(1 oct! CA '1'i5"c1
1?,~(<.y .:r:;S~'l.. ~(..ec-.~.
~G,.>q .5~ t'M>LO M t:-
'E~~~ tfA. .q~'&u
F='<WLA.h~t-t ~T b>CUt- ~N-6U
l R~ tqg - e G-l"t\CAA
~s - 'V\)4z. 7"- 11 q \
"I I I
1"2-.0 { ~ P=\"--\"l"~
(Bidder to attach additional sheets if necessary)
City of Cupertino
Mary Ave. Bicycle Footbridge
Re.Bid
END OF DOCUMENT
00430 - ]
~, '-t'33 \ 1 ~
4~\A4k
Subcontractors List
W/l- '
EXHIBIT A
Project No. 2005-9449
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE ~7106
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WIlli BID
STATE OF CALIFORNIA )
COUNTY OF ~n+n\ ~f)StaJ ss.
b~v t 0 ~\. <....C '- D. e.ll 0 , being fIrst duly swol}1, deposes and says tl1iit /h.l er she is
l~ g ( O\:'f'I'-J'\ [Office of Affiant] of bo.,...{)G")0 s,1'A-\E'" V~f1q.t'\lName of
Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; 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 manner, directly or indirectly, sought by
contract, 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 Cupeltino, 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 infonuation 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:
60 Lj)/570 s'i)4.-ffi /~ rl t(~ I .:{Ivt.
~fBidd~;> 1\ _
~ (I ~ ----.. .- // ,reS I pc NT
(Signature of Principal)
Subscribed and sworn before me \(.\ \)\ \. L. \-\(\,vtyy\i\X, y\
This ~ day of N.cl\) ernb~C 2007
Notary P.m1io ofth, St'~~f ~\*
In and for the County of\.DJ:Jt _
My Commission expires - . 1'3. (Seal)
~ ~ ;;M~.AAR~N- - r
Commission # 1552490 r
Notarv Public. California ~
Contra Costa County
My Comm. ExpIres Feb 13.200
(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 President and by the Secretary, Assistant Secretary, Chief
Financial Officer, or Assistant Treasurer.)
(If Bidder's affidavit on this fornl is made outside the State of California, the official position of the person
taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00481 - 1
Non-Collusion Affidavit
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State of California
County of CY>ffim. Cbs\a
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On
\3 "-b\lem\;;el~foreme, tJm L .~~CW1VY1:~Vl()
Printed Name of Notary Public
Qje(." +- \1~QumeIS) o[Signer(s)
Date
personally appeared .t8v \ d
~ personally known to me -or-
D proved to me on the basis of satisfactory evidence:
o form(s) of identification
o credible witness(es) .
to b~e persony) whose name~)@are~Scribed to the within instrument and acknowle~d to me
tha't(b.W!he they executed the same inChislber/their authorized capacity~ and that by~er/their
signature on the instrument the person~, or the entity upon behalf of which the perso~ acted,
execute the instrument.
WITNESS my hand and official seal.
r----::~=----f
_8 ~~.90
I Nclby fIutlIC . CaItomia j
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(Seal)
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The signer(s) capacity or authority is/are as: ~
o Individual(s) ~
~
~ 0 Attorney-in-Fact i
~.'_.. ~
, 0 Corporate Officer(s) ~
~ Tltlels) ~
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I 0 Guardian/Conservator I
~ 0 Partner - limited/General i
I 0 Trustee(s) ~
j ~
~ 0 Other: ~
~ i
\ representi ng: ~
! Name(s) of Pcrson(s) O( Entit)'Oes) Signer Is' Representing !
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';} II 'i;.,')[J)1'.~(JI'.O'J/,]I',WJl',.C:;\J1l~(J;~~J".'O'.;)tJl ~j,I!I{lI"\'''O:I~)''J',l,'.~~j~'.~01;')''ll,j'',:J(jJl'.'.orf.D''l''j";~OJ1!.\OI::l1rJlt;l".~'O)l'...O'I~)'UI).'i')D.ll!lm:.)\,lum~()] 1\',(I:;,)'fllli~;!)"ll'''lI'';,:I''I~i I'~O, \....O:I.)'uu;.,..Jdil.,.OII").JJ/J(I:JlIJ1.,' t:"U)'Jln;'.!illn'.'OI")'J'I;",~ll\'.U~J~).Jr;};;~i01WOIl'O'L11M!ID!\."'.Q1II}'lI!l";')(JJl"~O'U)'fl'rlo"':>lI;""ll"'~~
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
T re,ceding Certificate of Acknowledgment i.s attactd to a docur:nent
titled for the purpose of ~~...r...o \ \L5tDn :\tdOV 1 t-
Lllo \i (:,/' OV\-rrClc. -\-. r cx1e. ; L \~
\ pages, and dated \3~. IJJXJr
o Additional Signer(s)
OOlher
o Signer(s) Thumbprint(s)
containing
Cl COPYright 2004 Notary Rotary. Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK01. 02/04. To re-order; call toll.free 1-877-349-6588 or visIt us on the Internet at http://www.thenotaryshop.com
CITY OF
II
Project No. 2005-9449
DOCUMENT 00630
CUPERTINO
GUARANTY
TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of
THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
CUPERTINO, CALIFORNIA
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment
incorporated therein.
Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period
specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including,
without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in
connection with the Work.
Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of
Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or
responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any
damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final
Acceptance.
If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or
regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly,
without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall
remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or
remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly
comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage,
City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all
claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to
correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies
granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though
equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and
estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work
found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the
guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract
Documents, including, without means oflimitation, Section 00700 (General Conditions).
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and
not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to
Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or
inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract
Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the
Contractor. 5
GDt-Of,,) rAre g/l.&l>(,6, ;f.IJ'
Contractor's Name ,")
'\0& He> IDe ~-' p
Address
MA,.r".Je~, CA <1 ~"S..3
City/State/Zip
b'1
~ ~ . l'jl.~SIJ'e-"T
It-U.-01
Date
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
END OF DOCUMENT
00630 - I
Guaranty
CITY OF
II
Project No. 2005-9449
Bond No. 6514480
CUPERTINO
DOCUMENT 00610
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated , is in the penal sum of
Seven Million, Four Hundred Sixty Nine Thousand Seven Hundred Thirty Five Dollars ($7,469,735.00)
[which is one hundred percent of the Contract Price],
and is entered into by and between the parties listed below to ensure the faithful performance of the Construction
Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12,
attached to this page. Any singular reference to Golden State Bridge Inc ("Contractor"),
Safeco Insurance Company of America ("Surety"), the City of Cupertino, a Municipal Corporation of the
State of California ("City") or other party shall be considered plural where applicable.
CONTRACTOR:
Golden State Bridge, Inc.
Name
901 Howe Road
Address
Martinez, CA 94553
City/State/Zip
SURETY:
Safeco Insurance Company of America
Name
Safeco Plaza
Principal Place of Business
Seattle, WA 98185
City/State/Zip
CONSTRUCTION CONTRACT:
THE MARY A VENUE BICYCLE FOOTBRIGE PROJECT
PROJECT NUMBER 2005-9449
at Cupertino, California.
DA TED I t - I {...
Golden State Bridge, Inc.
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:~ ~
Name and Title: DAvl 0 12'"1 t.E't.L.O
Pttes t De-~T
,20{)'>7 in the Amount of$ 7,469,735.00
(the "Penal Sum")
SURETY Safeco Insurance Company of America
Company: (Co. al)
Signature:
~
Name and Title:
L. Tolentino, Attorney-in-Fact
BOND TERMS AND CONDITIONS
1 . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to City for the complete and proper performance of the Construction Contract, which is
incorporated herein by reference.
2. If Contractor completely and properly perfonns all of its obligations under the Construction Contract, Surety
and Contractor shall have no obligation under this Bond.
3. rfthere is no City Default, Surety's obligation under this Bond shall arise after:
3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the
Construction Contract; and
3.2 City has agreed to pay the Balance of the Contract Sum:
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
Construction Performance Bond
00610 - 1
STATE OF CALIFORNIA
}~
COUNTY OF SAN FRANCISCO
On
NOVEMBER 15, 2007
. before me, JANET C. ROJO, NOTARY PUBLIC
PERSONALLY APPEARED
BETTY L. TOLENTINO
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/their 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.
OPTIONAL
This area for Offidal NotMial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
D PARTNER(S)
o LIMITED
o GENERAL
!Xl ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
ID-081 Rev. 6/94
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
Project No. 2005-9449
3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms ofthis
Bond and the Construction Contract.
4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's
expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but
City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2,
4.3 or 4.4, below); or
4.2 Undertake to perform and complete the Construction Contract itself. through its agents or through
independent contractors; provided, that Surety may not select Contractor as its agent or independent
contractor without City's consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified
contractors acceptable to City for a contract for performance and completion of the Construction
Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be
prepared for execution by City and the contractor selected with City's concurrence, to be secured with
performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of
the Contract Sum, then Surety shall pay to City the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances, and, after investigation and consultation with City,
determine in good faith its monetary obligation to City under paragraph 6, below, for the performance
and completion of the Construction Contract and, as soon as practicable after the amoWlt is determined,
tender payment therefor to City with full explanation of the payment's calculation. If City accepts
Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then
unknown or Wlliquidated resulting from the Contractor Default. If City disputes the amount of Surety's
tender Wlder this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's
liability Wlder paragraph 6, below.
5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on
this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety
perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to
City at law or under the Construction Contract including, without limitation, and by way of example only, rights
to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or
coordinate work with other consultants or contractors.
6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the
Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits,
Surety's obligations under this Bond are commensurate with the obligations of Contractor Wlder the
Construction Contract. Surety's obligations shall include, but are not limited to:
6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction
Contract and correction of defective work;
6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for
damages for which no liquidated damages are specified in the Construction Contract, actual damages
caused by non-performance of the Construction Contract including, but not limited to, all valid and
proper backcharges, offsets, payments, indemnities, or other damages;
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00610 - 2
Construction Performance Bond
Project No 2005-9449
6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from
the actions or failure to act of the Surety under paragraph 4, above (but excluding anomey's fees incurred
to enforce this Bond).
7. No right of action shall accrue on this Bond to any person or entity other than Cit~y or its successors or assigns.
8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related
subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of
the ConstrUction Contract, including provisions on changes to the Contract. No eJ..lension of time, change,
alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder,
shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.
9. A..ny proceeding, legal or equitable, under this Bond shall be instiruted in any court of competent jurisdiction
where a proceeding is pending between City and Contractor regarding the Construction Contract or in the
courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is
located- Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the
necessary contracts under paragraph 32 of this Bond unless eJ..]>ressly stated otherwise.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of
this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract).
Actual receipt of notice by Surety, City or ContractoL however accomplished- shall be sufficient compliance as
of the date received at the foregoing addresses
II. A..ny provision in this Bond conflicting >nth any statutory or regulatory requirement shall be deemed deleted
herefrom and provisions conforming to such staunory requirement shall be deemed incorporated herein.
12. Definitions.
12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the
Construction Contract after all proper adjustments have been made under the ConstruC!:lon Contract for
example, deductions for progress payments made, and increases'decreases for approved modifications to
the ConstrUction Contract.
12.2 Construction Contract: The contract between CIty and Contractor identrfied on the signature page oftbis
Bonet including all Contract Documents and changes thereto.
12.3 Contractor Default: Material failure of ContractoL which has neither been remedied nor waived- to
perform or otherwise to comply 'with the terms of the Construction Contract including, but not lrrnited to,
"default" or any other condition allowing a termination for cause as provided in Document 00700
(General Conditions).
12.4 City Default: Material failure of Cny, which has neither been remedied nor WaIved, to pay Contractor
progress payments due under the Construction Contract or to perform other material terms of the
Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to
justify Contractor termination of the ConstrUction Contract.
END OF DOCUME1'-."!J"
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
Construction Performance Bond
0061 0 - 3
CITY OF
II
Project No. 2005-9449
bond No. 6514480
CUPERTINO
DOCUMENT 00620
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated , is in the
penal sum of
Seven Million, Four Hundred Sixty Nine Thousand, Seven Hundred Thirty Five Dollars ----- [one
hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment
of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and
Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to
Golden State Bridge Inc CContractor"), Safeco Insurance Company of America
("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be
considered plural where applicable.
CONTRACTOR:
Golden State Bridge, Inc.
Name
901 Howe Road
Address
Martinez, CA 94553
City/State/Zip
SURETY:
Safeco Insurance Company of America
Name
Safeco Plaza
Principal Place of Business
Seattle, WA 98185
City/State/Zip
CONSTRUCTION CONTRACT:
THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
PROJECT NUMBER 2005-9449
at Cupertino, California.
DATED I ~- Iiv'
Golden State Bridge, Inc.
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:~ ~
Name and Title: DAII Ii) I2.Ic.c:.~-tleu..o
pr,2.~LOe.IJT
, 20iiL in the Amount of$ 7,469,735.00
(the "Penal Sum")
SURETY Safeco Insurance Company of America
Company: (Co . eal)
Signature:
~
Name and Title:
L. Tolentino, Attorney-in-Fact
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein by reference.
2. With respect to City, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and
2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or
entity who furnished labor, materials or equipment for use in the performance of the Construction
Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the
signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default.
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00620 - 1
Construction Labor and Material
Payment Bond
COUNTY OF SAN FRANCISCO
}~
STATE OF CALIFORNIA
On
NOVEMBER 15, 2007
. before me, JANET C. ROJO, NOTARY PUBLIC
PERSONALLY APPEARED
BETTY L. TOLENTINO
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/their 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.
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATIACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
o GENERAL
lXJ ATIORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI1Y(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94
ALL-PURPOSE ACKNOWLEDGEMENT
Project No. 2005-9449
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly
or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors,
however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development Department
from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit
is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court.
4. Consistent with the California Mechanic's Lien Law, Civil Code g3082, et seq., Surety shall have no obligation
to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements.
5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by Surety under this Bond.
6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under
any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this
Bond.
7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be
performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying
the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of
notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or
to the Work or to the Specifications or any other changes.
9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant
has furnished the last of the labor or materials, or both, but, per Civil Code g3249, must be commenced before
the expiration of six months after the period in which stop notices may be filed as provided in Civil Code
g3184.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of
this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract).
Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the foregoing addresses.
11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to,
Civil Code gS3247, 3248, ef seq. Any provision in this Bond conflicting with said statutory requirements shall
be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be
deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an
amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character
in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per
diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been
ascertained and determined by the Director of the State Department of Industrial Relations and City to be the
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00620 - 2
Construction Labor and Material
Payment Bond
Project No. 2005-9449
general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this
Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be
posted at each Site.
14. Defmitions.
14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of
Contractor to furnish labor, materials or equipment for use in the performance of the Contract as
further defmed in California Civil Code fn 81. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required for performance of the Work of Contractor and Contractor's
Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall
also include the Unemployment Development Department as referred to in Civil Code g3248(b).
14.2 Construction Contract: The contract between City and Contractor identified on the signature page of
this Bond, including all Contract Documents and changes thereto.
14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract, provided that failure is the cause of the failure of
Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.
END OF DOCUMENT
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00620 - 3
Construction Labor and Material
Payment Bond
...... ,.
. ..,., ,
.
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
Safeeo Plaza
Seattle, WA 98185
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA
Washington corporation, does each hereby appoint
****-*****J. M. ALBADA; BRIAN F. COOPER; SUSAN HECKER; SWAN LEE; M. MOODY; MAUREEN O'CONNELL; JANET C. ROJO;
BETTY L. TOLENTINO; ROBERT P. WRIXON; San Francisco, California...............................lIWlI......................
No. 9532
and GENERAL INSURANCE COMPANY OF AMERICA, each a
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21st
day of
March
2007
~~~
STEPHANIE DALEY.WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE.PRESIDENT, SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any.certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(iI) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(Hi) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. n
I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
15th
day of
NOVEMBER
2007
~~~
STEPHANIE DALEY-WATSON, SECRETARY
Safeco@ and the Safeeo logo are registered trademarks of Safeeo Corporation.
S-0974/D5 4/05
WEB PDF
CITY OF
g
Project No. 2005-9449
CUPERTINO
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 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
City 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 Contractor,
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. Said insurance coverage obtained by the Contractor, excepting worker's compensation
coverage, shall also name the State of California, and its officers, agents and employees, 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 or that is otherwise acceptable to
the City.
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 duration 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 having a Best's Guide Rating of A, Class VII or better or that is
otherwise acceptable to the City.
Worker's Compensation
& Employers' Liability
LIMITS
In accordance with the Worker's Compensation
Act of the State of California - Worker's comp-
"statutory" per CA Law; Employers' Liability-
$1,000,000 per occurrence.
City of Cupertino
Mary Ave. Bicycle Footbridge
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00530 - 2
Insurance Forms
General Liability - commercial general liability;
including provisions for contractual liability,
personal injury, independent contractors and
products - completed operations hazard.
Automobile Liability - comprehensive covering
owned, non-owned and hired automobiles.
Project No. 2005-9449
Combined single limit of$2.0 million per
occurrence; $4.0 million in the
aggregate;$15.0 million in excess liability
Combined single limit of $1.0 million per
occurrence.
Cot-peA) 5,14-;11 /?,2-If~&EI ,TAlc.
(Contractor's Name)
BY~'( ~-PYr'SIDe)Vi~
Dated: tW/ /6 20fl
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00530 - 3
Insurance Forms
CITY Of
11
Project No. 2005-9449
CUPERTINO
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the
insured named below and are in force at this time.
Insured: Golden State Bridge, Inc.
Address: 901 Howe Road
Martinez, CA 94533
Description of operations/locations/products insured (show contract name and/or number, if any):
Mary Avenue Bicycle Footbridge, Job #2006-9449 for the City of Cupertino
-------------------------------------------
------------------------------------------
SeaBright Insurance Co.
(name of insurer)
* Statutory 11in.
* Employer's
Liability
WORKER'S C011PENSATION
$ 1,000,000
Insurance Company's State License No.
$ 1,000,000
$ 1,000,000
---------------------------------------
----------------------------------------
Check Policy Type:
COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises/Operations
Each Occurrence
~,ooo,ooo
General Aggregate
(if applicableYProject
$ 4,000,000
[ ] Owners & Contractors
Protective
[ ] Contractual for Specific
Contract
$
[ ] Products Liability
[ ] XCV Hazards
[ ] Broad Form P.D.
[ ] Severability of Interest
Clause
[ ] Personal Injury with 11edical Expense
Employee Exclusion Removed (anyone person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention
Aggregate $ 2,000,000
-Products/Completed Operations
Personal Injury $2,000,000
Fire Damage (anyone fire)
$ 300,000
$ 5,000
$0
Travelers Property Casualty Co.
(name of insurer)
Expiration Date 03/15/08
Policy No. DTE CO 365K8537-07
--------------------------------------.-----
---------------------------------------------
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00530 - 4
Insurance Forms
Project No. 2005-9449
AUTOMOTIVENEHICLE LIABILITY
Commercial Form
Liability Coverage
BODILY INJURY
Each Person
PROPERTY DAMAGE
Each Accident
$
$
Each Accident
Travelers Property Casualty Co.
(name of insurer)
$ or
Combined Single Limit $1,000,000
Policy No. DT 810 3651<853-07 Expiration Date 03/15/08
--------------------------------------
--------------------------------------------
BUILDER'S RISK "ALL RISK"
This is to certify that the following policy has been issued by the below-stated company in
conformance with the requirements of the project documents and is in force at this time.
N/A
Policy No.
Limits of Liability:
(Name of insurer)
Expiration Date
Deductible:
-------------------------------------
-------------------------------------
(agent's initial)
A copy of all Endorsements to the policy(ies) which in any way
limit the above-listed types of coverage are attached to this
Certificate ofInsurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certificate of Insurance
may be issued or may pertain, the insurance afforded by the policies described herein is subject to
all the terms, exclusions and conditions of such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by
the Ag~eement he~een the City and the insured.
Dated: 15 November
2007
nsurance and Additional Insured Endorsement on company forms.
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00530 - 5
Insurance Forms
CITY OF
a
Project No. 2005-9449
CUPERTINO
ADDITIONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number: City of Cupertino, Mary Ave. Footbridge. Job 12006- 449
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as
follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers, engineers,
agents and employees, and the State of California, and its officers, agents and employees, are
hereby declared to be additional insureds under the terms of this policy, but only with respect to the
operations of the Contractor at or upon any of the premises of the City in connection with the
Contract with the City, or acts or omissions of the additional insureds in connection with, but
limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance held
or owned by the designated additional insured(s) shall be called upon to cover a loss under said
additional policy.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,
canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City of Cupertino
("City"). Such notice shall be addressed to the City as indicated below.
POLICY INFORMATION
1. Insurance Company: Travelers Property Casualty Co.
2. Insurance Policy Number: General Liability: DTE CO 365K8537-07
Auto Liability: DT 810 365K853-07
3. Effective Date of this Endorsement: November 15,
20D.L
4. Insured: Golden State Bridge, Inc.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 TOITe
Avenue; Cupertino, California 95014.
I, Angela S. Falcone
(print/type name)
City of Cupertino
Mary Ave. Bicycle Footbridge
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00530 - 6
Insurance Forms
CITY OF
II
Project No. 2005-9449
CUPERTINO
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number: Mary Avenue Bicy.cl~ Fnnt.hridgp, .loh 1'006-9449
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of the
below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project
described as Mary Avenue Bicycle Footbridge
POLICY INFORMA nON
1. Insurance Company: Travelers Property Casualty Co.
2. Insurance Policy Number: Gl: DIE CO 365K8837-07/Auto: OT810 365K854-07
3. Effective Date of this Endorsement: November 15.
20 JlL
4. Insured: Golden State Bridge, Inc.
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection with
this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue;
Cupertino, California 95014.
I, Angela S. Falcone (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do
so bind this Company.
Signature of Authorized Representative:
(Original signature required on all Endorsem
N f Angela S. Falcone/
ames 0
Agent/Agency:Gallagher Construction Services
Address: 580 Cali forn; a Street, Ste. 1100
San Francisco, CA 94104
Title: Account Manaqer
Telephone: 415 288 1650
Facsimile: 415 3~ 1882
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00530 - 8
Insurance Forms
CITY OF
II
Project No. 2005-9449
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE r0;::)o JeC-c- ;;:/F -? /
CUPERTINO (! rry Dr C-L-( Pi:RlrND I) I / ~QQb-
Project Title and Number: /I1f/-;?Y AllEr 7:3ICYC Le /~vd/a;;?liJCr-~ 9~ <Ie;
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:
It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company
waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents,
consultants and employees by reason of any payment made on account of injury, including death
resulting therefrom, sustained by any employee of the insured, arising out of the performance of the
above-referenced Contract.
POLICY INFORMATION -7 r:!.o
1. Insurance Company: .5 E 1t8/f I G-/-li -'-Al-Sct /(ftlfrl-e .
2. Insurance Policy Number: /!J B / 070 J? 13
3. Effective Date of this Endorsement: 3 - 1-5'" _ 0 7 20
4. Insured: C-OLotEN Sr~~ 13RI})&f! lIVe
All notices herein provided to be given by the Insurance Company to the City in connection with
this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue;
Cupertino, California 95014.
I, L oR / SA c- /-(e rr (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do
so bind this Company.
Signature of Authorized Representative: f1 ft
(Original signature required on all Endorsements furnished to the District) A V' -- U tV [) ~ R t.J
sEA-18Rf G-IfT I
Names of It 1
Agent/Agency: A N ~ ELA ~ F-A-L. Co N E Title: CtYJ 0UV r t CrR..
(;-JfLL AGI-/-ER CoA/Sr-'Kae7lo/V
Address: -5'2(.., CA-I.....lro"NII'r :Sl~/O-V Telephone:~}\0?
e:S~v! rRA-"/d tS:!CJ 1 c-A- Facsimile: M ~1(
9'-1&lf
>rfiNG--
~-. Co >
/r; ~z;.
I rrf~
City of Cupertino
Mary Ave. Bicycle Footbridge
Re-Bid
00530 - 9
Insurance Forms