12-111 O'Grady Paving Inc. Agreement, Project Number 2012-05, 2012 STP Overlay Project Re-BidRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
DOCUMENT: 23462105
11111111111111111111 1111111 I II
REGINA ALCOM ENDRA S
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages:
Fees . • No Fees
Ta xes .
Copies .
AMT PAID
RDE # 025
10 /13 /2016
8 : 17 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: 2012 STP Overlay Project Re-Bid (City Project No. 2012-05)
A Original
D For Fast Endorsement
3
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave .
Cupertino , CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE
NOTICE OF COMPLETION
Civil Code§§ 8182 , 8184 , 9204 , and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2 . Owner's full name is : City of Cupertino , California .
3. Owner's address is : City Hall , 10300 Torre Ave., Cupertino , CA 95014.
4 . The nature of owner's interest in the project is :
_ Fee Ownership Lessee _X_ Other:_Right of Way on va ri ous streets_
5. Construction work on the project performed on the owner's behalf is generally described as
follows : City Project Name: _2012 STP Overlay Project Re-Bid ________ _
(City Project No .: _2012-05 ___ )
Work and improvements for pavement maintenance performed at various locations in Cupertino ,
CA.
6 . The name of the original contractor for the project is: _O'Grady Paving , Inc. ____ _
7. The project was completed on: _November 4 , 2013 ____________ _
8. The project is located at: ___ Various locations in Cupertino , CA ____ _
Verification : In sign ing this document, I , the undersigned , declare under penalty of perjury under the laws
of the State of Cal ifornia that I have read this not ice , and I kno / d understand the contents of this
notice , and that the facts stated in this notice are true and corre t.
I o-5 ;201~; Santa Clara County
Dat~ and Place Signatur
4 imm Borden J'~ D irector of Public Works and City Engineer
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion date October 5, 2016 for
CITY PROJECT NAME: 2012 STP Overlay Project Re-Bid (City Project No. 2012-05)
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on October 5, 2016 and the grantee consents to recordation thereof by its duly authorized
officer .
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated:
By:
October 5, 2016
Lauren Sapudar
Senior Office Assistant
2. o . ;A v11d- 1 &
Project No.2012-
0f
DOCUMENT 00520 e
CONTRACT
u4ti
THIS CONTRACT, dated this 1 day of Uii+. , 2012, by and between O'GRADY PAVING, INC.
whose place of business is located at 2513 Wyandotte Street, Mountain View, CA 94043 ("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.
WHEREAS,City,on the
bra
day of 0 . ,2012 awarded to Contractor the following Project:
PROJECT NUMBER 2012-05
2012 STP OVERLAY PROJECT RE-BID
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 Roger Lee, Assistant Director, Public Works — Maintenance, 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 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.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700(General Provisions)within ti0 working days as provided in Document 00700(General
Provisions)
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
City of Cupertino 00520- 1 Contract
2012 STP Overlay Project Re-Bid
Project No.2012-05
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 Provisions), 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 $150.00 per day for failure to replace traffic striping as required by Document 01010,Section 109-3D.
3.2.4 $50.00 per facility per day for failure to raise utilities to finished grade within 72 hours of completion
of final paving
3.2.5 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
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:
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 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, or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700(General Provisions)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
City of Cupertino 00520-2 Contract
2012 STP Overlay Project Re-Bid
Project No.2012-05
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 Provisions); 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§4100 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 00002 Signature Page
Document 00003 Project Directory
Document 00012 Caltrans/City Cross-Reference Table
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00431 Bidder's List of Subcontractors
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00500 Federal Requirements for Federal-Aid Construction Projects
Document 00501 Required Contract Provisions—Federal-Aid Construction Projects
Document 00502 Equal Employment Opportunity Certification
Document 00504 Debarment and Suspension Certification
Document 00505 Nonlobbying Certification for Federal-Aid Contracts
Document 00506 Disclosure of Lobbying Activities
Document 00507 Proposal Requirements and Conditions
Document 00508 Award and Execution of Contract
Document 00509 Beginning of Work,Time of Completion and Liquidated Damages
Document 00510 Subcontractor and DBE Records
Document 00511 Performance of Subcontractors
Document 00512 Subcontracting
Document 00513 Buy America Requirements
Document 00514 Local Agency Bidder-DBE Information
City of Cupertino 00520-3 Contract
2012 STP Overlay Project Re-Bid
Project No.2012-05
Document 00515 Local Agency Bidder UDBE Commitment
Document 00516 UDBE Information—Good Faith Efforts
Document 00517 Utilization of DBE,First Tier Subcontractors
Document 00518 Disadvantaged Business Enterprise Certification Status Change
Document 00519 Federal Wage Rates
Document 00520 Contract
Document 00530 Insurance Forms
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
Document 00660 Substitution Request Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specifications
Document 01010 Summary of Work
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than tiMose listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Provisions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) 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 ':he 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 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
City of Cupertino 00520-4 Contract
2012 STP Overlay Project Re-Bid
Project No.2012-05
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 be fore commencing the performance of the Work of the Contract
Documents.
7.7 Should any part,term or provision of this 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,
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.
City of Cupertino 00520-5 Contract
2012 STP Overlay Project Re-Bid
Project No.2012-05
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
2012 STP OVERLAY PROJECT RE-BID
CITY:CONTRACTOR: 0 `G,f_ _1 .-
r-p„ tAc3 ..3,—,..c.__
CITY OF CUPERTINO,a Municipal Corporation of the
State of California
CHI By: C —
Signature]CICA----------Attest:
efUi lc\ S .NO v'ina, I?L_ 4_ _.. Please p name here]
City
erg:
Grace Schmidt
n
ved to form by City Attorney: Title: V
If Corporation: Chairman,President,or Vice President]
City Attorney: Carol Korade By: Ceeki Of 1X
Signature]
Ce.t,".t O. Ye".-n
I hereby certify,under penalty of perjury,that Timm Borden,Please print name here]
Director of Public Works of the City of Cupertino was duly
authorized to execute this document. Title: Sew-.l'`rtr---
If Corporation: Secretary,Assistant Secretary,
Chief Financial Officer,or Assistant Treasurer]
Dated: bait $/Z 2O1b°1t4, A, G2.
State Contractor's License No. Classification
allIb,-- -- 12-31—'3
4...1
m Borden,Director of Public Works of the City of Expiration Date
Cupertino,a Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. qL - 1t-1c13(092
Name:Roger Lee Name: erCk tri E- ‘10Urn
Title:Assistant Director,Public Works-Maintenance Title: Y 1
Address: 10555 Mary Ave, Cupertino, CA 95014 Address: 51.3 WlctridOk{e. St •
hn Ani e J, co,- 043
Phone:408-777-3269 Phone: 0,5C)) 9 to(o - 1e12b
Facsimile:408-777-3399 Facsimile: CGS0)c lD(O—i414'1z)
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
AMOUNT: $388,855.60 CORPORATION, CORPORATE SEAL AND CORPORATE
ACCOUNT NUMBER:270-9459-9300 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITYFILENO.: NO.IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520-6 Contract
2012 STP Overlay Project Re-Bid
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All-Purpose Acknowledgment
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he/she/they executed the same in his/her/their authorized capacity(ies), and that by
ZA his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
i!of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Californiaxi
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1 he/she/they executed the same in his/her/their authorized capacity(ies), and that by
j his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
j I certify under PENALTY OF PERJURY under the laws of the State of California
the foregoing paragraph is true and correct.
Camisoles•11111lri
WITNESS my hand and official seal. t!a- Notary Public-CaNlomiillz ;.,/ Sant Clara County
il 1_ Comm.Exaks$SI 21!20141103-(___1/4.. v.J..-s„.______ This ,r4 ?0 official notarial SEi£n!
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EXHIBIT A Project No.2012-05
SCHEDULE OF BID PRICES
BASE BID ITEMS
BUBB RD (Stevens Creek Blvd to McClellan Rd)
All Bid items,including lump sums and unit prices,must 3e filled in completely. Quote in figures only,unless words are
specifically requested.
ITEM DESCRIPTION UNIT EST.QNTY UNIT COST TOTAL
1 Traffic Control LS u3,000 2.01000 _
2 Hot Mix Asphalt, 3/8"Maximum Type A TN 519 I I( "" 57,(0 01
3 Hot Mix Asphalt, 1/2"Maximum Type A TN 1,953 j$ — is 5,535
4 Hot Mix Asphalt, 3/4"Maximum,Type A TN 50 aU 5'0Od
5 TruPave Paving Map SY 17,578 2, 20 3 1510 71 e'
6 Pavement Grid SY 0
7 4"Digout SF 2,000 3 6,060
8 6" Digout SF 0
9 9"Digout SF 0
10 Keycut A LF 5,750 z " bo
11 Keycut B LF 280 0 - 800
12 Crack Sealing LF 0
Adjust Survey Monument Cover to
13 Finish Grade EA 0
Install Box &Cover @ Ex. Survey
14 Monument EA 0
Lower Manhole Covers Prior to Cold
15 Planing EA 17 00 _ 1700
Lower Cleanout/Water/Gas Valve
16 Cover Prior to Cold Planing EA 2 Sv uv
17 Adjust Manhole Covers to Finish Grade EA 17 5o 81'06 _
Adjust Cleanout I Water/Gas Valve
18 Cover to Finish Grade EA 2 35c) 74t.)
Adjust Utility Vault I Water Meter Box to
19 Finish Grade EA 0
Prune& Remove Tree Roots Under
20 Repairs SF 0
21 Install Blue RPM's @ Fire Hydrant EA 2 30 Coo
12"White Crosswalk/Limit Line
22 _(Thermo) LF 700 5 3 Soo
23 12"Yellow Crosswalk(Thermo) LF 0
24 Striping Detail#21 (Thermo) LF 0
25 Striping Detail#23 (Markers) ** LF 300 1 3c
26 Striping Detail#27B(Thermo) LF 0
27 Striping Detail#28 (Thermo) IF 0
28 Striping Detail#30 (Markers) LF 130 3 - 3 i v
29 Striping Detail#38(Thermo&Markers) _ LF 850 2
r
7O
30 Striping Detail#39 (Thermo) LF 2,500 ZScfrr)
31 Striping Detail#39A(Thermo) ** LF 300 i 3ou
32 Striping Detail#25(Thermo) LF 0
City of Cupertino Bid Form
2012 Pavement Maintenance Project Re-Bid 00400-3
ADDENDUM 1
Project No.2012-05
33 "BUSES"Legend (Thermo) EA 0
34 "ONLY"Legend(Thermo)EA 0
35 "XING"Legend (Thermo) EA 0
36 "STOP" Legend(Thermo)EA 0
37 "SLOW"Legend (Thermo) EA 0
38 - "SCHOOL"Legend (Thermo)• EA 0
39 "KEEP"Legend(Thermo)EA 0
40 "CLEAR" Legend(Thermo) EA 0,
41 "25" Legend(Thermo) - EA 0
42 "Bike Lane"Legend(Paint) EA 8 50 – 90
43 "RXR" Legend (Thermo) EA 3 3470 yo
44 "YIELD"Legend (Thermo)EA 0
45 "BUMP"Legend(Thermo)EA 0
46 Arrow Type IV(Thermo) EA 11 7c) ` .-7'70
47 Striping Detail#9 LF 0
48 Striping Detail#10 LF 4,600 r $c)2 $CU
49 Striping Detail#22 LF 0
50 Striping Detail#32 LF 0
51 Striping Detail#33 IF 2;300 1. t.0 36$O
52 Striping Detail#37B LF 0
53 "30" Legend(Thermo) A 0
54 "35" Legend (Thermo) A 4 I00 ef pv '
55 "40" Legend (Thermo) EA 0
56 Arrow Type I (Thermo) EA 0
57 Arrow Type III (Thermo) lEA 0
58 Arrow Type VI(Thermo) lEA 0
59 Arrow Type Vll(Thermo) EA. 2 00 ZOO
60 "SIGNAL" Legend (Thermo) 1=A 2 6c' 300
61 "AHEAD" Legend (Thermo) EA 2 5O 3 )
62 24"White(Thermo)LF 100 9 '7 00
63 24"Yellow(Thermo) LF 0
64 4" White(Thermo) LF 0
Remove& Replace PCC Centerline
65 Delineator .- FA 0
Remove&Replace Speed Bump and
66 Chevron Legends EA 0
Sawcut&Remove Concrete at Gutter
67 Lip LF 0
68 Replace Traffic Signal Loops EA 19 t(a)7c.oC)
69 Yellow Delineators EA 0
70 Detail 29 LF 0
71 Install Access Ramp EA ,6
L
Live* a
L
g1000 ,(
i
City of Cupertino Bid Form
2012 Pavement Maintenance Project Re-Bid 00400-4
ADDENDUM 1
Project No.2012-05
3g-,?55.
o
Total Base Bid Price: .-f e k i rid red e 4Jj e,zg --Ica 4 e.4 j4, k Act red
FiC411 ,re did('1w,rs
g sAci-y c JJ
Unit Legend
LS=Lump Sum AL =Allowance
EA= Each SF=Square Feet
LF=Linear Feet
TON =Ton or 2,000 Pounds
CY =Cubic Yards
LB =Pounds
City of Cupertino Bid Form
2012 Pavement Maintenance Project Re-Bid 30400-5
ADDENDUM 1
Project No.2012-05
1
City of Cupertino Bid Form
2012.Pavement Maintenance Project Re-Bid 00400-6
ADDENDUM 1
Project No.2012-05
DOCUMENT 00630
GUARANTY
TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of
2012 STP OVERLAY PROJECT RE-BID
CUPERTINO,CALIFORNIA
The undersigned guarantees all construction performed cn 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 wa-ranty 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 wor'c 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 unc[er 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 of limitation, 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.
0'Grad . PON 1 r1Q LAC-•
Contractor's Name J
2513 inlyanc o-tte- S'-
Address
Mounkain \ hew,C(( q,4043 Cc*. lo 2012
City/State/Zip Date
END OF DOCUMENT
City of Cupertino 00630- 1 Guaranty
2012 STP Overlay Project Re-Bid
STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN Jr.Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS#1
Sacramento, CA 94274-0001
TTY 711
916)654-3151
Fax(916)653-7621 File : 04-SCL-0-CPO
STPL-5318(027)
July 31, 2012 Bubb Rd (McClellan Rd to Stevens
Creek Blvd)and Wolfe Rd (south
side of Highway 1-280 to north side c
Ms. Jo Anne Johnson
Engineering Technician
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Dear Ms. Johnson:
Enclosed is your fully executed copy of Program Supplement Agreement No. 019-N to Administering Agency-State
Agreement No. 04-5318R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion
Dates". Please ensure that your invoices are submitted al least 60 days prior to the Reversion Date to avoid any lapse
of funds. If your agency is unable to seek reimbursement by this date, you may request an extension through a
Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If
approved, the CWA may extend the deadline for up to one year to federal funds and up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Sincerely,
BILL SANDOVAL, Chief
Office of Project Implementation - North
Division of Local Assistance
Enclosure
c: DLA AE Project Files
04) DLAE -Sylvia Fung
PROGRAM SUPPLEMENT NO. N019 Adv Project ID Date: June 4, 2012
to 0412000388 Location: 04-SCL-0-CPO
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: STPL-5318(027)
FOR FEDERAL-AID PROJECTS NO 04-5318 E.A. Number:
Locode: 5318
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 10/23/07 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. 0 7-( It, approved by the Administering Agency on y IS/Z0 7
See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT,the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Bubb Rd (McClellan Rd to Stevens Creek Blvd)and Wolfe Rd (south side of Highway 1-280 to north side of 1-280)
TYPE OF WORK: Road Rehabilitation LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
L23E 500,000.00 LOCAL OTHER
1,098,240.00 598,240.0 0.00
CITY OF CU'ERTINO STATE OF CALIFORNIA
1 Department of Transportation
By
Chief, Office of Project Implementation
Title v) -i-eri. C • MA nA er
Q
Division of Local Assistance
Date
Date 7 1f,. _ 4 G r% cAttest174.1‘014--
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer i J O`' Date 1/'l 500.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 04-5318-N019-ISTEA Page 1 of 3
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 6/5/2012 0412000388
3301 "C"Street, Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 RQS-2660-041200001220
FROM:
DEPARTMENT OF TRANSPORTATION
SUBJECT:
ENCUMBRANCE DOCUMENTS
VENDOR/ CONTRACTOR:
City of Cupertino
CONTRACT AMOUNT:
500,000.00
PROCUREMENT TYPE:
LOCAL ASSISTANCE
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS
ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT
33 2011 2660-102-890 2011-2012 202,0010/810 2620/0400 500,000.00
ADA Notice For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write
Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814.
04-$CL-O-CPO 06/04/2012
STPL-5318(027)
SPECIAL COVENANTS OR REMARKS
1. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
2. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
Program Supplement 04-5318-NO19-ISTEA Page 2 of 3
04-gCL-0-CPO 06/04/2012
STPL-5318(027)
SPECIAL COVENANTS OR REMARKS
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
6. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
7. As a condition for receiving federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
EPLS).
Program Supplement 04-5318-N019-ISTEA Page 3 of 3
RESOLUTION NO. 07-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MASTER
AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS,FUND TRANSFER
AGREEMENTS, AND ANY AMENDMENTS THERETO WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Cupertino is eligible to receive Federal and/or State funding for
certain Transportation Projects, through the Cali:.'ornia Department of Transportation; and
WHEREAS, Master Agreements, Program Supplemental Agreements,Fund Exchange
Agreements and/or Fund Transfer Agreements need to be executed with the California
Department of Transportation before such funds could be claimed; and
WHEREAS, the City of Cupertino wishes to delegate the authority to execute these
agreements and any amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the City Manager to execute all Master Agreements, Program Supplemental
Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any
amendments thereto with the California Department of Transportation.
BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is
authorized, on behalf of the City of Cupertino, to execute and submit all documents, payment
requests, and related actions, as well as to acce:Dt and appropriate any additional funds received
as a result of carrying out the terms of the aforementioned agreements and amendments thereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of September 2007 by the following vote:
Vote Members of the City Council
AYES: Wang, Lowenthal, Mahoney, Sar..doval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:APPROVED:
Aerial./ /
City Clerk I M," or, City of Cuperti-o
41.1ysr
CUPERTINO
State of California
County of Santa Clara ) ss.
City of Cupertino
I, Kimberly Smith, City Clerk of the City of Cupertino, hereby certify the foregoing
document to be a true and correct copy of Resolution No. 07-162, authorizing the city
manager to execute all agreements for all Master Agreements,Program Supplemental
Agreements, Fund Exchange Agreements andJor Fund Transfer Agreements and any
amendments thereto with the California Department of Transportation. The original
document is on file in the City Clerk's Office of the City of Cupertino.
September 14, 2009
Date Kimberly Smith/ )
City Clerk
DEPARTMENT
OF
TRANSPORTATION
FINANCE
LETTER
Date:
07/
30/
2012
DIVISION
OF
ACCOUNTING
Agency:
04-
SCL-
0-
CPO
LOCAL
PROGRAM
ACCOUNTING
BRANCH
Project
No:
STPL-
5318(
027)
EA
No:
Attention:
City
of
Cupertino FINANCE
ITEMS
TOTAL
COST
OF
FEDERAL
PART.
FED.
REIMB%
FEDERAL
FUNDS
LOCAL
FUNDS
OTHER
WORK
COST
L23E
Contract
Items:
982
400
Utilities:
17
600
Contingencies:
98
240 ,,
I
Total:
1,
098,
240 '.
Fed.
Partic:
Construction
1,
098,
240.
00 $
1,
080,
640.
00
46.
27%
500,
000.
00 $
598,
240.
00
0.
00
I
Totals:
1,
098,
240.
00
S1,
080,
640,
00
0.
00%
500,
000.
00 $
598,
240.
00
Moo
98.
40%
This
Finance
Letter
was
created
based
on
specific
financial
information
provided
by
the
responsible
local
agency.
The
following
encumbrance
history
is
prepared
by
Local
Assistance
Accounting
Office
and
is
provided
here
for
local
agency'
s
information
and
action.
Signature: ' „
For
questions
regarding
finance
letter,
contact:
Title:
Sr.
Transportation
Engineer
Printed
Name:
Peter
B.
Anderson
Telephone
No: (
916)
653-
8431
Remarks: *$
17,
600
for
utilities
is
non-
participating
ACCOUNTING
INFORMATION
STPL-
5318(
027)
Adv.
Proj.
ID
Approp.
Unit
State
Prog.
Fed/
State
Encumbrance
Amount
Approp
Year
Expenditure
Amount
Ecumbrance
Balance
Reversion
Date
0412000388
12102F
2030010810
1
F
500,
000.
00
1112
0.
00
500,
000.
00
06/
30/
17
Page
1
of
1