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14-031 S & M Engineering repair of storm drain inlets and associated work1U OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVE=NUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org CUPERTINO March 10, 2014 S & M Engineering 1645 Almaden Road San Jose, CA 95125 Re: Agreement for contract services Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777 -3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works v antl 2331 bereb referred to as Exhibit "A ", at various locations in CUPERTINO, CA. HIS.-AGREEMENT; for reference dated January 30; 2014 is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "Ci"ty" ), and S & M Engineering a California corporation whose address is 1645 Almaden Rd. San Jose, CA 95125 hereinafter called the Contractor; and is made with reference to the following: RECI'T'ALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the; State of California and the Cupertino Municipal Code. B. City.: and Contractor desire to enter . into an agreement for the repair of storm drain inlets and associated work referred to in :proposals No. 2327, 2328, 2' )29 and 2331 hereby referred to as Exhibit "A" at various locations in CUPERTINO, CA.. NOW, THEREFORE, it is mutually agreed by and between the-,undersigned parties as follows.- 1. TERM: The .Contractor shall begin work with h thirty (30) calendar days after receiving notice from the Street Dept. Supervisor to commence: the work,, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt.of notice to begin work. 2. SERVICES TO BE PERFOl2IWED: Contractor agrees, iat its own cost and expense, 'to furnish all labor -, tools;: equipment, materials, 'except as otherwise specified, and. to do all work strictly in accordance. with the proposals dated.May 9, 201.3 hereby referred to and expressly made a part hereof with the same force and effect as if the. samewere fully incorporated herein. 3. ' COMPENSATION TO CONTRACTOR: Contractor:shall-be compensated for services performed pursuant to•this Agreement in the amount and manner- set `forth In Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment wilt be made in the same manner'that claims of a like character are -paid by the City, with checks drawn on the treasury of the City, to be taken from the.general fund. 4.. , TIME IS OF THE ESSENCE: Contractor and City .agree that time .is of the essence regarding the performance of this Agreement. _..5.. - -. STANDARD OF CARE: Contractor agrees to perform all services: hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES' City and Contractor intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the-control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of 'employment will be acquired by virtue of Contractor's services. None 'of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions, shall. not be made for any state or federal taxes, FICA payments, PERS payments, or other, purposes normally associated with an employer - employee relationship from any- `fees due Contractor. Payments of the above items, if required, are -the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT 7IRCU Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing, work hereunder, pursuant to all applicable, TRCA or other federal or state rules and regulations. Contractor shall indemnify, and hold City harmless from and against any loss, damage, liability, costs or expenses arising: from any noncompliance of this provision by Contractor. 8. NON- DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable .employer /employee conduct, Contractor agrees that harassment or discrimination directed toward .a job applicant, a City°employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed,, color, national origin, ancestry;, handicap, disability, marital ,status,'pregnancy, sex, age; or�sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend,. and hold harmless. the City and its officers, officials; agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever PA from and' against any of ,them, including any.injury to or death. of any person or damage to property or other. of any nature, arising out- of,.pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated-under this Agreement to indemnify City to the extent that tl e; damage is caused 'by the sole negligence or willfut misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attoineys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation:. Contractor agrees to obtain executed indemnity agreements with: provisions identical to those set forth here in these sections from each and every subcontractor or any other person or .entity involved by; for, with„ or on behalf of Contractor in the performance of this agreement. If Contractor fails to. obtain such 'indemnity obligations -.from others as required here, Contractor agrees to be: fully responsible according to the terms of this section. 10. INSURANCE: On. or before the commencement of the terms of this,Agreement, Contractor shall furnish City with certificates showing the type; amount, class of operations covered, effective dates and dates of expiration, of insurance coverage..in compliance with para graphs7 10A, $, C and -D; Such certificates„ which. do not limit Contractor's indemnification, shall also contain substantially the following- statement: "Should�any of the above; insurance. covered by this certificate be canceled or :coverage reduced before the expiration date thereof, the insurer affording .coverage shall provide thirty. (30) days' advance written notice to the. City of Cupertino by certified mail, "Attention: Chris Mertens." It is agreed that Contractor shall maintain in force at all times during the .performance of this :Agreement all appropriate .coverage of insurance required by this Agreement with an- .insurance company that is acceptable to City "and licensed to do - insurance business in the State of California. Endorsements naming the City as additional insured- shall be submitted`with the insurance. certificates. A. COVERAGE: Contractor shall maintain the following- :insurance coverage: (1) Workers' Coin 0ensation: Statutory covera ge -as required by the State of'California. (2) Liability Commercial general liability coverage in the following - minimum limits: Bodily Injury: $1,000,000: each occurrence $2;0'00;000 aggregate -all other Property Damage $500,000 each.occurrence $ l ,000;000 aggregate If submitted, combined single,lirnit po }icy with aggregate limits in the :3 amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) . Automotive: Comprehensive .automobile.liability coverage in the following, minimum limits: Bodily injury: $500,0001each occurtence Property Damage: $500,000 each occurrence or Combined Single Limit:; $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to. provide comprehensive general and automotive liability insurance,. Contractor shall look solely to, its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor' may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO, SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, .City shall be permitted to obtain such 'insurance in the Contractor's, name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have-not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverage'.s, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as. such additional insured. An additional insured named hereiri shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an. additional insured shall not be required to contribute anything tow_ and any .loss or expense covered by the insurance provided by this, policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not. required to provide bonds:. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or 'indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by ,reason of such attempted .assignment, hypothecation or transfer. However, claims for money 'by Contractor from City under this Agreement may be msi gned. to 'a bank, 'trust -company or other financial' .institution without "prior written consent. Written notice of such 'assignment :shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other.. disposition of any of.the issued and outstanding, capital stock of Contractor,, or of the interest of any general partner or joint venturer or'syndicate member or cotenant, if Contractor is a -partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an-assignment of this Agreement. Control means fifty percent (50 %) or, more of the voting power of the ;corporation. 13. SUBCONTRACTORAPPROVAI. Unless prior written consent from City is obtained, only'those, people and subcontractors whose names• are listed in Contractor's bid shall be used in the performance of NO Agreement. Requests for additional subcontracting shall be submitted in writing, describing: the scope of 'work to be subcontracted and, the name of the proposed subcontractor. 'Such request shall set forth the total . price or hourly rates used in preparing estimated :costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the- form of a Work Order. In the event that Contractor employs subcontractors, 'such subcontractors shall be required to furnish proof of workers' compensation insurance and' shall also be required to carry general. and automobile liability :.insurance in reasonable conformity to the insurance carried by Contractor. In - addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at. its sole expense; shall obtain and maintain -during the term of this Agreement, all' appropriate permits, certificates and licenses, including a City "Business License, that may be required in connection with.the performance of services hereunder. 15. REPORTS: Each and :every report, draft; work product, map, record and' other document 'reproduced, prepared or caused to..be prepared by Contractor pursuant to or in connection with this Agreement .shall be the exclusive property of City. Consultant may, retain a• =copy of any report furnished to the City pursuant to this Agreement No report, information, nor other data given to or prepared or assembled by Contractor pursuant to this Agreement -shall, be made available to any, individual or organization by Contractor without prior approval by City. . Contractor' shall, at such time and in such form as City may require, furnish reports concerning the status of 'services required under this Agreement. 16. RECORDS: S. Contractor shall maintain complete -and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services: All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees; at' all proper, times; and gives City the right to examine and audit-same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents; proceedings and activities related to. this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period -of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary .examination or audit of records, and the City's supplemental examination or audit; of the records discloses a failure to adhere to appropriate 'internal financial = controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated'wiih the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second 'business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed' as hereinafter provided. All. notices, demands, requests, or approvals from Contractor to City shall be addressed.to City at: City of Cupertino 10,555 Mary Avenue Cupertino CA 95014 Attention: Chris Mertens All notices,. demands,. requests, or approvals from City to Contractor shall be addressed to Contractor at:: 1645 Almaden Rd. San Jose, CA 95 =125 Attn: . 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation-and grading. if water is used for dust control, contractor shall use as little as necessary.. Contractor shall take all steps necessary to keep wash water out of the streets, glitters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes'but is not limited to: A.. Use storm drain inlet protection devices. such as sand bag barriers, filter fabric fenc6s, block and gravel filters. (Block storm drain inlets .prior to the start of the raih season (October B); in site de- watering activities and saw - cutting activities; shovel or vacuuiti saw =cut slurry and.remove from,the,site). R Cover exposed piles of soil or construction material with plastic sheeting: Ali construction materials, must be stored in containers. C:. Sweep and remove all material; from paved surfaces that drain to streots, gutters and s`torin drains prior to rain as well as at tlie, end of the each work day. At the completio:� of the project, the street shall be washed. and the wash water shall be collected and disposed of offsite in an appropriate location: ID: After breaking old pavement, Contractor shall remove. all debris to avoid. contact with rainfall or runoff. E: Contractor shall maintain a clean work area by removiiig'trasli litter - andAebris at, the end of each work day. Contractor shall also clean tip any leaks, drips, and .other'spills as they occur , The objective is to ei9sure that the Ctv an County of Santa Clara County -Wide Glean Water Program is :adequately enforced. These controls should be implemented prior to the stait of gonstruction, up- graded as required, maintained during construction phases to provide adequate protection; and.removed at the end of construction. These recommendations are intended to be used in'conjunction with the States Best Maittigement- Practices Municipal -and Comtruction Handbooks, local - prograi guidance rnatciialg from appropr ate documentslon storm Water lquality controtlsefortconstructsion ificatioiis ,arid any, other Pailure to comply with this program will result in the issuance of noncompliance notices; citations, project stop orders or fines: The `fine: for noncompliance of the above program ,is° two hun -dred and fifty dollars ($250:00) per occUftence per day: The State under the Eede ml Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13395, 19. TERMINA`T'ION In the event Contractor fails or refuses: to perform, any of the provisions hereof at the time and in the manner required hereunder,, Contractor shall be deemed in default in the, per.116rniance of this Agreement. If such:default"is not cured within a period of two (2) days after receipt I Contr ctar from City of written, notice of defauult, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement, forthwith' by giving to the Contractor written notice thereof. City shall have the option; at its sole discretion: and without cause; of terminating finis .0 - Agreement by giving- seven (7) days' prior written notice, to Contractor as provided herein Upon ternlindtfoh of this Agreement, each party shall pay to the other party that portion of compensation specified in this'Agreement that is earned and. unpaid prior to the effecti date of terniittation... 20. Co N>lI'1LIANCES ' Contractor shall comply with all laws, state or federal and 'all- ordinances, rules' and regulatto ns eh acted`or issued by City. 7 21. .CONFLICT OF LAW: This. Agreement shall be interpreted under, and enforced by the -laws of the State of California excepting:, an choice of law rules which may direct the application of laws of another jurisdiction: The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement. (or the successors of those. authorities.) Any-suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State,:of California. 22. ADVERTISEMENT: Contractor,shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs,. advertising, show bills, lithographs, posters or cards of any kind pertainingto the services performed under this Agreement unless prior written approval has been secured from City. to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be ,a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: _ This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever ,kind or nature are merged herein., No verbal agreement or implied covenant shall be held to vary, the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY :REQUIREMENT All work performed under this Agreement shall be performed in 'such a manner as to provide safety to the public and -,to meet or exceed the safety standards outlined by CAL -OSHA. City reserves the right to.issue'restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the,work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and /or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of hi's or her operations shall immediately be reported to City. 26. HOURS OF OPERA'T'ION Contractor shall be allowed to operate only for the hours of 7:00 a.m. to 4:30 p.m. unless prior written approval has been secured from City to do otherwise: 27. REOmEMENT TO.'PAV PREVAILING WAGES. M Consistent with the City's w policy Y p y to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and' all other rat requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of. per diem wages or the general rate of per diem wages, for holiday and - overtime work. Contractor will submit (monthly or biweekly); certified payroll record, 'to the City for all employees and subcontractors in a preapproved format or a City prodded form.. Any delay in remitting certified payroll:reports to the City upon ;request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and. clause required by law to be inserted into the Agreement shall be deemed fo be enacted herein, and the Agreement-. shall be read and enforced as though each were included Herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in rib way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR , CITY OF CUPERTINO S & M Engineering A Municipal Corporation B 1 � r.. y By Title 2 Title - `6 Date Date y RECOMMEI4DED FOR AEPRO�V L: By Title 3f �ifr✓ l d lv�u�;�,�� APPROVED AS TO FORM`. By City Attorney ATTEST: City Clerk Contract Amount: $24,900:00 Account No.: 110- 8401 -7014 10 NA98 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 2.79 -8340 * Fax (408) 287 -2844 LNo. 2327 License #902278 General A Proposal submitted to: City of Cupertino Date Submitted: 05/09/13 Description: Storm Drain Repair Phone Number: 408 - 253 -7071 Job Name: Street: 1055 Mary Ave. Job Location: SWST 4190. 10100 Tantau Ave. City, State, ZIP : Cupertino, Ca. 95014 Work Phone: 408 -777 -3344 Fax Number: 408- 777 -3399 Cell Phone: 408 -510 -1200 E -Mail: chrism @cupertino.org Contact: Chris Mertens We hereby submit specifications and estimates for storm drain repair: Scope of work to include: 1. USA jobsite before start of work. 2. Set up traffic control as needed. 3. Saw cut concrete and asphalt as needed. 4. Remove 4' of curb and gutter. 5. Remove two sections of sidewalk. 6. Install new curb inlet. 7. Replace concrete as needed. 8. Replace asphalt as needed. 9. Clean -up work area and remove all debris from site from above scope of work. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees. 3. Repair of any unmarked lines, including; PG &E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Any overtime, weekend and emergency work. 6. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 7. Any unknown or unforeseen circumstances. 9 I P a 9 5 MO Engineering eerinc g Initial ,yn r _r_M"_r"SAL I 3 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 No. 2327 License #902278 General A We Propose to hereby furnish material and labor - in accordance with above specifications For the sum of: Eight Thousand & One Hundred Dollars ($8,100.00) Payment to be made as follows: Progress Payments 1. $1,000.00 Deposit 2. 25% upon start of project. 3. 25% upon rough inspection_ 4. Balance upon completion of scope of work. S &M Engineering, Inc Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS' STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING -IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1- 800 - 321 -CSLS FOR MORE INFORMATION. The services to be provided by S &M Engineering, Inc., DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. S &M Engineering is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company: 2 1 i' F. 9 y' S & M Enninee -ong Initial y kip� CL Ow 4` V APr .s:..>�. iib: 2 •,>- , r 3�^_ �' - o x t - 1 R v m 2 i l' m 4 L N C@ l'• rn m M yl NI �I .,!- I a S .'.1 I i m- •q0 a L 3 �i � p J� V� Ul � N m m m I .ti H � ~i �1 3 3 ® V I WI I 1 `I 1 u y' m= o W � �. ... Y• � C u V T � C m ��;Y �i araru�r© © O©❑❑❑❑❑❑© a f a u ose t7 m son m v i rnY� `- PO ` mss' A � No. 2328 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 License #902278 General A Proposal submitted to: City of Cupertino Date Submitted: 05/09/13 Description: Storm Drain Repair Phone Number: 408- 253 -7071 Job Name: _ Street.- 1055 Mary Ave. Job Location: SWST 4220;. 19191 Vallco Parkway. City, State, ZIP: Cupertino, Ca. 95014 Work Phone: 408- 777 -3344 Fax Number: 408-777 -3399 Cell Phone: 408 - 510 -1200 E -Mail: chrism @cupertino.org Contact: Chris Mertens We hereby submit specifications and estimates f)r storm drain repair. Scope of work to include: 1. USA jobsite before start of work. 2. Set up traffic control as needed. 3. Saw cut concrete and asphalt as needed. 4. Remove 4' of curb and gutter. 5. Remove two sections of sidewalk. 6. Install new curb inlet. 7. Replace concrete as needed. 8. Replace asphalt as needed. 9. Clean -up work area and remove all debris from site from above scope of work. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees. 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Any overtime, weekend and emergency work. 6. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 7. Any unknown or unforeseen circumstances. I I t => a g a Engineering Initial Mill J 1645'Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 Flo. 2328 License #902278 General A We Propose to hereby furnish material and labor — in accordance with above specifications For the sum of: Eight Thousand & One Hundred Dollars ($8,100.00) Payment to be made as follows: Progress Payments il. $1,000.00 Deposit 2. 25% upon start of project. ;I. 25% upon rough inspection. 4. Balance upon completion of scope of work. S &M Engineering, Inc Mote: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY'THE CONTRACTORS' STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING - -IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ,ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1- 800 - 321 -CSLB FOR MORE INFORMATION. The services to be provided by S &M Engineering, Inc., DO NOT include any engineering work, and the customer is responsible for providing all.engineering determinations. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. S &M Engineering is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company: 2 1 _ _, g - S,&l1v1 Gngineer;rlg Initial - -i PROPOSAL 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 License #902278 General A Conditions of Proposal 1. Allowing S &M Engineering, Inc. ( "S &M ") to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein, unless otherwise stated, are for immediate acceptance and are subject to change. 2. S &M shall be paid monthly progress payments, or as outlined in this proposal. if progress payments are provided in this proposal, on or before the 10"' day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to S &M. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site. 3. Back charges shall not be considered valid unless contained in a writing signed by S &M before the work is executed. 4. All sums not paid when due shall bear interest at the rate Hof 1' /s% per month from the due date until paid or the maximum legal rate permitted, whichever is less; all costs of collection, including the actual attorney's fees and costs incurred by S &M, the actual expert fees incurred by S &M and costs as.defined by the California Code of Civil Procedure shall be paid by Owner or its representatives. 5. If Owner or its representative fail to make a payment to STEM as provided herein, S &M may stop work without prejudice to any other remedy it may have. 6. Owner or its representative is to prepare all work areas to accept the work of S &M under the contract. S &M will not be called upon'to start work until sufficient areas are ready to insure: that S &M may continue to work until completed. 7. After acceptance of this Proposal, S &M shall be given a nmsonable time in which to make delivery of materials, equipment and labor and to complete its work under this Proposal. S &M shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to delays caused by the owner, general contractor, architect and /or engineers, armed conflict, act:; of terrorism or economic dislocation resulting therefrom, embargos, shortages of labor, equipment or materials, production facilities delays or transportation delays, labor difficulties, civil disorder of any, kind, the actions of civil or military authorities, vendor priorities and allocations, fires, floods, accidents and acts of God. 8- All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. S &M will not be responsible for special, incidental or consequential damages and shall not be responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. S &M's responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier. 9. Work called for herein is to be performed during S &M's regular working hours. Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative. 10- All materials shall be furnished in accordance with ther respective industry tolerances for variation in color, thickness, and size, finish, texture and performance standards. 11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, S &M may file a mechanic's lien, stop notice, payment bond claim or other claim on its own behalf in the event that any payment due to S &M is not made as and when provided for in the terms of this Proposal. 12. The subcontract form used between S &M and Owner's General Contractor will be the A401 subcontract, then current, as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal, or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal, then this Proposal shall govern. 13. Owner or its representative shall furnish all temporary sitei facilities, including suitable covered storage facilities and hoisting as required at no cost to S &M. 14. Owner and its representative, including its General Contractor, shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal, and no liquidated damages may be assessed against S &M for delays or causes attributable to other contractors or arising outside the scope of this Proposal. 15. Owner or its representative, including Owner's General Contractor, shall purchase and maintain property insurance upon the full value of the entire work and /or materials to be supplied which shall include the interest of S &M. Owner or its representative, including Owner's General Contractor shall furnish to S &M evidence that it has named S &M as an additional insured on said policy of insurance in an amount of no less than $1 million. 3 I _ „s S&M Engineefing Initial i< LM OR "A" PROPOSAL No. 2329 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 License #902278 General A Proposal submitted to: City of Cupertino Date Submitted: 05/09/13 Description: Storm Drain Repair Phone Number: 408- 253 -7071 Job Name: Street: 1055 Mary Ave. Job Location: SWST 3467. Homestead Rd_ City, State, ZIP: Cupertino, Ca. 95014 Work Phone: 408- 777 -3344 Fax Number: 408 - 777 -3399 Cell Phone: 408 -510 -1200 E -Mail: chrism @cupertino.org Contact: Chris Mertens We hereby submit specifications and estimates for storm drain repair. Scope of work to include: 1. USA jobsite before start of work. 2. Set up traffic control as needed. 3. Saw cut concrete and asphalt as needed. 4. Remove 4' of curb and gutter. 5. Remove two sections of sidewalk. 6.. Install new curb inlet. 7. Replace concrete as needed. 8. Replace asphalt as needed. 9. Clean -up work area and remove all debris from site from above scope of work. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees. 3. Repair of any unmarked lines, including; PC' )&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of ceitificates of deposits required. 5. Any overtime, weekend and emergency work. 6. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 7. Any unknown or unforeseen circumstances. 1 I P a fg - S&M Engineering Initial PIROPOSAL No. 2329 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 License #902278 General A We Propose to hereby furnish material and labor — in accordance with above specifications For the sum of: Eight Thousand & One Hundred Dollars ($8,100.00) Progress Payments 1. $1,000.00 Deposit Payment t0 be made as follows: 2. 25% upon start of project. 3. 25% upon rough inspection. 14. Balance upon completion of scope of work- S&M Engineering, Inc Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or :she has read, understood and agreed to the terms and conditions set forth on the last page:of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS' STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING -IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1 -800- 321 -CSLB FOR MORE INFORMATION. The services to be provided by S &M Engineering, Inc., DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. S &M Engineering is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company- 2 1 P a rI t: SMIJ Engineerirtg Initial PROPOSAL 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 279 -8340 * Fax (408) 287 -2844 Conditions of Proposal NO. 2329 License #902278 General A 1. Allowing S &M Engineering, Inc. ( "S &M ") to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein, unless otherwise stated, are for immediate acceptance and are subject to change. 2. S &M shall be paid monthly progress payments, or as.outlined in this proposal_ if progress payments are provided in this proposal, on or before the 10"' day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to S &M. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site. 3. Back charges shall not be considered valid unless contained in a writing signed by S &M before the work is executed. 4. All sums not paid when due shall bear interest at the rate of 1 %% per month from the due date until paid or the maximum legal rate permitted, whichever is less; all costs of collection, including the actual attorney's fees and costs incurred by S &M, the actual expert.fees incurred by S &M and costs as defined by the California Code of Civil Procedure shall be paid by Owner or its representatives. 5. If Owner or its representative fail to make a payment to S &M as provided herein, S &M may stop work without prejudice to any other remedy it may have. 6. Owner or its representative is to prepare all work areas to accept the work of S &M under the contract. S&M will not be called upon to start work until sufficient areas are ready to insure'that S &M may continue to work until completed. 7. After acceptance of this Proposal, S &M shall be given a reasonable time in which to make delivery of materials, equipment and labor and to complete its work under this Proposal. SAM shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control „including but not limited to delays caused by the owner, general contractor, architect and /or engineers, armed conflict, acts of terrorism or economic dislocation resulting therefrom, embargos, shortages of labor, equipment or materials, production facilities delays or transportation delays, labor difficulties, civil disorder of any kind, the actions of civil or military authorities, vendor priorities and allocations, fires, floods, accidents and acts of God. 8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. S &M will not be responsible for special, incidental or consequential damages and shall not be responsible for damage to its work occasioned by other pasties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. S &M's responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier. 9. Work called for herein is to be performed during S &M's regular working hours_ Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative. 10. All materials shall be furnished in accordance with the respective industry tolerances for variation in color, thickness, and size, finish, texture and performance standards. 11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, S&M may file a mechanic's lien, stop notice, payment bond claim or other claim on its own behalf in the event that any payment due to S &M is not made as and when provided for in the terms of this Proposal. 12. The subcontract form used between S&M and Owner's General Contractor will be the A401 subcontract, then current, as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal, or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal, then this Proposal shall govern. 13. Owner or its representative shall furnish all temporary site facilities, including suitable covered storage facilities and hoisting as required at no cost to S &M. 14. Owner and its representative, including its General Contractor, shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal, and no liquidated damages may be assessed against S &M for delays or causes attributable to other contractors or arising outside the scope of this Proposal. 15. Owner or its representative, including Owner's General Contractor, shall purchase and maintain property insurance upon the full value of the entire work and /or materials to be supplied which shall include the interest of S &M. Owner or its representative, including Owner's General Contractor shall furnish to S &M evidence that it has named S &M as an additional insured on said policy of insurance in an amount of no less than $1 million. 3 j P a g e SMVI Eng- imeering Initial a KIC rhr nt W—T— FiP R E STj\0' Ae- �� � tr .-} �1 Ii� rr'f .4.01 AW nt W—T— FiP R E STj\0' Ae- �� � tr .-} �1 Ii� rr'f .4.01 AW 09661 1 H "' FIN, Wf F. 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