80-037 O'Grady Paving, Inc., Stevens Creek at Railroad Widening, Project No. 80-42 { Cittj of Cupertino
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10300 Torte Avenue
Cupertino,California 95014
Telephone (408) 252-4505
June 9, 1980
O'Grady Paving, Inc.
385 Olive Avenue
Palo Alto, CA 94306
CONTRACT FOR PUBLIC WORK
We are forwarding to you for your files a fully executed copy of .the
Contract for Public Work between the City of Cupertino and O'Grady
Paving, Inc.
Sincerely, / S1
/allabl4
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
so
encl.
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• - CONTRACT FOR PUBLIC WORK
CONTACT made on June 6, 1980 •
the CITY CUPERTINO, municipal rp ithe S�
by OF CJ .l _+i�. , a t::11n - _'} � CO. �vrat On of State
of California , herei:af`er called the City , and L
. O'GRADY PAVING, INC.
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hereinafter called the Contractor.
• IT IS HERr3YAGREED by the parties as follows,: •
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1. The Contract ocumen t.s . The complete Contract con-
sists of he "following contract documents :
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a. The Plans and Specifications' entitled, "Stevens. Creek at Railroad •
• Widening, Project 80-42"
b. Various bond and insurance requirements •
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• c. Bid proposal -attached hereto as "Exhibit A"
Any and all obligations of the City and the Contractor are fully
set forth and described therein. •
All of the above documents ire - intended to cooper=ate
that any work called for in one and not menticned. in the other,
or vice versa, is to be executed the same as if mentioned in all
of said documents . The documents comprising the complete con-
tract are sometimes hereinafter referred to as the Contract Dccu-
Wants . In case of conflict between the Plans and Specifications
on the one hand , and this Contract on the other, the ?lams and
Specification: shall prevail.
2. The Work. The Contractor agrees tof isallof
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the tools , equipment , apparatus , facilities , labor, transporta-
tion , and material necessary tO perform and complete in a good
and wor n rilfle manner, the work of
Stevens Creek at Railroad Widening •
Project 80-42 •
wherein the Work is in preparation . Wherelthe Specifications
require work to be specially tested .or approved,. it shall not
be tested or covered up without timely notice to the City of
its readiness for inspection and without the approval thereof
or consent thereto by the latter. - Should any such work be
covered up without such notice , approval , or consent , it must ,
if required by the City , be uncovered for examination at the
Contractor' s expense .
7. Extra or Additional Work and Chanes . Should the
City at any time during the progress of the work require any
alterations , deviations , additions or omissions from the Speci-
fications or Plans or other- Contract Documents , it shall have
the right to do so , and the same shall in no way affect or make
void the contract , but the cost or value thereof will be added
to , or deducted fromthe amount of the contract price , as the
case maybe , by a fair and reasonable valuation , which valuation
shall be determined either by reference to the unit prices , if
applicable , or in accordance with the agreement of the parties ,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree . No extra work
shall be performed or change be made except by a written order
from the City , duly authorized by resolution of its governing
• body , and by all agencies whose approval is required by law ,
stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so ordered.
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. ' S. Changes to Meet Environmental Requirements . The •
City shall have the right to make changes in this Contract
• during the course of construction to -bring the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. The
Contractor shall be paid for by such changes either by reference
to the ,unit prices , if applicable , or in accordance with the
agreement of the parties , or in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree .
• 9. Termination , Amendments or Modifications . . This
Contract may be terminated, amended or modified, with the mutual
consent of the parties . The compensation payable , if any , for
such termination, amendment or modifications , shall be deter-
mined either by reference to the unit price , if applicable , or
in accordance with the agreement of the parties , or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree .
-10 . Time for Comoletion . All work under this Contract
shall be completed before the expiration of fifty (50) consecutive working
days from the approval of the contract. .
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' as . called. for, and in the manner designated in , and in strict
conformity with , the Plans and Specifications prepared by the
following named person:
Bert J. Viskovich, Director of Public Works
and adopted by the City , which Plans and Specifications are en-
titled, respectively , _
Stevens Creek at Railroad Widening
Project 80-42
and which Plans and Specifications are identified by the signa-
tures of the parties to this Contract . It is understood and
agreed that said tools , equipment , apparatus , facilities , labor,
transportation, and material shall be • furnished, and that said
work shall be performed and completed as required in said Plans
and Specifications under the sole .direction and control of the
Contractor, but subject to the inspection and approval of the
City , or its representative . The City hereby designates as its
representative for the purpose of this Contract the following
named person :
Bert J. Viskovich, Director of Public Works
3. Contract Price . The City- agrees to pay , and the
Contractor agrees to accept , in full payment. for the work above
' agreed to be done, the sum of ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN
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. HUNDRED EIGHTY-ONE DOLLARS ($172,781.00)
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subject to additions and deductions as provided in the Contract
Documents .
4. Disputes Pertairinz to Payment for Work . Should
any dispute arise respecting the true value of any work done ,
of any work omitted, or of any extra work. which the Contractor
. may be required to do, or respecting the size of any payment to
the Contractor during the performance of this contract , said
dispute shall be determined either by reference to the unit of
prices , if applicable , or in accordance . with the agreement of
the parties , or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree .
5. Permits ; Compliance with Law. The Contractor shall ,
at his expense , obtain all necessary permits and licenses , ease-
ments , etc. , for the construction of the project , give all neces-
sary notices , pay all fees required by law , and comply with all
laws , ordinances , rules and regulations relating to the work
and to the preservation of the public health and safety .
6. Insbection by the City . The Contractor shall at
all times maintain proper facilities and provide safe access for
inspection by the City to all parts of the work, and to the shops •
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If the !tractor shall be delaydein the work by the
acts or neglect of the City , or its employees , or those under
it by contract or otherwise , or by changes ordered in the work , •
or by strikes , lockouts by others , fire , unusual delay in trans-
portation , unavoidable casualties or any causes .beyond the Con-
tractor' s control, or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay ,
then the time of completion shall be extended accordingly .
This paragraph does not exclude the recovery of dam-
ages for delay by either party under other provisions in the
Contract Documents .
11. Inspection and Testing- of Materials . The Con-
tractor shall notify the City a sufficient time in advance of
the manufacture or production of materials to be supplied by
him under this Contract , in order that the City may arrange
for mill or factory inspection and testing of the same , if the
City requests such notice from the Contractor.
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• 12. Termination for Breach , etc . If the Contractor
should be adjudged a bankrupt , or if he should make a general
assignment for the benefit of his creditors , or if a receiver
Should be appointed . on account of his insolvency , or if he or
• any of his subcontractors should violate any of the provisions
of-the .Contract , the City may serve written notice upon him and
his surety of its intention to terminate the Contract , such
notice to contain the reasons for such -intention to terminate
the Contract , and, unless within ten days after serving. of such
notice , such violation shall cease and satisfactory arrangements
for correction thereof be made , the Contract shall , upon the
expiration of said ten days , cease and terminate . In the event
of, any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the right to take over and perform the Contract ; pro-
vided, however, that , if the surety within fifteen days - after
the serving upon it of notice of termination does not give the
City written notice of its intention to take over and perform
the Contract , or does not commence performance thereof within
thirty days from the date of the serving of such notice , the
City may take over the work and prosecute the same to completion
by contract , or by any other method it may deem advisable , for
the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby , and in such event the
City may , without liability for so doing, take possession of,
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and utilizes in completing the work, such materials , appliances ,
plant and other property belonging to the Contractor as may be
on the site of the work and necessary therefor.
13. The City ' s Right to Withhold Certain Amounts and
Make Application Thereof. In addition to the amount. which- the
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City may retain under Paragraph 21 of this Contract until the
final completion and acceptance of all work covered by the Con-
tract , the City may withhold from payment to the Contractor
such an amount or amounts as in its judgment may be necessary
to pay just claims against the Contractor or any subcontractors •
for labor and services rendered and materials furnished in and
about the work . The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. In
so doing, the City shall be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the . Contractor for any such
payment made in good faith. Such payment may be made without
prior judicial determination of the claim or claims .
14 . Notice and Service Thereof. Any notice from one
party to the other under the Contract shall be in writing, and
shall be dated and signed either by the• party giving such notice ,
or by a duly authorized representative of such party . Any such
notice shall not be effective for any purpose whatsoever unless
served in the following manner: (a) if the notice is given to
the City , either by personal delivery thereof to the City Mana-
ger of the City , or by depositing the same in the United States
. mails , enclosed in a sealed envelope , addressed to the City ,
postage prepaid and certified; (b ) if the notice is given to the
Contractor, either by personal delivery thereof to the Contrac-
tor, or to his duly authorized representative at the site of the
project , or by depositing the same in the United States tails ,
enclosed in a sealed envelope , addressed to said Contractor at
385 .Olive Avenue
Palo Alto, California 94306
postage prepaid and certified; and ( c) if the notice is given to
the surety or any other persons either by personal delivery to
such surety or other person, or by depositing the same in the
United States mails , enclosed in a sealed envelope , addressed
to such surety or person, as the case may be , at the address of
such surety or person last communicated by him to the party
giving the notice , postage prepaid and certified.
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15. Assignment of Contract . Neither the Contract ,
nor any part thereof, nor moneys due or to become due thereunder,
may be assigned by the Contractor without the prior written ap-
proval of the City.
16 . Compliance with Specifications of Materials . When-
ever in the Specifications , any material or process, is indicated
or specified by patent or proprietary name , or by name of manu-
facturer, such Specifications must be met by Contractor, unless
the City agrees in writing to some other material , process or
article offered by Contractor which is equal in all respects to
the one specified.
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.• • 17. Contract Security . 'The Contractor shall furnish
a .Surety bond in an amount at least equal to one hundred per-
• cent (1005 ) of the contract price as security for the faithful
• performance .of this Contract . The Contractor shall also furnish
a separate surety bond in an amount at least equal to one. - hundred
percent (1005 ) of the contract price as security for the pay ent
of all persons for furnishing materials , provisions , provender,
or other supplies , used in , upon, for or about the performance - •
of the work contracted to be done , or for performing any work
or labor thereon of any kind, and for the payment of amounts
• due under the Unemployment Insurance Code with respect to such
work or labor in connection with this Contract , and for the pay-
ment of a reasonable attorney 's fee to be fixed by the court in ••
case suit is brought upon the bond.
• 18. Insurance . The Contractor shall •not commence work
under this Contract until he has obtained all insurance reouired
under this paragraph and such insurance has been approved by the
.• City , nor shall the Contractor allow any subcontractor to com-
mence work on his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved. .
The Contractor shall furnish the City with satisfactory proof
of- the carriage of insurance required, and there shall be a
specific contractual liability endorsement extending the Con-
tractor' s coverage to include the contractual liability assumed
by the Contractor pursuant to this Contract and particularly
'Paragraph 19 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providing that thirty ' ( 30 ) days ' notice must be given in writing
to the City of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) Workmen' s Compensation Insurance and Em-
ployer' s Liability Insurance . The Contractor shall take .out
• and maintain during the life of this Contract Workmen ' s Compen
• sation Insurance and Employer' s Liability Insurance for all of
his employees employed at the site of the project and, in case
any work is sublet , the Contractor shall require the subcontrac-
• for similarly to provide Workmen' s Compensation Insurance and
Employer' s Liability Insurance for all of the latter' s employees
unless such 'employees are covered by the protection afforded by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification, required by Section 1851 of the Labor Code :
"I am aware of• the provisions of Section
3700 of the Labor Code which require every em-
ployer to be insured againsZ: liability for
workmeh' s compensation or to undertake self-
insurance in accordance with the provisions of
• the code , and I will comply with such provisions
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• before commencing the perfortance of the work
• of this contract . " •
(b ) Liability Insurance . The Contractor shall
take out and maintain during the life of this Contract such
Bodily Injury Liability and Property Damage Liability Insurance
as shall protect him and any subcontractor performing work cov-
ered by this Contract from claims for damages for bodily injury ,
including. accidental death , as well as from claims for property
damage , in ' eluding third-party property damage , to inciude . cov- L
erase on property in the care , custody and control of the Con-
tractor, and also including what are commonly knoirn as the "X, C
. C , and U" exclusions (having to do with blasting, collapse , and
underground property damage ) , which may arise from Contractor' s
operations undev this Contract , whether such operations be by
himself or by any subcontractor or by anyone directly or in-
directly employed by either of them and the amounts of such in-
surance shall be as follows : •
Bodily Injury Liability Insurance in an amount
not less than $ 300,000.00 for injuries , • C
including accidental death , to any one person ,
and, subject to the same limit for each person , -
in an amount not less than $ 500,000.00 , on
. account of one accident , and Property Damage
• Liability Insurance in an amount not less than
$ 200,000.00 The City and its officers and L
employees , shall be named as additional insureds .
on any such policies of insurance , which shall
• • also contain a provision that the insurance
afforded thereby to the City , its officers and
employees , shall be primary insurance to the
full limits of liability of the policy , and •
that , if the City, or its officers and employees ,
have other insurance against a loss covered by
such policy , such other insurance shall be ex-
cess insurance only.
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(c) Fire Insurance . The sha J
, ,ice out and maintain- for the benefit of both parties t • . is
Cont insurance covering loss by fire , extende . _ overage en-
dorsement •:.c--' _ s (windstorm, hail , explosion - ot , riot attending
a strike , civil - -- , ...tion , aircraft , v ' ' es , smoke ) , and van-
dalism and malicious mi - - ' ef upo ' e entire structure on which
the work of this Contract i e done to one hundred percent
(100% ) of the insurabl - ue ther.. _ _ . Proper evidence of such
insurance shall . - " rnished to the . If the j
. City provid- ,. e fire insurance hereunder, an• • - Contractor
desire oader protection than the perils of loss e , ex-
- - ‘ed coverage endorsement perils , and vandalism and mali `-
Supply in or ex, as the case may be , in the blank . •
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' ' _ sn, ' •will attempt to obtain7�• as u i
• - agrees o pa, _ - such
broader protection.
19. Hold Harmless . The Contractor will save , keep , and
hold harmless the City and all officers , employees , and agents
thereof from all damages , costs , or expenses , in law or in equity ,
• that may at any time arise or be set up because of personal in-
jury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said work , or
by reason of any infringement or alleged infringement of the
patent rights of any person or persons , firm or corporation in
consequence of the use in , on, or about said work, of any article
or material supplied or installed under this Contract . Notwith-
• standing the above , the Contractor shall wherever it is necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such warnings , signs , and
barriers as may be required to protect the public . The provisions
of the preceding sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of Work. Eight hours of labor during any
one calendar day and forty hours of labor during anyone calendar
week shall constitute the maximum hours of service upon all work •
done hereunder, and it is expressly. stipulated that no laborer,
workman , or mechanic employed at any time by the Contractor or
by any subcontractor or subcontractors under this Contract , upon
the work or upon any part of the work contemplated by this Con-
• tract , shall be required or permitted to work thereon more than
eight hours during any one calendar day, and forty hours during
any one • calendar week, except , as provided by Section 1815 of
the Labor Code of the State of California, work performed by
employees of contractors in excess of eight hours per day and
forty hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of eight
hours per day at not less than one and one-half times the basic
• rate of pay. It is further expressly stipulated that for each
and every violation .of Sections 1811-1815, inclusive , of the .
Labor Code of the State of California, all the provisions where-
of are deemed to be incorporated herein, the Contractor shall
forfeit , as a penalty to the City , twenty-five Dollars ($25. 00 )
for each laborer, workman, or mechanic employed in . the execution
of this Contract by Contractor, or by any subcontractor under
this Contract , for each calendar day during which said laborer,
workman , or mechanic is required or permitted to work more than
eight hours in any one calendar day and forty hours in any one
calendar week in violation of the provisions of said Sections of
the Labor Code .
The Contractor, and each subcontractor, shall keep an
accurate record showing the names of and actual hours worked
each calendar day and each calendar week by all laborers , work- .
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men , and mechanics employed by him in connection with the work
contemplated by this Contract , which record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or agents and to the Division of Labor Lam Enforcement of
the Department of industrial Relations of the State of California.
21. Wage Rates . Pursuant to the Labor Code of the
State of California, or local law thereto applicable , the City
has ascertained the general prevailing rate of per diem wages
and rates for holidays and overtime work in the locality in
which this work is to be performed , for each craft , classifica-
tion, or type of laborer, workman , or mechanic needed to execute
this Contract . The prevailing wages so determined are set forth •
• in the Specifications and made a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wage rates upon which the Contractor
or any subcontractor under him may, base any claim against the
City .
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it shall be mandatory upon the Contractor, and upon
any subcontractor under him, to pay not less than the said spe-
cified rates to all laborers , workmen, and mechanics employed
• in the execution . of the Contract . It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
• forfeit twenty-five dollars ($25. 00 ) for each calendar day , or
portion thereof, for each laborer,. workman, or mechanic paid less
than the . stipulated prevailing rates for any work done under
this Contract by him or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 2,775 of
the Labor Code. •
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In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives , supervisory ,
administrative , clerical, or other non-manual workers as such ) :
for which no minimum wage rate is herein specified; the Contrac-
tor shall immediately notify the City , who will promptly there-
aft,er determine the prevailing rate for such additional trade
or occupation and shall -furnish the Contractor with the minimum
rate based thereon.' . The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from the
time of the initial employment of the person affected and during
the continuance of such employment .
22. Accident Preve.nt.ion. Precaution shall be exer-
• cised at all times for the protection of persons (including em-
ployees ) and property . The safety provisions of applicable laws ,
building and construction codes shall be observed. Machinery ,
equipment , and other hazards shall be guarded or eliminated in
accordance with the safety provisions of the Construction Safety
Orders issued by •the Industrial Accident Commission of the State
of California.
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23. Payment . Not later than the 30th day of each
calendar month , the City will make partial payment to the Con-
' tractor on the basis of a duly certified approval estimate of .
the work performed and materials incorporated in the project ,
during the preceding calendar month, by the Contractor, but the
City will retain ten percent ( 10 5) of the
amount of each of said estimates until the .expiration of thirty-
five ( 35 ) days from the date of recording by the City of notice
of acceptance of completion of all work covered by this Contract ,
if such notice be recorded within ten days after the acceptance
o-f completion of such Contract as evidenced by resolution of .
its governing body; or, if such notice be not so recorded within
ten days , until the expiration of ninety-five ( 95) days after
the acceptance of completion of such work of improvement as evi-
denced by resolution of its governing. body, at which time and
not before , the City shall pay to the Contractor the whole of
the remaining ten percent ( to 5) of said contract
price so held back as provided; said certificates to be furnished
by and obtained from- the City ' s representative stating that the
payment or installment is due upon the basis of work completed •
and the amount then due and the City ' s representative shall , be- ,
fore the 15th of each month , deliver. said certificates under
his hand to the City, or in lieu of such certificates , shall de-
liver to the Contractor, in writing, under his hand, a just and
• true reason for not issuing the certificates , including a state-
rent of the - defects -, if any , to be remedied, to entitle the
Contractor to the Certificate or certificates . In event of the
' failure of the City ' S representative to furnish and deliver said
certificates or any of them, or in lieu thereof, the writing
aforesaid, within ten (10) days after the times aforesaid, and
after written demand has been made upon him for the same , the
Contractor may file demand with the City, and, in event said
certificates are not furnished within ten (10 ) days thereafter,
the same shall become due and payable . •
' In case the City' s representative delivers the writing
aforesaid, in lieu of the certificates , then a compliance by the
Contractor with the requirements of said writing shall entitle
the Contractor to the certificates .
The payment' of progress payments by the City shall not
be construed as an absolute acceptance of the work done up to
.the time of such payments , but the entire work is to be subjected
to the inspection and approval of the City, and subject to what-
ever inspection and approval niay be required by law.
24 . Protection of Public Utilities . The City shall
be responsible , as between the parties to this Contract only , for
the removal, relocation , or protection of existing public utili-
ties , if any , located on the site of construction , but only if
such public utilities are not identified by the City in the
Plans and -Specifications made a part of. the invitation for bids .
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• The.' City shall compensate the Contractor for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the Plans and Specifications , other than service lat-
erals when the presence of such utilities on the construction
site can be inferred from the presence of such visible faciii=
ties as buildings , and meters and junction boxes on, or adja-
• cent to, the construction site . The Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project , as provided in Paragraph 27 below , when such de-
lay is caused by the failure of the City , or other public utility,
to provide .for the removal or relocation of the existing utility
facilities . if the Contractor while performing the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications , the service laterals as herein-
above described., he shall immediately notify the City in writing.
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. 25. Contractor' s Responsibility for the Work . The
Contractor shall not be responsible for the cost of repairing
or restoring damage to the work caused by an act of God. NEVER-_
TE LESS , the Contractor shall , if the insurance premium is a
separate bid item, obtain the -insurance to indemnify the City •
for any damage to the work caused by an act of God. "Acts of
Cod" shall include only the following occurrences or. conditions .
and effects : earthquakes and tidal waves , when such occurrences
or conditions and effects have been proclaimed a disaster or
state of emergency by the Governor of the •Stste of California
or by the President of the United States , or were of a magnitude
at the site of the work sufficient to have caused a proclamation
of disaster or state of emergency having occurred in a populated
area: Subject to the foregoing, the •City shall not , in any way
or manner, be answerable or suffer loss , damage , expense or
liability for any loss or damage that may happen to said build-
ing, work , or equipment or any part thereof, or in , on , or about
the same during its construction and before acceptance .
26. Contractor' s Guarantee . The Contractor unquali-
fiedly guarantees the first-class quality of all workmanship and
of •all materials , apparatus , and equipment used or installed by •
him or by any subcontractor or supplier in the project which is
the subject of this Contract , unless a lesser quality is expressly
authorized in the Plans and Specifications , in which event the
- Contractor unqualifiedly guarantees such lesser quality ; and
that the work as performed by the Contractor will conform with
• the Plans and Specifications or any written authorized deviations
therefrom. In case of any defect in work , materials , apparatus
or equipment , whether latent or patent ; revealed to the City
within One (1) year of the date of acceptance of completion of
this Contract by the City , the Contractor will forthwith remedy
such defect or defects without cost to the City .
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27. Liquidated Damages . Time shall be of the essence
of this Contract . If the Contractor fails to complete , within
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' the time fixed for• such completion , the work hereinbefore men-
tioned and described and hereby contracted to be done and per-
formed, he shall become liable to the City for liquidated dam-
ages
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a's in the sum of FIFTY •
dollars (3 50.00 ) , for each and every day during which
said work shall remain uncompleted beyond such time for comple-
tion or unlawful extension thereof, which sum shall be presumed
to be the amount of damage thereby sustained by the City since
it would be impracticable or extremely difficult to fix the
actual damage ; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor, hereunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, dr his assigns and successors at the
time of completion , and his sureties shall be liable to the
City for any excess . - -
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• 28. Additional Provisions .
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IN WITNESS WHEREOF, the parties have executed this
Contract , in duplicate , the day and year first hereinabove
written.
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APPROVED AS TO F Pio: CITY OF CUPERTINO, a municipal •
corporation of the State of
California, herein called
. .�1 the City
�y Attor e - t
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By
- ry
ATTEST: - •
7-2,-- 6-.K:,::{,k, ,
•
City Cle> ::
CORPORATE ACKNOWLEDGMENT
State of California } S.S.
Palo Alto County of Santa Clara
-. On this_14t1�{ay of May , 19 80 ,before me_ Gwen Throckmorton ,a Notary Public in
• and for said Santa ClaraI
r.
County,personally appeared Thomas M. 0'Grady
(SEAL) —__ — — —
- known to me to be the —President
and ,known to me to be the
of the 0'Grady Paving, Inc. ,
the Corporation that executed the within instrument, and also known to me to be the person
who executed the within instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the same, and further acknowledged to me that such Corpora-
tion executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
�_ 1 OFFICIAL SEAL ' WITNESS my hand and official seal.
.l ; ��! ` GWEN THROPUBLIC MORTON e
�i�k! NOTARY PUBLIC • CALIFORNIA ` ��/ � -- - - - /- -
i I SANTA CLARA COUNTY
My comm. expires MAR 23, 1984 ik Notary Public in and for said Santa--clara County and State.
My commission expires March 23 19 84
P-169X 7/)9
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. -13-
STATE OF CALIFORNIA )
) ss .
COUNTY OF SANTA CLARA)
On , 19_, before me, the undersigned, a
Notary 'Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me,that they executed the same.
WITNESS my hand and official seal.
•
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss. '
COUNTY OF ..A;TA CLARA)
•
. On , 19_, before me, the undersigned, a Notary
Public in and for the said State, personally appeared
, known to me to
be the of , the
corporation that executed the within Instrument, known to me to be the person •
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
•
•
Notary Public in and for the County
of Santa Clara, State of California
REVISED/ March 28, loan I G ► a Cl
BID PROPOSAL
•
STEVENS CREEK BOULEVARD WIDENING - PROJECT 81-42
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In Compliance with the Plans and Specifications furnished for the
"Stevens Creek Boulevard Widening", Project 80-42, T, the undersigned,
hereby declare that I have read the proposal requirements and hereby propose
to, do all work required to complete the said work in accordance with the
Specifications and/or Plans for the amounts set forth herein on the
incorporated schedule.
The work shall be the installation of street improvements and
appurtenances on the streets outlined in the Specifications and/or Plans .
All necessary preparations as well as "cleanup" is included in the prices
bid and no extra compensation will be sought. All work will be done in a
workmanshiplike manner and will meet or exceed the embodied requirements
and/or the standards stipulated by the City Engineer.
The undersigned also understands that the quantities shown below
are estimates only, being given as a basis for the extension of the unit
prices bid. This extension will be the basis for comparison of bids by the
City Council. The City reserves the right to increase or decrease the
amount of class or portion of the work or to omit items as may be deemed
necessary by the Engineer.
A bid bond in the amount of 10% of the base bid is required. Award
• shall be to lowest bidder; however, the City Council reserves the right
to reject any or all bids .
Additive alternates will be awarded if monies are available at the
direction of the City Council.
�, • II
REVISED: March 28, 1980
BID ESTIMATED Ur- . ... ,
ITEM- UNIT ITEM UNIT PRICE TOTAL .
1. Lump Sum Provide all street excavation
and subgrade prep-rattan com-
ple a for ,.rC-
. Dollars/L.S.
2. 6,100 SF. Provide for removal of pave-
I meat at median and crosswalks •
complete for o.K dollt
�C- cev�is $ � — S.F. $ 1-73)-00
Dbllars/S,F.
•
3. 7,680 S.F. Provide and install street pave-
ment including asphalt concrete,
agg. base material, prime coat, ac-. �7
ata ack coat. complete for .4%...1.0 $ 01 S.F. $ /7&g0
cF'o(;Ms 4 � -4 ..t ce.,iL /
Dollars/S.F.
4 . 200 Ton Provide and install asphalt
concrete overlay including
prime coat coppl.ete for
�`L-I-.-/ CIO(i►NQSn
$ SO .-
Ton $ /dODIC
Dollars/Ton
5. 380 L.F. • Provide and install type A2-6
cpprb andutter complete for
+Pm rto(LQc annc- n‘vr\eLco - / Ps
. rPt-+FS $ 10 — TL.F. $ r/'Y�
Dollars/L:F.
• 6. 670 L.R. Provide and install type B3-8"
extruded concrete curb complete G (l
for --lour C1oU oc d 4T.,2t G
—
L.F. $ ,t/0/T
. eehliS $ 4-
Dollars/L.F.
do for removal of eriet4n6 .
curb and gutter complotc for NOT IN
CONTRACT
$
s nr
8. 1,900 S .F. Provide and install 4" P.C.C.
sidewalk including base com-
plete and. in place for -Fcak�
do114-os TS -Inki-et.iiri cew,1c 16
$ a-' S .F. $ .6I30
Dollars /S.F.
•
• '
$ID
'.ESTIMATED QTY.
ITEM . UNIT ITEM UNIT PRICE TOTAL
•9. 80 L.F. Provide and install 12" diameter
Class IV reinforced concrete
pipe (RCP) complete anidfin
n place for e. JL4-,e& 6041P,125
$ ,1 S L.F. $ /1/7/40
• Dollars/L.F.
10. 2501.F. Provide and install 21" diameter
Class IV reinforced concrete
pipe (RCP) compete and n
U;
place for -- e,, n; t aol k 1g' pp
$ -low L.F. $ 7.a5Ot
Dollars/L.F.
11. 155 L.F. Provide and install 36" LMP
(invert paved) , 14 gage complete
and in place for 5.061.1 one
c t46tiS / oU ,J.7
$ 6�— L.F. $ 17 _
Dollars/L'.F,
12. 40 L.F. Provide and install 21" steel
pipe wall (1/4" min. thickness)
' complete and inplace for
6ne hw•Nclac0 cdo1&j c• CL
$ 115L.F. $ 0
Dollars/L.F. 777 �
13. 6 Each - Provide and install standard
storm sewer manholes complete q
and in place f ,r on{ 1pticavY
--lu,h kun[CIVPd • •
•
r�
• Dollars/Each $ IQ)() Each $ /..106
•
14. 1 Each Provide and install City standard
curb opening drop inlet complete
and iip� place for
k u di4 d Iv C , '1447/
$ Rcao Each $ gair
Dollars/Each
15. 1 Each Provide and install standard 2' x
2 ' junction box with open grade
cover complete and in ,place for
Se��N huwo'trel d `•
cib 11 AQs _ CC
$ /,DQ Each $ 7SC
Dollars/Each
REVISED: March 28, 1980
I • 1 '
BID ESTIMATED QTY.
ITEM WIT ITEM UNIT PRICE TOTAL
16. Lump Sum Reinstall standard fire
hydrant lateral con late and
in p1 ce or
K.tU reN o Mia
$ OO L.S. $ ca/OO
Dollars/L.S. .
17. 9 Each Provide and install 1" water
- service to the existing water
meterp complete for 47%,.�
KorAred 4 -Ewer1 d apc, /
$ Sap Each $ '/(ACU
Dollars/Each
10. 1 Lails rrovidc and install 400 watt
electrolicr complctc cnd in
•
placo for NOT IN
CONTRACT
• - $
Dollars/Each
19. 4 Each Provide and install P.C.C.
wheel chair ramps including
base material cpmlete for
5eutm hu cel CiONA4S
$ 100 Each $ o2g1Lo6
Dollars/Each
20. 2,200 S.F. Provide and install inter-
_ locking paving stones at
crosses lk complete' for_
•
S;XOI�FIQS / SO �
• cat,t�S. ► $ (O— S.F. $ /V.�n/O
Dollars/S .F.
21. Lump Sum Remove and relocate existing
business signcompleje for
c,I/ I-twin/re fc/O//.et' /
$ 600 L.S. $ 4OO --
Dollars/L.S.
22. 1 Each Provide and install street
- monumep,nts in ,pi ce for-{tt
rIo//nn
$ -200 Each $ 'c)
Dollars/Each
REVISED: March 28, 1980
. BID ESTIMATED QTY.
ITEM UNIT ITEM UNIT PRICES' TOTAL
23. Lump Sum Provide and install land- .
scape soil complete an in
p�enf�' ,rktr-i2t4- .
$ /100 L.S. $ /9100
Dollars/L.S.
24. Lump Sum Provide and install land-
scape irrigation system
complete and in pita lfor
C -$io�Ac1wn .ct&� ao-J
$ &'p2 0 L.S. $ L^DOO
Dollars/L.S.•
�-
25. Lump Sum Provide and install landscape
planting compj
eta fore ,sc.
muffin cfo4
$ 17()co L.s. $ 7 00 o
Dollars/L.S.
26. 8 Each Adjust existing valve boxes
and monument boxes to grade
' com to or one [ectuil/C,
itrf tie//me05
c $ /65- 'Each $
Dollars/Each
•
27. 2 Each Adjust existing manhole rim
and cover to gr de omple e
fo r /CeS.
-pt.! o flvrr $ /6 5 ��e $ 2336
Each
Dollars/Each
28. Lump Sum Provide and install traffic
signal modi ication com. ete"
for A-A ' -La/ /r Scny
AY
$o?OCI..s. $f2cCco
Dollars/L.S.
29 . Lump Sum Provide for removal of
existing traffic island and
plug with asphalt co crete n
com�1 e fi:' 5t�w/iUndlrel,
170/1,9125 $ 700 L.S. $ 706
Dollars/L.S.
Ar i1
• TOTAL BASE BID 7
REVISED: March 28, 1980
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r
086T `8Z 1.1a1 :23SIA3j
•
- � s
43E12 20S/- S �° �J
G o3 �'3cle0
9ATUA p a sats pus dsa
J
03 „ZT TTs3SUT pus apTnoaa - IRE'S T h-V
Itu
005/ S �aS 005/ E3/SSETT°Q q
WI/4o pol,P—y
� 3 aaTdmoo
anTan p aXaaTs pus dsa og
° uZT TTsasuT Pus apTAoad 40a3 T £V
'3"j/rani[on
(7/41" s •3•z s
�/ o/ o��J �yS
t /DT aos Td IIT pus
a3efddmo6 a•0•V '09 pas-nbaa
TT? TTs2su3 pus apu.oaa 'a"I 06 Z-V
I '3'Z/sasT.Toa
//O/` ./7 it
' 1o3/3Osid uT IIs
aaadmdo' •a•0•V „8 PaaTnbaa •
TT? TTsasuT pus apTAoad '3"I 06 T-V
'MOI MIEd SINK N3II IINn Rami
'Emb aawwnnsa aas
• SN2II CIE 3IVNSSIZV
3AIIInav
A. BID DOCUMENTS, continued
•
BIDDER QUALIFICATION FORM
•
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-.
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(l). How many years has your organization been in business under :its
present name? X. -
•
(2) How many years' experience is work comparable with that required
under the proposed contract has your organization had by this or
any other name? 011. •
(3) Contractor's License No. -5(1/6m96, , State of California,
Classification / L •
(4) List work similar in character to that required in the proposed
contract which your organization or personnel in your organization
has completed within the past three years.
Year Class, Location of Work and for Whom Performed Contract Amount
(4 „tato yThe,7c�,rt APRJte 1onnnn n.ro SS, oon -
'79 Coho /9 -n0� 70".1-,(ro /.5o eon
'79
04. .11,1-, 1 1 9,4 a.� , R 4 A ¢ iuO ' 9a/aoo-
12_2 4t- h Cr4/0,' l.-» cn 1E id X02, oon-
1280 6-ti i)2.4 Ql. I bzw. . C'ni eli ten Rvenno 5/5, ya.a-
'79-80 4ln el 1Jm17,:ve, n<t. , Portu.�rJ 44122-01 0i4 -
$Q_
1111.7 '(t i r rriVn oo / V i:rjnry 1/Afi - o /` /a 9n'7
J
C'o Na?0 ,.,ortr/ fir,/ v a3
X78 C'. t,/ 1 , Qr,}1:r� Inanin V,Jain 7(1;1 3.,000 -
•
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• 7/14 .. . :.
. ; • ' PROPOSAL.:.Page .� .
(This carcific _ion shall he executed ' idder in
,P..odardanee with instructions in the Fair Er.Tioymel,c Practices
requirements of the Special Provisions . The : i_ ier shall
execute the certification at the time of submitti 's, his bid. )
FAIR EMPLO•.'>tENT ?2\CTICIES CrRTIFICASON
•
Tile undersigned in submitting a bid for performing the
following work by contract, hereby certifies. chat he has . or
• will meet the standard of affirmative compliance with the
Fair Employment Practices requirements of these. Special
Provisions .
•
I�
Signature of car
•
•
Business Aearess "
Pia_e or Resictrce
•
.:cs4u. - Page 8/14 •
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. .
. . LU.NLK.KL..A UK JL U LK:!U: J
THE EQUAL ?FORTUNITY CLAUSE AND T'-!F FILING OF
REQUIRED
The 'bidder /' ; proposed subcontractor hereby certifies .
that he has / , has not , participated in a previous con-
tract or subcontract subject to the equal opportunity clause ,
•
. as required by Executive orders. 10925 , 11114 , or 11246 , and
•
that he has V _ has not filed with the Joint Reporting.
Committee,. the Director of the Office at. Federal Contract Com-
pliance, a Federal._ Government contracting or admin_ tering agency ,
or the former President' s Committee on Equal EmpLoyr.,ent Oppor-
tunity, all reports due under the applicable filing requirements .
•
•
Coon' --
•
•
By: erri eta
/. /
. rrtanic�Denk
( LtLe)
Date: Opnli ,.Q, /9Xc •
Note: The ave certification is required by the Equal. Employment
Opportunity Regulations of the Secretary of Labor (=l Crit .
60-1 . 7 O) ( 1.) ) , and mus_ be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts
wH .h are subject to the equal opportunity clause. Contracts and
.s .occntra'cts wnich are exempt from the equal opportunity clause
are set forth in 41 CFR SO-L. :. (Generall,y only contracts or
s•_:contracts :,f $10 ,000 or under are exempt. )
Currently, St:ndard Form ' 00 (_EO-I) is the only report required
by the-Executive Orders or ; eir implementing regulations. •
Proposai p=ine contractors and subcontractors who have partici- --
pated in a previous contract or subcontract subject to the Execu-
. tive Orders and have not . " ted the required retorts should note
that 4. CFS 6C-L. 7 (b) .(1 ^ events the a:.trd of contracts and
subcontracts unless such , :•atractor submits a report coverinc the
ieLi cuent period or suc ' -..her per '_od specified by the Federal
Hiway Admi `.stration 17 the Di_ e•_tor , ct `. e of Federal
Ccrtract Compliance ,. .: S . Depart*en : o: _ -=or.
•
•
Page /14
-c ,..1 .3 ci Li-zavic snail oe executed by the s'u.C__ssCbidder in.
N . . . accordance with ;tractions in the Federal ''Requirements in
.this booklet., bu ,idder may oxocute' the iidav:t ' on this •
page at the time of submitting his bid. )
NON-COLLUSION AFFIDAVIIT
The undersigned in submitting a bid for performing. the fol-
lowing work by contract, being duly sworn, deposes and says :
That he has not, either directly or indirectly, entered .
into any agreement, participated in any collusion, or otherwise
taken any action. in restraint of. free competitive bidding In
connection with this Contract. . . ,
• •
FOA:. O' o ,3C>Z vetw. Ct2 AO�eiW oCLoL.�1JIQ anti-rill
q.
S OW 4 .�
•
p n Signature of Bidder
38.5 d11; Aionrra T-1 On Pgto
Business/ Address
•
/..3o uio0Ian_ Hali/ On Ao4"n
Place cf Resi3 ,Or,
'
Subscribed and sworn to before me this J,Q C.0-itIs .
day of ,n.
Notary Public in nd tor the County of
sC Q1 0 eU • . State of California.
My commission expires 19 gri
•
rc
��
OPF:C7AL SEAL '
liChtc, .NORMA GENE PECK
., t;.,.' , I..i.I ':`:\L .:,',:Ica to [y
•; - SAN.A CLAN,. ct,iiibify I.
My Comm. E_piru, P.prll 19, I951
/ / fl4 i, „
Signaturo
•
E.RCPCSAL - Page 10/14
•
.A.- �® I do not:. _end to subcontract an' lork on this
project.
• B. p Ido intend to subcontact portions of• the work on
this project.
r.
. ' . •In. accordance with. the provisions of Part III , • '
"Participation by Minority- Business Enterprises in . '
• Subcontracting;." in Section 106-1.04 of the special
• • : provisions , I have taken affirmative action to seek out • .
. .and consider minority business enterprises far the
• • • portions of the work which are :intended to be subcon
• • • treated and chat such aFtrmative actions are .fully
. • - documented in my records and are available upon request.
• In addition L will take such affirmecive - 'ir. on any
future subcontracting for the Life of this contract. .
: Note: The bidder shaLL check box A or box B. If the bidder
does not check a box it Will. be deemed that he. has *
checked box A.
• CT/C�nrl I, ? ) &c .
•
. . .. . - " .M. . . f / '
• can=- c ..,r .
Date': �nL0 a. , 19-5.a...-__.. . .
•
The above certification is required by 23 CFR 230 as published in
the Federal R_.;ister, Vol, 40, No. 211 - Friday;• October 31, 1975 .
-. .
. . . r'
•
• - Pk: `tai. - Page 11/14
--. "EnO/AFCr.MA'TI'•f' r\ :': ION RE'cu:R:: ^
e :dL ,ii lddr C RTIFI::S T!iA - :.. `:u..T•RACCrR
• WILL INFORM , IN .:R1T`'.G , EACHSUGOo: A: I-RUTIL-
ICED ON THE PROJECT Or ITS EEO/AFF 'L:_% L' ACTION
OBLIGATIONS. SPECIFICALLY THE CONTRACTOR CERTI-
FIES THAT IT WILL INFORM :ACH RESPECT:7E SU2C
oN-
TRACTOR OF ITS OBLIGATIONS
1. UNDER THE TERMS A:ID• REQUIRE:TENTS 'T7 ?ART II OF
THE MODEL FEDERAL BID CONDITIONS (CCMTALNED
' EC :•- �RCS' LSI Ns RE-
:
'IN SECTION L06 ) , INCLUDING THE .
LATENG TO THE 18 .O TO 21 . 7% =MINORITY UTILIZA-
TION GOAL AND TRAINING.
2. TO ASSURE THAT IT MAKES ALL SW:CONTZAC :NG RE-
QUIREMENTS IT MAY -AVS KNOWN TO .:I CRI ' . CON-
TRACTORS AND TO ASSURE THAT THEY ARE PROVIDED
AN ADEQUATE OPPORTUNITY TO COMPETE FOR SUCH
SUBCONTRACTS .
3 . REPORT TO TT? CONSTRUCTIONCONSTRUCTION :�s+:i=.�:==. , RcrAJS 0?-
ERATIONS DIVISION , SANTA CLARA CCLNTY TRANSPOR-
TATION AGENCY , 1577 ?ERGER DR ?:: JCS: ,
CALIFORNIA 95112 , THE
HE .NATURE AN: TOL.' AMOUNT
OF SUBCONTRACTS AWARDED TO MINORITY - : ^RS
-
SY NAME ETHNIC CATEGORY , AND SEX I. .FE:LA_
OWNED BUSINESS .
B; .dors 3=r-ac -Z?
0(144
•
0
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P`:'Cel;• — Page 12/14
Name of Pro-^"Qd Sub-Contractor, if any
• (Secti_ +104 Government Code)
• 1. /ntS c_
2. edi &41( `
3. C V fi
4. .
5.
6.
•
Address of Shop or Office of Sub-Contractor
�� (Section 4104 Government Code)
1. /�'�/ " 1Ai/ •
•
2. 5,572.vcJO‘e
3. _4,54C'vle1
4.
5.
6.
Work to be performed by Sub-Contractor
(Section 4104 Government Code)
1. % .
2. . A CZ
3. Per-to .,C
4.
5.
6. •
•
• PROPOSAL Page 13/14
N •
. : . TYYOU ARE AN INDIVILuna., SO STATE. IF YOU ARE A FI OR C0-PARTNERSHIP,
• STATE THE FIRM NAME AND LIST'THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual
Co-Partnership �y
Corporation 77.43 1nvin7 .9mr ,
Joint Venture
Other •
(describe)
NAME AND
SIGNATURE OF BIDDER:
•
esn . It .
lif
fling • - • .(09 e, -• •
� : • •ress
Date ' lF"^"f a /9 Rei faro PP 9iJ q ,
Addenda Received:
0 0 3 4 5
Proposal Page 14/14
- `ertificaje of Insuranc-
.odo e
THIS CERTIFICATE IS (ISSUE.: no A MATTER OF INFORMATION ONLY AND CONFERS LIGHTS'UPON THE CERTIFICATE NOLDEfl,
THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED`BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AVEXCX BROKER
COMPANIES AFFORDING COVERAGES
CORROON & BLACK-MILLER & AMES /�
I r,`, •: J. 50 CALIFORNIA STREET r LEETMTEF Yr/P Uniguard Insurance ' Company. �:•
• SAN' FRANCISCO,'CA 94111 -
• 1"C
COMPANY
..
NAME AND ADDRESS OF INSURED.' r r • - COMPANY_A � - t
O'GradynPaving. :Snc: I' CE TER {.►`
P. O. Box 366, Station A
Palo Alto; California 94306 - L�ERNY
COMPANY E -
LETTER
This Is to certify that policies of Insurance listed below have been Issued to the Insured named above and are in force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect to which this certificate 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.
COMPANYPOLICY I Limits of Liability in Thousands(000)
- LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY BODILY INJURY
ITv�ry(
$ 500 $500
A LTy']I COMPREHENSIVE FORM CL 178 992 5/1/81
El PREMISES-OPERATIONS PROPERTY DAMAGE $ 250 $250
®EXPLOSION AND COLLAPSE
HAZARD
®UNDERGROUND HAZARD
®PRODUCTS/COMPLETED
OPERATIONS HAZARD ,* a • BODILY INJURY AND
®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $
®BROAD FORM PROPERTY COMBINED
DAMAGE
❑X INDEPENDENT CONTRACTORS
❑X PERSONAL INJURY PERSONAL INJURY $500
*BLANKET
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) $
A E COMPREHENSIVE FORM CL 178 992 5/1/81 •
BODILY INJURY $
El OWNED (EACH ACCIDENT) o
® HIRED PROPERTY DAMAGE $
® NON-0WNED BODILY INJURY AND $ 50.0
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
❑ UMBRELLA FORM PROPERTY DAMAGE $ S
❑ OTHER THAN UMBRELLA COMBINED
FORM •
A WORKERS'COMPENSATION CA STATUTORY
and WC 155 455 7/1/80 •
-
EMPLOYERS'LIABILITY $ 101 (Ice ACCIDENT)
OTHER
DESCRIPT.ION OFP RATIO A7 S LES
Policy .FCL-� 992-"comprehensive General Liability-The Certificate Holder, its
officers & employees are Additional Insureds solely as respects work performed
by or for the Named Insured in connection with Stevens Creek at Railroad
Widening Project #80-42. Such insurance as is afforded by (See Over)
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will MOOT to mail 30 days written notice to the below named certificate holder,WAMOHNXXo
XNA4 RIIXRP TIP ASRrinegRXft§ttl AggtakAri kAX } ATXM 1•
NAME AND ADDRESS OF CERTIFICATE HOLDER: May 6, 1980
City of Cupertino DATE ISSUED:
A Municipal Corporation Of The
/JJ State of CaliforniaW (Ad c -
Cupertino, California �'????���"' AUTHORIZED REPRESENTATIVE
ACORD 25(1-79) '
Policy #CL 178r992' •is Primary': Insurance and no other insuranceof the Additional
Insureds will be called upon to contribute to a loss .
It is understood and agreed that the insurance company waives its rights of
subrogation against City of Cupertino, its officers and employees which may
arise by reason of payment under Policy #CL 178 992 in :connection- with' •the
aforementioned job.
CORPORATE ACKNOWLEDGMENT
State of California } SS
Palo Alto County of . .
Santa Clara .
t. On this lythlay of__ May __, 19 80 ,before me____Gwen Thro ckmox_toa ,a Notary Public in
and for said Santa Clara _ County,personally appearedThomas M __Q'Gx25iy
' - (SEAL)li
known to me to be the_Pzasisieut. ___ —
and — --_________— — ,known to me to be the
____ ______—__ofthe_D_Lfrady--Pauing-,--Inc -,-
the Corporation that executed the within instrument, and also known to me to be the person
who executed the within instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the same, and further acknowledged to me that such Corpora-
tion executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
'• r OFFICIAL SEAL—1
i , s GWEN THROCKMORTON `I WITNESS my hand and official seal. i / /
A, NOTARY PUBLIC.- CALIFORNIA .-e'1�.��-y_tt /
•
r l 4� J SANTA CLARA COUNTY � --- - -� - - - - - -
Icomm.My expires MAR 23, 1984 Santa Clara
Notary Public in and for said County and State.
__—_
My commission expires_____March 23 , 19_x_4__
State of California On May 6, 1980 , before me, the undersigned,
ss. .a Notary Public of said county and state, personally appeared
County of San Francisco
J. M. Albada
known to me to be the Attorney-in-Fact of
besessbestticasewt-frame.egrftewatescresa United States Fidelity and Guaranty Company
OFFICIAL SEAL the Corporation that executed the within instrument, and known
�` MOLLY PU LIC-CAO. JANSEN
����r ,• NOTARY PUBLIC-CALIFORNIA I to me to be the person who executed the saidinstrument on
a ! City and County of SAN FRANCISCO r behalf of the Corporation therein named, and acknowledged to
My Commission Expires June 11.1983 ,
me that such Corporation executed/ the same.
c-171
j / / 1lNOTARY PUBLIC
FAITHFUL PERFORMANCE BOND
Bond No: . 73 20-5Q41-80
Premium: $1,3,.,5.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, O'Gra.s Ervine. Incorporated
as Principal and United States Fidelity and Guaranty Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of •, _ , „ _ , ., _ • , „ _ _ _. _ Dollars
($ S172,781 00 ) lawful money of the United States, f9r the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, •
WHEREAS, the Principal has entered into a contract dated
with the Obligee
•
to do and perform the following work to-wit:
•
Stevens Creek at Railroad Widening, Project 80-42
••
•
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect."
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 6th day of May , 19$0 -
(To be signed by Principal
and Surety and acknowledgment.) O'Grady Paving, Incorporated
•
By: e`` � /+ .
Principal �_
United States Fidelity and Guaranty Company
•
( Surety
B - '
y: M tit/D1
Att rney-in-Fact
J. . Albada •
The above bond is accepted and approved this day of , 19
` ..
LABOR AND MATERIAL BOND
''
Bond No: 73-0120-5041-80
KNOW ALL MEN BY THESE PRESENT:
The premium charge for es,
bond is Included In the charge '
for the Fcrfurmance Eond.
WHEREAS, the City of Cupertino, State of California, and
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
•
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
' contractors , shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of' the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and
United States Fidelity and Guaranty Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns , jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons , companies , or corporations furnishing materials,
provisions , provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
_contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams , implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
One Hundred Seventy-two Thousand Seven Hundred Eighty One Dollars
($ 172,781.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors , heirs, executors , •administrators, successors or assigns, shall
fail to pay for any materials, provisions , provender or other supplies or teams
used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the same and also will pay in case suit is brought upon this bond,
such reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 1184.1 of the Code of Civil
Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Ma 6, 1980
State of California On May ,before me, the undersigned,
ss. .a Notary Public of said county and state, personally appeared
County of San Francisco J. M. Albada
i
known to me to be the Attorney-in-Fact of
United States Fidelity and Guaranty Company
- a
1. ,�.,e4� OFFICIAL SEAL the Corporation that executed the within instrument, and known
a t MOLLY O. JANSEN to me to be the person who executed the said instrument on
yg,YY_"��" NOTARY PUBLIC-CALIFORNIA • behalf of the Corporation therein named, and acknowledged to
`mu cay and County dt SAN FRANCISCO r
MyCommission Expires June 17,1480 , me that such Corporation executed the same.
. .. ..v.a v_ .. w�. �... ..+.mss ...,.....•I .tel/—/y//�� p / _
IJJo (9 NO ARY VPUBLIC
CORPORATE ACKNOWLEDGMENT
State of California Santa Clara } S.S.
Palo Alto County of
On this I4tliay of May , 19 80 ,before me____Gwen Throckmor ton ,_a Notary Public in
•' and for said Santa Clara County,personally appeared 'Thomas lrf:-U Grady(SEAL)
i known to me to be the_President
and — known to me to be the
of the O'Grady Paving, Inc.
the Corporation that executed the within instrument, and also known to me to be the person
who executed the within instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the same, and further acknowledged to me that such Corpora-
tion executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
��.�`, < OFFICIAL SEAL
t 1 ' GWEN THROCKMORTON WITNESS my hand and official seal. �/
=m-J*;
CW
Labor and Material Bond Page 2 •
•
And the said Surety , for value received, hereby stipulates , and agrees
that no change, extension of time , alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time , alter-
ation or addition to the terms of the contract or to the work 'or to the speci-
fications.
•
IN WITNESS WHEREOF, this instrument has been duly executed, by tate Principal
and Surety this 6th day of May , 19 SO •
O'Grady Paving, Incorporated -
i be signed by •
Principal and Surety • By• - 0911 _
•
and acknowledgment g� Principal
Rand notarial seal
� attached.)
United States Fidelity and Guaranty Company
Surety
Q
. . By: •I'� ` �l•
.0 A�. a �.
for ey-in-Fact •
. M Albada,
The above bond is accepted and approved this day of
19
•
•
. .
•
•
•
•
•
•
•
•
,I,
a `
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
Na 87590
Know all Men by these Presents:
That .UNITED' STATES FIDELITY AND GUARANTY COMPANY, 'a corporation organized and existing under the laws of the.
State of Maryland, and having its principal office at theCity of Baltimore, in the State of Maryland,,does hereby constitute and appoint,
J. M. Albada
of the City of San Francisc,o , State of. California
its.trueand lawful attorney inand for the.State of California.
for the following purposes,to wit:
To sign its name'.as surety to, and to execute,seal and,acknowledge any and all.bonds; and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a partof this Power of Attorney;,and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its.Board of Directors,'hereby ratifies and confirms all and whatsoever the said
S. M. Albada
may lawfully do in the premises by virtue of these presents. .'
In Witness Whereo/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY.has caused this.'instrument to be
sealed with its corporate:.seal,.duly attested bythe signatures of its Vice-President and Assistant Secretary,this 2'.i t hday of
February ,A;D. .19 77
UNITED STATES FIDELITY AND GUARANTY.COMPANY.
(Signed) $y John Hamilton '
Vice-President.
(SEAL)
(Signed) Ray H. Britt
Assistant Secretary.
STATE OF MARYLAND,
BALTIMORE CITY,, as:
On.this: .25th' day of February , A. D. 19 77bofora.me personally came
John Hamilton ,Viee•President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Ray H. Britt ,Assistant.Secretary of said Company,with both of
whom I'am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said John Hamilton and Ray H Britt were respectively
the Vice President and the Assistant Secretary of the said UNITED STATES .FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the sealof said corporation; that the
sealaffixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like ordex as Vice-President and Assistant Secretary, respectively, of the Company..
My commission expires the firet.day in July,A.D.19.7.0.......
(SEAL) (Signed) Herbert: J A
Notary Public.
STATE':OF MARYLAND l
BALTIMORE CITY, !} et"
I Robert H. Boase ,Clerk of the Superior Court of Baltimore City, which,Court is.a
Court of Record, and has a seal, do hereby certify that Herbert J. Hull ,.:Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed ins name, was at the time of so doing a Notary Public of the.
State,of Maryland, in and for the. City of Baltimore, duly commissioned and swornand authorized by law to administer oaths andtake
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with thehandwriting of the said
Notary,and verily believe the signature to be:his genuine,signature.
In Testimony Whereo/,:I,.hereto set my band and affixthe seal of the Superior Court of Baltimore City, the same being a Court
of Record,this 25th day of February , A. D. 1977
(SEAL) (Signed Robert H. Bou§e
BO...
Clerk al rhe;Superior Court of Baltimore City.
m 3 (947)
COPY OF RESOLUTION •
That Whereas,it:is necessary for theeffectual transaction of business that this Company appoint agents:and attorneys,with power
and authority to act for it and in its,name in States other than Maryland,and in.the Territories of the United States and in the Provinces
of the Dominion of Canada and'.in the,Colony of Newfoundland. - - -
There/ore, be it Resolved, that this Company do, and it hereby does, authorizeand empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact, or agent or agents of said Company, in its name,and as its act, to execute and deliver any and all con-
tracts guaranteeing the fidelity of persona:holding positions of publicor private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed,and
Also, in its name and as its attorney or attorneys.in-fact, or,agent or agents to execute and guarantee,the conditions ofany andall
bonds, recognisances„obligations, stipulations, undertakings or,anything in the nature of either of the same, which areor may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States,or of the.Provinces of the
Dominion,of Canada or of the Colony of Newfoundland, or by therule®ulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local,municipal or otherwise, be allowed, required or permitted tohe executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of,by or for any person or persons, corporation, body, office, interest,.
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything,in the nature..of either of the same.
Mark F. Boyeran Assistant Secretary of the UNITED STATES FIDELITY'AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
J. M. Albeit!'
San Francisco , California' him.
of - -, authorizing and empowering tosign bonds'as therein set
forth,which power of attorney has never been revoked,and is still,in full force and effect.
And I do furthercertify that said Power of Attorney was given in pursuance of a resolution adopted at,a.regular meeting..of'the
Board of Directors of said,Company, duly called and held at the office of the Company in the City of Baltimore, on the. 11th day of,
July, 1910, at which meeting a quorum of the Board of Directors was present, and thatthe foregoing is a true and correct copy of said
resolution;and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have,hereunto set my hand,and theseal,of the UNITED STATES. FIDELITY AND•GUARANTY
COMPANY on may 6, 1980,
(Date)
;
\AA ^z1 / — `
Assistant Secretary. -.
�s „