97-027 O'Grady Paving Inc. Pavement Resoration PW Project 97-101 Reso 9994E. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on MamC by the CITY OF
CUPERTINO, a municipal corporation of the Sk6e 4 California, hereinafter called CITY, and
O'Grady Paving Inc. hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for Pavement Restoration, Project No. 97-101
d. Faithful Performance Bond and Materials Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional
Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of
Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned 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 contract are sometimes hereinafter referred
to as the Contract Documents. In case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of pavement restoration, as called for, and in the manner designated in,
and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted
by CITY, which Plans and Specifications are entitled, respectively, Pavement Restoration,
Project No. 97-101 and which Plans and Specifications are identified by the signatures of the
parties to this Contract. It is understood and agreed that said tools, equipment, apparatus,
facilities, labor, transportation and materials shall be furnished, and that said work shall be
performed and completed as required in said Plans and Specifications under the sole direction of
CONTRACTOR, but subject to the inspection and approval of CITY, or its representative.
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Bert J. Viskovich.
Contract Page 1 of 6
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of S 213,500.00 (Two Hundred Thirteen
Thousand Five Hundred Dollars and no cents) subject to additions and/or deductions as provided
in the Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or any extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to
CONTRACTOR during the performance of this Contract, said dispute shall be determined either
by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if
applicable, or in accordance with the agreement of the parties, or in accordance with Section 6,
paragraph 'T' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, approval, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY 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 from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in accordance with the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, 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.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
Contract Page 2 of 6
9. TERMINATION, AMENDMENT OR MODIFICATION. 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 modification, shall be determined either by
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with
the agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Specifications of this
project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or otherwise, or by changes o,- dered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause
which CITY shall determine justifies the delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude the recovery of damages for delay by either parry
under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written notice
upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract.
Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless
within ten (10) days after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination, CITY shall immediately
serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall
have the right to take over and perform the Contract; provided, however, that, if the surety within
fifteen (15) days after the serving upon it of notice of termination does not give CITY written
notice of its intention to take over and perform the Contract, or does not commence performance
thereof within thirty (30) days from the date of the serving of such notice, 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 CONTRACTOR, and CONTRACTOR AND
CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY
thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize
in completing the work, such materials, appliances, plant and other property belonging to
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 amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as
Contract Page 3 of 6
in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for
labor and services rendered and materials furnished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect to
any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will
be entitled to substitute securities as provided in Section 4590 of the California Government Code
as more fully described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one parry to the other under
this 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
CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the
United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300
TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is
given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to
CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same
in the United States mails enclosed in a sealed envelope, addressed to,O'Grady Paving Inc.,
2513 Wyandotte St., Mountain View, CA 94043, postage prepaid and certified; and (c) if
notice is given to CONTRACTOR'S surety or any other person, either by personal delivery
thereof to CONTRACTOR'S surety or other person, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of
the person last communicated by such person to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or
by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY
agrees in writing to some other material, process or article offered by CONTRACTOR which is
equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
CONTRACTOR shall require any and all subcontractors similarly to provide Worker's
Contract Page 4 of 6
Compensation and Employer's Liability Insurance for all of the latter's employees unless such
employees are covered by the protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's compensation or to undertake
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection
of persons (including employees) and property. The safety provisions of applicable laws, building
codes 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 and Safety
Orders issued by the Industrial Accident Commission of the State of California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or restoring damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item,
obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God.
"Acts of God" 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 President of the United States or by the Governor of the State of
California, 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,
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 building, work, or equipment or any part thereof,
or in, on, or about the same during its construction and before acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the
first-class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR 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 CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as
performed by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials, apparatus or
equipment, whether latent or patent, revealed to CITY within one (1) year of the date of
acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such
defects without cost to CITY.
Contract Page 5 of 6
P.O. No.
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of
the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPEERRTINO:
Y+�
B
Mayor
Attest:6n4�.4-�
City Cllfrk
Date: ju tt e a3 , 19_2,7
City Clerk
APPROVED AS TO
CONTRACTOR:
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Social Security No. is required.
Social Security #
9 y - P153G S a -
Federal Tax I.D. #
Contractor's License No. o? O/ & � t
Project Name & Number: Pavement Restoration, Project No. 97-101
Contractor's Name & Address: O'Grady Paving Inc.
2513 Wyandotte St., Mountain View, CA 94043
Contract Amount: $213,500.00
Account Number: 710-8404-718
File No: 98,493.53
Contract Page 6 of 6
EXHIBITA
PAVEMENT RESTORATION
PROJECT 97-101
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and specifications furnished for the work of the PAVEMENT
RESTORATION PROJECT in the City of Cupertino, PROJECT NO. 97-101, the undersigned,
hereby declare that I have read the proposal requirement, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work required to complete the work
in accordance with the plans and specifications for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not limited to, local, state and
federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are estimates only, being
given as a basis for comparison of bids. The City of Cupertino does not state that the actual
amount of work will correspond but reserves the right to increase or decrease the amount of any
class or portion of the work or to omit items or portions of work deemed unnecessary by the
Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the contract to any
qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive
any irregularities in the procedures.
The work to be done consists of furnishing all labor, methods of process, tools, machinery and
material required to complete the PAVEMENT RESTORATION, PROJECT 97-101 as
described in the Special Provisions.
I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further
understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars
($150.00) per day, for each and every day services are not completed as scheduled and/or
specified.
In the event of discrepancies between the written unit price and the numerical unit price, the
written price shall govern.
Page 1 of 8
Bid Est.Qty.
Item Unit Item
1 50,000 S.F. Pavement Restoration (4")
Per S.F. celh
2 15,000 S.F. P vement Restorat n (6")
Per S.F. cera
Page 2 of 8
Unit
Price Total
9s �
S /q7j.
U
/S.F. S
TOTAL BID S o2 / 31 6ct) /
I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City
of Cupertino to provide all necessary machinery, tools, apparatus, and other means of
construction and to do all the work specified in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without connection with any person, firm, or
corporation making a bid for the same work, and is in all respects fair, and without collusion or
I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will
reserve the right to establish the priority of one job over another and each starting date where
conflict of construction schedules occur.
Attached hereto is the required certified check or bid bond in the amount of $ /v as
required by law and the Notice to Bidders. (10% of bid amount)
Page 3 of 8
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am
(>f of c(-J"PPI nr. c
(Business Title) (Business Name
the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluders,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone
shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract. All statements contained in the bid are true and, further, the
bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Page 4 of 8
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, L the undersigned, submit the following
statements as to my experience and qualifications to perform this work as a part of this proposal.
We have been in business under the present name for 3 -7 years.
Our experience in work comparable with that required by the proposal contract is 3 7
years operating under the following different name(s).
My California Contractor's License Number is a In / (I Z
The classification of my Contractor's License is
The expiration date for my Contractor's License is /a
******************************************************************************
(This Section for City use only)
The above information has been verified by
on
Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder
to be licensed in accordance with the laws of the State of California, however, at the time the
contract is awarded the contractor shall be properly licensed.
Page 5 of 8
BIDDER HISTORY OF WORK
The following is an example of work similar in character to that required in the proposed contract
which our organization or personnel in our organization has completed within the past three (3)
years.
For Whom Contact
Year Location Tvne of Worm Performed Phone No. Amount
L -L) / 0 u- 5 C19 of C 1nC 1Vro/'cc�5
Page 6 of 8
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose to hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this project and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
1. Name Contractor's License No.
Address & phone no.
Work to be Performed
2. Name Contractor's License No.
Address & phone no.
Work to be performed
3. Name Contractor's License No.
Address & phone no.
Work to be performed
4. Name Contractor's License No.
Address & phone no.
Work to be performed
5. Name Contractor's License No.
Address & phone no.
Work to be performed
6. Name Contractor's License No.
Address & phone no.
Work to be performed
Page 7 of 8
BIDDER'S SIGNATURE FORINT
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAIL AND LIST THE NAIMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAIi� OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY -TREASURER, AND MANAGER THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORNL ENTER THE NAIME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAIiAE OF
BUSINESS BUSINESS
CORPORATION: rj -nd -, }Pao l"n c ri c
C O -PARTNERSHIP:
INDIVIDUAL:
JOINT VENTURE:
• .1_ t
Name and Sizmture of Bidder.
(Describe)
&/'/I -I
or type name)
Date:
Address (mailing & location): o2 5-1 Gy y611Z;10 17(k 5�
�%c� t,� n i n (Ji e� �a • gL10 L/ 3
Telephone Number: (-411 Sl 5 L — /5,p(
Acknowledgment of all addenda received is required by circling each addendum number.
C, ) 2 3 4 5 6 7 8 9 10
Page 8 of 8
PROOF OF PUBLICATION
(20-15.5 C.C.P.)
State of California
County of Santa Clara
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled
matter. I am the principal clerk of the
printer of the: The Cupertino
Courier, 20465 Silverado Ave.,
Cupertino California a newspaper of
general circulation, printed every
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, Case Number
CV1oo637 that the notice of which the
annexed is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said Newspaper and not in any
supplement thereof on the following
dates, to wit:
March 26
all in the year of 1997
1 certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated: March 26, 1997
at San Jose, California
Denise Laguna
Filing Stamp
PROOF OF PUBLICATION
opened and the compara-
tive totals read.
All proposals or bids shall
be accompanied by cash, a
cashiers check, or certified
check payable to the order
of the City of Cupertino, in
the amount of ten (10%) of
the bid, or by a bond in
said amount payable to the
City of Cupertino. Said
A. BID DOCUMENTS
bond shall signed by the
NOTICE TO CONTRACTORS
bidder andd a corporate
CITY OFCUPERTINO
surety, or by the bidder and
10300 TORRE AVENUE
two (2) sureties who shall
CUPERTINO, CALIFORNIA
Justify before any officer
95014
competent to administer
The City of Cupertino,
an oath, in double said
Santa Clara County-
amount and over and
California, invites sealed
above all statutory exemp-
proposals for the construc-
tions. Said cash or check
tion of the work as delin-
shall be forfeited or said
eated on the plans and/or
bond shall become payable
in the specifications, enti-
to the City in case the bid-
tled PAVEMENT RESTORA-
der depositing the same
TION, PROJECT 97-101.
does not enter into a con -
Contract Documents, con-
tract with the City within ten
sisting of Notice to
(10) days after written no -
Contractors. Proposal,
tice that the Contractor has
Time for Completion-
been awarded the contract.
Estimated Quantities.
All bids shall be compared
Noncollusion Affidavit.
using the estimated quanti-
Bidder Qualification Form,
ties prepared by the
Subcontractors Form,
Engineer and the unit
Signature Form, Standard
prices submitted. No in -
Specifications. General
complete nor interlin-
Provisions. Special
eated proposal or bid will
Provisions and Plans,
be accepted. Bidders are
Faithful Performance Bond,
required to bid on all
Labor and Material Bond•
items of the proposal,
Insurance Certificates and
No federal funds are in -
Contract for Public Works,
volved in this project,
may be reviewed and
therefore, bids submitted
copies of same may be ob-
shall be invalidated by
tained at the office of the
the failure of the bidder
City Engineer, City of
to be licensed in accor-
Cupertino. 10300 Torre
dance with the laws of the
Avenue; Cupertino, CA
State of California.
95014, for a non -refund-
No bids will be awarded
able deposit of $5.00
to a Contractor who is not
each. Special attention or
licens_d inaccordance
Leaders is directed tr,
� ltr,, the provisions of
ccUcr, 7. Proposal and
Division 3 of Chapter 9.
�.vaid of Contractof the
Cantracts. of the
General Provisions for full
Business and Professions
Jirecuons as to bidding.
Code of the State of
_ealecl proposals �.vill Le re-
California. The contract
served at the office or the
snail not be awarded to
C,tp Clerk, City Hall, CA', of
any oidder who does not
-upertino: 10300 Torre
pe,sstss a Class A
avenue: Cupertino. Ca
General Engineering
95 14. until 2:00 P.M. art
ntractors License.
;cnl 15.19 +7. at h,ch
".me they will be Pu LlICIV
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CO
61 05
jj
DOCUMENT: 13969988
�11 11111111111-11111111111 �
Titles:1 / Pages 3
Fees...., No Fees
Taxes.
Copies
AMT PAID
BRENDA DAVIS RDE # 007
SANTA CLARA COUNTY RECORDER 12/09/1997
Recorded at the request of 8:08 AM
City
77- oaA.7
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
114P
CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION,
PAVEMENT RESTORATION, PROJECT 97-101
SEPARATE PAGE PURSUANT TO GOVT. CODE 27316.6
-7—�—�City of
Cupertino
10300 Tone Avenue
Cupertino, CA 95014-3202
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
PAVEMENT RESTORATION
PROJECT 97-101
NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public
Works and City Engineer of the City of Cupertino, California, do hereby certify that the
work and improvements hereinafter described, the contract for doing which was entered
into by and between the CITY OF CUPERTINO and O'GRADY PAVING, INC. on
May 12, 1997, in accordance with the plans and specifications for said work, were
completed to my satisfaction on November 3, 1997, and acceptance of completion was
ordered by the City Council of said City.
That said work and improvements consisted of furnishing labor, materials, tools
and equipment required to complete said project, all as more particularly described in the
plans and specifications for said project.
Date: November 5, 1997
Aor of%blic Works `arid
Engineer, kity of Cupertino
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and to the best of my Ialowledge, the
information contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 14t" day of November, 1997, at Cupertino, California.
Deputy City Cleric
City of Cupertino
RESOLUTION NO. 9994
A. RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING CONTRACT CHANGE ORDER NO. 1 FOR PAVEMENT
RESTORATION, PROJECT NO. 97-101
RESOLVED by the City Council of the City of Cupertino, California, that
Change Order No. 1 for changes to work which has been approved by the Director of
Public Works and this day presented to this Council, be, and it hereby approved in
conjunction with the project known as
PAVEMENT RESTORATION,
PROJECT NO. 97-101
BE IT FURTHER RESOLVED that funds are available and no further
appropriation is necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of November, 1997, by the following vote:
Vote Members of the fity Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Roberta Wolfe
Dep. City Clerk
APPROVED:
/s/ John Bautista
Mayor, City of Cupertino
Cupertino
CONTP.ACTOR
O'Grady Paving Inc.
2513 Wyandotte St.
Mt. View CA 94043
10300 Torre Avenue
Cupertino, CA 95014-3202
(408)777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
PAVEMENT RESTORATION
PROJECT NO. 97-101
CONTRACT CHANGE ORDER NO. 1
The following changes are hereby approved:
1A. A.C. berm on Mercedes Road $ 4,450.00
113. Quantity adjustment 306,388.74
1C:- Credit for quantities over 125% - 9,500.00
Total- Change Order No. 1 $ 301,338.74
Total Project
Original Contract $ 213,500.00
Change Order No. 1 301.338.74
Revised Contract $ 514,838.74
I
Title
Date //—/ —�7
CITY
ert J. Vlsklvich
irector of Nblic Works
City Council: Nov. 3, 1997
Resolution No. 9994