97-045 Annual Overlay Project 97-103E. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on Ju,�E �3� / 99 p by the CITY OF CUPERTINO, a
municipal corporation of the State of California, hereinafter called CITY, and O'GRADY
P9 VING, INCORPORATED, 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 ANNUAL OVERLAY, PROJECT 97-103
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 ANNUAL OVERLAY, 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, ANNUAL OVERLAY,
PROJECT 97-103, 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 $329,973.45 (THREE HUNDRED
TWENTY NINE THOUSAND, NINE HUNDRED SEVENTY THREE DOLLARS AND
FORTY FIVE 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 ordered 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 party
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.
CONTRACT PAGE 3 OF 6
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
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 Contrac°ors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party 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 2513 WYANDOTTE
STREET, 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.
CONTRACT PAGE 4 OF 6
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
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 CUPER�TINO:
vr/ �
By:
MAYOR
Attest__
City Clei c
Date: -Z. 3 , 199 %
City Clerk
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 #
oly-/C1436 �a
Federal Tax I.D. #
Contractor's License No. 02 0/G iG
PROJECT NAME & NUMBER: ANNUAL OVERLAY, PROJECT 97-103
CONTRACTOR'S NAME & ADDRESS: O'GRADY PAVING, INC.
2513 WYANDOTTE STREET
MOUNTAIN VIEW, CA 94043
CONTRACT AMOUNT: $329,973.45
ACCOUNT NUMBER: 710-8404-718
FILE NO: 98,493.55
CONTRACT PAGE 6 OF 6
CALIFORNIA ALL FUKF05E ACKNOWLEDGEMENT
State of California
County of Santa Clara
On 06/15/97 before me, Jennifer Meduri, Notary Fublic
name, title of officer- E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared CRAIG E. YOUNG
,�peroonally known to me - OR -proved to me on the baoio of
oatiofactory evidence to be the person,*)^ whose name(5) io/a-r-e-
oubocribed to the within instrument and acknowledged to me
that he/o,he/they executed the Same in his/h-6rf/th-eir authorized
capacity( oo-), and that his/b.er°/thc-ir oignature( yon the
instrument the peroon_(5); of the entity upon behalf of which the
peroon(a-yacted, executed the instrument.
WITNE55 my hand and official Seal.
Signature of notary
JENNIFER M DURI
CDMM,'1108228
co NOTAgYPUBUC CAIIFOflNIA
SANTA CLARA COUNTY �
My Comm. Expires Aug. 11, 2000 r,
EXHIBIT A
A. BID DOCUMENTS
NOTICE TO CONTRACTORS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CALIFORNIA 95014
ANNUAL OVERLAY, PROJECT 97-103
The City of Cupertino, Santa Clara County, California, invites sealed proposals for the
construction of the work as delineated on the plans and/or in the specifications, entitled
ANNUAL OVERLAY, PROJECT 97-103
Contract Documents, consisting of Notice to Contractors, Bid Proposal, Time for Completion,
Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form,
Signature Form, Standard Specifications, General Provisions, Special Provisions and Plans,
Faithful Performance Bond, Labor and Material Bond, Insurance Certificates and City's forms,
Contract for Public Works, may be reviewed and copies of some may be obtained at the
office of the City Engineer, City of Cupertino, 10300 Torre Avenue; Cupertino, CA 95014, for a
non-refundable deposit of $5.00 each. Special Attention of bidders is directed to Section 7,
Proposal and Award of Contract, of the General Provisions for full directions as to bidding.
Sealed proposals will be received at the office of the City Clerk, City Hall, City of Cupertino;
10300 Torre Avenue; Cupertino, CA 95014, until 2:00 P.M. on TUESDAY, MAY 27 1997, at which
time they will be publicly opened and the comparative totals read.
All proposals or bids shall be accompanied by cash, a cashier's 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 bond shall be signed by the
bidder and a corporate surety, or by the bidder and two (2) sureties who shall justify before any
officer competent to administer an oath, in double said amount and over and above all
statutory exemptions. Said cash or check shall be forfeited or said bond shall become
payable to the City in case the bidder depositing the some does not enter into a contract with
the City within ten (10) working days after written notice that the Contractor has been
awarded the contract.
All bids shall be compared using the estimated quantities prepared by the Engineer and the
unit prices submitted. No incomplete nor interlineated proposal or bid will be accepted.
Bidders are required to bid on all items of the proposal.
No federal funds are involved in this project, therefore, bids submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with the laws of the State of California.
No bids will be awarded to a Contractor who is not licensed to conduct business in the City
and in accordance with the provisions of Division 3 of Chapter 9, "Contracts", of the Business
and Professions Code of the State of California. The contract shall not be awarded to any
bidder who does not possess a Class A General Engineering Contractor's License.
Notice to Contractors Page 1 of 2
A. Bid Documents (continued)
All bids received will be reported to the City Council of the City of Cupertino within thirty (30)
days of receipt, at which time the City Council will review and act upon the bids submitted.
Award, if any, will be made to the responsible bidder whose proposal is most advantageous to
the City.
The City of Cupertino reserves the right to award the contract to any qualified bidder based
on the proposal that is most advantageous to the City. The City also reserves the right to reject
any or all bids or to waive any irregularities in the bidding procedures, provided the variance
cannot have affected the amount of the bid or cannot have given a bidder an advantage or
benefit not allowed other bidders.
The Contractor shall furnish to the City a Faithful Performance Bond and a Labor and Material
Bond as required in the specifications.
It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all
subcontractors, to pay no less than the general prevailing wage rates to all workers employed
in the execution of the contract as provided for in Section 7-1.01A of the Standard
Specifications.
Payments to the Contractor will be made in cash by said City upon submission by the
Contractor and approval by the Engineer of a progress billing which reflects the value of the
work completed. The progress payments made as work progresses will be payments on
account and will not be considered as an acceptance of any part of the material or
workmanship required by the contract.
Pursuant to Section 22300 of the Califomia Public Contract Code, the Contractor will be
permitted, upon request and its sole expense, to substitute securities for any moneys withheld
by the City to ensure performance under the contract. Said securities will be deposited either
with the City or with a state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in Section 16430 of the Califomia
Government Code, or bank or savings and loan certificates of deposit, interest bearing
demand deposit accounts, standby letters of credit, or any other security mutually agreed to
by the Contractor and the City. The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
CITY OF C PERTINO
By: v
City Clerk
To Be Published: May 7, 1997
Dated: Z Y7
Notice to Contractors Page 2 of 2
�" *
ANNUAL OVERLAY, PROJECT 97-103
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 ANNUAL
OVERLAY. PROJECT 97-103, in the City of Cupertino, I, the undersigned, hereby declare that I
have read the proposal requirements, 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 estimated 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 ANNUAL OVERLAY, PROJECT 97-103 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 unit price shall govern.
1. The Contractor shall be responsible for providing the City of Cupertino or its agent, striping
quantities pertaining to any striping removals and installations, no later than 4:00 p.m. on each
working day of the project.
DID PROPOSAL PAGE 1 OF l 1
2. Temporary reflective tabs shall be installed on lane lines and centerlines delineation. Placement
of tabs shad be on longitudinal intervals of 24 feet apart and on radiuses 12 feet apart. Temporary
reflective tab installation shall be completed after overlay on Tantau Avenue, Rodrigues Avenue
and Pruneridge Avenue.
3. No permanent striping shall be installed for seven(7) calendar days after the street has been
slurried or overlaid, not including the day of application. This period of time has been set aside to
allow for pavement curing.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely limited to these patterns or legends
as shown in the Standard Plans dated July 1992, of the State of California, Department of
Transportation, A20(A,B,C,D), A-24(A,B,C,D,E), and the City of Cupertino Standard Details 1-
17, 2-26 and 2-27.
4. Permanent striping shall be installed between the eighth(8th) and the twelfth(12th) calendar
days.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely limited to these patterns or legends
as shown in the Standard Plans dated July 1992, of the State of California, Department of
Transportation, A20(A,B,C,D), A-24(A,B,C,D,E), City of Cupertino Standard Details 1-17, 2-26
and 2-27.
5. On the thirteenth(13th) calendar day following the slurry or overlay of each street, the
Contractor shall be responsible for having completed the installation of the permanent striping.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, limit lines(stop bars), legends, speed limits, parking marks ("T's"
& "Us"), and other striping not solely limited to these patterns or legends as shown in the
Standard Plans dated July 1992, of the State of California, Department of Transportation
A20(A,B,C,D), A-24(A,B,C,D,E), City of Cupertino Standard Details 1-17, 2-26 and 2-27.
If the Contractor fails to perform this portion of the job on the thirteenth(13th) calendar day, I
shall pay the City of Cupertino the sum of one hundred and fifty dollars($ 150.00) per day for that
day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the
permanent traffic striping, markings, and legends remains incomplete.
This amount of liquidated damages shall be deducted by the City from monies due from the
Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the
City for any excess.
Completion of entire project twenty-five (25) working days from Notice to Proceed.
BID PROPOSAL PAGE 2 OF 11
ESTIMATED QUANTITIES
The bid unit prices for this project shall be outlined below.
Bid Est.Qty. Unit
Item Unit Item Price Total
1 6,460 Tons Asphalt Concret Pavement $ 3 `+ l0 S /Ton
71, l fy �o � S i ca- s
Per Ton
2 19,600 L.F. Wedge Cut (Longitudinal)
SeyGn'R/ 77-Ff2C
Per L.F.
3 1,100 L.F. Wedge Cut (Transverse)
poIIGWS W*ID V-hnT�� Ce,4rs
Per L.F.
4 40 EA. Adjust Manhole to Grade
7-W9-'.n4
W ¢n`
TF ✓ e too //►f+' S
Per EA. /
5 18 EA. Adjust Box to Grade
anle 14,1,111yreo Jri'lr-# po//f►,-S
Per EA.
6 506,600 S.F. Fog Seal
Q. c 4-19 77aree 'rto7745 Cwn'r5
Per S.F.
7 506,600 S.F. Pavement Fabric
uhf -� 7li �- 7-,--�7?tT 1�0-
Per S.F.
8 Remove Traffic Stripinz
4,584 L.F. a. State Detail 13
7-A'a r e e,./ C 4.1-4- s
Per L.F.
930 L.F. b. State Detail 23
r-- ("r- C e,ti+5
Per L.F.
2,676 L.F. c. State Detail 23C
17�i'.s Tz,r o
5/+ r CAH
Per L.F.
SID PROPOSAL PAGE 3 OF 11
$ �,� /L.F. $ 1
$ 4 30 /L.F. $ 4-7 36
$
Z2`5 /EA.
$ / 5C) /EA. $ Z 7 "`-' --
0/3 GSBS 20
$ D � /S.F. $ U
$6) S 3 /S.F. $ L'��i 8b
9z
/L.F.
�U
$ a —
/L.F. $ 5lG S
3� 00
$ d /L.F. $ / o /
Bid Est.Qty.
Item Unit Item
1,170 L.F. d. State Detail 33
For CQ.l
-�S
Per L.F.
3,537 L.F. e. State Detail 33C
cc -45
Per L.F.
1,790 L.F. f. State Detail 38
�e/cve.4 C" -1-5
Unit
Price Total
$ bye /L.F. $ SZ(— S -c)
zC� 3�
$ o —
/L. F. $ cr 5C —
/1
$ d — /L. F. $ / % C, —
Per L.F.
9 120 EA. Remove and install blue pavement markers $ 3 ZG /EA. $ / 5� `�
Oo//yrs lwo %r, a lI,/ Ce,
Per EA. /
10 Install Traffic Striping
2,967 L.F. a. 12" White /L. F. $ Z `7 G 7
d ^j e LD u //.*--
Per L.F.
4,584 L.F. b. State Detail 13
Per L.F.
3,606 L.F. c. Citv Detail 23C
� c� 4- S
Per L.F.
4,707 L.F. d. Citv Detail 33C
Per L.F.
1,790 L.F. e. State Detail 38
774,'i , er
Per L.F.
Z/ Gy
$ 0 _ /L.F. $ �/ Z
3a
$ U /L.F. $ q 3
57
$ —
/L. F. $ 2-
3cj3 cj,
,
$ Q -- /L.F. $ G v 2
Z U
11,415 L.F. f State Detail 39 $ C) _ A.F. $ ZZS 3
Per L.F.
zc� �o
2,269 L.F. g. State Detail 39AC $ /L..F.
j reit Ce1-/S
Per L.F.
BID PROPOSAL PAGE 4 OF 1 l
Bid
Item
11
Est.Qty.
Unit
Item
Install Painted Traffic Lezends &
Arrows
7 EA. a. Speed 25, 30, 35
S i4�-1 C cu �s Per EA.
7 EA. b. Stop
"Per EA.
Unit
Price Total
$ Zv �G /EA. $ Zoo Z=
$ 3 3 /EA. $ Z 3 1-
2 SET c. Stop Ahead $ U '/SET
��.J c / 0d 11A4 -
Per SET
o�
4 SET d. Signal Ahead $ /C' X sO /SET $ `rr8
-Jr- /--unno-ro Fo/2 Dd/),0-
r,-p, Ty
/,0'r,µTy cec, >! S Per SET
30 EA. e. Arrows $ 33 /EA. $ "o
O
Per EA.
12 1 L.S. Traffic Striping Layout (for temporary and $ 7 9 Z U /L. s. $ 77 2- c)
permanent)
�Vts� 7- ojSA)O
p Per L.S. /
TOTAL BID $ 261 q % 3. �S
HID PROPOSAL PAGE 3 OF 11
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
fraud.
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 o bid bond the amount of $ /6/Q as
required by law and the Notice to Bidders. (10% of bid amount)
131D PROPOSAL. PAGE 6 OF I I
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am
up
(Business Title)
o f C) (NacX cw J ,1 G --L17c
(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 colluded,
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.
BID PROPOSAL PAGE 7 OF 11
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I, 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 37
years operating under the following different name(s).
My California Contractor's License Number is o?D/G Sc -
The classification of my Contractor's License is 4 , C, / P -
The expiration date for my Contractor's License is
******************************************************************************
(This Section for City use only)
The above information has been verified by
on V67
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.
BID PROPOSAL PAGE 8 OF 11
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
TypeofWork
Performed
Phone No. Amount
uS
C4
pry)"eCA
DID PROPOSAL, PAGE 9 OF 11
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. 3 —714 (. ov
Address & phone no. P e."O 4 T 5 1U G S_ (M _Zg ¢ U
Work to be Performed ,�0i"i�J /'7S
2. Name J 2 2� sw��ss�•1�
Address & phone no
Work to be performed
TDc.k -1z r- (
W edcc cc V
Contractor's License No. z ( 3 3
C7 -09J S'3/- i5zg
3. Name SP (k- 1'f k044 D IS Contractor's License No. q--7 7
Address & phone no. , Satj
Work to be performed IL
4. Name
Address & phone no.
Work to be performed
5. Name
Address & phone no.
Work to be performed
6. Name
Address & phone no.
Work to be performed
Contractor's License No.
Contractor's License No.
Contractor's License No.
BID PROPOSAL. PAGE 10 OF 11
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY -TREASURER, AND MANAGER, THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAME OF nn
BUSINESS BUSINESS a`C4_C1z17 U'cu�ln4 -fir] c
CORP h'J. O
JOINT VENTURE:
Name and Signature of Bidder:
(Describe)
(Print or type name)
Date: /1) y a 7 / S 7
Address (mailing & location): 025/4Ac�o Q�S"'-
/)' v wr ,,, &'/i env 9 yo y 3
Telephone Number:y( /s) '�&(I — / 9aL
Acknowledgment of all addenda received is required by circling each addendum number.
1 2 3 4 5 6 7 8 9 10
IIID PROPOSAL. PAGE 1 I OF 11
RESOLUTION NO. 10014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING CONTRACT CHANGE ORDER NO. 1 FOR ANNUAL
OVERLAY, PROJECT 97-103
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
ANNUAL OVERLAY,.
PROJECT 97-103
BE IT FURTHER RESOLVED that an expenditure of $40,685.12 from the
Project Account No. 710-8404-718 is hereby approved to cover this change order.
PASSED AND ADOPTED at a regular meeting of.the City Council of the City of
Cupertino this I' day of December, 1997, by the following vote:
Vote Members of the C� Council
AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Michael Chang
City Clerk Mayor, City of Cupertino
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
1��0't` G®V co®� �1®�
DOCUMENT: 14001311
11 [111101111111111�YN�I�l
�
Titles:l / Pages: 3
Fees....* No Fees
Taxes..
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RID
..;
..
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION,
ANNUAL OVERLAY, PROJECT 97=103
SEPARATE PAGE PURSUANT TO GOVT. CODE 27316.6
���City of
Cup ertirno
10300 Torre Avenue
Cupertino, CA 95014-3202
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
ANNUAL OVERLAY
PROJECT 97-103
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
JUNE 23, 1997, in accordance with the plans and specifications for said work, were
completed to my satisfaction on DECEMBER 1, 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.
Dir ctor of Pul
Date: 12/5/97 CiVy Engineer,
Printed on Recycled Paper
h6
C--% (
-—
Jorks and
of Cupertino
VERIFICATION
I have reviewed this Certificate of Completion and to the best of my knowledge, 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 18t' day of December, 1997, at Cupertino, California.
U
Deputy City Clerk
City of Cupertino