22-012 J.J. R. Construction, for work on the 2022 Reconstruction of Curbs,Gutters and Sidewalks2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form CONTRACT
2022-101 Page 1
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”)
and J.J. R. Construction, Inc. (“Contractor”), for work on the 2022 Reconstruction of Curbs,
Gutters and Sidewalks Project (“Project”).
The parties agree as follows:
1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a
Bid Proposal to perform the Work to construct the Project. On December 21, 2021, City
authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2.Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the documents listed below. The definitions provided in Article 1
of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 The following: Traffic Control Requirements, Cupertino Standard Details, Caltrans
Standard Plans
3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project,
as specified in the Contract Documents. Contractor must provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work,
including all necessary labor, materials, supplies, tools, equipment, transportation, onsite
facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor
must use its best efforts to diligently prosecute and complete the Work in a professional
and expeditious manner and to meet or exceed the performance standards required by the
Contract Documents.
4.Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $1,054,968.66 (“Contract Price”) for all of Contractor’s
direct and indirect costs to perform the Work, including all labor, materials, supplies,
equipment, taxes, insurance, bonds and all overhead costs, in accordance with the
payment provisions in the General Conditions.
5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all
requirements for Final Completion, by May 20, 2022. By signing below, Contractor
expressly waives any claim for delayed early completion.
6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $500.00 per day for each day of
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form CONTRACT
2022-101 Page 2
unexcused delay in achieving Final Completion, and such liquidated damages may be
deducted from City’s payments due or to become due to Contractor under this Contract.
7.Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of
Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages,
working hours and workers’ compensation insurance, as further specified in Article
9 of the General Conditions .
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements
applicable to the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform the Work, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar
purposes. Copies of these prevailing rates are available online at
http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof
that the bidder and its Subcontractors are registered with the California Department
of Industrial Relations to perform public work pursuant to Labor Code § 1725.5,
subject to limited legal exceptions.
8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this
Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code §
3700 which require every employer to be insured against liability for workers’ compensation
or to undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the Work on this
Contract.”
9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of any
City ordinance or requirement, or in violation of any California law, including Government
Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000
et seq. and its accompanying regulations. Any violation of this Section constitutes a
material breach of the Contract.
10.Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents
must be made in writing, signed, dated and sent to the other party by personal delivery,
U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed
effective upon delivery, except that service by U.S. Mail is deemed effective on the second
working day after deposit for delivery. Notice for each party must be given as follows:
City:
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
408-777-3354
Attn: Director of Public Works
joannej@cupertino.org
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form CONTRACT
2022-101 Page 3
Copy to: pwinvoices@cupertino.org
Contractor:
Name: J.J.R. Construction, Inc.
Address:1120 Ninth Avenue
City/State/Zip: San Mateo, CA 94402
Phone: 650-343-6109
Attn: Carlos Raposo
Email: carlos@jjrconstruction.com
Copy to:____________________________________
12.General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This Contract
is binding on Contractor’s and City’s lawful heirs, successors and permitted
assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Santa Clara County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394,
to file a motion to transfer any action arising from or relating to this Contract to a
venue outside of Santa Clara County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding
unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein,
including authorized amendments or Change Orders thereto, constitute the final,
complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be
illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the
Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor
certifies, by signing below, that it is not identified on a list created under the Iran
Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person
engaging in investment activities in Iran, as defined in the Act, or is otherwise
expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code § 313.
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form CONTRACT
2022-101 Page 4
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________
Name, Title Name, Title
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________
Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
Carlos Raposo
J.J.R. Construction, Inc
Carlos Raposo President
Jan 26, 2022
Christopher D. Jensen
Christopher D. Jensen City Attorney
Jan 26, 2022
Jim Throop
Jim Throop City Manager
Jan 26, 2022
Kirsten Squarcia City Clerk
Jan 26, 2022
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form NOTICE INVITING BIDS
2022-101 Page 1
Notice Inviting Bids
1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its
2022 Reconstruction of Curbs, Gutters and Sidewalks Project (“Project”), by or before
November 30, 2021, at 2:00 p.m., via electronic submission to the City’s “Business
Opportunities” online portal in the manner set forth in Section 1 of the Instructions to
Bidders, at which time the bids will be opened by the City.
2. Project Information.
2.1 Location and Description. The Project is located at various locations throughout
the City and is described as follows: Remove/Replace existing concrete curbs,
gutters, and sidewalks at various locations throughout the City. Work also includes
installation of ADA ramps, upgrading existing ADA ramps to current standard,
removal/replacement of driveway approaches and removal/replacement as asphalt
adjacent to curbs.
2.2 Time for Final Completion. The Project must be fully complete by May 1, 2022.
City anticipates issuing a notice to proceed on or before December 13.
3. License and Registration Requirements.
3.1 License. This Project requires a valid California contractor’s license for the
following classification(s): A-General Engineering, or C-8 Concrete Contractor.
3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the
Contract with a bidder, without proof that the bidder is registered with the California
Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor
Code § 1725.5, subject to limited legal exceptions.
4. Contract Documents. The plans, specifications, bid forms and contract documents for the
Project, and any addenda thereto (“Contract Documents”) may be downloaded from City’s
website located at: https://apps.cupertino.org/bidmanagement/index.aspx. A printed copy of
the Contract Documents are not available.
5. Bid Security. Each bidder must submit bid security equal to ten percent of the maximum
bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond
executed by a surety licensed to do business in the State of California on the Bid Bond
form included with the Contract Documents, in the manner set forth in Section 4 of the
Instructions to Bidders. The bid security must guarantee that within ten days after City
issues the Notice of Potential Award, the successful bidder will execute the Contract and
submit the payment and performance bonds, insurance certificates and endorsements, and
any other submittals required by the Contract Documents and as specified in the Notice of
Potential Award.
6. Prevailing Wage Requirements.
6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject
to the prevailing wage requirements applicable to the locality in which the Work is
to be performed for each craft, classification or type of worker needed to perform
the Work, including employer payments for health and welfare, pension, vacation,
apprenticeship and similar purposes.
6.2 Rates. These prevailing rates are on file with the City and are available online at
http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form NOTICE INVITING BIDS
2022-101 Page 2
than the specified rates to all workers employed to work on the Project. The
schedule of per diem wages is based upon a working day of eight hours. The rate
for holiday and overtime work must be at least time and one-half.
6.3 Compliance. The Contract will be subject to compliance monitoring and
enforcement by the DIR, under Labor Code § 1771.4.
7.Performance and Payment Bonds. The successful bidder will be required to provide
performance and payment bonds, each for 100% of the Contract Price, as further specified
in the Contract Documents.
8.Substitution of Securities. Substitution of appropriate securities in lieu of retention
amounts from progress payments is permitted under Public Contract Code § 22300.
9.Subcontractor List. Each Subcontractor must be registered with the DIR to perform work
on public projects. Each bidder must submit a completed Subcontractor List form with its
Bid Proposal, including the name, location of the place of business, California contractor
license number, DIR registration number, and percentage of the Work to be performed
(based on the base bid price) for each Subcontractor that will perform Work or service or
fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price,
using the Subcontractor List form included with the Contract Documents.
10.Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for
more detailed information before submitting a Bid Proposal. The definitions provided in
Article 1 of the General Conditions apply to all of the Contract Documents, as defined
therein, including this Notice Inviting Bids.
By: ___________________________________ Date: ________________
Kirsten Squarcia City Clerk
Publication Date: 11/12/2021
END OF NOTICE INVITING BIDS
11/12/2021
for
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 3
Instructions to Bidders
Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2022 Reconstruction of Curbs, Gutters
and Sidewalks Project (“Project”) must be submitted in accordance with the following instructions and
requirements:
1. Bid Submission.
1.1 General. Each Bid Proposal must be signed and submitted to City, using the form
provided in the Contract Documents, by or before the date and time set forth in Section 1 of
the Notice Inviting Bids, or as amended by subsequent addendum, via electronic
submission only as specified below in Section 1.2 . Faxed, hand-delivered, mailed or
emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions
will not be considered. City reserves the right to postpone the date or time for receiving or
opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its
bid and by submitting a bid waives any right to recover those costs from City. The bid
price(s) must include all costs to perform the Work as specified, including all labor, material,
supplies, and equipment and all other direct or indirect costs such as applicable taxes,
insurance and overhead.
1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must
be submitted in PDF format on the City’s “Business Opportunities” portal at
https://apps.cupertino.org/bidmanagement/index.aspx. To submit a bid, (1) select the folder
icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3)
when the log-in screen appears, enter the log-in credentials used to access the Contract
Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all
instructions for electronic submission of the Bid Proposal and all required forms and
attachments. Each bidder should familiarize itself with the City’s “Business Opportunities”
portal before the bid deadline. Electronic submission may take more time than anticipated.
Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that
are in the process of uploading but are not completely uploaded by the bid deadline w ill be
automatically rejected by the portal. The portal will not allow submission after the bid
deadline. On the next Working Day following the bid opening, the City will post the bid
results to https://apps.cupertino.org/bidmanagement/index.aspx.
1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally -
funded projects, City may not accept a Bid Proposal from a bidder without proof that the
bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City
is unable to confirm that the bidder is currently registered with the DIR, City may disqualify
the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).)
2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid
Proposal form included with the Contract Documents. The Bid Proposal form must be fully
completed without interlineations, alterations, or erasures. Any necessary corrections must be clear
and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal
submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, wil l be
considered nonresponsive. Each Bid Proposal must be accompanied by a completed Subcontractor
List and Non-Collusion Declaration using the forms included with the Contract Documents, a PDF
copy of the bid security, and any additional forms required by the Notice Inviting Bids or Instructions
to Bidders. In addition to submitting a PDF copy of the bid security, each bidder must also send the
original form of bid security to the City, as set forth in Section 4, below.
3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized
representative. A Bid Proposal submitted by a partnership must be signed in the partnership name
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 4
by a general partner with authority to bind the partnership. A Bid Proposal submitted by a
corporation must be signed with the legal name of the corporation, followed by the signature and
title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid
Proposal, under California Corporation Code § 313.
4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid
amount, in the form of a cashier’s or certified check made payable to the City, or bid bond using the
form included in the Contract Documents and executed by a surety licensed to do business in the
State of California.
4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid
security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the
City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to
City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and
clearly labeled with the bidder’s legal name and address, the Project title, and date and
time of the bid deadline. The envelope containing the original form of bid security must be
postmarked or otherwise dated to show that it was submitted to the United States Postal
Service or overnight delivery service by or before the date of the bid deadline.
4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the
Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the
bid price; submit payment and performance bonds for 100% of the maximum Contract
Price; and submit the insurance certificates and endorsements and any other submittals , if
any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal
may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the
bid security, except as authorized for material error under P ublic Contract Code § 5100 et
seq.
5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid
procedures, or any of the Contract Documents must be submitted in writing to Jo Anne Johnson,
Public Works Project Manager, at joannej@cupertino.org. Oral responses are not authorized and
are not binding on the City. Bidders should submit any such written inquiries at least five Working
Days before the scheduled bid opening. Questions received any later might not be addressed
before the bid deadline. An interpretation or clarification by City in response to a written inquiry will
be issued in an addendum.
6. Pre-Bid Investigation.
6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough
review of the Contract Documents, examination of the Project site, and reasonable and
prudent inquiry concerning known and potential site and area conditions prior to submitting
a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements
which reasonable review and investigation would have disclosed. However, except for any
areas that are open to the public at large, bidders may not enter property owned or leased
by the City or the Project site without prior written authorization from City.
6.2 Document Review. Each bidder is responsible for review of the Contract Documents and
any informational documents provided “For Reference Only,” e.g., as -builts, technical
reports, test data, and the like. A bidder is responsible for notifying City of any errors,
omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting
solely in its capacity as a contractor and subject to the limitations of Public Contrac t Code §
1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be
submitted in writing to the City no later than five Working Days before the scheduled bid
opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a
bidder might draw from the presence or absence of information provided by City.
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 5
6.3 Project Site. Questions regarding the availability of soil test data, water table elevations,
and the like should be submitted to the City in writing, as specified in Section 5, above. Any
subsurface exploration at the Project site must be done at the bidder’s expense , but only
with prior written authorization from City. All soil data and analyses available for inspection
or provided in the Contract Documents apply only to the test hole locations. Any water table
elevation indicated by a soil test report existed on the date the test hole was drilled. The
bidder is responsible for determining and allowing for any differing soil or water table
conditions during construction. Because groundwater levels may fluctuate, difference(s) in
elevation between ground water shown in soil boring logs and ground water actually
encountered during Project construction will not be considered changed Project site
conditions. Actual locations and depths must be determined by bidder’s field investigation.
The bidder may request access to und erlying or background information on the Project site
in City’s possession that is necessary for the bidder to form its own conclusions, including,
if available, record drawings or other documents indicating the location of subsurface lines,
utilities, or other structures.
6.4 Utility Company Standards. The Project must be completed in a manner that satisfies
the standards and requirements of any affected utility companies or agencies (collectively,
“utility owners”). The successful bidder may be required by the third party utility owners to
provide detailed plans prepared by a California registered civil engineer showing the
necessary temporary support of the utilities during coordinated construction work. Bidders
are directed to contact the affected third party utility owners about their requirements bef ore
submitting a Bid Proposal.
7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a
party to more than one Bid Proposal unless alternate bids are specifically called for. However, a
person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may
submit subcontract proposals or quotes to other bidders.
8. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents.
Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda
prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all
addenda prior to submitting its bid. Bidders should check City’s website periodically for any
addenda or updates on the Project at: https://apps.cupertino.org/bidmanagement/index.aspx.
9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material,
product, thing, or service by specific brand or trade name, followed by the words “or equal,” is
intended only to indicate quality and type of item desired, and bidders may request use of any equal
material, product, thing, or service. All data substantiating the proposed substitute as an equal item
must be submitted with the written request for substitution. A request for substitution must be
submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract
Documents. This provision does not apply to materials, products, things, or services that may
lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c).
10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by
City at 10300 Toree Avenue, Cupertino, CA 95014 or sent via email at joannej@cupertino.org
before 5:00 p.m. no later than two Working Days following the date upon which the City posts the
bid results (“Bid Protest Deadline”) and must comply with the following requirements:
10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a
bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A
bidder may not rely on the bid protest submitted by another bidder, but must timely pursue
its own protest. If required by City, the protesting bidder must submit a non-refundable fee
in the amount specified by City, based upon City’s reasonable costs to administer the bid
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 6
protest. Any such fee must be submitted to City no later than the Bid Protest Deadline,
unless otherwise specified. For purposes of this Section 10, a “Working Day” means a day
that City is open for normal business, and excludes weekends and holidays observed by
City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s
DIR registration number on the Subcontractor List form is not grounds for a bid protest,
provided it is corrected within 24 hours of the bid opening or as otherwise provided under
Labor Code § 1771.1(b).
10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the
protest and must include all supporting documentation. Material submitted after the Bid
Protest Deadline will not be considered. The protest must refer to the specific portion or
portions of the Contract Documents upon which the protest is based. The protest must
include the name, address, email address, and telephone number of the protesting bidder
and any person submitting the protest on behalf of or as an authorized representative of the
protesting bidder.
10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting
bidder must also concurrently transmit the protest and all supporting documents to the
protested bidder, and to any other bidder who has a reasonable prospect of receiving an
award depending upon the outcome of the protest, by email or hand delivery to ensure
delivery before the Bid Protest Deadline.
10.4 Response to Protest. The protested bidder may submit a written response to the protest,
provided the response is received by City before 5:00 p.m., within two Working Days after
the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the
“Response Deadline”). The response must attach all supporting documentat ion. Material
submitted after the Response Deadline will not be considered. The response must include
the name, address, email address, and telephone number of the person responding on
behalf of or representing the protested bidder if different from the protested bidder.
10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City,
the protested bidder must also concurrently transmit by email or hand delivery, by or before
the Response Deadline, a copy of its response and all supporting documents to the
protesting bidder and to any other bidder who has a reasonable prospect of receiving an
award depending upon the outcome of the protest.
10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory
and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s
failure to comply with these procedures will constitute a waiver of any right to further pursue
a bid protest, including filing a Government Code Claim or initiation of legal proceedings.
10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid
protest that it determines lacks merit, to award the Contract to the bidder it has determined
to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to
Proceed with the Work notwithstanding any pending or continuing challenge to its
determination.
11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or
to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or
reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work
with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as
otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest
responsive bid. Any planned start date for the Project represents the City’s expectations at the time
the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before
such planned start date, and it reserves the right to issue the Notice to Proceed when the City
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 7
determines, in its sole discretion, the appropriate time for commencing the Work. The City
expressly disclaims responsibility for any assumptions a bidder might draw from the presence or
absence of information provided by the City in any form. Each bidder is solely responsible for its
costs to prepare and submit a bid, including site investigation costs.
12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the
apparent low bidder, the bidder must submit payment and performance bonds to City as specified
in the Contract Documents using the bond forms included in the Contract Documents. All required
bonds must be calculated on the maximum total Contract Price as awarded, including additive
alternates, if applicable.
13. License(s). The successful bidder and its Subcontractor(s) must possess the California
contractor’s license(s) in the classification(s) required by law to perform the Work. The successful
bidder must also obtain a City business license within 15 days following City’s issuance of the
Notice of Potential Award. Subcontractors must also obtain a City business license before
performing any Work.
14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works
project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project.
15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system,
boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each
bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for
the protection of life or limb, which comply with safety orders as required by Labor Code § 6707.
16. Subcontractor Work Limits. The prime contractor must perform at least 50% of the Work on the
Project, calculated as a percentage of the base bid price, with its own forces, except for any Work
identified as “Specialty Work” in the Contract Documents. The total bid amount for any s uch
Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before
computing the 50% self-performance requirement. The remaining Work may be performed by
qualified Subcontractor(s).
17. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with
the Contract Documents and including all required attachments must be submitted within 48 hours
following a request by City. A bid that does not fully comply with this requirement may be rejected
as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently
determined to contain false or misleading information, or material omissions, may be disqualified as
non-responsible.
18. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated,
and submit the completed Bid Schedule with its Bid Proposal.
18.1 Incorrect Totals. In the event a computational error for any bid item (base bid or
alternate) results in an incorrect extended total for that item, the submitted base bid or bid
alternate total will be adjusted to reflect the corrected amount as the product of the
estimated quantity and the unit cost. In the event of a discrepancy between the actual
total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the
amount entered as the base bid on the Bid Proposal form, the actual total of the itemized
or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid
price. Likewise, in the event of a discrepancy between the actual total of the itemized or
unit prices shown on the Bid Schedule for any bid alternate, and the amount en tered for
the alternate on the Bid Proposal form, the actual total of the itemized prices shown on
the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID PROPOSAL
2022-101 Page 8
provision is intended to prevent a bidder from requesting to withdraw its bid for material
error under Public Contract Code § 5100 et seq.
18.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the
actual quantities required to perform the Work may be greater or less than the estimated
amount. The Contract Price will be adjusted to reflect the actual quantities required for
the Work based on the itemized or unit prices provided in the Bid Schedule, with no
allowance for anticipated profit for quantities that are deleted or decreased , and no
increase in the unit price, and without regard to the percentage increase or decrease of
the estimated quantity and the actual quantity.
END OF INSTRUCTIONS TO BIDDERS
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID SCHEDULE
2022-101 Addendum 1 Page 11
Bid Schedule
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total
Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs)
BID
ITEM
NO.
ITEM DESCRIPTION EST. QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
1 Remove and Replace Sidewalk 30290 SF $ $
2 Remove and Replace Driveway
Approach 11700 SF $ $
3
Remove and Replace Curb and
Gutter (Detail 1-16 Type A2-6 or
Type E) 4360 LF
$ $
4 Remove Park Strip
Improvements 4670 SF $ $
5 Valley Gutter 390 SF $ $
6A Depressed Curb Ramp
(Caltrans Type A) 2 EA $ $
6B Depressed Curb Ramp
(Caltrans Type B 4 EA $ $
6C Depressed Curb Ramp
(Caltrans Type C) 11 EA $ $
6D Depressed Curb Ramp
(Caltrans Type D) 2 EA $ $
6E Depressed Curb Ramp
(Caltrans Type E) 2 EA $ $
6F Depressed Curb Ramp
(Caltrans Type F) 2 EA $ $
6G Depressed Curb Ramp
(Caltrans Type G) 2 EA $ $
7 Upgrade Existing Ramps 10 EA $ $
8 Retaining Curb 304 LF $ $
9 Root Barrier 200
LF
$ $
10 Median Island Curb (City Detail
1-16 95 LF $ $
11 Reconstruct Catch Basin 2 EA $ $
12 Remove / Replace Asphalt 450 TON $ $
TOTAL BASE BID: Items 1 through 11 inclusive: $_____________________________________
Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
BIDDER NAME: ________________________________________________________________
2022 Reconstruction of Curbs, Gutters and Sidewalks 2021 Form BID SCHEDULE
2022-101 Addendum 1 Page 12
END OF BID SCHEDULE
CITY OF CUPERTINO PUBLIC WORKS
2022 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
PARTIAL LOCATION LIST
C&G PARKSTRIP RAMPS
RETAINING
CURB ZONE
STREET #LENG WD.SQ.FT.L F Leng WD SQ. FT.SQ.FT.EA LF
Barnhart Ave 18941 24 4 96.00 24 0.00 22
Carver Ave 10616 51 4 204.00 86 0.00 1- TYPE C 18 22
Carver Ave 10621 19 4 76.00 18 12 4 48.00 22
Morengo Dr 10609 5 4 20.00 11 15 4 60.00 22
S Tantau Ave 899 13 5 58.50 14 19 14 266.00 22
S Tantau Ave 10348 42 5 189.00 22 4.5 99.00 110 22
S Tantau Ave 10362 8 5 36.00 62 13 7 91.00 22
S Tantau Ave 10660 0.00 52 23 4 92.00 22
S Tantau Ave 10672 24 4 96.00 52 28 4 112.00 22
Sterling Blvd 10200 30 4 120.00 58 28 4 112.00 22
Stern Ave 10057 34 4 136.00 0.00 22
Stern Ave 10069 21 4 84.00 21 0.00 22
Stern Ave 10104 40 4 160.00 34 8 4 32.00 22
Stern Ave 10116 22 4 88.00 62 22 4 88.00 22
Stern Ave 10140 10 4 40.00 10 0.00 22
Stern Ave 10141 13 4 52.00 4 0.00 22
Sutton Park Pl 5999 36 5 162.00 68 0.00 65 22
Tuggle Ave 18816 29 4 116.00 33 4 4 16.00 22
Tuggle Ave 18930 0.00 0.00 1-TYPE C 18 22
Tuggle Ave 18955 33 4 132.00 58 24 4 96.00 22
Tuggle Pl 100' VL 10610 27 4 108.00 33 0.00 1-TYPE C 18 22
Tuggle Pl 100' VL 10611 107 4 428.00 127 20 4 80.00 1-TYPE C 18 22
Bret Ave 10190 10 5 45.00 10 4.5 45.00 22
Sterling Blvd 10210 4 5 18.00 4 4.5 18.00 22
Sterling Blvd 10200 35 4 140.00 25 26 4 104.00 22
Sterling Blvd 10190 0.00 20 4 80.00 22
Stern Ave 10128 10 4 40.00 10 0.00 22
Sterling Blvd 10468 0.00 12 12 4 48.00 22
Minette Dr 10820 29 4 116.00 29 0.00 22
Minette Dr 10830 17 4 68.00 25 9 4 36.00 22
Stern Ave 10151 5 4 20.00 0.00 22
S Tantau Ave 965 26 5 117.00 10 0.00 91 22
S Tantau Ave 957 31 5 139.50 25 0.00 22
S Tantau Ave 947 32 5 144.00 0.00 22
S Tantau Ave 977 39 4 156.00 19 4 76.00 22
Moretti Ave 10300 0.00 5 4 20.00 22
Moretti Dr 10490 34 4 136.00 26 0.00 22
Calvert Dr 10420 4 4 16.00 3 4.5 4 18.00 22
SIDEWALK DRIVEWAY
Page 1
C&G PARKSTRIP RAMPS
RETAINING
CURB ZONE
STREET #LENG WD.SQ.FT.L F Leng WD SQ. FT.SQ.FT.EA LF
SIDEWALK DRIVEWAY
Pendergast Ave 18816 4.5 4 18.00 4.5 12 4 48.00 22
Loree Ave 19040 17 4 68.00 41 0.00 22
Bret Ave 10176 62 4 248.00 13 11 143.00 22
Stern Ave 10211 20 4 80.00 13 20 4 80.00 22
Newsom Ave 18971 48 4 192.00 48 0.00 22
Tuggle Pl 10621 65 4 260.00 86 0.00 22
Tuggle Pl 18881 58 4 232.00 58 21 4 84.00 22
Barnhart Ave 18950 42 4 168.00 50 9 4 36.00 22
Barnhart Ave 18951 24 4 96.00 50 22 4 88.00 22
Barnhart Ave 18961 22 4 88.00 47 25 4 100.00 22
Sterling Blvd 10476 12 4 48.00 12 0.00 22
Sorenson Ave 19349 0.00 5 0.00 22
Stern Ave 10181 14 4 56.00 18 16 4 64.00 22
Calvert Dr 10375 3 4 12.00 21 18 4 72.00 22
Wunderlich Dr 10646 25 4 100.00 42 17 4 68.00 22
Rodriguez Ave 20010 16 4.5 72.00 12 0.00 17
S Blaney Ave 10303 20 4.5 90.00 0.00 17
Stevens Creek Blvd 19999 22 4.5 99.00 0.00 17
Torre Ave 10000 5 5 25.00 6 13 11 143.00 17
Torre Ave 10100 0.00 4 0.00 17
Bollinger Rd 20207 20 4.5 90.00 0.00 18
Bollinger Rd 20221 38 4.5 171.00 0.00 18
Alderbrook Dr 10816 18 4 72.00 12 0.00 19
Glenview Ave 10640 38 4.5 171.00 23 16.5 11.5 189.75 19
Pineville Ave 10390 7 4.5 31.50 0.00 19
Pineville Ave 10400 42 4.5 189.00 8 4.5 36.00 19
Pineville Ave 10410 7.5 4.5 33.75 25 19 11.5 218.50 19
Pineville Ave 10420 8 4.5 36.00 0.00 19
Pineville Ave 10421 16 4.5 72.00 16 20 11.5 230.00 90 19
Pineville Ave 10501 17 4.5 76.50 0.00 19
Pineville Ave 10509 46 4.5 207.00 11 12 132.00 207 19
Pineville Ave 10510 8 4.5 36.00 18 0.00 19
Pineville Ave 10517 17 4.5 76.50 10 19 12 228.00 19
S Blaney Ave 10340 0.00 0.00 76.5 19
Bixby Ave 19711 30 4.5 135.00 0.00 20
Bixby Ave 19722 39 4.5 175.50 11 4.5 49.50 120 20
Bixby Ave 19741 12 4.5 54.00 20 11 7 77.00 166.5 20
Cold Harbor 10138 0.00 7 4.5 31.50 20
Cold Harbor 10158 30 4.5 135.00 7 0.00 4 20
Cold Harbor 10257 44 4.5 198.00 0.00 20
Cold Harbor 10338 8 4.5 36.00 34 0.00 166.5 20
S Portal Ave 10213 7 4.5 31.50 0.00 20
S Portal Ave 10223 25 4.5 112.50 0.00 20
Stevens Creek Blvd 19330 25 5 125.00 0.00 20
Page 2
C&G PARKSTRIP RAMPS
RETAINING
CURB ZONE
STREET #LENG WD.SQ.FT.L F Leng WD SQ. FT.SQ.FT.EA LF
SIDEWALK DRIVEWAY
Stevens Creek Blvd 19960 41 5 205.00 0.00 60 20
Wintergreen Dr 19733 31 4.5 139.50 20 11 220.00 20
Wintergreen Dr 19743 11 4.5 49.50 20 7 140.00 20
Amherst Dr 19776 11 4.5 49.50 0.00 26
Colby Ave 10304 0.00 0.00 27 26
N Blaney Ave 10140 13 4.5 58.50 47 0.00 58.5 26
N Blaney Ave 10180 12 4.5 54.00 2.5 0.00 27 26
N Blaney Ave 10190 27.5 4.5 123.75 11 0.00 126 26
Whaeaton Dr 19994 26 4.5 117.00 0.00 26
Bixby Ave 19751 20 4.5 90.00 0.00 27
Cherry Tree Ln 10430 55 4.5 247.50 11 11.5 126.50 27
De Anza aBlvd 10110 12 5 60.00 0.00 27
De Anza/Stevens Cr 10050 25 5 125.00 0.00 27
De Anza/Mariani 10500 21 4.5 94.50 0.00 27
De Anza St Joseph Front 10110 12 5 60.00 0.00 27
Greenleaf Dr 20917 14 5 70.00 10 0.00 27
Randy Ln 10740 0.00 0.00 1-TYPE G 16 27
Cranberry Dr 1042 26 4.5 117.00 0.00 3
Cranberry Dr 1046 9 3 22.50 0.00 3
Pennington 1019 0.00 0.00 31.5 3
Pennington 1039 25 4.5 112.50 0.00 3
Pennington Ln 1027 0.00 10 12 120.00 3
Shannon Ct 21484 4 4.5 18.00 0.00 3
Woodlark Way 7941 38 4.5 171.00 57 0.00 3
Woodlark Way 7948 32 4.5 144.00 0.00 3
Woodlark Way 7955 32 4.5 144.00 0.00 3
Woodlark Way 7961 12 4.5 54.00 0.00 3
Woodlark Way 7970 27 4.5 121.50 27 20 13.5 270.00 3
Woodlark Way 7978 12 4.5 54.00 0.00 3
Jamestown Dr 1464 14 4.5 63.00 0.00 8
Leeds Ave 7505 0.00 34 20 11 220.00 149.5 8
S De Anza Blvd/Sherrif Sub 1601 105 5 525.00 0.00 8
S Stelling Rd 1382 18 4.5 81.00 25 20 10 200.00 8
Hollyhead Ln 1119 10 4.5 45.00 0.00 9
Hollyhead Ln 1127 32 4.5 144.00 0.00 9
Bubb Rd 11257 0.00 4 14 11 154.00 10
Bubb Rd 11331 12 4.5 54.00 0.00 10
Bubb Rd 11351 0.00 0.00 81 10
Castleton Dr/Clarkston Ave 21574 39 4.5 175.50 26 0.00 157.5 10
Catalina Ct 11221 0.00 0.00 58.5 10
Catalina Ct 11235 0.00 0.00 36 10
Clarkston Ave 11122 30 4.5 135.00 31 0.00 31.5 10
Clarkston Ave 11132 0.00 25 0.00 10
Clarkston Ave 11137 0.00 16 4.5 72.00 10
Page 3
C&G PARKSTRIP RAMPS
RETAINING
CURB ZONE
STREET #LENG WD.SQ.FT.L F Leng WD SQ. FT.SQ.FT.EA LF
SIDEWALK DRIVEWAY
Clarkston Ave 11162 7 4.5 31.50 0.00 10
Clarkston Dr 11113 21 5 94.50 10 6 7 42.00 40.5 10
Mt Crest Dr 11215 0.00 22 9 2.5 22.50 10
Mt Crest Dr 11234 0.00 16 2.5 40.00 10
Santa Teresa Dr 10850 32 4.5 144.00 0.00 10
Sutherland Ave 11158 0.00 18 0.00 10
Wilkinson Ave 11102 14 5 63.00 0.00 10
Linda Vista Dr 10886 10 4.5 45.00 0.00 11
Mc Clellan/Monta Vista High 21840 0.00 0.00 11
Wilkinson Ave 10833 0.00 9 0.00 11
Lilac Ct 7811 17 4.5 76.50 0.00 14
Lilac Ct 7814 41 4.5 184.50 0.00 14
Lilac Way 7794 0.00 0.00 143 14
Lilac Way 7799 17 4.5 76.50 0.00 14
Rose Blossom Dr 884 3 4.5 13.50 0.00 14
Bollinger Rd 7585 0.00 14 0.00 15
Bubb Rd 11247 21 4.5 94.50 12 0.00 15
Dumus Ave 7518 23 5 103.50 0.00 91 15
Fallenleaf Dr 7423 13 4.5 58.50 0.00 15
Fallenleaf Dr 7450 8 4.5 36.00 29 0.00 15
Fallenleaf Dr 7464 30 4.5 135.00 22 13.5 297.00 22.75 15
Fallenleaf Dr 7478 12 4.5 54.00 0.00 15
Fallenleaf Dr 7492 0.00 3 0.00 15
Fallenleaf Dr 7523 0.00 0.00 221 15
Fallenleaf Dr 7540 8 4.5 36.00 29 0.00 15
Heatherwood Dr 7505 0.00 10 4.5 45.00 15
Elm Ct 21481 16 4.5 72.00 0.00 1-TYPE B 18 3
Conradia Ct 21504 16 4.5 72.00 0.00 1-TYPE B 18 7
Greenleaf Dr 20931 0.00 1 12.5 11 137.50 1
Mary Ave 10315 31 7 201.50 0.00 1
Mary Ave 10335 12 7 78.00 0.00 1
Mary Ave 10389 35 7 227.50 0.00 1
Mary Ave 10555 48 2 96.00 0.00 1
Mary Ave #1 10100 16 7 104.00 0.00 1
Mary Ave #2 10100 35 7 227.50 0.00 1
Mary Ave #3 10100 15 7 97.50 0.00 1
Mary Ave #4 10100 26 7 169.00 0.00 1
Mary Ave #5 10100 30 7 195.00 0.00 1
Mary Ave #6 10100 10 7 65.00 0.00 1
Millard Ln/Mary Ave 21480 52 7 338.00 3 1.00 1
N Stelling Rd/Quinlin Ctr 10185 0.00 0.00 1-TYPE C 18 1
Stevens Creek Blvd 21251 8 4.5 36.00 0.00 1
Stevens Creek Blvd 21255 95 4.5 427.50 0.00 1
Stevens Creek/Senior Ctr 21251 0.00 28 0.00 1
Page 4
C&G PARKSTRIP RAMPS
RETAINING
CURB ZONE
STREET #LENG WD.SQ.FT.L F Leng WD SQ. FT.SQ.FT.EA LF
SIDEWALK DRIVEWAY
United Pl/SW Stllg & Alves 10140 0.00 0.00 1-TYPE C 18 1
De Anza Blvd 10591 86 5 430.00 35 24 10.5 252.00 2
N Stelling Rd VG 6 10735 0.00 12 0.00 2
Pasadena Ave 10056 5 6 27.50 0.00 12
Pasadena Ave 10060 0.00 33 18 2.5 45.00 12
Pasadena Ave 10064 0.00 34 0.00 12
Mc Clellan Rd 22057 16 5 72.00 9 0.00 33
Mc Clellan Rd 22059 13 5 58.50 0.00 33
S Foothill Blvd 10460 19 5 85.50 19 0.00 33
Voss Ave/Foothill Blvd 22590 10 5 45.00 0.00 36
Royal Oak Dr 22706 16 5 72.00 0.00 37
TOTALS 15,942.00 2,294.00 6,159.75 2,458.75 9.00 160.00
Page 5