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91-101 Traffic Signal Installation Bubb Rd. & Results Way Proj 91-101 - Sanjose Signal Electric Construction Inc
TRAFFIC SIGNAL INSTALLATION 1 of 5 BUBB RD. & RESULTS WAY PROJ, 91-101 CONTRACT FOR PUBLIC WORKS This CONTRACT made on 1990 by the CITY OF CUPERTINO, a municipal corporation of of California, hereinafter called CITY and San Jose Signal Electric Construction, Inc. , hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and C014TRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualif'_cation Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. L. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. 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 TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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, TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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 CONTR:'_CTOR, but subject to the inspection and approval cf 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 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 Ninety-Four Thousand Seven Hundred Eighty Seven Dollars and 50/100, 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 of 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, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. 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. (. 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 shopo wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested ur 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 CHANCES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or 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, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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. CHANCES TO MEET ENVIRONMEMTAL 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, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Conrract 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 Ly reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR 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. Tf 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. 1.2. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a genera' assignment for the benefit of creditors, or kf a reapi-er should be appointed on account of insolvency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract, CI?'Y 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(IO) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof :ie made, the Contract shall, upon the expiration of said teri(10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONT%%CTOR, 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 C(ntract, 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 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 c,r amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors 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 COz:"RACTOR, 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 cf the claim or claims. Wits► 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 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 San Jose Signal Electric Construction, Inc. , P.O. box 611525 San Jose CA 95161-1525 postage prepaid and certifie&; 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 t:_e 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. 1.6. 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 m:mufacturer, such Specifications must bf mat by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is .qual 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 1.7. WORKER'S COMPENSATION INSURANCE ARID 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 sub-contractors similarly to provide Worker's Compensatt3n and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by 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 w:.th the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACC.IDENT 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 o-: 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 seperate 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 occurance:; or conditions and effects: earthquakes and tidal waves, when such occurances 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 he 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 sny sub-contractor 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 ' STATE OF CALIFORNIA On this......... • -- 1.....day of..`�. ? .. ... ... in the year ss. ....,before me, • COU1`'TY /9,r,/... .... ... .......,a Notary Public,State ofC fornia, /f my lice and and sworn,personably appeareda.ill! .. ,.. c y. ttttitttt�ttYBlttN�OtOtittttttgfi9ttttQttttB/ttttY� ............................................................................... OFFICiAL SEAL personally known to me(or proven to me on the basis of satisfactory evidence) JO ANN SANCHEZ to be the person who executed the within instrument a NOTARY ovtisc _ CALl"AMA s or on, behalf of the corporation therein named and acknowledged to me that coos.v OF a.rnA � such corporation executed the within instrument pursuant to its by-laws or a ARA s93dComm.omm. ftip. lu.y 22. 74 tttttuuttttuttteannneareateetnateTuntwtutuaa resolution of its board of directors. IN WITNESS WHEREOF I hKe hereunto set my hand and affixed my official seal in the !°�,i��..—.->01P'.......County off: - .4z'` '--- Ths6ugarierlroNyaQen«,ufam.aa�n vsaa�er to uae nampNe ..................................on the date set forth aboe in this certificate. trMtaetlora wA n ro eaT eda.d a w aa.as a eWaMute fiy ma _ G �, aQrksdm�N�ms►.The Omar doaa rotmske ary a�rWY e�e+e�e%s a unpne0 as w me ��_._'Li�—0. Aar..rwr a.ev vowon a Or d Oaae m e n N vermeno —�! ' Notaily Public, State of Ca ifornia Cowdery's Form No. 28—Acknowledgement to Notary Public— ---_� Corporation(C.C.Seca. 1190-1190.1)—(Rev. 1l83) My commission expires CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTiNO San Jose Signal Electric Construction, Inc- P.O. Box 611525 San ,Jose CA 95161-1525 By: ��ti ' By: Mayor Pro Tempore FRANK A ARCIA PRESIDENT Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: _ f ,1990( �� City Clerk APPROVED AS TO FORM AND PROCEDURE: > ij City Atto irdey Contract Amount:Ninety-Four Thousand Seven Hundred Eighty Seven Dollars and 50/100 Account Number: 06 �Q> • Purchase Order Number: ° Contract Page 6 of 6 CITY OF CUPERTINO INTERDEPARTMENTAL Date Jan. 8, 1991 To CITY CLERK From PUBLIQWORKS--SUMI ` CI Information MESSAGE: TRAFFIC SIGNAL, BUBB @ RESULTS WAY (CC 11/19/90) CI Implement PROJECT 91-101 C! Investigate C) Discuss 1 Three sets of contract for processing. _ �I See me 2 One copy each faithful performance bond and labor and material � Reply bond Indemnity Company of California Bond No. 203182P sm attach. Reply: San Jose Signal Electric Construction Inc. P. 0. Box 611525 San-Juse, CA 95t6t-t525 SIGNED: DATE _. Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returneci with reply . CORPORATION STATE OF CALIFORNIA COLINTVOF CONTRA COSTA �Ss. On— D E C E M B E R 31 , 1990 hefore me.the undersigned.a Notary Public in and for said State. personally appeared AL B E RT E. HART S personally known to me (or proved to me on the basis of satisfactory Iaa evidencel to be the person who executed the within instrumert as Attorney. S in-Fact on behalf of Indemnity Company of California, the corporation F therein named,and acknowledged to-ne that the corporation xecuted it. ;^� lbaaaL O F F I C 1 A L SEA L REGINA N. CHESTERMAN WITNESS m and nd official seal. / +a r. ti N01aHY i IIHUC—GIIF^RNIA CONTRA COSTA COUNTY My cu,mm�;.ion e.Pirts Autr.7.1991 .4e.A'91.9i,. Si,znat re ICC 304(REV. S) 7his areafur Official Notarial Seal STATE OF CALIFORNIA On this..... day of.... .. .......in the year ss. j .............. ....................... before me, COUNTY Ofl��... ........ .. .....a Notary Public,State of California, di;P,17icensed ao sworn',personally appeared... ........... ................................ ........ OFFICIAL SEAL sat .... personally known to me(or proved to me on the basis of ati evidence) JO ANN SANCHEZ to be the person who executed the within instrument s. ..... ......40. NOTARY PUBUC — CAj**Rp4;A X or on behalf of the corporation therein named and acknowledged to me that 04a' COUNTY Of SANTA CLARA such corporation executed the within instrument pursuant to its by-laws or a Comm. Eirp. JOY 22, 1994 7resol ution of its board of directors. IN WITNESS WFAREOF I haw--hereunto set my ha d and affixpi my official seal in the I .. - ' =,;z a County of ............. Ra dmwwd is"a gemag bm whKh M"be piomi tar um n qwWW .................. .......... on the date set forth a6o,e in this certificate. VVWWboa old m w"wS.W a W"Wad man.m a uftmmv. trw S&C801MV07"The porter does not M"a arty wart"Odher empress ot,mphodasiottw fto Y&Wft of affv provkwn of 00 sudab9fty of ftm tcrms M enY span c qarmWm Cowdery's Form No.28—Acknowledgement to Notary Public— Not ry Public, State of California Corporation,(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commissioii expires BOND NO. 203182P CONTRACT FOR PUBLIC WORKS(Continued) PREMIUM: $2 , 370 . 00 PROJECT 91-101 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, San Jose Signal Electric Construction, Inc. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, (bonding company's name) are herd and firmly bound unto the City of Cupertino, State of California, in the sum of Ninety-Four Thousand Seven Hundred Eighty Seven Dollars and 50/100 lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, ' WHEREAS, the Principal has entered into a contract with the City dated ,1990 with the Obligee to do and perform the following work to-wit: TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY PROJECT 91-101 NOW, THERFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 31st day of DECEMBER 1990. (To be signed by Principal and Surety. Notary acknowledgments required) San Jose Signal Electric Construction, Inc. } By • Principal 17 fR,9N,CA M904 �RF.S/DENT" INDEMNITY COMPANY OF CALIFORNIA Surety By: ,` 0" (j arc,-i �- �-(.C._4 _ Attorney-In-Fact ALBERT E . HART The above bond is accepted and apprcved this day of '1990. Faithful Performance Bond Page 1 of 1 ' BOND NO. 203182P PREMIUM INCLUDED IN PERFORMANCE BOND CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and San Jose Signal Electric Construction, Inc. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY, PROJECT 91-101, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, San Jose Signal Electric Construction, Inc. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Ninety- Four Thousand Seven Hundred Eighty Seven Dollars and 50/100. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upgn this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans corporations entitled to file claims under Section 1184.1 of the Code of Labor and Material Page I of 2 CORPORATION STATF OF CALIFORNIA Coo, JTYOF CONTRA COSTA SS. On D E C E MB E R 31 , 1990 before me,the undersigned,a Notary Public in and for said State, wpersonally appeared ___. ALBERT E. HART personally known to me (or proved to me on the basis of satisfactory w evidence)to be the person who executed the within instrument as Attorney v y in•Fact on behalf of Indemnity Company of California, the corporation Ftherein named,and acknowledged to me that the corporatio executed it. OFFICIAL SEAL WITNESS my ha an official seal. LEGINr' tCOSTA ESTERMAN COUNTY m ,& Signatur ICC 304(REV.2/85) This area for Official Notarial Seal STATE OF CALIFORNIA On this.. .....�.'.+...day of. in the year ss. 10;/ ..................��1��/...,before me, COUNTY OV,,;;"... ,__.. a Notary Public,State of California, ul licensed d sworn, rsonalI a Bare .......'..... y y Pe PP S� �1'x sad f.G... Ze�a +a+iuoaaa4unusu+unan+usuauu+naewnawauu® ............... ............P...............d"�'1.,....... ....... OFFICIAL SEAL a personal] known to me for roved to me on the basis of satJ ry evidence) f'? JO ANN SANCMEZ to be the person who executed the within instrument as r'0 ..OTARY vueuc - cwuoRMA or on behalf of the corporation therein named and acknowledged to me that z :; COUNT. a, ward cuoA such corporation executed the within instrument pursuant to its by-taws or a Comm. Exp. July 22, 1994 d resolution of its board of directors. ®ua+aeuau++.a+u+en+uee»oe +r++w+ou+uc9+ene� IN WITNESS WHEREOF I have hereunto set my hand and affixed ffi my official seal in the, -..,County of..aa!A-! ".ate.5«"ae �*•�"my topm ImUW � ...................... Simple ��!on the date set forth move in this certificate. .. aatasoMm am n no way ads,of is eaended to aWt aG a sUb$Mft tv vn — adviaa d as dY TMprMei Ases,wf male arty emrany Gate,expresso implied m to tte 7�'—�.►.—_�`. �`�- / wal,40in 0,ft a.tacety Of ft"torms m a y Vocft narmwtm Notary Public, State of- California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs.1190-1190.1)—(Rev. 1/83) My commission expires r fy CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 Civil Procne, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be perform3d thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed b the Principal and Surety this 31 s t day of DECEMBER , 19 9� (To be signed by Principal and Surety. Notary acknowledgments required) San Jose Signal. Electric Construction, Inc. B y : �/ G Principal FPA A. 6AROA pR,E510EN i INDEMNITY COMPANY OF CALIFORNIA Surety Attorney-In-Fact ALBERT E . HART A The above bond is accepted and approved this day of ,1990. Labor and Material Page 2 of 2 Z OF CAU !A W. P.O.SM 3343.ANAHEIM,CALIF.92M • (714)1 -1+471 #NOTICE: t Ag PoOW and authoetty 11e0e341 glangd shad In Oft erertt terminate on the 31st day of Oecerlitter,logo. t 11114 Power of Attorney Is void H altered of►any po Mon is erased. n 3. TN*Pmw of Attorney is void unlan the see!is res d oble,me text is in brown Ink.the signatures sae in blob ink and thisnotice N in re4iitir f. 4.Tl"rower of Attorney should net be veturn"to ftN A*Wra $)4n-FW but Should remain a permanent part of the obfil" S raoatd& [tNW AL l.fitiM BY THESE f►RESENTS,that,amp as esprataly limited,tNV&N14Y COMVAM-,;P CALO97tNlA and tfEVUOPM ffWURAIM CGOMW.do eaott WJWA*,but IW jointly,hareby make,constitute rand appoint ***ALBERT E. EMT, SHEITA STEVENS, OAIL FOUSHEE, JOINTLY OR SEVERALLY*** lfuR and lewtut AftOrney(s)-in-Feet,W make.exictftda err atrk#tckriosrkrdge,for amd on behalf of oWh of saki oorporatio ne as sumi",bonds, a65d1 cot art o4 aetirolyship in an amount not exceeding$i,frt 0.0Win any s ;ghrkflt and granting undo s&W AtQDmeoe)-in-Fact full power and&UVWfht io dearaifo p6tyitrm every Go, 4vceaesry.requfsttsorpropertobeBoneInconnectiort do,bin reservingtoe&Mateabcorporatlonefuilpa tofsu iiQrtandrover :. . tddlt; and all of the acca of said Attoanay(s)in•Feel pursuant to thsas pr43er ,are hereby ratified and coMlrmed. s. Tlta authority and powers corftrred by this Power of Attorney do coat extend to any of the following bonds,undertakings or owwacts of euretyshtp: Bank dOPO$tort'bonds,mortgage deflctency bore mW%aWguaraMee ban"guarantees of Insilellment paper,rate guarantee bonds,bondacn flnericlat Ina ttrftons,faega bond&Insurance company qualifying bonds,8011-018urees bands,fidelity bonds or ball bonds. TINTS Poorer of At 0mW is granted and la signed by facsimile under and by authorityof the lattowing resulutlone adopted by Direofraof 19D 917V OOMPANT fV CALIFORNIA and OEifELOPERS INSURANCE COMPANY,effective as of September 24,1SU: RESOLVED,that the Chairmar.of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,aothoHkadto execute Powere of Attom4y, Qualifying theatiorney(s)named In'draPowersof Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and thattheSecrateryoranyAsals.: ."tart Secretary of the corporation be,and each of them hereby Is,authorized to attest the execution of any such Power of Attorney; MSOLVED.FURTHER,that the sige stures of such officers may be affixed to any ouch Power of Attorney or to any certificate relating thereto byfaeeirniie.and any such Power otAttor- MY or certificate bearing such facsimile signatures shell be valid and binding upon the corporation when so affixed and in the fuh:re with respect to any bond,undertaking or contract of suretyship to which n is attached. IN WITNESS WHERE-OF,INVEMNrrY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severalty caused these presentsto to signed bythatr respat. thre Presidents and attested by their respective Secretaries this 2nd day of January,1990. UIDEMNfTY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY B ' _ - y BY— Gerald A.Sauvageau,P dent Gerald A Sauva AN Beau.President etsu R ` ttPv z z' OPT,A o n ATTEST ATTEST „� kAR.2T, o p Ise? ' a fare $ raa ,,�fiU-�^� By _ / Harry .Crowell,Secretary Marl.Crowell,Secretary 4 STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ! On January 2,1990,before me,the undersigned,a Notary Public in and for said State,personally appeared Gerald A.Seuvageau and Harry C.Crowell,personally known to me(or proved to moon the basisof satistactory evidence)to be the persons who executed the within instrument as President and Secrataryon behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the eorporetlonb executed it. WITNESS my hand and official seal. s � e iSf�Al SEAL Signature_ e�lit' "I'a'"" _ �I'�"`A>✓ V(RGINIA M. LOUMAN Notary Public , M) Normy PUBuC•CALWOR PRINCIPAL GNICE.IN ORANUCCUNIV my ont5w[III ft 9»3. CERTIFICATE The undersigned,as Vice President of INDEM"rry COMPANY OF CALIFORNIA,and Vice President of DEVELOPERM INSURANCE COMPANY,does hereby txartity that the foregoing and attached Power of Attorney remains in full force and has not Leon revoked;and furthermore,that the provialons of the resolutions of the respective 3oa►ds ottamtom ctf teed corporations set forth in the Plower of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in:be City of Ahahelm,Cslitomla Oft Y o t day of 11-[_R14t TI<F.12 ,low *0 M I TY COMPANY OF CALIFORNIA< DDttSt,07rER8 fetlFlRAlIGE COMPJIIiY xpr 0 oaroa, 6 ' OlF a �• OItT.& SY "il��• �' ae.. Irt1111i31t q L.C.Ftebtgar 6ea1 o L,C.F tar tiff Senior Vice President Sonlor Ptesidattt t' ' W410 REV.l2/>3g ta@Nt8 ri?ATE (UUQD&Y) — 0 12"1 y PRODUCER ' THIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Albur er Baste de Grosz l NO RIGHTS UPON I+`E CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, s 1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 301 Island Parkway P.O.Box 2017 COMPANIES AFFORDING COVERAGE Belmont,CA 94002-1169LETTER COMPANY A Aetna Life& Casualty INSURED LETTECOMPANY B Fremont Compensation SAN JOSE SIGNAL ELECTRIC �a C "Revised" _ pUBf i:: CONSTRUCTION,INC. -- -- --- -- - COMPANY a 'JAN 1991 P.O.Box 611525 San.Jose,CA 95161-1525 (COMPANY E 1 LETTER a Egg ME THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 4AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co POLICY EFFECTIVE POLICY EXPIRATION `I�` TYPE OF INSURANCE POLICY wUMBER @LL LIMITS IN THOUSANDS TRI _ DATE(MM/DD/YY) DAIS(MM/MYY) ^— �fl- GENERAL AGGREGATE S 2,000 GL'NERAL LIABILITY ! �X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPrOPS AGGREGATE S 2,000 A %Ti CLAIMS MADEF—X I OCCUR. ACM020393820 04/23/90 04/23/91 PERSONAL& ADVERTISING INJURY S 1,000 X OWNER'S a CONTRACTORS PROT EACH OCCURRENCE $ 1,000 rX XC&U Included FIRE DAMAGE (Any one fire) $ 50 E MEDICAL EXPENSE (Anyoneperson) M 5 ------- AUTOMOBILE LIABILITY — -----'— `—^ -- i— COMBI EVEN SINGLE t 1,000 X ANY AUTO LIMIT FIN ALL OWNED AUTOS BODILY ! — INJURY S r AUTOS 1 04l23/ 0 / 1 Pe person)SCHEDULED2 CC 9 04 2319 OSF 0203938 ( oe ) A 3 X HIRED O! AUTOS BODILY v 0 i INJURY E X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY 1 — PROPERTY >; �_ --- -- DAMAGE EXCESS LIABILITY i EACH AGGREGATE —� j jOCCURRENCE I �3 s OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY $ 1,000 (EACH ACCIDENT) B AND iWP9049563101 j 04/.23/90 � 04/23/91 $ 1,000 (DISEASE--POLICY LIMIT) EMPLOYERS'UABIUTY 1,000 —(DISEASE—EACH'EMPLOYEE) OTHER ' I j DESCRIPTION OF OPERATIONS/LOCATIONSNEWCLES/SPECIAL ITEMS Project#91-101Installation of Traffic Signal at Bubb and Results Way.File #74,297.6. The City and members of the City Council of City of Cupertino individually and collectivelyand the Officers,agents and employees of the .<:^ a?.•-�G}� :.7:..5`ti'•±`t�`:..y,`>�??:`-:'fi:;.':o;`S�i:,;:�:%i};?�; .� pp j,}�`� �� y .yy�p -,<- <:��?'.::`:•''+}:?_v\n�1:fti';_•?•++'+_..!!:i:.:� .ui: ��r � ::{V V.M.Sit,N.:�..�]AMiV �'O '(.lid. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO r EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ATTN• VICKI GUAPO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 TOREE AVENUE LEFT, c CUPERTINO,CA 95014 < AUTHORIZED REPRESENT $:si::;•`.4 >;•cc.:.':R;•.'•`' ::;::;'-.S:T.ar:""i.'.:s:-•-i�.•':�.^•.:,:rfi.'�'>'15.'.� ;9� •o ^,a:_•:4;4`•:y. .:c,':•.'^r�:Y•?`: ry?;:}:%:::: •'\\.:.`.-•'.'•..-..�j•:a.•:�>`••�:::•,:?.L?, a,4in:�ALb.:?:.vvF.•?.:v:.4,y::.v:ri.?.�;\4ttrr�,'.:4?•1 1� .'•r4�hR;ti.:C:� ::C.?,.?5.p�>;5y.•;�.,: .p^:;•?�.�:'•:::.:r„1.{':...;•:;r...:•::?�.'�'�•f•.v.�:,?'•r: ::.4..:.: ''.\ n•(i �•iR:':T::n':::.:.: •• .v:\.i.: ...•.{n..':�•?+?�-:;iYi:'• .�:. f .r: SAN JOSE SIGNAL ELECTRIC { -1 City •y. individuaRyandcoNectivelyAM l`.be named e.r AddMonal Insured S • S W h a n Rz S ff Fg Z r. t ;;,]*�,,..+.<..r.{.t.'+,y ,w1 .i;;�].s`•. f'c.,�v,-% ,v ..:4Cr.d,:.r.:dw���t'�i6&�✓,�i %%saN._a)�,.>:rG.....:zap"`'. n.,•i.n..w:.%K::<.q.?rir} ;+JS >`5rN3kf5f�5.t).'•. `>�2a6.r, f,s+#:.^fSvc"psi *.i' ii'�k'4•naafi.Y<: `�:b"'`+�33.5`C ;'i°.G' w�.a''� b�M'�f ..i+,fw. .fix,...>.: . v � POLICY NUMBER: ACM20393820 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES 4R CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The ritY a^' m2mberS Of t1l° City Council G t hr r�,ity Oi Cui,er-i,inu individually and collectively and the Officers. agents and employees of the City individually and collectively shall be named as additional insured as respects liability. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Project #91-101 . Installation of Traffic Signal at Bubb Road and Results Way. File #74.297.6 CG 20 10 11 85 Copyright. Insurance Services Office. Inc., 1984 LSSUE DATE (MMtIX)/YY) 5 OV07191 FAtlljurger UCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Basso de Grosz EXTEND OR ALRIGHTS TER THE COVERAGE AFFORDED BYTE POLICIES B THE CERTIFICATE HOLDER. THIS CERTIFICATE ELOW. W T AMEND, 361 Island Parkway ---- P.O.Box 2017 COMPANIES AFFORDING COVERAGE Belmont,CA 94002-1169 LETTER A Aetna Life do Casualty INSURED - --j COMPANY 13 Fremont Compensation SAN JOSS SIGNAL ELECTRIC ""' C CONSTRUCTION,INC. r— --- -- — JAN COMPANY D P.O.Box 611525 LETTER- -- _ — San Jose,CA 95161-I525 �R E f THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY COW,r1ACT OR OT)4ER DOC'IMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER DA CY EFFEC''n E POLL EY1 EXPIRATION LTRI ---�• ALL LIMITS IN THOUSAOM GENERAL LIABILITY v — � + GENERAL AGGREGATE S 2,000 }( COMMERCIAL GENERAL LIABILITY '' I PRODUCTS-COMP/OPS AGGREGATE S 2,000 A {si?:ii;E; CLAIMS MADE®OCCUR. ACM020393820 i 04/23/90 i 04/23/91 PERSONAL 8 ADVERTISING INJURY S 1,000 X OWNER'S d CONTRACTOR'S PROT EACH OCCURRENCE ^� S 1,000_ —X i XC41j Included FIRE DAMAGE (Anyoneflre) S 5o ' MEDICAL EXPENSE (Arty one parson) S 5 AUTOMOBILE LIABILITY COMBINED X ANY AUTO SINGLE S 1,000 I L MIT ALL OWNED AUTOS i BODILY -- A SCHEDULED AUTOS 05FJO20-493821CC 04/23/90 0 2 (IPeuRY $ 4/ 3/91 ( person) X HIREDT AUTOS O i BODILY X NON-OWNED AUTOS INJURY S Pet accident 1 _ _ 1 GARAGE LIABILITY PROPERTY , "<>i�i'>%'"' , ? DAMAGE $ EXCESS LIABILITY —f_ ---- 'j EACH AGGREGATE j OCCURRENCE OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION S � 1.000 (EACH ACClDENT1 AND WP90495631.01. 04/23/90 04i23/91 I,000 S (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY 1,000 (DISEASE—EACH EMPLOYEE) OTHER (-------___� _— I !! i I ! i DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLES/SPECIAL ITEMS Project#91-101 Installation of Traffic Signal at Bubb Road and Results Way. File#74,297.6 . .. ,� @:.:�-\-.va..t i}v:.v\•..\-.:L.. \-.v.+:'v.�':.v-::.x:v'. ..:C::;\:4i:u'•'''.' y I t F;'p;: :>4::i«>.?�:-\::.v�:�j:?• ;>:.CT:;: �Ro...,vy.... - �2=�}'. �A •::��`. -�.�I.. ..:<l�. ..h%\: j} SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Attn:Vicki Guapo MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 Toree Avenue LEFT' Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE k.: .:•si.: :..;t%•^<:;,'..:"ii :<Ci•'.•Y'tit:.;i;'ot'a'sr`.'ijt':Y s.. :•.::v,: .:.r•:::x•.::.:m?r:::s:-:...:-f2?:•iFS..?q;»>,. {.::•s.. r:�s•:>,.;a• �x:o-:.,;:-%:n r' CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS PROJECT 91-101 TP.AFFIC SIGNAL INSTALLATION BUBB ROAD AT RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEMBER 13, 1990 Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, California 95014 4L • TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCUMENTS Notice to Contractors Proposal Bidder Qualification Form Sub-Contractors Form Bidder's Signature Form B. GENERAL PROVISIONS Adoption of Standard Specifications Headings and Citations Definitions of Terms Prosecutions and Progess of the Work Control of the Work Legal Relations and Responsibilities to the Public Proposal and Award of Contract C. SPECIAL PROVISIONS Location Scope of Work Order of Work Time of Completion and Liquidated Damages Prebid Conference Preconstruction Conference Inspection and Inspection Costs Traffic Control Record Drawing Warranty Permit Estimated Quantities Explanation of Bid Items Review and Approval Signatures D. CONTRACT E. FAITHFUL PERFORMANCE BOND F. LABOR AND MATERIAL BOND A. BID DOCUMENTS NOTICE TO CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. 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 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7 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, CA 95014, until 2:00 P.M. on NOVEMBER 13, 1990, 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 percent(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 same does not enter into a contract with the City within ten(10) 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 bid will be awarded to a Contractor who is not licensed 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 the proper classification of license. Notice to Contractors Page 1 of 2 BID DOCUMENTS(continued) PRW ECT 91-101 All bids received will be reported to the City Council of Cupertino within th y:y(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 reject any or all bids, and further reserves the right to delete any .item or items from the proposal or to increase or decrease the quantity of any item thereof in conformance to the Standard Specifications and these Special Provisions. 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 sub-contractors, 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 4590 of the California Government 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 California 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 CUPERTINO By: /0J Date: .3 y 0 City Clerk 1 Published: (C �J_ Notice to Contractors Page 2 of 2 e BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not :state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The L:,it Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The street improvements shall be completed on or before_ APL;L. ► , 19C 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before, r-C--6 15, , 1991. 3. Traffic signal. poles and hardware will be delivered to the job site for installation on or before If('A 1S 1951 . 4. The traffic signal system will be complete and operating on or before Ap u 1 , 19Q1 - The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: S 7 7, -141 o:' Dollars Lump Sum Proposal Page 2 of 12 • BID DOCUMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: s 3 V s°� ,Ea Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: $ 3 Lo /SF $ 1 Vi 9 tie Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: $ 1 ,-0 /SF $ 53-7460 Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: $ p' /LF $ Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: $ ll, 000 Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: /Ea $ 8I0" Dollars per Each Proposal Page 3 of 12 e BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 Z.F. Install Type A2-6 Curb and Gutter: JLF $ Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: $ 3 gs /SF $ 3ogq zs Dollars per Square Foot 11. 2 Each Install Handicap Ramp: $ '1 o? /Ea Dollars per Each 12. 140 L.F. Grind A.C. Pavement: $ Aso /LF $ 2310CP Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: $ 3�0 /Ton $jq(00 " Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: $ 15000' /Ea $ 1500°� Dollars per Each Proposal Page 4 of 12 e BID DOCUMENTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: (00 $ - ./LF $ Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Boat: /Ea $ 60� Dollars per Each 17. 1 Each Instal]. Number 6 Pull Box: $ 1 80CP /Ea $_ / eon' Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: $ ( 1 /LF $ y (oso Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: $ /LF $ 28C�d2 Dollars per Lineal Foot 20. 1 Each Remove Barricade: Dollars per Each Proposal Page 5 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 21. 8 Each Remove Painted Pavement Arrow: $ 33 /Ea $ Dollars per Each 22. 9 Each Remove Painted Pavement Legends: /Ea Dollars per Each 23. 2 Each Remove Sign Post: $ l (P oc> /Ea $ Dollars per Each 24. 3 Each Remove Traffic Signs: /Ea $ at Dollars per Each 25. 1 Each Relocate Traffic Signs: Dollars per Each 26. 7 Each Install Traffic Signs: /Ea Dollars per Each Proposal Page 6 of 12 BID DOCUMENTS(Continued) PROJECT 91.101 27. SO L.F. Install Traffic Striping State Detail 13: Dollars per Lineal Foot U 28. 340 L.F. Install Traffic Striping City Detail 23C: L---. Dollars per Lineal Foot $-- /LF $ 29. 420 L.F. Install Traffic Striping State Detail 38: /LF $ 2�7 ZA Dollars pe- Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: 60 Dollars per Lineal Foot /LF $ OS 31. 300 L.F. Install Traffic Striping State Detail 39AC: /LF $ Dollars per Lineal Foot . 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: $ 30 /LF $ O Dollars per Lineal Foot Proposal Page 7 of 12 BID DOCUMENTS(Continued) PROJECT 91-101, 33. 16 Each Install Painted Traffic Arrows: $ o/Ea $ 04 o0 Dollars per Each 34. 1 Each Install Painted Traffic Legends: $_ (4 oo /Ea $ Q L¢ o0 Collars per Each TOTAL: $ I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contrast. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ Z Lt4,,L� which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am of (bus ness 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 Proposal Page 8 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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. r C�Ezz�drrze �. �itzrl8, SM MOM E C 1 326 Commercial St. San Jose, CA. 95112 Proposal Page 9 of 12 BID DOCUMENTS(Continued) PROJECT 91.101 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 4/ years. Our experience in work comparable with that required by the proposed contract is `f years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . i=C L My California Contractor's License Number is i` Ic �6-d The classification of this License is C The expiration date for this License is 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. The following is a 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. Year Class, Location of Work and for Whom Performed Amount � 7`�o_ ��i r�� Lo �tE�•'.a� �1�7`,ik���..�� - r21,e_ft�.E.��� `7aFn.�c��''„� /.30JdG�i axc�i '�XiG -'9�Z ✓ ✓�� ?�x�c.�_ C,. . V 4- Proposal Page 10 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS FORK 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 shall perform work on this project. 1 1. Name (7 LaAQ J:�-O 1 n(. Address KA e► lit W1.) Work to be Performed �),� �'U,,, y TI4ej 13 2. Name Rows 5 i1 , Address hAAP-+1cJU Work to be Performed jQ 1 Twe N 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 BUSINESS NAME Or BUSINESS CORPORATION h'C -7 9 •�� � � f itaE'dr�se �. 7&xdo, $eft ,f CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: 4 ,raqZae �?. (Print or Type Name) (Signature) Date: Address(mailing & location) WF5 6 41 aw 326 Commercial St San Jose, CA. Telephone Number Acknowledgement of all addenda received is required by circling each addendum number. 3 4 5 6 7 8 9 10 Proposal Page 12 of 12 B. GENERAL PROVISIONS 1. ADOPTION OF STANDARD SPECIFICATIONS By this reference, the Standard Specifications of the State of California, Department of Transportation dated January, 1988 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications for PROJECT 91-101 and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other readings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California . Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. PROSECUTION AND PROGRESS OF THE WORK a. Noise Control Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: General Provisions page 1 of 12 GENERAL PRGVISIONS(Continued) PROJECT 91-101 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hi:ndred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Sect -it, 10.48.040, daytime and nighttime maximum noise levels. b. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of working or calendar days as shown in the Special Provisions. c. Record Drawings The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. d. Right of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. f . Suspension of the Contract If, at Any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractoz neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of completing said contract. The City may employ other parties, to carry the contract to completion, employ the General Provisions page 2 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 e. Suspensia.: of the Contra.ct(Cont'd) necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be f rfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all ,just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. f. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4b, above. It is agreed by the parties to the contract that in case all the work called for under the contract, in all parts and requirements, is not finished or completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. General Provisions page 3 of 12 GENERAL PROVISIONS(Continued) PROTECT 91-101 f. Time of Completion and Liquidated Damages(Cont'd) The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1..04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work: The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8•-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. [See Section 8-1.07. ] General Provisions page 4 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 5. CONTROL OF THE WORK a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Standard "pecifications, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory meths -, as required by the Engineer. The Contractor shall treat the site of 'v uurk in such a manner that will confine dust particles to the immediate s • ; of the work. The Contractor shall perform such dust control measure wit..:___. rwr ') hours after notification that the Engineer has determined that e �O.r-,, o ,,e dust nuisance exists. If the Contractor fails to abate the nc' aa;,.te wir' Lr: two(2) hours, the City of Cupertino may order that dust control alea:.i .es aL the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspection In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furnish telephone service at all facilities servicing the prcject. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by `he Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. 1 d. Monumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. & G. S. monuments in their proper places until their removal is authorized by the Engineer. Any monuments that have been removed without proper authority shall be replaced at the Contractor's expense. General Provisions page 5 of 17 GENERAL PROVISIONS(Continued) PROJECT 91-101 e. Samples and Tests The source of supply of each of the materials to be used on the project shall be epproved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert. (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense. g_ Water for Construction Water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. General Provisions page 6 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 b. Insurance _ Public Liability and Property Damage Prior to entering into the contract respecting this project, the bidder to whom the contract is awarded shall furnish to the City Council of the City of Cupertino satisfactory proof that the bidder has public liability and property damage insurance in effect for the entire ?eriod covered by the proposed contract. The insurance carrier and forms of insurance shall be satisfactory to the City. Said insurance shall name as additional insureds, the City, it's officers and it's employees and shall protect the City against loss or liability for damages resulting from (1) bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of t-he contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from the operations of the Contractor in the performance of the contract. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance shall be as indicated in (a) and (b) as follows: Each Person Each Occurrence Aggregate a) Bodily Injury Liability $500,000.00 $1,000,000.00 Property Damage Liability $250,000.00 $500,000.00 b) A single limit for Bodily Injury Liability and Property Damage Liability Combined of $500,000.00 $500,000.00 insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available under any other provision of the contract, or otherwise by law, except for retaining money due the Contractor. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned types for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof. [See State Standard Specifications Section 7-1.12. 1 c. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.OIA(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Contract Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions page 7 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 d. Prevailing Waxes The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications. t. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or fcr injury or damage to any person or persons, either workers or the public, or for dam&ge to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Ccntractor shall indemnify and save harmless the City and all officers and employees thereof from all suits, claims or actions of any name, kind and description, brought forth, or on account of, injuries to or death of any person including but noc limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. Thi duty of the Contractor to indemnify and save harmless includes the duties to Cefend as set forth in Section 2778 of the Civil Code. With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees. It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set fox-h above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of arty of these, other than the active negligence of the City, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City may be retained by the City, until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General Provisions page 8 of 12 e GENERAL PROVISIONS(Continued) PROJECT 91-101 e. Responsibility for Damaae(Cont`d) 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6b, above ("Insurance - Public Liability and Property Damage") . [See State Standard Specifications Section 7-1.12. 1 7. PROPOSAL AND AWARD OF CONTRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(') good Rnd sufficient bonds. Each of the Bonds shall be executed in a sum equal to the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02. ] General Provisions page 9 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 c. Execution of Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide the contract bonds and insurance certificates required therein within ten(10) days of notification of award of contract. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino. [See State Standard Specifications Section 3-1.03. 1 d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. e. Proposal Forms The City will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids containing less than this or bids containing incomplete forms will be disregarded. All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures a-d shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505. General Provisions page 10 of 12 GENERAL. PROVIS.IONS(Continued) PROJECT 91-101 f. Proposal Guaranty All proposals or bids shall be accompanied by cash, cashier's check, certified check, bid bond made payable, in the amount of ten perceut(109) of the bid amount, to the City of Cupertino as guarantee that the bidder, if awarded the contract, will within ten(10) days after notice of award, enter into a contract with the City for the work. g` Refection of Proposals Proposals may be rejected if -hey show any alterations of form, additions not called for, conditional or ;:.lternative bids not called for, incomplete bids or erasures, or for irregularities of any hind. Only the proposal forms prepared by the City shall be used. [See State Standard Specifications Section 2-1.06. ] h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement., or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the ?rime contractor in the prime contractor's bid. General Provisions page 11 of 12 GENERAL PROVISIONS(Continuesd) PROJECT 91-101 INDEX DESCRIPTION PAGE(S) ADOPTION OF STANDARD SPECIFICATIONS 1 AUTHORITY TO DEVIATE FROM THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 9 CONTRACT BONDS 9 CONTRACTOR'S PAYMENTS 6 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS 1 DUST CONTROL 5 EXECUTION OF CONTRACT 10 HEADINGS AND CITATIONS 1 INSPECTION 5 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 7 LABOR NONDISCRIMINATION 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 6-9 MONUMENTATION 5 NOISE CONTROL 1,2 PAYMENT 10 PREVAILING WAGES 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 9-11 PROPOSAL FORMS 10 PROPOSAL GUARANTY 11 PROSECUTION AND PROGRESS OF THE WORK 1-4 RECORD DRAWINGS 2 REJECTION OF PROPOSALS it RESPONSIBILITY FOR DAMAGE 8,9 RIGHT OF WAY 2 SAMPLES AND TESTS 6 SUBCONTRACTORS 11 SUSPENSION OF THE CONTRACT 2,3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3,4 UTILITIES 6 WATER FOR CONSTRUCTION 6 General Provisions page 12 of 12 C. SPECIAL PROVISIONS Location The work to be performed under this contract is within the City of Cupertino, County of. Santa Clara, State of California on BUBB ROAD at RESULTS WAY. Scope of Work The work to be performed under this contract is to provide all labor, material, tools, and equipment necessary for the construction of PROJECT 91- 101 to completion. All work shall be performed in accordance with the plans, specifications, Special Provisions, the City of Cupertino Standard Details and the applicable sections of the Standard Specifications dated January 1988, and the Standard Plans dated January 1988, of the State of California. Order of Work The Contractor shall conform to the following order of work, which shall be reflected in the Contractors schedule of planned operations: a. Immediate procurement of all long lead items of material and equipment. b. Work shall not begin at the site of a traffic signal system until all equipment for that particular system has been delivered and the City has been notified that same is available for city inspection. C. All traffic loops and traffic signal conduit trenches shall be completed prior to installation of any permanent striping, legends, or arrows, but after the completion and approval of the cat tracking. Time of Completion and Liquidated Dami2,&ei� The Contractor shall diligently prosecute the work to acceptance by the City before the actL:-1 dates for completion as set forth in the Time and Completion portion of the proposal. The Contractor shall pay i:o the City of Cupertino the sum of one hundicd and fifty dollars ($150.00) per day, for each and every calendar day's delzv beyond the dates established in the Contractors' proposal for each and eery portion of the completion process. The date for completion shall be detei.Li^mod by the Contractor and shall be specified in the proposal. The value of time as determined by the Engineer will be used in conjunction with the prices bid in determining the most economical proposal. Prebid Conference A prebid conference will be held on Tuesday one(1) week prior to NOVE14BER 13, 1990 at 9:00 am to answer any questions that prospective bidders may have and to provide an opportunity for the City to generate addendums to the project prior to bid openning. The meeting will be held in Conference Room "D" Special Provisions page 1 of 17 y- SPECIAL PROVISIONS(Continued) PROJECT 91-101 at Cupertino City Hall. Attendance by prospective bidders is not mandatory. Preconstruction Conference A preconstruction conference will be scheduled by the City within two (2) weeks from the date the contract is awarded. The meeting shall take place prior, to the begining of any construction on the project. The meeting will be held in Conference Room "D" at Cupertino City Hall. Inspection and Inspection Costs The work will be inspected by the City of Cupertino and its agent for the electrical portion. Inspection costs for any work done before 8:00 A.M. or after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of thirty five dollars ($35.00) per hour. Traffic Control The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, and flaggers to give adequate warning to vehicular traffic at all times that construction is in progress. No lane closures shall be permitted on BUBB ROAD or on RESULTS WAY before 9:00 A.M. or after 3:00 P.M. , Monday through Friday except that under conditions of emergency the City may permit, in writing, lane closures before 9:00 A.M. or after 3:00 P.M. The contractor shall maintain a minimum of one(l) travel lanes in each direction for traffic on RESULTS WAY and one(1) travel lane in each direction for traffic on BUBB ROAD at all times.. Record Drawings The contractor, upon completion of PROJECT 91-101, shall furnish and submit a set of accurate "Record Drawing" plans and five (5) "Electrical Schematics" of the traffic signal cabinet to the Department of Public Works before this project is zonsidered complete. Warranty The supplier and/or Contractor shall warrant all equipment and installation work against failure for a period of one(1) year. Any equipment failure during this period will be corrected at the exper;se of the Contractor including materials, labor and all other expenses which are necessary to correct the failure. The expenses shall include all costs incurred by the City, including but not limited to wages, materials or City's Contractor expenses, etc. necessary to ascertain the nature of the defect and to take appropriate action pending the arrival of the supplier's representative. Any work at the intersection by the supplier or Contractor will require the presence of City representative whose time will be charged to the Contractor. The City undertakes to advise the Contractor or supplier immediately that a warranty failure is believed to have taken place. The City will carry out no Special Provisions page 2 of 17 e SPECIAL PROVISIONS(Continued) PROJECT 91-101 more work than necessary to restore reasonable order at the intersection. In the event the Contractor has not taken over the matter within twelve(12) hours of notification the City reserves the right to carry out the correction necessary or hire whomever it deems suitable to do so. The cost of all such work shall be charged to the Contractor. In the event of the failure of any module or installation, the warranty on that unit or installation shall be extended for a period of three(3) months after the initial warranty period. If further failures occur, further three(3) month extensions will be provided until proper operation for a contiuous period of three(3) months has been achieved. Permits The City of Cupertino and the Contractor shall obtain encroachment permits from Southern Pacific Transportation Company for all work to be performed within the right of way of the railroad tracks. The Contractor shall make application to Southern Pacific Transportation Company, obtain all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. Estimated Quantities It is specifically pointed out that the quantities listed in the proposal and specifications are estimates only and being given on a basis of comparison of bids. The City of Cupertino does not agree 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 the work that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE CONTRACT QUANTITIES WITH NO CHANGE IN UNIT PRICE BID. Item Description Est. Qty. Unit 1. Install Construction Signing One(1) L.S. 2. Traffic Signal Installation One(l) L.S. 3. Install Type III-AF Service Equipment 2 Each Enclosure 4. Remove Existing Sidewalk & Handicap Ramp 515 S.F. 5, Remove A.C. Pavement 698 S.F. 6. Remove Curb & Gutter 157 L.F. 7. Excavation, Grading, & Subgrade Preparation One(1) L.S. 8. Install Curb Opening Drop Inlet State Type 1 Each GOL 9. Install Type A2-6 Curb & Gutter 174 L.F. 10. Install 4 Inch P.C.C. Sidewalk 805 S.F. 11. Install Handicap Ramp 2 Each 12. Grind A.C. Pavement 140 L.F. 13. Install A.C. Deeplift & Overlay Pavement 12 Ton 14. Install Unmetered Service Equipment Enclosure 1 Each 15. Instal; 2 Inch Rigid Metal Conduit 190 L.F. 16. Install Number 5 Pull Box 1 Each 17. Install Number 6 Pull Box 1 Each 18. Remove Painted Traffic Striping 1,315 L.F. 19. Remove Pavement Markers 260 L.F. 20. Remove Barricade 1 Each Special Provisions page 3 of 17 TRAFFIC SIGNAL INSTALLATION 2 of 5 BUBB RD. & RESULTS WAY PROD_ 91-101 SPECIAL PROVISIONS(Continued) PROJECT 91-,01 21. Remove Pavement Arrows 8 Each 22. Remove Painted Pavement Legends 9 Each 23. Remove Sign Post 2 Each 24. Remove Traffic Signs 3 Each 25. Relocate Traffic Signs 1 Each 26, Install Traffic Signs 7 Each 27. Install Trrffic Striping State Detail 13 50 L.F. 28. Install Traffic Striping City Detail 23C 340 L.F. 29. Install Traffic Striping State Detail 38 420 L.F. 30. Install Traffic Striping State Detail 39 160 L.F. 31. Install Traffic Striping State Detail 39A 300 L.F. 32. Install Painted 12 Inch White Traffic Striping310 L.F. 33. Install Painted Tarffi: Arrows 16 Each 34. Install Painted Traffic Legends 1 Each Explanation of Bid Items BID ITEM No. 1 - INSTALL CONSTRUCTION SIGNING This bid item shall include all costs for providing and installing construction signing as shown or described on the Contract Plans. The base material of construction area signs shall be metalic or a material approved by the City's Traffic Engineer and the sign face material shall be reflective. BID ITEM No. 2 - TRAFFIC SIGNAL INSTALLATION This lump sum bid item shall include furnishing all labor, equipment tool, materials, incidentals and fees and utility charges necessary for the installation of the traffic signal system at BUBB ROAD and RESULTS WAY, complete and in place and operating. All work shall comply with the applicable provisions of the State of California Standard Specifications dated January 1988 and the Standard Plans dated January 1988. Type 90 Controller Assembly The Contractor shall provide a new traffic signal controller and cabinet for the intersection of BUBB ROAD and RESULTS WAY in accordance with Section 86-3.06 and Section 86-3.07 of the Standard Specifications. The cabinet shall be type "P". The traffic signal controller shall be in accordance with Section 86-3 of the Standard Specifications, and NEMA Standard Publications N? ). TS 1-1983 and is designated as "Type 90 Function" . The traffic signal controller shall be equipped with multiplex and modem features that permit 1200 BAUD, TDM-FSK, half-duplex operation over a single wire pair. Operation is compatible with the Multisonics System VMS-220 Master. Cabinet wiring shall be furnished at this time to perms: system operation through the interconnect cable. A voice communication system shall be installed. A traffic signal conflict monitor and wiring harness shall be provided and installed. The conflict monitor shall conform to Section 6 of NEMA Standard Publication TS-1-1983 and shall detect, among other things, the Special Provisions page 4 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 absence of any required RED signal voltage at the field connection terminals in the controller assembly. The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer or its representative present at the time the equipment is turned on. Traffic Signal Cabinet Testing Testing shall conform to the provisions in section 86-2.14 ,"Testing" , of the Standard Specifications. The Contractor shall deliver the cabinet and/or controller to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, California, for testing. The functional testing shall be initiated only after all the equipment has been delivered to Signal Maintenance, Inc. The functional testing shall be conducted to conform to simulated field conditions, at the City's expense. The Contractor, when notified by the Engineer, shall provide for pick-up and delivery of the cabinet and/or controller to the site of the aork at the Contractor's expense. Equipment List and Drawings Equipment list and drawings of electrical equipment and material shall conform to Section 86-1.03, "Equipment List and Drawings," of the Standard Specifications, and applicable Standard Plans. The Contractor shall provide five(5) sets of the controller cabinet schematic wiring diagram and intersection sketch which shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The intersection sketch shall show the detectors identification as shown can the plans. Field wire connection terminals shall include all detectors, pedestrian push buttons, Walk-Don't Walk signals, vehicular signal heads, and terminals provided for future installation. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controller is delivered for tasting or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: a) Specifications b) Design Characteristics c) General Operation Theory d) Function of all. controls e) Trouble shooting procedure (diagnostic routine) f) Block circuit diagram g) Geographical layout of components h) Schematic diagrams i) List of replaceable component parts with stock number Special Provisions page 5 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Signal Faces and Signal Heads Signal faces, signal heads, and auxiliary equipment, as shown on the plans, and installation thereof, shall conform to Section 86-4 "Traffic Signals and Fittings," of the Standard Specifications. Only metal signal sections with glass lenses shall be permitted to be used on PROJECT 91-101. All lamps for the traffic signal units shall be h, furnished by the contractor. Pedestrian Signals Pedestrian signals shall conform to the provisions of Section 86-4.05 of the Standard Specifications, and the Standard Plans. The message displayed shall be an upraised hand and a walking person. The symbol dimensions shall be twelve(12) inches in height and seven(7) inches in width, M.U.T.C.D. (1978) , Section 4D-4. Conversion of existing displays shall be accomplished by using thirty(30) watt solid state neon blankout modular conversion kits, I.C.C. model E8, M8 or approved equal. Each display will be a separate section or compartment in the section with no light leakage between displays. Photoelectric Control Photoelectric unit shall conform to the provisions in Section 86-6.07, "Photoelectric Controls," of the Standard Specifications. Foundations Foundations shall conform to Section 86-2.03, "Foundation," of the Standard Specification. Portland Cement Concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than four hundred seventy (470) pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than fi•.-a hundred sixty four(564) pounds of cement per cubic yard. The Contractor shall notify Signal Maintenance Inc. for inspection of foundation excavations, (408) 988-5541, forty-eight(48) hours prior to pouring any cabinet or signal foundations relating to this project. Failure to do so may result in rejection and removal of the foundations not inspected. Standards, Steel Pedestals and Posts Standards, Steel Pedestals and Posts shall conform to the provisions of Section 86-2.04, "Standards, Steel Pedestals and Posts," of the Standard Specifications, the Standard Plans and these Special Provisions. The Contractor shall furnish all such equipment unless specifically indicated otherwise herein or on the plans. Pull Boxes Pull boxes shall conform to Section 86-2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. Special Provisions page 6 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Bonding and Grounding Bonding and grounding shall conform to Section 86-2.10, "Bonding and Grounding," of the Standard Specifications. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and •shall run to the conduit, ground rod or bonding wire in the adjacent pull box. Equipment grounding conductors will not be required in conduits containing loop lead-in cables only. The grounding jumper wire shall be visible after the ccncrete cap has been poured for the controller cabinet foundation. Anchor bolts for Type 1-B standards shall be bonded together and to the metallic conduit or to the bonding conductor in a non-metallic conduit. The 3/16 inch or larger bolt will not be required for Type 1-B standards. In lieu of bonding all anchor bolts to the conduit, the controller cabinet grounding bus shall be bonded to the conduit or equipment grounding conductor by using a bare No. 8 copper wire. Conductors and wiring Conductors shall conform to the provisions in Sections 86-2.08, "Conductors," 86-2.08.A "Conductors Identification;" and 86-2.08B "Multiple Circuit Conductors," of the Standard Specifications. All splices in conductors shall be insulated by "Method B" . Section 86-2.09A, "Circuitry" , of the Standard Specifications is amended to include: All control circuit conductors shall be run continuously without splices from a terminal block located in a cabinet, compartment, or signal head, to a similarly located terminal block. Luminaires Luminaires shall conform to the provisions of Section 86-6.01 of the Standard Specifications and to the Standard Plans. They shall be High Pressure Sodium(HPS) units, medium cutoff type with Type III I.E.S. distribution patterns. The specific wattages shall be as shown on the plans. Lighting Contactors Lighting contactors shall be mercury displacement 'type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Flasher Flasher shall conform to Section 86-3.08L, "Flasher," of the Standard Specifications and the Standard Plans. Special Provisions page 7 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Painting The painting of traffic signals, hardware, electrical equipment and materials shall conform to the provisions of Section 86-2.16, "Painting", of the Standard Specifications. All existing traffic signal equipment and hardware to be reused shall be painted to match the new signals and hardware provided. Vehicle Detectors Detectors shall conform to the provisions in Section 86-5.01, "Detectors," of the Standard Specifications, and to the Standard Plans. Installation shall conform to the requirements of Section 86-5.01A(5) , "Installation Details," of the Standard Specifications. Where Type A detector loops are indicated on the plans, a six(6) foot diameter circular locp may be installed in lieu of the shape shown on the plans. The sides of the sl,>t shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop detector shall be one and one-half(1 1/2) inches. Where detectors are to be installed in an area that is to be resurfaced with asphalt concrete(AC) or pavement slurry seal, the detector conductors shall be placed in slots cut in the existing pavement and sealed in conformance to the Standard Specifications prior to resurfacing. The type of sealant shall be Hot-Melt Rubberized Asphalt Sealant. The Hot-melt rubberized asphalt shall be solid form at room temperature and fluid at an application temperature between 375 and 400 degrees F. Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as follows: Core Penetration, 77 degrees F. , 150g, 35 max. 5 sec. , 1/10 mm, (A.STM D3407) Flow, 140 degrees F. mm 3.0 mm max. (ASTM D3407) Resilience, 77 degrees F. percent 30% min. (ASTM D3407) Softening Point 200 degree F. min. (ASTM D36) Ductility, 77 degrees F. 50 cm min. (ASTM D113) Mandrel Berid, 0 degree F. ,180 degree Pass 5 sec. , 1/2" dia. (Crafco Procedure) Recommended Pour Temperature 380 degree F. or As Specified Special Provisions page 8 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Safe Heating Temperature 410 degree F. or As Specified Asphalt Compatibility(ASTM D3407) Compatible Brookfield Viscosity. 380 degree F. 30 Poise (ASTM D3236) Unit Weight at 60 degree F. 10.6 lbs/gallon Coverage, 1/2" x 1/2" crack 13.8 lbs. per 100 ft. The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 410 degrees F. Application of the hot-melt sealant shall be made with a pressure feed applicator. Sealant shall be applied when the pavement surface temperature is greater than 40 degrees F. Hot-melt sealant shall be packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Microloop Vehicle Detectors Microioops shall consist of a cylindrical passive transducter of Earth's vertical magnetic field. It transforms changes in magnetic field intensity into inductance changes which can be sensed by loop detector sensors. Microloop probes shall be located vertically in one (1) inch holes sixteen(16) to �:wenty-four(24) inches below the roadway surface. Each probe must have its own lead in cable into the first pull box. The lead-in cable shall fic within a one-quarter (1/4) inch slot. The microloop shall operate within a range of 0.2 to 1.0 oersted of Earth's vertical magnetic field. Inductance per probe shall be 20 to 25 microhenries plus 20 microhenries per hundred (100) feet of lead-in cable. Probe st.ts shall be available in single or multiple configurations with specified probe separation and up to two hundred (200) feet of probe lead-in cable. The detector loop lead-in cable shall be spliced onto the loop conductors using a rigid body re-enterable enclosure filled with moisture proof encapsulant, 3M model 3800 splice kit or approved equal. Conduit and Installation Conduits shall conform to the provisions in Section 86-2.05, "Conduits," of the Standard Specifications, as well as the Standard Plans. Non-metallic type conduit shall not be used. "Installation of conduit shall conform to section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. At locations where conduit is to be installed by jacking or drilling as provided in Section 86-2.05C, "Installation," of the Standard Specifications Special Provisions page 9 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 and if delay to any vehicle exceeds five(5) minutes, the conduit may be installed as follows: Conduit shall be placed under existing pavement in a trench approximately two(2) inches wider than the outsides diameter of the conduit to be installed. Trench width shall not exceed six(6) inches. Conduit depth shall be a minimum of nine(9) inches below finish grade and shall not exceed twelve(12) inches or conduit diameter plus ten(10) inches, whichever is greater. At pull boxes the installed conduit shall be a minimum of nine(9) inches below finish grade. The outline of all areas of pavement to be removed shall be cut to a minimum depth of three(3) inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the the trench and the trench shall be backfilled with commercial quality concrete, containing not less than five hundred sixty four(564) pounds of cement per cubic yard, to not less than 0.20 foot below the pavement surface for asphalt surface roadways and 0.50 foot below the pavement surface Portland Cement Concrete surfaced roadways. The top 0.20 foot of asphalt surfaced roadways shall be backfilled with the asphalt concrete produced from commercial quality paving asphalt and aggregates, and the top 0.50 foot of Portland Cement. _Calcium chloride shall not be used in concrete which will be in contact with metal conduit. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density. BID ITEM No. 3 - TYPE III-AF SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III-AF service equipment enclosure in conformance with Section 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. & E. , and shall conform to Section 86-1.02, "Regulations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be providel for each control component. The nameplates shall be phenolic, black background with white lettering except the main breaker, which will be red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect for the traffic signal and safety lighting circuits. Separate disconnects shall be provided for any other separate circuit, such as street lighting, irrigation systems, or holiday decorative lighting when shown on the plans. Lighting contactors shall ')e mercury displacement type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Portland cement for the foundation shall conform to Section 90-10, "Minor Concrete" of the Standard Specifications. Special Provisions page 10 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 4 - REMOVE EXISTING SIDEWALK AND HANDICAP RAMP This item shall include all costs per square foot of demolition, removal and disposal of existing concrete sidewalks and handicap ramps including saw cutting. BID ITEM No. 5 - REMOVE A.C. PAVEMENT This item shall include all costs per squ.-,*e foot for demolition, removal, and disposal of existing A.C. pavement including saw cutting to the limits shown on the plans. An extra one(l) foot strip is being removed to allow for forming of the new curb and gutter. BID ITEM No. 6 - CURB AND GUTTER REMOVAL This item shall include all costs per lineal foot for demolition, removal, and disposal of existing curb and gutter including saw cutting. BID ITEM No. 7 - EXCAVATION, GRADING AND SUBGRADE PREPARATION This bid item shall include all costs required or necessary to complete the following work: A. The excavation or filling of the area of work to the limits and subgrades specified on the plans. This item shall include excavation and removal from the site of any A.C. paving, P.C.C. concrete, base rock and soil for which there is not a specific bid item. B. Final grading and compaction of the subgrade in accordance with section 19-5.03 of the Standard Specifications excepting the second paragraph therefrom. C. The limits of work are all areas to receive improvements including but not limited to grading and paving. D. All transportation and disposal of unsuitable materials, including dumping fees, as directed by the Engineer. . E. The Contractor shall exercise all due care during the excavations and grading work to insure no damage to private property occurs. If damage should occur, repair shall be at the Contractor's expense. F. The Contractor shall have an adequate non-potable water truck on site during all operations. The Contractor shall employ th',..3 truck, and others, if required, to control the creation of dust and the problems associated with dust. At the direction of the City Engineer, the Contractor shall water, with the appropriate equipment, areas of possible dust creation, and all costs for this work shall be included herein. Section 18 of the Standard Specifications, as modified herein, shall apply. All water used for dust control shall be non- potable. G. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in section 7-1.13, of the Standard Spesifications. Special Provisions page 11 of 17 SPECIAL PRO`)ISIONS(Continued) PROJECT 91-101 BID ITEM No. 8 - INSTALL STANDARD CURB DROP INLET STATE TYPE GOL This bid item shall include all costs per each for providing, installing, and finishing a curb drop inlet in accordance with the City of Cupertino Standard Details, and conform to Section 51 and 90 of the Standard Specifications. The drop inlet shall be State typ GOL. This item shall include the connection oL the two(2) 12 inch RCP lines and the one(1) 10 inch PVC lines into the existing drop inlet. BID ITEM No. 9 - INSTALL TYPE A2-6 CURB AND GUTTER This bid item shall include all costs per lineal foot for providing, placing, and finishing type A2-6 concrete curb and gutter in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications, including four(4) inch CL, II, three fourths (3/4) inch maximum aggregate base cushion. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 10 - INSTALL 4 INCH P.C.C. SIDEWALK This bid item shall include all costs per square foot for providing, placing, and finishing concrete sidewalk including four(4) inch Class II, three fourths(3/4) inch maximum aggregate base cushion and conforming to Sections 73-1.04 and 73-1.07 of the Standard Specifications. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 11 - INSTALL HANDICAP RAMPS This bid item shall include all costs per each for providing, placing, and finishing handicap ramps Type B in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications. Class B concrete shall be used and shall conform to Section 90 of the Standard Specifications. The bid per each shall include but not necessarily be limited to the following: 1. Install all required aggregate base material to a minimum thickness of four(4) inches under the ramps, curbs and gutters, in conformance with Section 26 of the Standard Specifications, as applicable. 2. Install all wood forms required for curbs, gutters or handicap ramps. 3. Install Portland Cement Concrete to a minimum thickness of four(4) inches in sidewalk areas and six(6) inches in gutter areas, in conformance with Section 90 of the Standard Specifications, as applicable. BID ITEM No. 12 - GRIND A.C. PAVEMENT This bid item shall include all costs per lineal foot for removing A.C. pavement, approximately six feet (6' ) wide and to depths specified on the contract plans. All work shall be done in accordance with section 42 of the Standard Specifications. Special Provisions page 12 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 13 - INSTALL A.C. DEEPLIFT AND OVERLAY PAVEMENT This bid item shall include all costs per ton for providing, placing, and compacting asphalt concrete(A.C.) on compacted subgrade, of the thickness and at the locations shown on the plans and placing A.C. overlay to the limits shown on the plans. Paint binder and seal coats shall be included in the amount herein. The following specifications shall apply: A. The A.C. on all public streets shall be 'Type B (1/2 inch maximum) medium graded asphalt concrete as specified in Section 39.2 of the Standard Specifications. B. Payment for adjustment of utility structures including but not limited to: traffic signal and lighting pull boxes, monument boxes, catch basin rims, gas valve boxes, storm and sanitary manholes to new pavement grade will deemed included in this bid item. C. Sections 26, 39, 92, and 93 of the Standard Spec' ications shall apply to the wsrk outlined 'herein BID ITEM No. 14 _ INSTALL UNMETERED SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III (disconnect) unmetered service equipment enclosure in conformai::a with Section 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. & E. , and shall conform to Section 86-1.02, "RegL.lations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be provided for each control component. The nameplates shall be phenolic, red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect Eor BUBB RD. at RESULTS WAY and for BUBB ROAD at MCCLELLAN ROAD traffic signals and safety lighting circuits. Portland cement for the foundation shall conform to Section 90-10, "Minor Concrete" of the Standard Specifications. BID ITEM No. 15 - INSTALL 2 INCH RIGID METAL CONDUIT This bid item shall include all costs per lineal foot for providing and installing 2 inch rigid metal conduit. Conduits shall conform to the provisions in Section 86-2.05, "Conduits, " of the Standard Specifications, as well as the Standard Plans. Non-metalic type conduit shall not be used. Installation of conduit shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. Special Provisions page 13 of 17 e SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 16 _ NUMBER 5 PULL BOY This bid item shall include all costs per each for providing and installing standard No. 5 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 17 - NUMBER 6 FULL BOX This bid item shall include all costs per each for providing and installing standard No. 6 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 18 _ REMOVE PAINTED TRAFFIC STRIPING This bid item shall include all costs for the removal of the existing and/or conflicting painted striping shown on contract plans. The striping shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning operations. State Detail 8 - 260 ft. State Detail 10 - 190 State Detail 21 - 40 " Stare Detail 38 - 355 " State Detail 39 - 130 " State Detail 39A- 280 " 12 " White - 60 " BID ITEM No. 19 - REMOVE PAVEMENT MARKERS This bid item shall include all costs for the removal of the existing and/or conflicting raised pavement markers shown on contract plans. Existing pavement markers, when no longer required for traffic lane delineation, shall be removed and disposed of as c:irected by the Engineer. Type 'A' - 50 ft. State Detail 23 - 210 ft. BID ITEM No. 20 - REMOVE BARRICADE This bid item shall include all costs for removing a barricade as shown on the Contract Plans. BID ITEM No. 21 - REMOVE PAINTED PAVEMENT ARROW This bid item shall include all costs for the removal of the (-.xisting and/or conflicting painted arrows, as shown on contract plans. The arrows shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a ! vacuum attached to and operating concurrently with the blast cleaning Special Provisions page 14 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 opertions. BID ITEM No. 22 _ REMOVE PAINTED PAVEMENT LEGENDS This bid item shall include all costs for the removal of the existing and/or conflicting painted legends, as shown on contract plans. The legends shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning opertions. BID ITEM No. 23 - REMOVE SIGN POST This item shall include all material, equipment, and labor to remove all posts as shown on the plans. BID ITEM No. 24 - REMOVE TRAFFIC SIGNS This item shall include all material, equipment, and labor to remove all traffic signing, mounting hardware, and posts as shown on the plans. BID ITEM No. 25 - RELOCATE TRAFFIC SIGNS This item shall include all material, equipment, and labor to relocate all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. The relocation of the street and traffic signs shall include all work and materials, including posts and mounting hardware necessary for relocation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. BID ITEM No. 26 - INSTALL TRAFFIC SIGNS This item shall include all material, equipment, and labor to peovide and install all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. The installation of the street and traffic signs shall include all work and materials, including posts and mounting hardware necessary for installation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. Special Provisions page 15 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 27 through 32 - INSTALL TRAFFIC STRIPING This bid item shall include all costs for materials, equipment and labor to install all striping, cat tracking or dribble, as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Control of alignment and layout of traffic stripes shall, conform to the provisions in section 84-1.02, "Traffic Stripes and Pavement Markings", of the Standard Specifications. Contractor shall be responsible for accurately locating the position of all traffic lanes, arrows, and other markings in accordance with the plans by cat tracking or dribble lines not later than two (2) hours after removal of existing striping. Prior to painting, the Contractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the lane stripes and pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. BID ITEM No. 33 - INSTALL PAINTED TRAFFIC ARROWS This bid item shall include all costs for materials, equipment and labor to install all pavement arrows as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all arrows and other markings in accordance with the plans. Any arrows installed prior to the installation of inductive loop detectors will be rejected by the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. BID ITEM No. 34 - INSTALL PAINTED TRAFFIC LEGENDS This bid item shall include all costs for materials, equipment and labor to .install all legends as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all legends, arrows, and other markings in accordance with the plans. Any legends installed prior to the installation of inductive loop Special Provisions page 16 of 17 CONTRACT FOR PUBLIC WORKS This CONTRACT made on , 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and [contractor's name] , 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. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. 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 aj 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 zomplete in a good and working order, the work of TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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, TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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,transpertation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sale 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91 .101 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 (contract amount] , subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR W0RK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of 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, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. 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 or 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 Standrad Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra wcrk 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 ENVIRONMEMTAL 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, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Cantinued) PROJECT 91-101 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or 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 pantie, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 sub-contractor 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 tc 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 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 judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors 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 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 [contractor's name) , [contractor's address) 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101. 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 sub-concractors 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 by 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 seperate 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 occurances or conditions and effects: earthquakes and tidal waves, when such occurances 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 occured 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 sub-contractor or supplier in the project which is the subject of this Contract, unlesr a lesser quality is expressly authorized in the Plans and Specification.;,, 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO contractor's name] [contractor's address) By: By: Mayor Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: ,1990 City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney Contract Amount: [contract amount) Account Number: Purchase Order Number: Contract Page 6 of 6 s • CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, {contractor's name) as Principal, and as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of (contract amount) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoiTig obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated _ ,1990 with the Obligee to do and perform the following work to-wit: TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY PROJECT 91-101 NOW, THERFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 1990. (To be signed by Principal ani Surety. Notary acknowledgments required) (contractor's name) Princi, _i Surety By: Attorr.�y-In-Fact The above bond is accepted and approved this day of '1990. Faithful Performance Bond Page l of 1 b CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and [contractor's name] hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY, PROJECT 91-101, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, [contractor's name] as Principal, and as Surety, bonding company's name) firmly bi-nd ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of [contract amount] . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 ffi ' Labor and Material(continued) PROJECT 91-101 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this day of , 19 (To be signed by Principal and Surety. Notary acknowledgments required) [contractor's name] Principal Surety By: Attorney•In-Fact The above bond is accepted and approved this day of ,1990. Labor and Material Page 2 of 2 • SPECIAL PROVISIONS(Continued) PROJECT 91-101 detectors will be re ected ty the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. No separate payment will be made for traffic control for applying traffic stripes. Full compensation for traffic control shall be considered-as included in the contract prices bid for traffic control. REVIEW AND APPROVAL SIGNA S Reviewed by: Re ew y ce W. en Glenn M. Grigg Assistant City Engineer Traffic Engineer Approved by: Be-re-T. Viskov ch Director of Public Works Date: Special Provisions page 17 of 17 BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BU,BB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written, price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 ' BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The street improvements shall be completed on or before June 7, 19 91 . 2 . The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before March 21, 1 1991 3. Traffic signal poles and hardware will be delivered to the job site for installation on or before April 11, 19 91 • 4. The traffic signal system will be complete and operating on or before June 7— , 19 91 . The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED 2KMITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: Two Thousand Dollars $ 2,000.00 Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: Seventy Nine Thousand One hundred Ninetv Five Dollars $ 79,195.00 Dollars Lump Sum Proposal Page 2 of 12 8I6, DOCiTMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: Two Thousand Four Hundred Eighty Three Dollars $ 2,483.00 /Ea $ 4,966.00 Dollars per Each +. 515 S.F. Remove Existing Sidewalk end Handicap Ramp: ThreeDollars 45/100 $ 3.45 NSF $ 1,776.75 Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: Three Dollars 45/100 $ 3.45/SF $ 2,408. 10 Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: Five Dollars 75/100 $ 5.75 LF $ 902.75 Dollars per Lineal Foot 7. ON°(1) L.S. Excavation, Grading & Subgrade Preparation: One Thousand Four Hundred Ninetv Five Dollars $ 1,495.00 Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet. State Type GOL: Four Thousand Six Hund rPd Dollars $ 4,600.00 /Ea $ 4,600.00 Dollars per Each Proposal Page 3 of 12 BID• DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install Type A2-6 Curb and Gutter: Seventeen 25/100 $ 17.25 /LF $ 3,001.50 Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: Four Dollars 60/100 $ 4.60 /SF $ . 3,703.00 Dollars per Square Foot 11. 2 Each Install Handicap Ramp: Eight Hundred and Five Dollars $ 805.00 /Ea $ 1,610.00 Dollars per Each 12. 140 L.F. Grind A.C. Pavement: Twenty Four Dollars 73/100 $ 24.73 /LF $ 3,462.20 _ Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: Two Hundred Thirty Dollars $ 230.00 /Ton $ 2,760.00 Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: Two Thousand Four Hundred Sixty Four Dollars $ 2,464.00 /Ea $ 2,464.00 Dollars per Each Proposal Page 4 of 12 BID DOCUMENTS(Cont,inued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: Nine 70/100 $ 9.70 /LF $ 1,843.00 Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Box: one Hundred Ninety One $ 191.00 /Ea $ 191.00 Dollars per Each 17. 1 Each Install Number 6 Pull Box: Two Hundred Thirtv Six $ 236.00 /Ea $ 236.00 Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: One Dollar 73/100 $ 1.73 /LF $ 2,274.95 Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: One Dollar 15/100 $ 1.15 /LF $ 299.00 Dollars per Lineal Foot 20. 1 Each Remove Barricade: Two Hundred Eighty Seven Dollars and 50/100 $ 287.50 ,/Ea $ 287.50 Dollars per Each Proposal Page 5 of 12 BID.DOCUMENTS(Continued) PROJECT 91-101 21. 8 Each Remove Painted Pavement Arrow: Fifty Seven Dollars 50/100 $ 57.50 /Ea $ 460.00 Dollars per Each 22. 9 Each Remove Painted Pavement Legends: Fifty Seven Dollars 50/100 $ 57.50 /Ea $ 517.50 Dollars per Each 23. 2 Each Remove Sign Post: Forty Six Dollars $ 46.00 /Ea $ 92.00 Dollars per Each 24. 3 Each Remove Traffic Signs: Fifty Seven Dollars 50/100 $ 57.50 /Ea $ 172.50 Dollars per Each 25. 1 Each Relocate Traffic Signs: One Hundred Thirty Eight Dollars $ 138.00 /Ea $ 138.00 Dollars per Each 26. 7 Each Install Traffic Signs: Two Hundred Eighty Seven Dollars and 50/100 /Ea $ 2,012.50 Dollars per Each �L Proposal Page 6 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 27, 50 L.F. Install Traffic Striping State Detail 13: One Dollars and 15/100 $ 1.15 /LF $ 57.50 Dollars per Lineal Foot 28. 340 L.F. Install Traffic Striping City Detail 23C: Two Dollars and 30/100 $ 2.30 /LF $ 782.00 Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: Two Dollars and 30/100 $ 2.30 ELF $ 966.00 Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: One Dollar and 15/100 $ 1.15 /LF $ 184.00 Dollars per Lineal Foot 31. 300 L.F. Install Traffic Striping State Detail 39AC: One Dollar and 15/100 $ 1.15 /LF $ 345.00 Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: Two Dollars 30/100 $ 2.30 /LF $ 713.00 Dollars per Lineal Foot Proposal Page 7 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 33. 16 Each Install Painted Traffic Arrows: Fif ty One Dollars and 75/100 $_ 51.75 /Ea $ 828.00 Dollars per Each 34. 1 Each Install Painted Traffic Legends: Fifty One Dollars and 75/100 $ 51.75 /Ea $ 51.75 Dollars per Each TOTAL: $ 126,795. 50 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of 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 this 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 .he priority of one portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ 10%of Bid which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am Estimator of _ ARC ELECTRIC COMPANY: (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 Proposal Page 8 of 1.2 BID DOCUMENTS(Continued) PROJECT 91-101 collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a fralRe or sham bid, and has not directly or indirectly colluded, conspired, °, or agreed with any bidder or anyone else to put in a sham bid, or :iyone shall refrain from bidding. The bidder has not in any manner, di.re,.;ly 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. Proposal Page 9 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 64 ___ years. Our experience in work comparable with that required by the proposed contract is 18 years :operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . My California Contractor's License Number is 162705 The classification of this License is C-10 The expiration date for this License is 9/30/92 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. The following is a 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. Year Class, Location of Work and for Whom Performed Amount 1990 Signals, Valparaiso & El Camino, 1•tenlo Park - West Say Const. 35,000.00 1990 Signals 6 Street Lights, Texas Street, City of Fairfield 600,000.00 1990 Signals, Middlefield & Oakgrove, Town of Atherton 60,000.00 1990 Signals & Street Lights, Willow Glen Streetscape, San Jose 200,000.00 CoT5en bay ConsE. Proposal Page 10 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS 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 amaunt in excess of one-half of one percent(0.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name Golden Bay Construction, Inc. Address 1200 Indu^trial Road, Suite I., San Carlos, CA. 94070 Work to be Performed Concrete/Asphalt 2. Name Signals Installation and Repair Address 741 Heather P 1. Brentwood, CA. 94513 Work to be Performed 6 foot loops 3. Name West Valley Construction Address 3635 Haren Ave. , Menlo .Park, CA. 94025 Work to be Performed Rockwheel 4. Name Chrisp Company Address 43850 Osgood Rd. , Fremont, CA. 94538 Work to be Performed Signing and Striping. 5. Name Address Work to be Performed 6. Name Address Work to be Performed _ 7. Name Address Work to be Performed Proposal Page 11 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 BUSINESS NAME OF BUSINESS CORPORATION ARC ELECTRIC COMPANNY, Robert Menicucci, President, John Menicucci, Robert Menicucci, Manager "treasurer CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: D.Andrew Wilkinson (Print or Type Name) (Signature) Date: November 13, 1990 Address(mailing & location) ARC ELECTRIC COMPANY 1330 Marsten Road Burlingame, CA.94010 _ Telephone Number ( 415 ) 347-9081 Acknowledgement of all addenda received is required by circling each addendum number. 0 3 4 5 f 7 8 9 10 Proposal Page 12 of 12 `s ' 7190 CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS PROJECT 91-101 TRAFFIC SIGNAL INSTALLATION BUBB ROAD AT RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEMBER 13, 1990 Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, California 95014 TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCUMENTS Notice to Contractors Proposal Bidder Qualification Form Sub-Contractors Form Bidder's Signature Form B. GENERAL PROVISIONS Adoption of Standard Specifications Headings and Citations Definitions of Terms Prosecutions and Progess of the Work Control of the Work Legal Relations and Responsibilities to the Public Proposal and Award of Contract C. SPECIAL PROVISIONS Location Scope of Work Order of Work Time of Completion and Liquidated Damages Prebid Conference Preconstruction Conference Inspection and Inspection Costs Traffic Control Record Drawing Warranty Permit Estimated Quantities Explanation of Bid Items Review and Approval Signatures D. CONTRACT E. FAITHFUL PERFORMANCE BOND F. LABOR AND MATERIAL BOND . a A. BID DOCUMENTS NOTICE TO CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. 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 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7 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, CA 95014, until 2:00 P.M. on NOVEMBER 13, 1990, 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 percent(10%) of the bid, or by a bond in said a»ount 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 same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. All rids 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 bid will be awarded to a Contractor who is not licensed 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 the proper classification of license. Notice to Contractors Page 1 of 2 BID DOCUMENTS(continued) PROJECT 91-101 All bids received dill be reported to the City Council 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 respons'ble bidder whose proposal is most advantageous to the City. The City of Cupertino reserves the right to reject any or all bids, and further reserves the right to delete any item or items from the proposal or to increase or decrease the quantity of any item thereof in conformance to the- Standard Specifications and these Special Provisions. 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 sub-contractors, to pa ' 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 4590 of the California Government 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 California 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 CUPERTINO .�2 By: /0J Date: sr 0 City Clerk V ` Published: �r J Notice to Contractors Page 2 of 2 jSTMY AND COMPANY, INC. , ire Avisete P.Cka C++ �CA a 44-3zss G` #�� Cupwiino.CA 9SMS-09M Teteoai e:{4,MASM5 d C} FAIL:(MI 2524M EINY& VAL)-6 Jo q PIIBkEC V►tQRKS:DfPARTivIENT C)FFlGE ij,�, October 31, 1990 , mob_ 1990 File: 74,297.04 f ADDENDUM No. I PROJECT 91-101 TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY BID OPENING 2:00 P.I . TUESDAY NOVEMBER 13, 1990 V The Special Provisions of PROJECT 91-101 are amended to include the following: PRE-EMPTION OPERATION AND 90UIPMENT Pre-emption operation and equipment shall conform to the provisions in section 86-3,04 "Pre-emption," and 86-3.08B "Pre-emption Equipment," of the Standard Specifications. The project plan sheet 2 of 7 for PROJECT 91-101 has been amended to include railroad pre-empt sequence. The track clearance interval is phase 6 after which the remaining phases will operate in red flash condition. fi. Approved by: CITY OF CUPERTINO 01 ` irvic Bert J, scov Director of Public Works GMG:gB N r jx m § 717 a' t ,�" tx fish 5 `". - R_ F i F pfi� "Yri # u: WS a 3�UBLic WOW06kWEN� ' _ ;• e� rt November 7 Pile.: "74.2"97.OB' : . ADDENDUM No. 2 d PROJECT 91 101 .S TRAFFIC SIGNAL INSTALLATION =` BUBB ROAD at RESULTS WAY } BID OPENING 2.00 P.M. TUESDAY '- NOt�BER 13, I990 { : . " The project plan sheet 3 of 7 for PROJECT' 91-101 has been amended to r include and to delete the following: 1.) Installation 3Q ,shall include MAT and HAS in the section for Vehicle Signal Mounting. 2.) Installation ,shall delete SP-1-T in the section for Ped Signal Mounting. 3.) Installation 7� ,shall include MAT in the section for Vehicle Signal Mountings. Approved by: CI OF \ 5 Ml,i•� , , ert J. Vi T3v$�Cb r hector o I�ulilic Works" GMG:gg` . s . 1 BID DOCUMENTS(continued) STOW AND COMPANY, INC, PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans. Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 STEINY AND COMPANY, INC. BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The strest improvements shall be completed on or before Nggy SI , 19_?L. 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before. ,j,.,d4t &3_, 19_!!L. 3. Traffic signal poles and hardware will be delivered to the job site for installation on or before , 19�91 . 4. The traffic signal system will be complete and operating on or before M r At-A /O , 1911 . The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the. completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM CITY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: $TD, OU Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: S��en fy -7-A g e c `7T1w« \— u2 $ MAOb3N.Oj Dollars Lump Sum Proposal Page 2 of 12 ST EINY AND COMPANY, INC. BID DOCUMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: "T;an TAokao.d $ a?� 040,E /Ea $_ST/ D .o® Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: $ °7,�0 /SF $ N, 8�(o-Oo Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: -T e-n $ /p . o u_/LF $ /i.$,o,00 Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: --7-// $f 0. o0o.oa Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: 1 ®�P TAUit-SIR r701 'Seae" $ /. 7oo.lXi /Ea $jj; 700.0D Dollars per Each Proposal Page 3 of 12 STEINY AND COMPANY, INC. HID DOCUMENTS(Continuad) PROJECT 91-101 9. 174 L.F. Install type A2-6 Curb and Gutter: Can $ /LF Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: Dollars per Square FGo 11. 2 Each Install Handicap Rama. $ !Joo, oa /Ea $ 8'D0,00 Dollars per Each 12. 140 L.F. Grind A.C. Pavement: $ /S-Oz> /LF $ a?�fO0,OC) Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: t� $ �DO• o0 /Ton $ .3_1__ OO. 0- Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: �^1 / C Ao caeld �i ✓E /milafr)GiQdal Dollars per Each Proposal Page 4 of 12 STEINY AND COMPANY, INC. BID DOW 4ENTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: C:::•..A--#- b o $ 15.50 /LF $T e 00 Dollars per Lineal Foot 16, 1 Each Install Number 5 Pull Box: ne_ $ / ?S.oa /Ea $ / Z✓ Do Dollars per Each 17. 1 Each Install Number 6 Pull Box: $ 100.00 /Ea $ apo.®® Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: one $ / . oa /LF $ 940-00 Dollars per Lineal Foot 20. 1 Each Remove Barricade: �-- O n e - tJ ,j Aej $ D V _/Ea $ //.S. D 0 Dollars per Each Proposal Page 5 of 12 S'TEINY AND COMPANY, INC. BID DOCUKENTS(Continued) PROJECT 91-101 21. 8 Each Remove Painted Pavement Arroyo: -7 A;,�- $ .30-o0 /Ea $ 2Yo-o0 Dollars per Each 22. 9 Each Remove Painted Pavement Legends: $ So, 0o /Ea $ a? �`o.Oo Dollars per Each 23. 2 Each Remove Sign Post: i x�- $ 60.9O /Ea $ jd0.00 Dollars per Each 24. 3 Each Remove. Traffic Signs: $ 0 O!7 /Ea $ /SD-OD Dollars per Each 25. 1 Each Relocate Traffic Signs: t $ 115.OV /Ea $ Dollars per Each 26. 7 Each Install Traffic Signs: $ 2.,op.00 /Ea $ 00.AV Dollars per Each Proposal Page 6 of 12 r SMINy AND COMP11M, INC. ' • EID DOCUMENTS(Continued) PROJECT 91.101 27. 50 L.F. Install Traffic Striping State Detail 13: /LF $ Dollars per Lineal Foot 28. 340 L.F. Install Traffic Striping City Detail 23C: $ /./O /LF $ Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: _ $ D. JLF $ Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: $ 0 /LF $ 9lo .00 Dollars per Lineal Foot 31. 300 T;.F. Install Traffic Striping State Detail 39AC: $ o. 68 /LF $ /80-00 Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: $ 3•0® /LF $ Em-i90 Dollars per Lineal Foot Proposal Page 7 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 33. lb Each Install Painted Traffic Arrows: $ 1V0.Do /Ea Dollars per Each 34. 1 Each Install Painted Traffic Legends: $ yO. OA /Ea $ 418.00 Dollars per Each TOTAL: $ I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the :cork 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 this work, and is in all respects fair, and withot.t 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor. Code which require every employer to be insured against liability for worker' s compensation or to undertake self-insurance in accordance with the provisions of that code,. and I will comply with s7ich provisions before commencing the performance of the work of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ _ , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am RWHARD B. DOYLE A4ST VICE PRFSIU FNT of STEIN-Y .AND COMPANY,Y, INC.--, (business title) (business name) the party making the foregoing bid, that the bid is not made in "he interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not Proposal Page 8 of 12 STEINY AND COMPANY, INC. BID DOCUME M(Continued) PROJECT 91-101 collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or share 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, er 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. Proposal Page 9 of 12 h • • r BID DOCUMENTS(Continued) PROJECT 31-101 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 16 q _ years. Our experience in work comparable with that required by the proposed contract is 3 U years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different. business name(s) . My California Contractor's License Number is LIC.#161273 The classification of this License is _ e J , A , 8 The expiration date for this License is 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. The following is a 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. Year Class, Location of Work and for Whom Performed Amount Proposal Page 10 of 12 a . �1 STRINY AND COMPANY, INC. P.O. Box $008 VALLEJO, CA 94890 707-582-6900 i Project Project Date Project Owner name Location Started Value Merchant Leasing Marine World Vallejo 8/23/85 S 1,895,490.00 State of California Caldecott Tunnel Orinda/Oakland 11/13/85 2,012,814.00: Prudential Ineu. Hacienda Pk. Pleasanton 8/1/86 1,328,102.00 Santa Clara County San Carlos St. San Jose 4/1/87 960,770.00 City of Palo Alto San Antlonio Rd. Palo Alto 2/1/87 129,350.00, 3 Santa Cruz County 7th/Eaton Capitola 8/29/87 125,216.00J City of San Ramon San Ramon Rd. San Ramon 2/1/87 299,021 .00` City of Fremont Decoto Rd. Fremont 3/1/87 540,656.00 Hlackhawk Corp. Crow Canyon Rd Danville 4/1/87 254,212.00 a City of Vallejo Sacramento St. Vallejo 3/1/87 141,005.00t Jamestown Sldrs. Coventry Hills Vallejo 5/1/87 27,697.001 City of Santa Rosa Fulton 6 Piner Santa Rosa 7/1/87 87, 122.00 City of Rhonert Park Rhonert Pk Exprs Rhonert Park 8/1/87 66,665.00 State of California 04-Son-12-21 . 2 Sonoma 7/1/87 125,632.00 State of California 04-Ala-880-20.2 San Lorenz 9/1/87 72,963.00 City of Newark Various Locations Newark 9/1/87 158,073.00 Kaiser Hoop. Jefferson St. papa 8/1/87 109,624.001 i i STIEINY AND COMPANY, INC. BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS FORM The subcontractor(s) , as defined in the General Provi.sions 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 shall perform work on this project. 1. Name s 5 C, w yLe-01 CID"7 / . Address SM n Work to be Performed der i nn 2. Name (2,4 f Address Work to be Performed C//��,�,, 3. Name © rr/�Q�v 1fg ✓"'n-!g Address 1/" Work to be Performed 14S,(10"/,,1-- D�-- CV4! � aT 4. Name Address "A �,A &A — Work to be Performed ��� 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 a , BID DOCUMENTS(Continued) PROJECT 91-101 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 BUSINESS NAME OF BUSINESS S EINY AND COMPANY, INC. CORPORATION STEINY AND COMPANY, INC. S., MGR. CO-PARTNERSHIP: R. K. DONNELLY, V.P. LEWIS, VP. INDIVIDUAL JAY PERRY. SEC Y_ JOINT VENTURE J. V. GINGRICH, ASST. V.PSUSAN . 0 . • s OTHER R. B. DOYLE, ASST. V.P. (Describe) RICHARD E. DOYLE Name and Signature of Bidder: ASST. VICE PRESIDENT (Pri t r Type Name) Signature) Date: ALa y he- '7 1920 ..-- Address(mailing & location) ft Telephone Number Acknowledgement of all addenda received is required by circling each addendum number. 100 3 4 5 6 7 8 9 10 Proposal Page 12 of 12 B. GENERAL PROVISIONS 1. ADOPTION OF STANDARD SPECIFICATIONS By this reference, the Standard Specifications of the State of California, Department of Transportation dated January, 1988 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications for PROJECT 91-101 and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section l of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter r_.._ _•red to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the Ci.:y of Cupertino. 4. PROSECUTION AND PROGRESS OF THE WORK a. Noise Control Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: General Provisions page 1 of 12 TRAFFIC SIGNAL INSTALLATION 3 of 5 BUBB RD. & RESULTS WAY PROJ, 91-101 GENERAL PROVISIONS(Continued) PROJECT 91-1.01 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street. construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.49.040, daytime and. nighttime maximum noise levels. b. Frogress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of working or calendar days as shown in the Special Provisions. c. Record Drawings The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. d. Right of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. e. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for u satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the General Provisions page 2 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 e. Suspension of the Contract(Cont'd) necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and t-'R Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City a,s above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with zhe contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. f. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4b, above. It is agreed by the parties to the contract that in case all, the work called for under the contract, in all parts and requirements, is not finished or completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. General Provisions page 3 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 f. Time of Completion and Liquidated Damages(Cont'd) The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in i` - Special Provisions for the completion of the work caused by acts of God or the public enemy, fire, floods, tidal waves, earthquakes, epidemics, °rantine restrictions, strikes, labor disputes, shortages of materials and a %ght embargoes, provided, that the Contractor shall notify the Engineer in wr•�-ing of the causes of delay within fiiteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been mpde to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials, " as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not co-templated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relived from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Contract Code. Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. (See Section 8-1.07. 1 General Provisions page 4 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 5. CONTROL OF THE WORK a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Standard Specificaticns, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory method, as required by they Engineer. The Contractor shall treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspection In addition to ehe provisions of Section 5-1.08 . ' the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furnish telephone service at all facilities servicing the project. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried or: each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by `he State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. ] d. Monumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. & G. S. monuments in their proper places until their removal is authori_ed by the Engineer. Any monuments that have been removed without proper authority shall be replaced at the Contractor's expense. General Provisions page 5 of 12 GENERAL PROVISIONS(Continued) PROJECT 01-101 e. Samples and Tests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shell be made in accordance with commonly recognized standards of national organizations, and such special methods and ttz;ts as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, undergrcv.:.nd mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques Shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at. the Contractor's expense. g Water for Construction Water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney' s fee. General Provisions page 6 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 b. Insurance - Public Liability and Property Damage Prior to entering into the contract respecting this project, the bidder to whom the contract is awarded shall furnish to the City Council of the City of Cupertino satisfactory proof that the bidder has public liability and property damage insurance in effect for the entire period covered by the proposed contract. The insurance carrier and forms of insurance shall be satisfactory to the City. Said insurance shall name as additional insureds, the City, it's officers and it's employees and shall protect the City against loss or liability for damages resulting from (1) bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from the operations of the Contractor in the performance of the contract. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance shall be as indicated in (a) and (b) as follows: Each Person Each Occurrence Aggregate a) Bodily Injury Liability $500,000.00 $1,000,000.00 Property Damage Liability $250,000.00 $500,000.00 b) A single limit for Bodily Injury Liability and Property Damage Liability Combined of. $500,000.00 $500,000.00 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available under any other provision of the contract, or otherwise by law, except for retaining money due the Contractor. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned types for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums .from any sums due the Contractor under the contract. Nothing in the contract- is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof.. [See State Standard Specifications Section 7-1.12. 1 c. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.O1A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Contract Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions page 7 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 d. Prevailing Wages The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulation, which in any manner affect those engaged or employed in the work. The Co,it<-actor shall conform to tha provisions of Sections 7-1.O1A and 7-1.01B of the Standard Specifications. e. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any -aterial or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever_ during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof from all suits, claims or actions of any name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees. It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered n,acessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General Provisions page 8 of 12 GENERAL PROVISIONS(:.:;ntinued) PROJECT 91-101 e. Responsibility for Damage(Cont'd) 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmleTs by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond.. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6b, above ("Insurance - Public Liability and Property Damage') . [See State Standard Specifications Section 7-1.12. ] 7. PROPOSAL AND AWARD OF CONTRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be executed in a sum equal to the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 32.52, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaini-;5 ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02. 1 General Provisions page 9 of 12 GENERAL PROVISIONS(ContLnued) PROJECT 91-101 c. Execution of Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide the contract bonds and insurance certificates required therein within ten(10) days of notification of award of contract. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino. (See State Standard Specifications Section 3-1.03. 1 d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subiect to whatever inspection and approval may be required by law. e. Proposal Forms The City will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids containing less than this or bids containing, incomplete forms will be disregarded. All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505. General Provisions page 10 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 f. Proposal Guaranty All proposals or bids shall be accompanied by cash, cashier's check, certified check, bid bond made payable, in the amount of ten percent(10%) of the bid amount, to the City of Cupertino as guarantee that the bidder, if awarded the contract, will witain ten(10) days after notice of award, enter into a contract with the City for the work. Rejection of Proposals Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids not called for, incomplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. (See State Standard Specifications Section 2-1.06. 1 h. Subcontractors The proposal shall contain the name and location of the place of bu:;ink�ss of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. Tnp proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 11 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 INDEX DESCRIPTION PAGE(S) ADOPTION OF STANDARD SPECIFICATIONS 1 AUTHORITY TO DEVIATE FROM THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 9 CONTRACT BONDS 9 CONTRACTOR'S PAYMENTS 6 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS 1 DUST CONTROL 5 EXECUTION OF CONTRACT 10 HEADINGS AND CITATIONS 1 INSPECTION 5 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 7 LABOR NONDISCRIMINATION 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 6-9 MONUMENTATION 5 NOISE CONTROL 1,2 PAYMENT 10 PREVAILING WAGES 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 9-11 PROPOSAL FORMS 10 PROPOSAL GUARANTY 11 PROSECUTION AND PROGRESS OF THE WORK 1-4 RECORD DRAWINGS 2 REJECTION OF PROPOSALS 11 RESPONSIBILITY FOR DAMAGE 8,9 RIGHT OF WAY 2 SA14PLES AND TESTS 6 SUBCONTRACTORS 11 SUSPENSION OF THE CONTRACT 2,3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3,4 UTILITIES 6 WATER FOR CONSTRUCTION 6 General Provisions page 12 of 12 C. SPECIAL PROVISIONS Location The work to be performed under this contract is within the City of Cupertino, County of Santa Clara, State of California on BUBB ROAD at RESULTS WAY. Scope of Work The work to be performed under this contract is to provide all labor, material, tools, and equipment necessary for the construction of PROJECT 91- 101 to completion. All work shall. be performed in accordance with the plans, specifications, Special Provisions, the City of Cupertino Standard Details and the applicable sections of the Standard Specifications dated January 1988, and the Standard Pans dated January 1988, of the State of California. Order of Work The Contractor shall conform to the following order of work, which shall be reflected in the Contractors schedule of planned operations: a. Immediate procurement of all long lead items of material and equipment. b. Work shall not begin at the site of a traffic signal system until all equipment for that Particular system has been delivered and the City has been notified that same is available for city inspection. C. All traffic loops and traffic signal conduit trenches shall be completed prior to installation of any permanent striping, legends, or arrows, but after the completion and approval of the cat tracking. Time of Completion and Liquidated Damages The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion, as set forth in the Time and Completion portion of the proposal. The Contractor shall pay to the City, of Cupertino the sum of, one hundred and fifty dollars ($150.00) per day, for <-nch and every calendar da_y's delay beyond the dates established in the Contractors' proposal for each and every portion of the completion process. The date for completion shall be determined by the Contractor and shall be specified in the proposal. The value of time as determined by the Engineer will be used in conjunction with the prices bid in determining the most economical proposal. Prebid Conference A prebid conference will be held on Tuesday one(1) week prior to NOVE14BER 13, 1990 at 9:00 am to answer any questions that prospective bidders may have and to provide an opportunity for the City to generate addendums to the project prior to bid openning. The meeting will be held in Conference Room "D" Special Provisions page 1 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 at Cupertino City Hall. Attendance by prospective bidders is not mandatory. Preconstruction Conference A preconstruction conference will be scheduled by the Cicy within two (2) weeks from the date the contract is awarded. The meeting shall take place prior to the begining of any construction on the project. The meeting will be held in Conference Room "D" at Cupertino City Hall. Inspection and Inspection Costs The work will be inspected by the City of Cupertino and its agent for the electrical portion. Inspection costs for any work done before 8:00 A.M. or after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of thirty five dollars ($35.00) per hour. Traffic Control The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, and flaggers to give adequate warning to vehicular traffic at all times that construction is in progress. No lane closures shall be permitted on BUBB ROAD or on RESULTS WAY before 9:00 A.M. or after 3:00 P.M. , Monday through Friday except that under conditions of emergency the City may permit, in writing, lane closures before 9:00 A.M. or after 3:00 P.M. The contractor shall. maintain a minimum of one(l) travel lanes in each direction for traffic on RESULTS WAY and one(1) travel lane in each direction for traffic on BUBB ROAD at all times. Record Drawing The contractor, upon completion of PROJECT 91-101, shall furnish and submit a set of accurate "Record Drawing" plans and five (5) "Electrical Schematics" of the traffic signal cabinet to the Department of Public Works before this project is considered complete. Warranty The supplier and/or Contractor shall warrant all equipment and installation work against failure for a period of one(1) year. Any equipment failure during this period will be corrected at the expense of the Contractor including materials, labor and all other expenses which are necessary to correct the failure. The expenses shall include all costs incurred by the City, including but not limited to wages, materials or City's Contractor expenses, etc. necessary to ascertain the nature of the defect and to take appropriate action pending the arrival of the supplier's representative. Any work at the intersection by the supplier or Contractor will require the presence of City representative whose time will be charged to the Contractor. The City undertakes to advise the Contractor or supplier immediately that a warranty failure is believed to have taken place. The City will carry out no Special Provisions page 2 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 more work than necessary to restore reasonable order at the intersection. In the event the Contractor has not taken over the matter within twelve(12) hours of notification the City reserves the right to carry out the correction necessary or hire whomever it deems suitable to do so. The cost of all such work shall be charged to the Contractor. In the event of the failure of any module or installation, the warranty on that unit or installation shall be extended for a period of three(3) months after the initial warranty period. If further failures occur, further three(3) month extensions will be provided until proper operation for a contiuous period of three(3) months has been achieved. Permits The City of Cupertino and the Contractor shall obtain ^^�:roachment permits from Southern Pacific Transportation Company for all work to be performed within the right of way of the railroad tracks. The Contractor shall make application to Southern Pacific Transportation Company, obtain all permits and licanses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. Estimated Quantities It is specifically pointed out that the quantities listed in the proposal and specifications are estimates only and being given on a basis of comparison of bids. The City of Cupertino does not agree 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 the work that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE CONTRACT QUANTITIES WITH NO CHANGE IN UNIT PRICE BID. Item Description Est. Qty. Unit 1. Install Construction Signing One(l� L.S. 2. Traffic Signal Installation One(1) L.S. 3. Install Type III-AF Service Equipment 2 Each Enclosure 4. Remove Existing Sidewalk & Handicap Ramp 515 S.F. 5. Remove A.C. Pavement 698 S. F. 6. Remove Curb & Gutter 157 L.F. 7. Excavation, Grad .ng, & Subgrade Preparation One(1) L.S. 8, Install Curb Opening Drop Inlet. State Type 1 Each GOL 9, Install Type A2-6 Curb & Gutter 174 L.F. 10. Install 4 Inch P.C.C. Sidewalk 805 S.F. 11. Install Handicap Riump 2 Each 12, Grind A.C. Pavement 140 L.F. 13. Install A.C. Deeplift & Overlay Pavement 12 Ton 14. Install Unmetered Service Equipment Enclosure 1 Each 15, Install 2 Inch Rigid Metal Conduit 190 L.F. 16. Install Number 5 Pull Box 1 Each 17. Install Number 6 Pull Box 1 Each 18. Remove Painted Traffic Striping 1,315 L.F. 19. Remove Pavement Markers 260 L.F. 20. Remove Barricade 1 Each Special Provisions page 3 of 17 SP7CIAL PROVISIONS(Continued) PROJECT 91-101 21. Remove Pavement Arrows 8 Each 22. Remove Painted Pavement Legends 9 Each 23. Remove Sign Post 2 Each 24. Remove Traffic Signs 3 Each 25. Relocate Traffic Signs I Each 26. Install. Traffic Signs 7 Each 27. Install Tarffic Striping State Detail 13 50 L.F. 28. Install Traffic Striping City Detail 23C 340 L.F. 29. Install Traffic Striping State Detail 38 420 L.F. 30. Install Traffic Striping State Detail 39 160 L.F. 31. Install Traffic Striping State Detail 39A 300 L.F. 32. Install Painted 12 Inch White Traffic Striping310 L.F. 33. Install Painted Tarffic Arrows 16 Each 34. Install Painted Traffic Legends 1 Each Explanation of Bid Items BID ITEM No. 1 - INSTALL CONSTRUCTION SIGNING This bid item shall include all costs for providing and installing construction signing as shown or described on the Contract Plans. The base material of construction area signs shall be metalic or a material approved by the City' s Traffic Engineer and the sign face material shall be reflective. BID ITEM No. 2 - TRAFFIC SIGNAL INSTALLATION This lump sum bid item shall include furnishing all labor, equipment, tool, materials, incidentals and fees and utility charges necessary for the installation of the traffic signal system at BUBB ROAD and RESULTS WAY, complete and in place and operating. All work shall comply with tha applicable provisions of the State of California Standard Specifications dated January 1988 and the Standard Plans dated January 1988. Type 90 Controller Assembly The Contractor shall provide a new traffic signal controller and cabinet for the intersection of BUBB ROAD and RESULTS WAY in accordance with Section 86-3.06 and Section 86-3.07 of the Standard Specifications. The cabinet shall be type "P". The traffic signal controller shall be in accordance with Section 86-3 of the Standard Specifications, and NEMA Standard Publications No. TS 1-1983 and is designated as "Type 90 Function" . The traffic signal controller shall be equipped with multiplex and modem features that permit 1200 BAUD, TDM-FSK, half-duplex operation over a single wire pair. Operation is compatible with the Multisonics System VMS-220 Master. Cabinet -tiring shall. be furnished at this time to permit system operation through the interconnect cable. A voice communication system shall be installed. A traffic signal conflict monitor and wiring harness shall be provided and installed. The conflict monitor shall conform to Section 6 of NEMA Standard Publication TS-1-1983 and shall detect, among other things, the Special Provisions page 4 of 17 . o SPECIAL PROVISIONS(Continued) PROTECT 91-101 absence of any required RFD signal voltage at the field connection terminals in the controller assembly. The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer or its representative present at the time the equipment is turned on. Traffic Signal Cabinet Testing Testing shall conform to the protiisions in section 86-2.14 , "Testing", of the Standard Specifications. The Contractor shall deliver the cabinet and/or controller to Signal Haintenance, Inc. at 3395 Viso Court, Santa Clara, California, for testing. The functional testing shall be initiated only after all the equipment has been delivered to Signal Maintenance, Inc. The functional testing shall be conducted to conform to simulated field conditions, at the City;s expense. The Contractor, when notified by the Engineer, shall provide for pick-up and delivery of the cabinet and/or controller to the site of the work at the Contractor's expense. Equipment List and Drawings Equipment list and drawings of electrical equipment and material shall conform to Section 86-1.03, "Equipment List and Drawings," of the Standard Specifications, and applicable Standard Plans. The Contractor shall provide five(5) sets of the controller cabinet schematic wiring diagram and intersection sketch which shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The intersection sketch shall show the detectors identification as shown on the plans. Field wire connection terminals shall include all detectors, pedestrian push buttons, Walk-Don' t Walk signals, vehicular signal heads, and terminals provided for future installation. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controller is delivered for testing or, if ordered by the Engineer. , previous to purchase . The maintenance manual shall include, but need not be limited to, the following items: a) Specifications b) Design Characteristics c) General Operation Theory d) Function of all controls e) Trouble shooting procedure (diagnostic routine) f) Block circuit diagram g) Geographical layout of components h) Schematic diagrams i) List of replaceable component parts with stock number Special Provisions page 5 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Si nal Faces and Signal Heads Signal faces, signal heads, and auxiliary equipment, as shown on the plans, and installation thereof, shall conform to Section 86-4 "Traffic Signals and Fittings," of the Standard Specifications. 4 Only metal signal sections with glass lenses shall be permitted to be used on PROJECT 91-101. All lamps for the traffic signal units shall be furnished by the contractor. Pedestrian Signals Pedestrian signals shall conform to the provisions of Section 86-4.05 of the Standard Specifications, and the Standard Plans. The message displayed shall be an upraised hand and a walking person. The symbol dimensions shall be twelve(12) inches in height and seven(7) inches in width, M.U.T.C.D. (1978) , Section 4D-4. Conversion of existing displays shall be accomplished by using thirty(30) watt solid state neon blankout modular conversion kits, I.C.C. model E8, M8 or approved equal. Each display will be a separate section or compartment in the section with no light leakage between displays. Photoelectric Control Photoelectric unit shall conform to the provisions in Section 86-6.07, "Photoelectric Controls," of the Standard Specifications. Foundations Foundations shall conform to Section 86-2.03, "Foundation," of the Standard Specification. Portland Cement Concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than four hundred seventy (470) pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than five hundred sixty four(564) pounds of cement per cubic yard. The Contractor shall notify Signal Maintenance Inc. for inspection of foundation excavations, (408) 988-5541, forty-eight(48) hours prior to pouring any cabinet or signal foundations relating to this project. Failure to do so may result in rejection and removal of the foundations not inspected. Standards, Steel Pedestals and Posts Standards, Steel Pedestals and Posts shall conform to the provisions of Section 86-2.04, "Standards, Steel Pedestals and Posts, " of the Standard Specifications, the Standard Plans and these Special Provisions. The Contractor shall furnish all such equipment unless specifically indicated otherwise herein or on the plans. Pull Boxes Pull boxes shall conform to Section 86-2.06, "Pull Boxes," of the Standard Specifications and .the Standard Plans. Special Provisions page 6 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Bonding and Groundin& Bonding and grounding shall conform to Section 86-2.10, "Bonding and Grounding," of the Standard Specifications. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall ruzi to the conduit, ground rod or bonding wire in the adjacent pull box. Equipment grounding conductors will not be required in conduits containing loop lead-in cables only. The grounding jumper wire shall be visible after the concrete cap has been poured for the controller cabinet foundation. Anchor bolts for Type 1-B standards shall be bonded together and to the metallic conduit or to the bonding conductor in a non-metallic conduit. The 3/16 inch or larger bolt will not be required for Type 1-B standards. In lieu of bonding all anchor bolts to the conduit, the controller cabinet grounding bus shall be bonded to the conduit or equipment grounding conductor by using a bare No. 8 copper wire. Conductors and wiring Conductors shall conform to the provisions in Sections 86-2.08, "Conductors," 86-2.08A "Conductors Identification," and 86-2.08B "Multiple Circuit Conductors," of the Standard Specifications. All splices in conductors shall be insulated by "Method B". Section 86-2.09A, "Circuitry", of the Standard Specifications is amended to include: All control circuit conductors shall be run continuously without splices from a terminal block located in a cabinet, compartment, or signal head, to a similarly located terminal block. Luminaires Luminaires shall conform to the provisions of Section 86-6.01 of the Standard Specifications and to the Standard Plans. They shall be High Pressure Sodium(HPS) units, medium cutoff type with Type III I.E.S. distribution patterns. The specific wattages shall be as shown on the plans. Lighting Contactors Lighting contactors shall be mercury displacement type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Flasher Flasher shall conform to Section 86-3.08L, "Flasher," of the Standard Specifications and the Standard Plans. Special Provisions page 7 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Painting The painting of traffic signals, hardware, electrical equipment and materials shall conform to the provisions of Section 86-2.16, "Painting" , of the Standard Specifications. All existing traffic signal equipment and hardware to be reused shall be painted to match the new signals and hardware provided. Vehicle Detectors Detectors shall conform to the provisions in Section 86-5.01, "Detectors, " of the Standard Specifications, and to the Standard Plans. Installation shall conform to the requirements of Section 86-5.01A(5) , "Installation Details," of the Standard Specifications. Where Type A detector loops are indicated on the plans, a six(6) foot diameter circular loop may be installed in lieu of the shape shown on the plans. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop detector shall be one and one-half(1 1/2) inches. Where detectors are to be installed in an area that is to be resurfaced with asphalt concrete(AC) or pavement slurry seal, the detector conductors shall be placed in slots cut in the existing pavement and sealed in conformance to the Standard Specifications prior to resurfacing. The type of sealant shall be Hot-Melt Rubberized Asphalt Sealant. The Hot-melt rubberized asphalt shall be solid form at room temperature and fluid at an application temperature between 375 and 400 degrees F. Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt: shall be as follows: Cone Penetration, 77 degrees F'. , 150g, 35 max. 5 sec. , 1/10 mm, (ASTM D3407) Flow, 140 degrees F. mm 3.0 mm max. (ASTM D3407) Resilience, 77 degrees F. percent 30% min. (ASTM D3407) Softening Point 200 degree F. min. (ASTM D36) Ductility, 77 degrees F. 50 cm min. (ASTM D113) Mandrel Bend, 0 degree F. ,180 degree Pass 5 sec. , 1/2" dia. (Crafco Procedure) Recommended Pour Temperature 380 degree F. or As Specified Special Provisions page 8 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Safe Heating Temperature 410 degree F. or As Specified Asphalt Compatibility(ASTM b3407) Compatible Brookfield Viscosity, 380 degree F. 30 Poise (ASTM D3236) Unit Weight at 60 degree F. 10.6 Ibs/gallon Coverage, 1/2" x 1/2" crack 13.8 lbs. per 100 ft. The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 410 degrees F. Application of the hot-melt sealant shall be made with a pressure feed applicator. Sealant shall be applied when the pavement surface temperature is greater than 40 degrees F. Hot-melt sealant shall be packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Microloop Vehicle Detectors Microloops shall consist of a cylindrical passive transducter of Earth's vertical magnetic field. It transforms changes in magnetic field intensity into inductance changes which can be sensed by loop detector sensors. Microloop probes shall be located vertically in one (1) inch holes sixteen(16) to twenty-four(24) inches below the roadway surface. Each probe must have its own lead in cable into the first pull box. The lead-in cable shall fit within a one-quarter (1/4) inch slot. The microloop shall operate within a range of 0.2 to 1.0 oersted of Earth's vertical magnetic field. Inductance per probe shall be 20 to 25 microhenries plus 20 microhenries per hundred (100) feet of lead-in cable. Probe sets shall be availabie in single or multiple configurations with specified probe separation and up to two hundred (200) feet of probe lead-in cable. The detector loop lead-in cable shall be spliced onto the l ,p conductors using a rigid body re-enterable enclosure filled with moisture proof encapsulant, 3M model 3800 splice kit or approved equal. Conduit and Installation Conduits shall conform to the provisions in Section 86-2.05, "Conduits," of the Standard Specifications, as well as the Standard Plans. Non-metallic type conduit shall not be used. "Installation of conduit shall conform to section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. At locations where conduit is to be installed by jacking or drilling as provided in Section 86-2.05C,, "Installation, " of the Standard Specifications Special Provisions page 9 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 and if delay to any vehicle exceeds five(5) minutes, the conduit may be installed as follows: Conduit shall be placed under existing pavement in a trench approximately two(2) inches wider than the outside diameter of the conduit to be installed. Trench width shall not exceed six(6) inches. Conduit depth shall be a minimum of nine(9) inches below finish grade and shall not exceed twelve(12) inches or conduit diameter plus ten(10) inches, whichever is greater. At pull boxes the installed conduit shall be a minimum of nine(9) inches below finish grade. The outline of all areas of pavement to be removed shall be cut to a minimum depth of three(3) inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the the trench and the trench shall be backfilled with commercial quality concrete, containing not less than five hundred sixty four(564) pounds of cement per cubic yard, to not less than 0.20 foot below the pavement surface for asphalt surface roadways and 0.50 foot below the pavement surface Portland Cement Concrete surfaced roadways. The top 0.20 foot of asphalt surfaced roadways shall be backfilled with the asphalt concrete produced from commercial quality paving asphalt and aggregates, and the top 0.50 foot of Portland Cement. Calcium chloride shall not be used in concrete which will be in contact with metal conduit. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density. BID ITEM No. 3 _ TYPE III-AF SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III-AF service equipment enclosure in conformance with Section. 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. & E. , and shall conform to Section 86-1.02, "Regulations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be provided for each control component. The nameplates shall be phenolic, black background with white lettering except the main breaker, which will be red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect for the traffic signal and safety lighting circuits. Separate disconnects shall be provided for any other separate circuit, such as street lighting, irrigation systems, or holiday decorative lighting when shown on the plans. Lighting contactors shall be mercury displacement type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Portland cement for the foundation shall conform to Section 90-10, "Minor Concrete" of the Standard Specifications. Special Provisions page 10 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 4 - REMOVE EXISTING SIDEWALK AND HANDICAP RAMP This item shall include all costs per square foot of demolition, removal and disposal of existing concrete sidewalks and handicap ramps including saw cutting. BID ITEM No. 5 - REMOVE A.C. PAVEMENT This item shall include all costs per square foot for demolition, removal, and disposal of existing R.C. pavement including saw cutting to the limits shown on the plans. An extra one(1) foot strip is being removed to allow for forming of the new curb and gutter. BID ITEM No. 6 - CURB AND GUTTER REMOVAL This item shall include all costs per lineal foot for demolition, removal, and disposal of existing curb and gutter including saw cutting. BID ITEM No. 7 - EXCAVATION, GRADING AND SUBGRADE PREPARATION This bid item shall include all costs required or necessary to complete the following work: A. The excavation or filling of the area of work to the limits and subgrades specified on the plans. This item shall include excavation and removal from the site of any A.C. paving, P.C.C. concrete, base rock and soil for which there is not a specific bid item. B. Final grading and compaction of the subgrade in accordance with section 19-5.03 of the Standard Specifications excepting the second paragraph therefrom. C. The limits of work are all areas to receive improvements including but not limited to grading and paving. D. All transportation and disposal of unsuitable materials, including dumping fees, as directed by the Engineer. E. The Contractor shall exercise all due care during the excavations and grading work to insure no damage to private property occurs. If damage should occur, repair shall be at the Contractor's expense. F. The Contractor shall have an adequate non-potable water truck on site during all operations. The Contractor shall employ this truck, and others, if required, to control the creation of dust and the problems associated with dust. At the direccion of the City Engineer, the Contractor shall water, with the appropriate equipment, areas of possible dust creation, and all costs for this work shall be included herein. Section 18 of the Standard Specifications, as modified herein, shall apply. All water used for dust control shall be non- potable. G. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in section 7-1.13, of the Standard Spesifications. Special Provisions page 11 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 8 - INSTALL STANDARD CURB DROP INLET STATE TYPE GOL This bid item shall include all costs per each for providing, installing, and finishing a curb drop inlet in accordance with the City of Cupertino Standard Details, and conform to Section 51 and 90 of the Standard Specifications. The drop inlet shall be State typ GOL. This item shall include the connection of the two(2) 12 inch RCP lines and the one(1) 10 inch PVC lines into the existing drop inlet. BID ITEM No. 9 - INSTALL TYPE A2-6 CURB AND GUTTER This bid item shall include all costs per lineal foot for providing, placing, and finishing type A2-6 concrete curb and gutter in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications, including four(4) inch CL, II, three fourths (3/4) inch maximum aggregate base cushion. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 10 - INSTALL 4 INCH P.C.C. SIDEWALK This bid item shall include all costs per square foot for providing, placing, and finishing concrete sidewalk including four(4) inch Class II, three fourths(3/4) inch maximum aggregate base cushion and conforming to Sections 73-1.04 and 73-1.07 of the Standard Specifications. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 11 - INSTALL HANDICAP RAMPS This bid item shall include all costs per each for providing, placing, and finishing handicap ramps Type B in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications. Class B concrete shall be used and shall conform to Section 90 of the Standard Specifications. The bid per each shall include but not necessarily be limited to the following: 1. Install all required aggregate base material to a minimum thickness of four(4) inches under the ramps, curbs and gutters, in conformance with Section 26 of the Standard Specifications, as applicable. 2. Install all wood forms required for curbs, gutters or handicap ramps. 3. Install Portland Cement Concrete to a minimum thickness of four(4) inches in sidewalk areas and six(6) inches in gutter areas, in conformance with Section 90 of the Standard Specifications, as applicable. BID ITEM No. 12 - GRIND A.C. PAVEMENT This bid item shall include all costs per lineal foot for removing A.C. pavement, approximately six feet (6' ) wide and to depths specified on the contract plans. All work shall be done in accordance with section 42 of the Standard Specifications. Special Provisions page 12 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 13 _ INSTALL A.C. DEEPLIFT AND OVERLAY PAVEMENT This bid item shall include all costs per ton for providing, placing, and compacting asphalt concrete(A.C.) on compacted subgrade, of the thickness and at the locations shown on the plans and placing A.C. overlay to the limits shown on the plans. Paint binder and seal coats shall be included in the amount herein. The following specifications shall apply: A. The A.C. on all public streets shall be Type B (1/2 inch maximum) medium graded asphalt concrete as specified in Section 39.2 of the Standard Specifications. B. Payment for adjustment of utility structures including but not limited to: traffic signal and lighting pull boxes, monument boxes, catch basin rims, gas valve boxes, storm and sanitary manholes to new pavement grade will deemed included in this bid item. C. Sections 26, 39, 92, and 93 of the Standard Specifications shall apply to the work outlined herein. BID ITEM No. 14 _ INSTALL UNMETERED SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III (disconnect) unmetered service equipment enclosure in conformance with Section 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. & E. , and shall conform to Section 86-1.02, "Regulations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be provided for each control component. The nameplates shall be phenolic, red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect for BUBB RD. at RESULTS WAY and for BUBB ROAD at MCCLELLAN ROAD traffic signals and safety lighting circuits. Portland cement for tie foundation shall conform to Section 90-10, "minor Concrete" of the Standard Specifications. BID ITEM No. 15 - 'INSTALL 2 INCH RIGID METAL CONDUIT This bid item shall include all costs per lineal foot for providing and installing 2 inch rigid metal conduit. Conduits shall conform to the provisions in Section 86-2.05, "Conduits," of the Standard Specifications, as well as the Standard Plans. Non-metalic type conduit shall not be used. Installation of conduit shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. Special Provisions page 13 of 17 SPECIAL PROVISIONS(Continued) PROTECT 91-101 BID ITEM No. 16 - NUMBER 5 PULL BOX This bid item shall include all costs per each for providing and installing standard No. 5 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 17 - NUMBER 6 PULL BOX This bid item shall include all costs per each for providing and installing standard No. 6 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 18 - REMOVE PAINTED TRAFFIC STRIPING This bid item shall include all costs for the removal of the existing and/or conflicting painted striping shown on contract plans. The striping shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and ►`.he surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning operations. State Detail 8 - 260 ft. State Detail 10 - 190 " State Detail 21 - 40 " State Detail 38 - 355 " State Detail 39 - 130 State Detail 39A- 280 " 12 " White - 60 BID ITEM No. 19 - REMOVE PAVEMENT MARKERS This bid item shall include all costs for the removal of the existing and/or conflicting raised pavement markers shown on contract plans. Existing pavement markers, when no longer required for traffic lane delineation, shall be removed and disposed of as directed by the Engineer. Type 'A' - 50 ft. State Detail 23 - 210 ft. BID ITEM No. 20 - REMOVE BARRICADE This bid item shall include all costs for removing a barricade as shown on the Contract Plans. BID ITEM No. 21 - REMOVE PAINTED PAVEMENT ARROW This bid item shall include all costs for the removal of the existing and/or conflicting painted arrows, as shown on contract plans. The arrows shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning Special Provisions page 14 of 17 SPECIAL PROVIS"�JNS(Continued) PROJECT 91-101 opertions. BID ITEM No. 22 - REMOVE PAINTED PAVEMENT LEGENDS This bid item shall include all costs for the removal of the existing and/or conflicting painted legends, as shown on contract plans. The legends shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning opertions. BID 'ITEM No. 23 - REMOVE SIGN POST This item shall include all material, equipment, and labor to remove all posts as shown on the plans. BID ITEM No. 24 - REMOVE TRAFFIC SIGNS This item shall include all material, equipment, and labor to remove all traffic signing, mounting hardware, and posts as shown on the plans. BID ITEM No. 25 - RELOCATE TRAFFIC SIGNS This item shall include all material, equipment, and labor to relocate all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. the relocation of the street and traffic signs shad include all work and materials, including posts and mounting hardware necessary for relocation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. BID ITEM No. 25 - INSTALL TRAFFIC SIGNS This item shall include all material, equipment, and labor to provide and install all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. The installation of the street and traffic signs shall include all work and materials, including posts and mounting hardware necessary for installation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. Special Provisions page 15 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITE14 No. 27 through 32 - INSTALL TRAFFIC STRIPING This bid item shall include all costs for materials, equipment and labor to install all striping, cat tracking or dribble, as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Control of alignment and layout of traffic stripes shall conform to the provisions in section 84-1.02, "Traffic Stripes and Pavement Markings", of the Standard Specifications. Contractor shall be responsible for accurately locating the position of all traffic lanes, arrows, and other markings in accordance with the plans by cat tracking or dribble lines not later than two (2) hours after removal of existing striping,. Prior to painting, the Contractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the lane stripes and pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangemer.cs to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. BID ITEM No. 33 - INSTALL PAINTED TRAFFIC ARROWS This bid item shall include all costs for materials, equipment and labor to install all pavement arrows as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all arrows and other markings in accordance with the plans. Any arrows installed prior to the installation of inductive loop detectors will be re ected ty the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic. Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. Th< Contractor shall provide suitable barriers, warning signs or other arrangau.,�nts to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. BID ITEM No. 34 - INSTALL PAINTED TRAFFIC LEGENDS This bid item shall include all costs for materials, equipment and labor to install all legends as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all legends, arrows, and other markings in accordance with the plans. Any legends installed prior to the installation of inductive loop Special Provisions page 16 of 17 CONTRACT FOR PUBLIC WORKS This CONTRACT made on , 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and [contractor' s name] , 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. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. 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 TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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, TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 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 [contract amount] , 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 thq true value of the work done, or any work omitted, or of 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, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. 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 or 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 Standrad Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into complian,:e 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, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or 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 partie, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 sub-contractor should violate any of the provisions of the Contract, CITY may serve writt-en 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 ?.mmediately 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 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 judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors 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 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 [contractor's name] , [contractor's address] postage prepaid and certified; and (c) if notice is given to rONTRACTOR'S surety or any other person, either by personal delivery thereof tD CONTRACTOR'S surety or other person, or by depositing same in the United Staves 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 I1. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LY_ABILITY INSURANCE. CONTRACTOR shall sake 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 sub-contractors 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 by 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 seperate 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 occurances or conditions and effects: earthquakes and tidal waves, when such occurances 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 occured in a populated area. Subject_ to the foregoing, CITY shall not, in any way or manner, be answerable or `fer loss, damage, expense or liability for any loss or damage that may harpen 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 sub-contractor 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 WI CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91.101 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO [contractor's name] [contractor's address] By: By: Mayor Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: ,1990 City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney Contract Amount: [contract amount] Account Number: Purchase Order Number: Contract Page 6 of 6 e CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, [contractor's name] as Principal, and as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of [contract amount] lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated _11990 with the Obligee to do and perform the following work to-wit: TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY PROJECT 91-101 NOW, THERFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 1990. (To be signed by Principal and Surety. Notary acknowledgments required) [contractor's name] Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,1990. Faithful Performance Bond Page 1 of 1 •9 f ar CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and [contractor's name] hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY, PROJECT 91-101, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, [contractor's name] as Principal, and �, as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of [contract amount] . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns; shall fail to pay for an_y materials, provisions, provender or other supplies or teams used in, upon, Vor, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies ans corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 Labor and Material(continued) PROJECT 91-101 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this day of 19 (To be signed by Principal and Surety. Notary acknowledgments required) (contractor's name] Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of 1990. Labor and Material Page 2 of 2 SPECIAL PROVISIONS(Continued) PROJECT 91-101 detectors will be re acted IM the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. No separate payment will be made for traffic control for applying traffic stripes. Full compensation for traffic control shall be considered'as included in the contract prices bid for traffic control. REVIEW AND APPROVAL SIGMA S Reviewed by: Re ew y ci ZeW. en Glenn H. Gri gg Assistant City Engineer Traffic Engineer Approved by: Be—rr7. Viskov ch Director of Public Works Date: 14012-9149 Special Provisions page 17 of 17 BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The street improvements shall be completed on or before 1991. 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before F*,eeya,%v 26 , 1991 . 3. Traffic signal poles and hardware will be delivered to the job site for installation on or before fta LuAffl.Y ;G8 , 1991 . 4. The traffic signal system will be complete and operating on or before M&ctr_e.4 3l 195 The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT 'ITEM qrL UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: i'�10 7-" JSI�rsA $soap Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: — $ Ste, 2S Dollars Lump Sum -""�- Proposal Page 2 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: ----._._.�„ T1gro-Two�s,4,ep F'zvt= u�sma�► Ste — /Ea $ 5 cc�s Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: T � $, 3 /SF Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: Tzr� $ '�-- /sF $ 2 a`j4 Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: v $ 57 /LF $ Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: Dollars Lump Sum $� _ 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: Dollars per Each Proposal Page 3 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install Type A2-6 Curb and Gutter: S 15 /LF $ rodo Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: f cua- $ 4-: !SF $ 3 2.20 Dollars per Square Foot 11. 2 Each Install Handicap Ramp: $ <OCo` lEa $, Dollars per Each �- 12. 140 L.F. Grind A.C. Pavement: Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: _1 F�SZ�Jf� ►v�►�R�E r] — _ $ /Ton $ 3 60a Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: Dollars per Each Proposal Page 4 of 12 BID DOCUMENTS(Continued) PRCrJ ECT 91.101 15, 190 L.F. Install 2 Inch Rigid Metal Conduit: TAN Ty $ 2-"; /LF $ 3 Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Box: Dollars per Each 17. 1 Each Install Number 6 Pull Box: $ 4� /Ea $ 4ao Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: $ /LF $ , Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: LF $ 2� Dollars per Lineal Foot 20. 1 Each Remove Barricade: /Ea $ (co Dollars per Each Proposal Page 5 of 12 ' BID DOCUMENTS(Continued) PROJECT 91-101 21. 8 Each Remove Painted Pavement Arrow: TK�tt�r $s 30 /Ea $ Z — Dollars per Each 22. 9 Each Remove Painted Pavement Legends: y $ 30_ /Ea $ 2767 Dollars per Each 23. 2 Each Remove Sign Post: *,xTy $ Go— /Ea $ 1107 Dollars per Each 24. 3 Each Remove Traffic Signs: Dollars per Each 25. 1 Each Relocate Traffic Signs: Q4j f+UrsnP--Fca $ ,Do /Ea $ 'o0 Dollars per Each 2.6. 7 Each Install Traffic Signs: --a 2cxD /Ea $� Dollars per Each Proposal Page 6 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 27. 50 L.F. Install Traffic Striping State Detail 13: 00 F— $ I � /LF $ Dollars per Lineal Foot 28. 340 L.F. Install Traffic Striping City Detail 23C: /LF $ o a Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: /LF $ 42. Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: /LF $ b6 o— Dollars per Lineal Foot 31. 300 L.F. Install Traffic Striping State Detail 39AC: Or'E $ ., /LF $ Sao Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: �1ist6� $ 7 /LF $ of — Dollars per Lineal Foot Proposal Page 7 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 33. 16 Each Install Painted Traffic Arrows: $—� /Ea $ (-4o Dollars per Each 34. 1. Each Install Painted Traffic Legends: Dollars per Each TOTAL: $ j—. I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ 10% of bid amount , which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am President of G.A.B. Construction, Inc. (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 Proposal Page 8 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 theretto, 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. Proposal Page 9 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 6+ years. Our experience in work comparable with that required by the proposed contract is 6+ years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . DNA My California Contractor's License Number is 470286 The classification of this License is A & C10 The expiration date for this License is `03/31/91 _ 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. The following is a an example of work similar in character to that required in the proposed contract which our or;anization or personnel in our organization has completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount 1989 MCCI.ELLr'-N & STELLING, CITY OF CUPERTINO $47,000.00 NOTE: ADDITIaNAL PROJECTS ARE AVAILABLE UPON REQUEST. Proposal Page 10 of 12 • BID DOCUMENTS(Continusd) PROJECT 91-101 SUBCONTACTORS rORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business a:�d 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 shall perform work on this project. 1. Name 1ZXL-S-Y s �sRt�p Address �3 t�actL� S'-" . — M 4g:,saJ c34 se.3 Work to be Performed S�6asra c-rcn.cps,�c� 2. Name A Address L7Ao ScsMz-" . CL.a.•Cb, Ck. 95Q52 Work to be Performed 3. Name Address Work to be Performe 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 e BID DOCUMENTS(Continued) PROJECT 91-101 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 BUSINESS NAME OF BUSINESS CORPORATION G.A.B. CONSTRUCTION, INC. (CALIFORNIA CORPORATIONI) GORGE A. BRIIZA, PRESIDENT & TREASURER CO-PARTNERSHIP: cARnT. N:_ RRTT.T.A,17ME PTW_gTTI= INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: GEORGE; A. BRILLA _ (Print or T e � / / (S i gnili4rfl ^~ y� Date: 11 13/90 Address(mailing & location) 670 COLF�'Q AVENUE, SAPS JOSE, CA 95110-2003 Telephone Number : (408 ) 280-0900 Acknowledgement of all addenda received is required by circling each addendum number. 3 4 S 6 7 8 9 10 Proposal Page 12 of 12 BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA, 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods. processes, tools, machinery and materials required to construct to completie and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD a RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 O BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The street improvements shall be completed on or before DEC. 11 19 90 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before- JAN. 8 1 1991 . 3. Traffic signal poles and hardware wCll be delivered to the job site for installation on or before FEB. 12 ' 1991 4. The traffic signal system will be complete and operating on or before MARCH 2 1991 . The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City .3f Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. .EST'7 MATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: SEVEN HUNDRED EIGHTY-ONE AND ran/100 $ 781-00 Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: SIXTY-SIX THOUSAND SIX HUNDRED SEVENTY-NINE AND 18i100 $ 66,679. 18 Dollars Lump Sum Proposal Page 2 of 12 BID DOCUMMS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: ONE THOUSAND NINE HUNDRED SEVENTY-TWO AND 50/100 $ 1,972.50 /Ea $ 3,945.00 Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: TWO AND 41/100 $ 2.41 /SF $ 1 ,241.15 Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: ONE AND 80/100 $ 1.80 /SF $ 1 ,256.40 Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: SEVEN AND 90/100 $ 7.90 /LF $ 1,240.30 Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: THREE THOUSAND ONE HUNDRED SEVENTY-FOUR AND NO/100 $ 3, 174.00 Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: ONE THOUSAND . FIVE HUNDRED SEVENTY-FIVE AND NO/ 00 $ 1,575.00 /Ea $ 1,575.00 Dollars per Each Proposal Page 3 of 12 ROS"'LlI IN ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install Type A2-6 Curb and Gutter: SEVENTEEN AND 531100 $ 17.53 /LF $ 3,050.22 Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: THREE AND 25/1.00 $ 3.25 /SF $ 2,66.25 Dollars per Square Foot 11. 2 Each Install Handicap Ramp: FIVE HUNDRED FIFTY-SIX AND NO/100 $ 556.00 /Ea $ i,1:1.2.00 Dollars per Each 12. 140 L.F. Grind A.C. Pavement: ELEVEN AND 43/100 _ $ 1.1.43 /LF $ 1,600.20 Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: ONE HUNDRED FIFTY and NO/100 $ 150.00/Ton $ 1,800.00 Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: ONE THOUSAND SEVEN HUNDRED FIFTY-ONE AND NO/100 $ 1 ,751.00 /Ea $ 1,751.00 Dollars per Each Proposal Page 4 of 12 IIUSE'D N EL I i y(C INC, x' BID DOCUMENTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: NINE AND 62/100 $ 9.62 /LF $ 1,827.80 Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Box: TWO HUNDREDFORTy_FICHT AND N01IOO _ $ 248.00 /Ea $ 248.00 Dollars per Each 17. 1 Each Install Number 6 Pull Box: THREE HUNDRED TWENTY-SIX AND N0/100 $ 326.00 /Ea $� 326.00 Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: ONE AND NO/100 $ 1.00 /LF $ 1,315.00 Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: ONE AND NO/100 $ 1.00 /LF $ 260.00 Dollars per Lineal Foot 20. 1 Each Remove Barricade: ONE HUNDRED FIFTEEN AND NO/100 $ 115.00 /Ea $ 115.00 Dollars per Each Proposal Page 5 of 12 ROSENDIN 4LC RIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 21.. 8 Each Remove Painted. Pavement Arrow: THIRTY AND NO/100 $ 30.00 /Ea $ 240.00 Dollars per Each 22. 9 Each Remove Painted Pavement Legends: THIRTY AND NO/l0O $ 30.00 /Ea $` 270.00 Dollars per Each 23. 2 Each Remove Sign Post: SIXTY AND NO/100 $ 60.00 /Ea $ 120.00 Dollars per Each 24. 3 Each Remove Traffic Signs: SIXTY AND NO/100 $ 60.00 /Ea $ 180.00 Dollars per Each 25. 1 Each Relocate Traffic Signs: ONE HUNDRED FIFTEEN AND NO/100 $ 115.00 /Ea $ 115.00 Dollars per Each 26. 7 Each Install Traffic Signs: TWO HUNDRED AND N0/100 $ 200.00 /Ea $ t,400.00 Dollars per Each Proposal Page 6 of 12 I��l)J`t..{V�ilL`i LLLL �`�lftJ, INC. TRAFFIC SIGNAL INSTALLATION 4 of 5 BUBB RD. & RESULTS WAY PROJ 91-101 BID DOCUMENTS(Continued) PROJECT 91-101 27. 50 L.F. Install Traffic Striping State Detail 13: 75/100 (SEVENTY-FIVE CENTS) Dollars per Lineal Foot $_ J�.75 LF $ 37.50 28. 340 L.F. Install Traffic Striping City Detail 23C: ONE AND 10/100 $ 1.10 /LF $ 374.00 Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: 60/100 SIXTY CENTS $__ 0.6oa /LF $ 252.00 Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: 60/100 (SIXTY CENTS) Dollars per Lineal Foot $ 0.602 /LF $ 96.00 31. 300 L.F. Install Traffic Striping State Detail 39AC: 60/100 (SIXTY CEN'CS) $ 0.6ot /LF $ 180.00 Dollars per Lineal Foot , 32 , 310 L.F. Install Painted 12 Inch White Traffic Striping: THREE AND NO/100 $ 3.00 JLF $ 930.00 Dollars per Lineal Foot Proposal Page 7 of 12 = t�Jd:l4Utlti LL.LL 1 fli0� JINc. BID DUCUMENTS(Continued) PROJECT 91-101 33. 16 Each Install Painted Traffic Arrows: FORTY AND N01100 $ 40.00 /Ea $ 640.00 Dollars per Each 34. 1 Each Install. Painted Traffic Legends: FORTY AND NO/100 $ 40.00 /Ea $ 40.00 Dollars per Each TOTAL: $ 100,788.00 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $_ BID BOND , which amount represents tei percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am VICE PRESIDENT of ROSENDIN ELECTRIC, INC. (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 Proposal Page 8 of 12 ROJEl D'i lk i._IL_C 1 RIC, INC. C BID D0CUMENTS(Continued) PROJECT 91-101 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. Proposal Page 9 of 12 r �, INC. BID DOCUMENTS(Continued) PROJECT 91-101 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as t) my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 25 years. Our experience in work comparable with that required by the proposed contract is 2-i years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . NIA My California Contractor's License Number is 142881 The classification of this Ll - anse is C10. A. B The expiration date for this License is 9/30/92 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. The following is a 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. Year Class, Location of Work and for Whom Performed Amount 1988 TRAFFIC SIGNAL MOD @ MARY & STEVENS CITY OF CUPERTINO $28,619.00 �+1988 TRAFFIC SIGNAL MOD @ RAINBOW & STELLING CITY OF CU ERTINO $39,731..0U Proposal Page 10 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 SIIBCONTACTORS 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(O.5%) of the total bid are listed below, only those listed shall perform work on this project. 1. Name JOS. J. ALBANESE, ?NC. + Address 840-70 °ARKER ST. , SANTA CLARA, CA 95052 'ork to be Performed BID ITEMS 4 THRU 13 2. Name VALLEY CONCRETE SAWING _ Address 6830 COUNTRY CT. , ROSEVILLE, CA 95661 Work to be Performed LOOP DETECTOR SAWING 3. Name RILEY'S STRIPING Address 3350 PACHECO BLVD. , MARTINEZ, CA 94553 Work to be Performed BID ITEMS 18 THRU 34 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, LO 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 BUSINESS NAME OF BUSINESS CORPORATION ROSENDIN ELECTRIC, INC. CO-PARTNERSHIP: ROSENDIN ELECiX!C, INC. ROSENDIN — PRESIDENT INDIVIDUAL L M. RDSEND - Fx y. PUFs g JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: RON COFFEE (Print or Type Name) (Sign Date: NOVEMBER 13, 1990 Address(mailing & location) P_n_ Box 5061 SAN JOSE., CA 951.50-5061 880 MARRY ROAD SAN JOSE, CA 95133 Telephone Number : ( 408 ) 286-2800 Acknowledgement of all addenda received is required by circling each addendum number. 3 4 S 6 7 8 9 10 Proposal Page 12 of 12 . JS�I� 'N a-L G r 1�tC, INC. 777 10300 Tone Avenue Cupenino,CA 95014-32SS A Telephone,(408)252-4505 l a ti FAX:(40a)2S2-07S3 PUBLIC WORKS DEPARTMENT October 31, 1990 File: 74,297.06 p.; DENDUM. No. 1 l PROJECT 91-101 S TRAFFIC SIGNAL. INSTALLATION BUBB ROAD at RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEKBER 13, 1990 ' The Special Provisions of 'PROJBCT 91-101 are amended to include the following: PRE-EMPTION OPERATION AND EQUIPMENT Pre-emption operation and equipment shall conform to the provisions in section 86-3.04 "Pre-emption," and 86-3.08B "Pre-emption Equipment," of the Standard Specifications. The project plan sheet 2 of 7 for PROJECT 91-101 has been amended to include railroad pre-empt sequence. The track clearance interval is phase 6 after which the remaining phases will operate in red flash condition. Approved by: CITY OF CUPERTINO Bert 5J. �Ovl Dire Lor of Public Works, GMG:gg . x P 'M ✓,` €> AW IkL fAX•4 , S1�4653 PLIRLIC WORKS DEPARTMENT Rivvamber 7, 1990 f File 74 297.06 AIDDEM M No. 2 PROJECT 91-101 TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEMBER 13, 1990 :r The project plan sheet 3 of 7 for PROJECT 91-101 has been amended to include and to delete the following. 1.) Installation 0 ,shall include MAT and HAS in the section for Vehicle Signal Mounting. 2.) Installation 0 ,shall delete SP-1-T in the section for Ped Signal Mounting. 3.) Installation �� ,shall include MAT in the section for Vehicle Signal Mountings. Approved by: CI OF ert J. Vi kovich irector o Public Works GMG:gg N MMMMMMM BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of. ' discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined or, the following pages. Proposal Page 1 of 12 CUPERTINO ELECTRIC, INC. • BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. The street improvements shall be completed on or befor � __ 19�. 6 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before- FE.$ !S , 19g1 . 3. Traffic signal poles and hardware will be delivered to the job site for installation on or before 3AP-4 199 1 . 4. The traffic signal system will be complete and operating on or before 1A4Q-Li+ IS- 19L. The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the cork to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED (QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: ----�-_ _�- $ Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: n o tr------_ Dollars Lump Sum _ —T Proposal Page 2 of 12 CU1-'RTIN0 ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: Or*_4 Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: .y $ 2 ,� 3 /SF $ t Z Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: -- _ SF $Dollars per Square Foot / 6. 157 L.F. Remove Curb and utter: G_'-e:, or 0. 3 of(OTC ---�� /LF $ Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation.- 7 Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: sic - $ 1Ca53 - - Ea Dollars per Each Proposal Page 3 of 12 CUPERTINO ELECTRIC, INC. 1 BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install Type A2-6 Curb Gutter: ¢�� Dollars per Lineal Foot 10. 805 S.F. Install 4 Inchp P./C.C. Sidewalk: Dollars per Square Foot 11. 2 Each Install Handicap Ramp: %0Ea $ t�LCa� tam Dollars per Each 12. 140 L.F. Grind A.C. Pavement: /LF $ Z.gST-E Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: .,A-v�(>�a�y �.�►-ems S���t3-------- �- ----- --- --_.. $ � SD $ HO Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: 'ut Ea D lars per Each Prcposal Page 4 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: ,� 15 S �`�I Z � /LF $ . Dollars per Lineal Foot 16. 1 Each Install Number f(5 Pull Box: i OV Dollars per Each 17. 1 Each Install Number 6 Pull Box: NVY t $ Z.24-4? /Ea $ Z..Z-& -- Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: Dollars per Lineal Foo,: 19. 260 L.F. Remove Pavement Markers: C;)g; $ cz- /LF $ Dollars per Lineal Foot 20. 1 Each rrRemove Barricade: S `Zfl /Ea $ I ZQ Dollars per Each Proposal Page 5 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 21. S Each Remove Painted Pavement Arrow: S� /Ea $ Dollars per Each 22. 9 Each Remove Painted Pavement Legends: /Ea $ ZS .� Dollars per Each 23. 2 Each Remove Sign Post: ` ��32 ^QI A� $ 5 /Ea $ Dollars per Each 24. 3 Each Remove Traffic Signs: Dollars per Each 25. i Each Relocate Traffic Signs: /Ea $ �..� Dollars per Each 26. 7 Each Install Traffic Signs: CWJ /Ea Dollars per Each Proposal Page 6 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 27. 50 L.F. Install Traffic Striping State Detail 13: '�9/1 r $ • �� /LF $ Dollars per Lineal Foot 28. 340 L.F. Install Traffic Striping City Detail 23C: 40 Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: /LF Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: -- _- $ La 7� /LF $ o lars per Lineal Foot 31. 300 L.F. Install Traffic Striping State Detail 39AC: _ $ Ga /LF Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: Dollars per Lineal Foot Proposal Page 7 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 33. 16 Each Install Painted Traffic Arrows: �� -t;�,- a j no ( &tp Dollars per Each 34. 1 Each Install Painted Traffic (Legends: Dollars per Each TOTAL: $ ® - ` Qp I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to d- all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier's check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of $ i�. (© E6 D"D which amount represents ten percent(108) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am MA-M R-f,.� of G�J��f T i�i a c- ►c��w r� . (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 Proposal Page 8 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 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. Proposal Page 9 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 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 32 years. Our experience in work comparable with that required by the proposed contract is 4 years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the following different business name(s) . My California Contractor's Liceiise Number is 174637 The classification of this License is C 10 The expiration date for this License is 3aXIUAry 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. The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel irk our organization has completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount SEE ATTACHED Proposal Page 10 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS FORM The: suocontractor(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 shall perform work on this project. 1. Name !t��{ S M i P 1+i Ci Address V _�U . � 1 S 1 tiAAL�-T1v�-,� Work to be Performed S Sit,LP.NdL, 2. Name Address Work to be Performed �rt AL� 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 CUPERTINO ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 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. i'YPE OF BUSINESS NAME OF BUSINESS CORPORATION CUPERTINO ELECTRIC, INC. CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: Eugene A. Ravizza (Print or Type Name) (Signature) i Date: November 13 , 1990 Address(mailing & location) 14 East Evelyn Avenue Sunnyvale, CA 94086 Telephone Number : ( 408 )_ 991-1000 Acknowledgement of all addenda received is required by circling each addendum number, 1 2 3 4 6 7 8 9 10 Proposal Page 12 of 12 CUPERTINO ELECTRIC, INC. CUPLRTINO ELECTRIC INC. 714 EAST EVELYN AVENUE • SUNNYVALE, CALIFORNIA 94086 • 408,991-1000 • FAX 408/245-3430 . LICENSE NUMKR 174637 szREBT LIGRTING PROJECTS Proiect Owner/Developer Contract 04-SCL-101-30.5/31.7 Caltrans $309,061.46 ANGEL/BEEMER STREETS City of Cupertino $ 7,941.00 PLAZA PARR IMPROVEMENTS City of San Jose $327, 108.06 CAMINO RAMON IMPROVEMENTS City of San Ramon $ 26, 158.00 SAN TOMAS EXPRESSWAY County of Santa Clara $549, 145.24 TRACT 8127 - LOS GATOS Roma Construction $ 11,495.00 LOS GATOS BLVD. IMPROVEMENTS Town of Los Gatos $252, 209.77 TRACT 8101 - SAN JOSE H. L. Powell $ 5,554 .00 CENTRAL CONTROL T.S. City of Santa Clara $372, 637.28 VALLCO @ TANTAU T.S. Grosvenor/Rudolph & Sletten $ 93, 346.00 TRACT 8129 - MOUNTAIN VIEW Duran & Venables $ 3, 448 . 50 SCOTTO VALLEY @ GRANITE CRK. Toeniskoetter & Breeding $ 82,714 . 00 EL CAMINO @ CAMPBELL Sobrato Development $ 25, 065.08 EMERGENCY GENERATOR/PUMP City of Pleasanton $ 46,885.00 BROOKMEADOW NO. 6 - LIVERMORE Smith & Denison $ 9, 440. 12 STONESTOWN BUILDING F Shooter & Butts $ 44,731.00 SAN RAMON VALLEY BOULEVARD City of San Ramon/O.C.Jones $ 52,444 .'00 VETERANS PLAZA City of Pleasanton/Consolid. $ 12,649.00 LUNDY @ BROKAW ROAD Oliver de Silva Inc. $ 45,953. 13 TRACT 8221 e SAN JOSE Pan Cal Investment Co. $ 12,988.00 PORTAL PLAZA - CUPERTINO Yamaoka Builears $ 49, 139.59 (rev 080290) file forms\clsdjobs -71 Not -41 } ...Cr ally}b Sao low v w cup otino.CA 4 tel:44044 M 450 P4: FAX:440M 2"s24M ' PUBLIC WORKS IMPARTMENT November 7, 1990 File: 74,297.06 ADDENBt% No. 2 PROJECT 91-101 A TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEMBER: 13, 1990 The project plan sheet 3 of for PROJECT 91-101 has been amended to include and to delete the following: 1.) Installation O ,shall include MAT and MAS in the section for Vehicle Signal Mounting. 2.) Installation O ,shall delete SP-1-T in the section for Ped Signal Mounting. 3.) Installation O ,shall include MAT in the section for Vehicle Signal Mountings. Approved by: CI OF COMMUNITY ELECTRIC,INC. ert J. Vi kovich irector o Public Works WADE WHITE GMG gg PRESIDENT x s x 41 OOd+ MUN1TY � eta i F 1015�1 Totoe I►vefutt _ ` P.O.B=560 Cupenirnwo.CA'1 4-T255 �E# i r Cupertino.CA%MS {te`lvephom.,(408)252-M y`�� w++ PUBLIC WORM DEPARTMENT ti . x October 31'' 1990 File: 74,297.06 � ADDLTM Pao 1 PROJECT',9V-101 TRAFFIC SIGNAL:=INSTALLATION . k , BUBB ROAD at. RESULTS WAY BID OPEPTAG. 2:00 P.M. TUESDAY NOVEMBER 13�` 1990 The Special Provisions of PROJECT 91•101 -are Amended t® include the fallowing: PRE-EMPTION OEM AND EQUIPMENT i Pre-emption operation and equipment shall conform to the provisions in section 86-3.04 "Pre-emption," and 86-3.08B "Pre-emption Equipment," of the Standard Specifications. The project plan sheet 2 of 7 for PROJECT 91-101 has been amended to include railroad pre-empt sequence. The track clearance interval is phase 6 after which the remaining phases will operate in rest flash condition. COMMUNITY ELECTRIC,I Approved. by: I01 CITY OF CUPERTINO C.E"WADE WHITE �ert, Ksov PRESIDENTDirector of Public Works. CNG:gg 4: f i' COMMUNITY ELECTRIC, INC. • CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS PROJECT 91-101 TRAFFIC SIGNAL INSTALLATION BUBB ROAD AT RESULTS WAY BID OPENING 2:00 P.M. TUESDAY NOVEMBER 13, 1990 Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, California 95014 ���2 97• � e 001MMUNI TY ELECTRIC,INQ. TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCUMENTS Notice to Contractors Proposal Bidder Qualification Form Sub-Contractors Form Bidder's Signature Form B. GENERAL PROVISIONS Adoption of Standard Specifications Headings and Citations Definitions of Terms Prosecutions and Progess of the Work Control of the Work Legal Relations and Responsibilities to the Public Proposal and Award of Contract C. SPECIAL PROVISIONS Location Scope of work Order of Work Time of Completion and Liquidated Damages Prebid Conference Prsconstruction Conference Inspection and Inspection Costs Traffic Control Record Drawing Warranty Permit Estimated Quantities Explanation of Bid Items Review and Approval Signatures D. CONTRACT E. FAITHFUL PERFORMANCE BOND F. LABOR AND MATERIAL BOND a C0rv'1v1UNiTY ELECTRIC, INC. A. BID DOCUMENTS NOTICE TO CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. 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 TRAFFIC SIGNAL INSTALLATION, on BUBB ROAD at RESULTS WAY, PROJECT 91-101. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7 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, CA 95014, until 2:00 P.M. on NOVEMBER 13, 1990, 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 percent(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 became payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) 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 bid will be awarded to a Contractor who is not licensed 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 the proper classification of license. Notice to Contractors Page 1 of 2 e BID DOCUMENTS(continued) CO,MUNITY ELECTRIC, INC. PROJECT 91-101 All bids received will be reported to the City Council 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 reject any or all bids, and further reserves the right to delete any item or items from the proposal or to increase or Decrease the quantity of any item thereof in conformance to the Standard Specifications and these Special Provisions. The Contractor shall furnish to the City a faithful performance bond and a labor and material bond as required �n the specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all sub-contractors, to pay no less than the general prevailing wage rates to all iorkers employed in the execution of the contract as provided for in Section 7-1.O1A of the Standard Specifications. Payments to the Contracto 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 mad^ 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 4590 of the California Goverrinent 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 California 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 CUPERTINO By: /(Q�41 Date: S a City Clerk �� Published: L' 4131 Notice to Contractors Page 2 of 2 y��1MUMTI ELECTRIC.INn. BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. 1, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension .of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 COMMUNITY ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 TIME FOR COMPLETION 1. a street improvements shall be completed on or before , 191L. 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Mai enance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before 19c11 . 3. Traffic signal poles aio# hardware will be delivered to the job site for installation on or before U 4. The�.t t affic signal system will be complete and operating on or before- 19 q . The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each aad every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED gj! LLN TIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: $ Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: r $ Dollfars Lump Sum Proposal Page 2 of 12 COMMUNITY ELECTRIC, INC. BID DOCUMENTS(Continued) PaOJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: / Dollars toe ' ach 7 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: $ 3_oo /sF $ Dollars per Square Foot —7 5. 698 S.F. Remove A.C.Pavement: LL- 14A $ -7. 60 /Sr" $ 09 y, _ Dollars per Square Foot 6. 157 L.F. Remove Curb and Gutter: /LF $ 7Y,6� _ Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: Ag $ OD Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: $ Doo'00 /Ea $ 416te, Dollars per Each Proposal Page 3 of 12 C--N9WUNITY ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install Type A2-6 Curb and Gutter: $ /LF $-J`�`'�` Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: $_ po /SF $ -ZO , Dollars per Square Foot ' 11. 2 Each Install Handicap Ramp: $ , o a /Ea $ — Dollars per Each 12. 140 L.F. Grind A.C. Pavement: /LF $ 300JO. r Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: $ ?669,00 /Ton $ Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: $ J 75o,Oo Ea $-�S , _- Dolls a ach Proposal Page 4 of 12 eOM UNIITY ELECTRIC,INC. BID DOCUMEMTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Inch Rigid Metal Conduit: Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Box: V r $ lc�C'.6b /Ea $ Dollars per Each 17. 1 Each Install Number 6 Pull Box: $_ 6a /Ea Dollars per Each 16. 1,315 L.F. Remove Painted Traffic Striping: /LF $ Ba4-1ars per Lineal Foot 19. 260 L.F. Rei,.,ve pavement Markers: $ 1 13 ILF Dollars per Lineal Foot 20. 1 Each Remove Barricade: ft,a,r +e.ocl r Dollars per Each Proposal Page 5 of 12 • COMMUNITY ELECTRIC,INC. BID DOCLW.ENTS(Continued) PROJECT 91-101 21. 8 Each Remove Painted Pavement Arrow: $ .?��.av /Ea Dollars per Each 22. 9 Each Remove Painted Pavement Legends: $ ,� /Ea Dollars per Each 23. 2 Each Remove Sign Post: Do /Ea $ Dollars per Each 24. 3 Each Remove Traffic Signs: $ . ©6 /Ea $ 9 9, 00 Dollars per Each 25. 1 Each Relocate Traffic Signs: 4�- ZA 8 /Ea $ 19. 00 Dollars per Each 26. 7 Each Install Traffic Signs: r r Ob /Ea $ j/8.?,b6 D larEachol Proposal Page 6 of 12 e0MMUNITY ELECTRIC,INC. BID DOCUMENTS(Continued) PROJECT 91-101 27. 50 L.F. Install Traffic Striping State Detail 13: Dollars per Lineal Foot 28. 340 L.F. Install Traffic Striping City Detail 23C: $ aZ•aZ /LF $ _ Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: /LF $ l y. 6o Dollars per Lineal Foot 30. 160 L.F. Install Traffic Striping State Detail 39: /LF $J,PC,80 Dollars per Lineal Foot 31. 300 L.F. Install Traffic Striping State Detail 39AC: /LF $ Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: /LF $ 7D0, SOB Dollars per Lineal Foot Proposal Page 7 of 12 COMMMUNITY ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 41-101 33. 16 Each Install Painted Traffic Arrc-Ts: $ . 6e /Ea $ ��l�_ 00 Dollars per Each 34. 1 Each Install Painted Traffic Legends: $ / 40 /Ea $ /13, 00 Dollars per Each TOTAL: $ I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connedion with any person, firm, or corporation making a bid for this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier' s check, certified check, bid bond, or surety, payable to the City of Cupertino, in the amount of 061,060.00 BIDDEBSBOND, which amount represents ten percent(108) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am P /,-A/T of COMMUNITY ELECTRIC, INC. (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 Proposal Page 8 0£ 12 COMMUNITY ELECTRIC,INV. BID DOCLMENTS(Continued) PROJECT 91-101 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. Proposal Page 9 of 12 COMMUJ .IITY ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 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 � years. Our experie ce in work comparable with that required by the proposed contract is - 0 — years operating under our current business name. 2 Our experience in work comparable with that required by the proposed contract is years operating under the following different business n3me(s) . ��� , BIDDER'S LICENSE NUMBER IS 323345 �e, CLAMFICATION C-10,"S THE LICENSE EXPIRATION DATE IS 5/31/91. THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PERALTY OF PERJURY. My California Contractor's License Number is 323345 The classification of this License is t��f� IZ YS The expiration date for. this License is 3l 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. The following is a 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. Year Classes Location of Work and for Whom Performed Amount Proposal Page 10 of 12 community electric, inn. CA LC 323345 2143 east francisco blvd. • son rafaei,ca 94901 (41,5)257 3000 FAX (415)257 3029 RECENTLY LETEiD PROJECTS TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT VALLEY AVENUE AND KOLLN STREET AND BERNAL AVENUE AND OLD BERNAL/CASE AVENUE PROJECT 88-5025 TYPE OF PROJECT: TRAFFIC SIGNAL CONTRACT AMOUNT: 198,448.77 DATE ACCEPTED: JUNE, 1"0 OWNER: CITY OF PLEASANTON ADDRESS: P. 0. BOX 520, PLEASANTON CA 94566-0802 REFERENCE NAME: DAVID MARCHI, ELECTRICAL INSPECTOR PHONE NO.: 415-484-8066 TITLE OF PROJECT: TRAFFIC SIGNAL INSTALLATION AT ARDENWOOD BOULEVARD/KAISER DRIVE 7737 (PWC) TYPE OF PROJECT: TRAFFIC SIGNAL CONTRACT AMOUNT: $33,310.30 DATE ACCEPTED: APRIL 17, 1990 OWNER: CITY OF FREMONT ADDRESS: 39700 CIVIC CENTER DRIVE, FREMONT CA 94537 REFERENCE NAME: WILLIAM J. OSWALD, CONSTRUCTION INSPECTION COORDINATOR PHONE NO.: 415-790-6703 TITLE OF PROJECT: SIR FRANCIS DRAKE SIGNAL IMPROVEMENTS PROJECT ECR-725 - FAE M-EO11(007) TYPE OF PROJECT: TRAFFIC SIGNAL CONTRACT AMOUNT: $340,861.63 DATE ACCEPTED: APRIL 10, 1990 OWNER: MARIN COUNTY ADDRESS: P. 0. BOX 4186, CIVIC CENTER, SAN RAFAEL CA 94913-4186 REFERENCE NAME: M. B. GLUSKA, RESIDENT ENGINEER PHONE NO.: 415-499-6528 TITLE OF PROJECT: ROCK HILL TRAFFIC SIGN9LS AND INTERSECTION IMPROVEMENTS PROJECT NO. 87-T-17 TYPE OF PROJECT: TRAFFIC SIGNAL AND STREET LIGHTING CONTRACT AMOUNT: $147,494.68 DATE ACCEPTED: MARCH 20, 1990 OWNER- TOWN OF TIBURON ADDRESS: 271 MILLER AVENUE, MILL VALLEY CA 94941 REFERENCE NAME: STAN M. BALA, TOWN ENGINEER PHONE NO.: 415-383-4533 TITLE OF PROJECT: INSTALLATION OF TRAFFIC SIGNAL DETECTOR LOOPS AT VARIOUS LOCATIONS TYPE OF PROJECT: TRAFFIC SIGNAL CONTRACT AMOUNT: 8129,889.70 DATE ACCEPTED: DECEMBER 11, 1989 OWNER: CITY OF SANTA ROSA ADDRESS: 69 STONY CIRCLE, SANTA ROSA CA 95401 REFERENCE NAME: DALENE J. WHITLOCK, ASSOCIATE TRAFFIC ENGINEER PHONE NO.: 707-576-5141 07/31/90 COMMUNITY ELECTRIC, INC. BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS 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(C.5%) of the total bid are listed below. Only those listed shall perform work on this project. 1. Name Addres 7 O Work to be Performed ��,o„_ Q'-� 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed 7. Name Address Work to be Performed _ Proposal Page 11 of 12 B. GENERAL PROVISIONS 1. ADOPTION OF STANDARD SPECIFICATIONS By this reference, the Standard Specifications of the State of California, Department of Transportation dated January, 1988 (herein referred to as "Standard Specifications") is incorporated and adopted as the Standard Specifications for PROJECT 91-101 and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. PROSECUTION AND PROGRESS OF THE WORK a. Noise Control Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: General Provisions page 1 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. b. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the number of working or calendar days as shown in the Special Provisions. c. Record Drawings The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet sad service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. d. Right of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make arrangements and pay all expenses for additional area required outside of the limits of right of way. e. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the General Provisions page 2 of 12 GENERAL PROVISIONS(Continued) PROJECT 41-101 e. Suspension of the Contract(Cont'd) necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract, The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion ha-C been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. f. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4b, above. It is agreed by the parties to the contract that in case all the work called for under the contract, in all parts and requirements, is not finished or completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. The Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. General Provisions page 3 of 12 GENERAL FROVISIONS(Continued) PROJECT 91-101 f. Time of Completion and Liquidated Damares(Cont'd) The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") . and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of :Liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. [See Section 8-1.07. 1 General Provisions page 4 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 5. CONTROL OF THE WORK a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of they State Standard Specifications, deviations from the approved plans or specifications for the project must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory method, as required by the Engineer. The Contractor shali treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. S. Inspection In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furn4_sh telephone service at all facilities servicing the project. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. 1 d. Monumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. & G. S. monuments in their proper places until their removal is authorized by the Engineer. Any monuments that have been removed without proper authority shall be veplaced at the Contractor's expense. General Provisions page 5 of 12 GENERAL. PR07ISIONS(Continued) PROJECT 91-101 e. Samples and Tests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitcad by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be w.�rired and tested whenever necessary to determine quality of materiax All tests of the materials furnished by the ail be made in accordance with commonly recognized standards of r. �r.:�' r_r�,nizations, and such special methods and tests as are prescribed i, tl ,- S,,ec2 :i" Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other ttilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense. g_ Water for Construction Water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the w,:rk have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. General Provision, page 6 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 b. Insurance _ Public Liability and Property Damage Prior to entering into the contract respecting this project, the bidder is whom the contract is awarded shall furnish to the City Council of the City of Cupertino satisfactory proof that the bidder has public liability and property damage insurance in effect for the entire period covered by the proposed contract. The insurance carrier and forms of insurance shall be satisfactory to the City. Said insurance shall name as additional insureds, the City, it's officers and it's employees and shall protect the City against loss or liability for damages resulting from (1) bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from the operations of the Contractor in the performance of the contract. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance shall be as indicated in (a) and (b) as follows: Each Person Each Occurrence Aggregate a) Bodily Injury Liability $500,000.00 $1,000,000.00 Property Damage Liability $250,000.M $500,000.00 b) A single limit for Bodily Injury Liability and Property Damage Liability Combined of. $500,000.00 $500,000.00 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it preclude the City from taking such other actions as are available under any other provision of the contract, or otherwise by law, except for retaining money due the Contractor. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned types for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof. [See State Standard Specifications Section 7-1.12. 1 c. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.01A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the recommended minority and female employment practices of the Office of Federal Contract Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions page 7 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 d. Prevailing Wages The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications. e. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in any manner for aray loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof from all suits, claims or actions of any name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. With respect to third party claims against the Contractor, the Contrn.:tor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees. It is the intent of the parties that .he Contractor will indemnify and hold harmless the City, its officers and employees from any and -all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1 The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General Provisions page 8 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 e. Responsibility for Damage(Cont'd) 2. No retention of additional amounts out of part_"al payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments"). 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the suety on the performance bond and by the surety or. the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6b, above ("Insurance - Public Liability and Property Damage"). (See State Standard Specifications Section 7-1.12. 1 7. PROPOSAL AND AWARD OF CONTRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be execu`ed in a sum equal to the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaining ten pereent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. (See State Standard Specifications Section 3-1.02. ] General Provisions page 9 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 c. Execution of Contract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract documents and provide the contract bonds and insurance certificates required therein within ten(10) days of notification of award of contract. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino. [See State Standard Specifications Section 3-1.03. ] d. Payment The City will make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(108) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. e. Proposal Forms The City will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors form and Signature Form. Bids containing less than this or bids containing incomplete forms will be disregarded. All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95015-3255 or by calling (408) 252-4505. General Provisions page 10 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 f. Proposal Guaranty All proposals or bids shall be accompanied by cash, cashier's check, certified check, bid bond made payable, in the amount of ten percent(10%) of the bid amount, to the City of Cupertino as guarantee that the bidder, if awarded the contract, will within ten(10) days after notice of award, enter into a contract with the City for the work. g_ Refection of Proposals Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids not called for, incomplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. (See State Standard Specifications Section 2-1.06. ) h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highway.,, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 11 of 12 GENERAL PROVISIONS(Continued) PROJECT 91-101 INDEX DESCRIPTION PAGE(S) ADOPTION OF STANDARD SPECIFICATIONS 1 AUTHORITY TO DEVIATE FRO:( THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 9 CONTRACT BONDS 9 CONTRACTOR'S PAYMENTS 6 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS 1 DUST CONTROL 5 EXECUTION OF CONTRACT 10 HEADINGS AND CITATIONS 1 INSPECTION 5 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 7 LABOR NONDISCRIMINATION 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 6-9 MONUMENTATION 5 NOISE CONTROL 1,2 PAYMENT 10 PREVAILING WAGES 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 9-11 PROPOSAL FORMS 10 PROPOSAL GUARANTY 11 PROSECUTION AND PROGRESS OF THE WORK 1-4 RECORD DRAWINGS 2 REJECTION OF PROPOSALS 11 RESPONSIBILITY FOR DAMAGE 8,9 RIGHT OF WAY 2 SAMPLES AND TESTS 6 SUBCONTRACTORS 11 SUSPENSION OF THE CONTRACT 2,3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3,4 UTILITIES 6 WATER FOR CONSTRUCTION 6 General Provisions page 12 of 12 C. SPECIAL PROVISIONS Location The work to be performed under this contract is within the City of Cupertino, County of Santa Clara, State of California on BUBB ROAD at RESULTS WAY. Scope of Work The work to be performed under this contract is to provide all labor, material, tools, and equipment necessary for the construction of PROJECT 91- 101 to completion. All work shall be performed in accordance with the plans, specifications, Special Provisions, the City of Cupertino Standard Details and the applicable sections of the Standard Specifications dated January 1988, and the Standard Plans dated January 1988, of the State of California. Order of Work The Contractor shall conform to the following order of work, which shall be reflected in the Contractors schedule of planned operations: a. Immediate procurement of all long lead items of material and equipment. b. Work shall not begin at the site of a traffic signal system until all equipment for that particular system has been delivered and the City has been notified that same is available for city inspection. C. All traffic loops and traffic signal conduit trenches shall be completed prior to installation of any permanent striping, legends, or arrows, but after the completion and approval of the cat tracking. Time of Completion and Liquidated Damages The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as set forth in the Time and Completion portion of the proposal. The Contractor shall pay to the City of Cupertino the sum of one hundred and fifty dollars .($150.00) per day, for each and every calendar day's delay beyond the dates established in the Contractors' proposal for each and every portion of the completion proce- s. The date for completion shall be determined by the Contractor and shall be specified in the proposal. The value of time as determined by the Engineer will be used in conjunction with the prices bid in determining the most economical proposal. Prebid Conference A prebid conference will be held on Tuesday one(l) week prior to NOVEMBER 13, 1990 at 9:00 am to answer any questions that prospective bidders may have and to provide an opportunity for the City to generate addendums to the project prior to bid openning. The meeting will be held in Conference Room "D" Special Provisions page 1 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 at Cupertino City Hall. Attendance by prospective bidders is not mandatory. Preconstruction Conference A preconstruction conference will be scheduled by the City within two (2) weeks from the date the contract is awarded. The meeting shall take place prior to the begining of any construction on the project. The meeting will be held in Conference Room "D" at Cupertino City Hall. inspection and Inspection Costs The work will be inspected by the City of Cupertino and its agent for the electrical portion. Inspection costs for any work done before 8:00 A.M. or after 5:00 P.M. on a regular work day, Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of thirty five dollars ($35.00) per hour. Traffic Control The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades, warning lights, and flaggers to give adequate warning to vehicular traffic at all times that construction is in progress. No lane closures shall be permitted on BUBB ROAD or on RESULTS WAY before 9:00 A.M. or after 3:00 P.M. , Monday through Friday except that under conditions of emergency the City may permit, in writing, lane closures before 9:00 A.M. or after 3:00 P.M. The contractor shall maintain a minimum of one(1) travel lanes in each direction for traffic on RESULTS WAY and one(1) travel lane in each direction for traffic on BUBB ROAD at all times. Record Drawings The contractor, upon completion of PROJECT 91-101, shall furnish and submit a set of accurate "Record Drawing" plans and five (5) "Electrical Schematics" of the traffic signal cabinet to the Department of Public Works before this project is considered complete. Warranty The supplier and/or Contractor shall warrant all equipment and installation work against failure for a period of one(1) year. Any equipment failure during this period will be corrected at the expense of the Contractor including materials, labor and all other expenses which are necessary to correct the failure. The expenses shall include all costs incurred by the City, including but not limited to wages, materials or City's Contractor expenses, etc. necessary to ascertain the nature of the defect and to take appropriate action pending the arrival of the supplier's representative. Any work at the intersection by the supplier or Contractor will require the presence of City representative whose time will be charged to the Contractor. The City undertakes to advise the Contractor or supplier immediately that a warranty failure is believed to have taken place. The City will carry out no Special Provisions page 2 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 more work than necessary to restore reasonable order at the intersection. In the event the Contractor has not taken over the matter within twelve(12) hours of notification the City reserves the right to carry out the correction necessary or hire whomever it deems suitable to do so. The cost of all such work shall be charged to the Contractor. In the event of the failure of any module or installation, the warranty on that unit or installation shall be extended for a period of three(3) months after the initial warranty period. If further failures occur, further three(3) month extensions will be provided until proper operation for a contiuous period of three(3) months has been achieved. Permits The City of Cupertino and the Contractor shall obtain encroachment permits from Southern Pacific Transportation Company for all work to be performed within the right of way of the railroad tracks. The Contractor shall make application to Southern Pacific Transportation Company, obtain all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. Estimated Quantities It is specifically pointed out that the n--amities listed in the proposal and specifications are estimates only and being given on a basis of comparison of bids. The City of Cupertino does not agree 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 the work that may be deemed necessary by the Engineer. THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DECREASED UP TO TWENTY FIVE PERCENT (25%) OF THE CONTRACT QUANTITIES WITH NO CHAN.,E IN UNIT PRICE BID. Item Description Est. Qty. Unit 1 . Install Construction Signing One(1) L.S. 2. Traffic Signal Installation One(1) L.S. 3. Install Type III-AF Service Equipment 2 Each Enclosure 4. Remove Existing Sidewalk & Handicap Ramp 515 S.F. 5. Remove A.C. Pavement 698 S.F. 6. Remove Curb & Gutter 157 L.F. 7. Excavation, Grading, & Subgrade Preparation One(1) L.S. 8. Install Curb Opening Drop Inlet ;hate Type 1 Each GOL 9. Install Type A2-6 Curb & Gutter 174 L.F. 10. Install 4 Inch P.C.C. Sidewalk 805 S.F. 11. Install Handicap Ramp 2 Each 12. Grind A.C. Pavement 140 L.F. 13. Install A.C. Deeplift & Overlay Pavement 12 Ton 14. Install Unmetered Service Equipment Enclosure 1 Each 15. Install 2 Inch Rigid Metal Conduit 190 L.F. 16. Install Number 5 Pull Box 1 Each 17. Install Number 6 Pull Box 1 Each 18. Remove Painted Traffic Striping 1,315 L.F. 19. Remove Pavement Markers 260 L.F. 20. Remove Barricade 1 Each Special Provisions page 3 of 17 SPECIAL PROVISIONS(Continued) PI:OJECT 91-101 21. Remove Pavement Arrows 8 Each 22. Remove Painted Pavement Legends 9 Each 23. Remove Sign Post 2 Each 24. Remove Traffic Signs 3 Each 25. Relocate Traffic Signs 1 Each 26. Install Traffic Signs 7 Each 27. Install Tarffic Striping State Detail 13 50 L.F. 28. Install Traffic Striping City Detail 23C 340 L.F. 29. Install Traffic Striping State Detail 38 420 L.F. 30. Install Traffic Striping State Detail 39 160 L.F. 31. Install Traffic Striping State Detail 39A 300 L.F. 32. Install Painted 12 Inch White Traffic Striping310 L.F. 33. Install Painted Tarffic Arrows 16 Each 34. Install Painted Traffic Legends 1 Each Explanation of Bid Items BID ITEM No. 1 - INSTALL CONSTRUCTION SIGNING This bid item shall include all costs for providing and installing construction signing as shown or described on the Contract Plans. The base material of construction area signs shall be metalic or a material approved by the City°s Traffic Engineer and the sign face material shall be reflective. BID ITEM No. 2 - TRAFFIC SIGNAL INSTALLATION This lump sum bid item shall include furnishing all labor, equipment, tool, materials, incidentals and fees and utility charges necessary for the installation of the traffic signal system at BUBB ROAD and RESULTS WAY, complete and in place and operating. All work shall comply with the applicable provisions of the State of California Standard Specifications dated January 1988 and the Standard Plans dated January 1988. Type 90 Controller Assembly The Contractor shall provide a new traffic signal controller and cabinet for the intersection of BUBB ROAD and RESULTS WAY in accordance with Section 86-3.06 and Section 86-3.07 of the Standard Specifications. The cabinet shall be type "P". The traffic signal controller shall be in accordance with Section 86-3 of the Standard Specifications, and NEMA Standard Publications No. TS 1-1983 and is designated as "Type 90 Function". The traffic signal controller shall be equipped with multiplex and modem features that permit 1200 BAUD, TDM-FSK, half-duplex operation over a single wire pair. Operation is compatible with the Multisonics System VXS-2^10 Master. Cabinet wiring shall be furnished at this time to permit system operation through the interconnect cable. A voice communication system shall be installed. A traffic signal conflict monitor and wiring harness shall be provided and installed. The conflict monitor shall conform to Section 6 of NEMA Standard Publication TS-1-1983 and shall detect, among other things, the Special Provisions page 4 of 17 TRAFFIC SIGNAL INSTALLATION 5 of 5 BUBB RD. & RESULTS WAY PROJ, 91-101 SPECIAL PROVISIONS(Continued) PROJECT 91-101 absence of airy rsquired RED signal voltage at the field connection terminals in the controller assembly. The Contractor shall arrange to have a signal technician qualified to work on the controller and employed by the controller manufacturer or its representative present at the time the equipment is turned on. Traffic Signal Cabinet Testing Testing shall conform to the provisions in section 86-2.14 ,"Testir,!" , of the Standard Specifications. The Contractor shall deliver the cabinet and/or controller to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, California, for testing. The functional testing L:hall be initiated only after all the equipment has been delivered to Signal Maintenance, Inc. The functional testing shall be conducted to conform to simulated field conditions, at the City's expense. The Contractor, when notified by the Engineer, shall provide for pick-up and delivery of the cabinet and/or controller to the site of the work at the Contractor's expense. Equipment List and Drawings Equipment list and dzawings of electrical equipment and material shall conform to Section 86-1.03, "Equipment List and Drawings," of the Standard Specifications, and applicable Standard Plans. The Contractor shall provide five(5) sets of the controller cabinet schematic wiring diagram and intersection sketch which shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. The intersection sketch shall show the detectors identification as shown on the plans. Field wire connection terminals shall include all detectors, pedestrian push buttons, Walk-Don' t Walk signals, vehicular signal heads, and terminals provided for future installation. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controller is delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: a) Specifications b) Design Characteristics c) General Operation Theory d) Function of all controls a) Trouble shooting procedure (diagnostic routine) f) Block circuit diagram g) Geographical layout of components h) Schematic diagrams i) List of replaceable component parts with stock number Special Provisions page 5 of 17 Mwon SPECIAL PROVISIONS(Continued) PROJECT 91-101 Signal Faces and Sig!ml Heads Signal faces, signal heads, and auxiliary equipment, as shown on the plans, and installation thereof, shall conform to Section 86-4 "Traffic Signals and Fittings," of the Standard Specifications. Only metal signal sections with glass lenses shall be permitted to be used on PROJECT 91-101. All lamps for the traffic signal units shall be furnished by the contractor. Pedestrian Signals Pedestrian signals shall conform ::o the provisions of Section 86-4.05 of the Standard Specifications, and the Standard Plans. The message displayed shall, be an upraised hand and a walking person. The symbol dimensions shall be twelve(12) inches in height and seven(7) inches in width, M.U.T.C.D. (1978), Section 4D-4. Conversion of existing displays shall be accomplished by using thirty(30) watt solid state neon blankout modular conversion kits, I.C.C. model E8, M8 or approved equal. Each display will be a separate section or compartment in the section with no light leakage between displays. Photoelectric Control Photoelectric unit shall conform to the provisions in Section 86-6.07, "Photoelectric Controls, " of the Standard Specifications. Foundations Foundations shall conform to Section 86-2.03, "Foundation," of the Standard Specification. Portland Cement Concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than four hundred seventy (470) pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than five hundred sixty four(564) pounds of cement per cubic yard. The Contractor shall notify Signal Maintenance Inc. for inspection of foundation excavations, (408) 988-5541, forty-eight(48) hours prior to pouring any cabinet or signal foundations relating to this project. Failure to do so may result in rejection and removal of the foundations not inspected. Standards, Steel Pedestals and Posts Standards, Steel Pedestals and Posts shall conform to the provisions of Section 86-2.04, "Standards, Steel Pedestals and Posts," of the Standard Specifications, the Standard Plans and these Special Provisions. The Contractor shall furnish all such equipment unless specifically indicated otherwise herein or on the plans. Pull Boxes Pull boxes shall conform to Section 86-2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. Special Provisions page 6 of 17 SPECIAL PROVI.`IONS(Continued) PROJECT 91-101 Bonding and Grounding Bonding and grounding shall conform to Section 86-2.10, "Bonding and Grounding," of the Standard Specifications. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall run to the conduit, ground rod or bonding wire in the adjacent pull box. ' Equipment grounding, conductors will not be required in conduits containing loop lead-in cables only. The grounding jumper wire shall be air visible after the concrete cap has been poured for the controller cabinet foundation. Anchor bolts fc>r Type 1-B standards shall be bonded together and to the metallic conduit or to the bonding conductor in a non-metallic conduit. The 3/16 inch or larger bolt will not be required 'or Type 1-B standards. In lieu of bonding all anchor bolts to the conduit, the controller cabinet grounding bus shall be bonded to the conduit or equipment grounding conductor by using a bare No. 8 copper wire. Conductors and wiring Conductors shall conform to the provisions in Sections 86-2.08, "Conductors," 86-2.08A "Conductors Identification," and 86-2.08B "Multiple Circuit Conductors," of the Standard Specifications. All splices in conductors shall be insulated by "Method B". Section 86-2.09A, "Circuitry", of the Standard Specifications is amended to include; All control circuit conductors shall be run continuously without splices from a terminal block located in a cabinet, compartment, or signal head, to a similarly located terminal block. Luminaires Luminaires shall conform to the provisions of Section 86-6.01 of the Standard Specifications and to the Standard Plans. They shall be High Pressure Sodium(HPS) units, medium cutoff type with Type iII I.E.S. distribution patterns. The specific wattages shall be as shown on the plans. Lighting Contactors Lighting contactors shall be mercury displacement type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Flasher Flasher shall conform to Section 86-3.08L, "Flasher," of the Standard Specifications and the Standard Plans. Special Provisions page 7 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Painting The painting of traffic signals, hardware, electrical equipment and materials shall conform to the provisions of Section 86-2.16, "Painting" , of the Standard Spc-^ificattions. All existing traffic signal equipment and hardware to tie reLsed shall be painted to match the new signals and hardware provided. Vehicle Detectors Detectors shall conform to the provisions in Section, 86-5.01, "Detectors," of the Standard Specifications, and to the Standard Plans. Installation shall conform to the requirements of Section 86-5.OIA(5) , "Installation Details," of the Standard Specifications. Where Type A detector loops are indicated on the plans, a six(6) foot diameter circular loop may be installed in lieu of the shape shown on the plans. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop detector shall be one and one-half(1 1/2) inches. Where detectors are to be installed in an area that is to be resurFaced with asphalt concrete(AC) or pavement slurry seal, the detector conductors shall be placed in slots cut in the existing pavement and sealed in conformance to the Standard Specifications prior to resurfacing. The type of sealant shall be not-Melt Rubberized Asphalt Sealant.. The Hot-melt rubberized asphalt shall be solid form at room temperature and fluid at an application temperature between 375 and 400 degrees F. Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as follows: Cone Penetration, 77 degrees F. , 150g, 35 max. 5 sec. , 1/10 mm, (ASTM D3407) Flow, 140 degrees F. mm 3.0 mm max. (ASTM D3407) Resilience, 77 degrees F. percent 30% min. (ASTM D3407) Softening Point 200 degree F. min. (ASTM D36) Ductility, 77 degrees F. 50 cm min. (ASTM D113) Mandrel Bend, 0 degree F. ,180 degree Pass 5 sec. , 1/2" dia. (Crafco Procedure) Recommended Pour Temperature 380 degree F. or As Specified Special Provisions page 8 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 Safe Heating Temperature 410 degree r. or As Specified Asphalt Compatibility(ASTM D3407) Compatible Brookfield Viscosity, 380 degree F. 30 Poise (ASTM D3236) Unit Weight at 60 degree F. 10.6 lbs/gallon Coverage, 1/2" x 1/2" crack 13.8 lbs. per 100 ft. The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 410 degrees F. Application of the hot-melt sealant shall be made with a pressure feed applicator. Sealant shall be applied when the pavement surface temperature is grea. ir than 40 degrees F. Hot-melt sealant shall be packaged in contaiaers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Microloop Vehicle Detectors Microloops shall consist of a cylindrical passive transducter of Earth's vertical magnetic field. It transforms changes in magnetic field intensity into inductance changes which can be sensed by loop detector sensors. Microlcop probes shall be located vertically in one (1) inch holes sixteen(16) to twenty-four(24) inches below the roadway surface. Each probe must have its own lead in cable into the first pull box. The lead-in cable shall fit within a one-quarter (1/4) inch slot. The microloop shall operate Within a range of 0.2 to 1.0 oersted of Earth's vertical magnetic field. Inductance per probe shall be 20 to 25 microhenries plus 20 micrchenii.es per hundred (100) feet of lead-irk cable. Probe sets shall be available in single or multiple configurations witn specified probe separation and up to two hundred (200) feet of probe lead-in 1 cable. The detector loop lead-in cable shall be spliced onto the loop conductors using a rigid body re-enterable enclosure filled with moist_u e proof encapsulant, 3M model 3800 splice kit or approved equal. Conduit and Installation Conduits shall conform to the provisions in Section 8E-2.05, "Conduits," of the Standard Specifications, as well as the Standard Plans. Non-metallic type conduit shall not be used. "Installation of conduit shall conform to section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. At locations where conduit is to be installed by jacking or drilling as provided in Section 86-2.05C, "Installation," of the Standard Specifications Special Provisions page 9 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 and if delay to any vehicle exceeds five(5) minutes, the conduit may be installed as follows: Conduit shall be placed under existing pavement in a trench approximately two(2) inches wider than this outside diameter of the conduit to be installed. Trench width shall not exceed six(6) inches. Conduit depth shall be a minimum of nine(9) inches below finish grade and shall not exceed twelve(12) inches or conduit diameter plus ten(10) inches, whichever is greater. At pull boxes the installed conduit shall be a minimum of nine(9) inches below finish grade. The outline of all areas of pavement to be removed shall be cut to a minimum depth of three(3) inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the the trench and the trench shall be backfilled witn commercial quality concrete, containing not less than five hundred sixty four(566) pounds of cement per cubic yard, to not less than 0.20 foot below the pavement surface for asphalt surface roadways and 0.50 foot below the pavement surface Portland Cement Concrete su-,:faced road-ays. The top 0.20 foot of asphalt surfaced roadways shall be backfilled with the asphalt concrete produced from commercial quality paving asphalt and aggregates, and the top 0.50 foot of Portland Cement. Calcium chloride_ shall not be used in concrete which will be in contact with metal conduit. Spreading and compacting of asphalt concreta shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density. BID ITEM No. 3 - TYPE III-AF SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III-AF service equipment enclosure in conformance with Section 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. 6 E. , and shall conform to Section 86-1.02, "Regulations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be provided for each control component. The nameplates shall be phenolic, black background with white lettering except the main breaker, which will be red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect for the traffic signal and safety lighting circuits. Separate disconnects shall be provided for any other separate circuit, such as street lighting, irrigation systems, or holiday decorative lighting when shown on the plans. Lighting contactors shall be mercury displacement type conforming to the functional and operational requirements of Section 86-6.07B(2) of the Standard Specifications. Portland cement for the foundation shall conform to Section 90-10, "Minor Concrete" of the Standard Specifications. Special Provisions page 10 of 17 s arms OMMMI SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 4 - REMOVE EXISTING SIDEWALK AND HANDICAP RAMP This item shall include all costs per square foot of demolition, removal and disposal of existing concrete sidewalks and handicap ramps including saw cutting. BID ITEM No. 5 - REMOVE A.C. PAVEMENT This item shall include all costs per square foot for demolition, removal, and disposal of existing A.C. pavement including saw cutting to the limits shown on the plans. An extra one(1) foot strip is being removed to allow for forming of the new curb and gutter. BID ITEM No. 6 - CURB AND GUTTER REMOVAL This item shall include all costs per lineal foot for demolition, removal, and disposal of existing curb and gutter including saw cutting. BID ITEM No. 7 - EXCAVATION, GRADING AND SUBGRADE PREPARATION This bid item shall include all costs required or necessary to complete the following work: A. The excavation or filling of the area of work to the limits, and subgrades specified on the plans. This item shall include excavation and removal from the site of any A.C. paving, P.C.C. concrete, base rock and soil for which there is not a specific bid item. B. Final grading and compaction of the subgrade in accordance with section 19-5.03 of the Standard Specifications excepting the second paragraph therefrom. C. The limits of work are all areas to receive improvements including but not limited to grading and paving. D. All transportation and disposal of unsuitable materials, including dumping fees, as directed by the Engineer. E. The Contractor shall exercise all due care during the excavations and grading work to insure no damage to private property occurs. If damage should occur, repair shall be at the Contractor's expense. F. The Contractor shall have an adequate non-potable water truck on site during all operations. The Contractor shall employ this truck, and others, if required, to control the creation of :i.ust and the problems associated with dust. At the direction of the City Engi,?.eer, the Contractor shall water, with the appropriate equipment, areas of possible dust creation, and all costs for this wo•;k shall be included herein. Section 19 of the Standard Specifications, as modified herein, shall apply. All water used for dust control shall be non- potable. G. Surplus excasated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in section 7-1.13, of the Standard Spesifications. Special Provisions page 11 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 8 _ INSTALL STANDARD CURB DROP INLET STATE TYPE GOL This bid item shall include all costs per each for providing, installing, and finishing a curb drop inlet in accordance with the City of Cupertino Standard Details, and conform to Section 51 and 90 of the Standard Specifications. The drop inlet shall be State typ GOL. This item shall include the connection of the two(2) 12 inch RCP lines and the one(1) 10 inch PVC lines into the existing drop inlet. BID ITEM No. 9 _ INSTALL TYPE A2-6 CURB AND GUTTER This bid item shall include all costs per lineal foot for providing, placing, and finishing type A2-6 concrete curb and gutter in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications, including four(4) inch CL, II, three fourths (3/4) inch maximum aggregate base cushion. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 10 _ INSTALL 4 INCH P.C.C. SIDEWALK This bid item shall include all costs per square foot for providing, placing, and finishing concrete sidewalk including four(4) inch Class II, three fourths(3/4) inch maximum aggregate base cushion and conforming to Sections 73-1.04 and 73-1.07 of the Standard Specifications. Class B Portland concrete shall be used and shall conform to Section 90 of the Standard Specifications. BID ITEM No. 11 _ INSTALL 4ANDICAP RAMPS This bid item shall include all costs per each for providing, piacing, and finishing handicap ramps Type B in accordance with the City of Cupertino Standard Details and conforming to Sections 73-1.04 and 73-1.05 of the Standard Specifications. Class B concrete shall be used and shall conform to Section 90 of the Standard Specifications. The bid per each shall include but not necessarily be limited to the following: 1. Install all required aggregate base material to a minimum thickness of four(4) inches under the ramps, curbs and gutters, in conformance with Section 26 of the Standard Specifications, as applicable. 2.. Install all wood forms required for curbs, gutters or handicap ramps. 3. Install Portland Cement Concrete to a minimum thickness nf four(4) inches in sidewalk areas and six(6) inches in gutter areas, in ccnformance with Section 90 of the Standard Specifications, as applicable. BID ITEM No. 1.2 - GRIND A.C. PAVEMENT This bid item shall include all costs per lineal foot for removing A.C. pavement, approximately six feet (6' ) wide and to depths specified on the contract plans. All work shall be done in accordance with section 42 of the Standard Specifications. Special Provisions page 12 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 13 _ INSTALL A.C. DEEPLIFT AND OVERLAY PAVEMENT This bid item shall include all costs per ton for providing, placing, and compacting asphalt concrete(A.C. ) on compacted subgrade, of the thickness and at the locations shown on the plans and placing A.C. overlay to the limits shown on the plans. Paint binder and seal coats shall be included in the amount herein. The following specifications shall apply: A. The A.C. on all public streets shall be Type B (1/2 inch maximum) medium graded asphalt concrete as specified in Section 39.2 of the Standard Specifications. B. Payment for adjustment of utility structures including but not limited to: traffic signal and lighting pull boxes, monument boxes, catch basin rims, gas valve boxes, storm and sanitary manholes to new pavement grade will deemed included in this bid item. C. Sections 26, 39, 92, and 93 of the Standard Specifications shall apply to the work outlined herein. BID ITEM No. 14 - INSTALL UNMETERED SERVICE EQUIPMENT ENCLOSURE This bid item shall include all costs for providing, installing, and connecting the Type III (disconnect) unmetered service equipment enclosure in conformance with Section 86-2.11 of the Standard Specifications and the Standard Plans. The enclosure shall meet the requirements of the P.G. & E. , and shall conform to Sectiun 86-1.02, "Regulations and Code" of the Standard Specifications. The enclosure shall be factory pre-wired and tested to meet NEMA 3R standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Nameplates shall be provided for each control component. The nameplates shall be phenolic, red with white lettering. All nameplates shall be fastened in the enclosure by screws. This enclosure shall have a separate disconnect for BUBB RD. at RESULTS WAY and f:3r BUBB ROAD at MCCLELLAN ROAD traffic signals and safety lighting circuits. Portland cement for the foundation shall conform to Section 90-10, "Minor rcncrete" of the Standard Specifications. BID ITEM No. 15 - INSTALL 2 INCH RIGID METAL CONDUIT This bid item shall includu all costs per lineal foot for providing and installing 2 inch rigid metal conduit. Conduits shall conform to the provisions in Section 86-2.05, "Conduits," of the Standard Specifications, as well as the Standard Plans. Non-metalic type conduit shall not be used. Installation of conduit shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. Special Previsions page 13 of 17 SPECIAL, PROVISIONS(Continued) PROJECT 91-101 BID ITEM No. 16 - NUMBER 5 PULL BOX This bid item shall include all costs per each for providing and installing standard No. 5 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 17 - NUMBER 6 PULL BOX This bid item shall include all costs per each for providing and installing standard No. 6 pull boxes. Pull boxes shall conform to Section 86- 2.06, "Pull Boxes," of the Standard Specifications and the Standard Plans. BID ITEM No. 18 - REMOVE PAINTED TRAFFIC STRIPING This bid item shall include all costs for the removal of the existing and/or conflicting painted striping shown on contract plans. The striping shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be - .moved immediately after contact between sand and the surface being treated. ouch removal shall be by a vacuum attached to and operating concurrently with the blast cleaning operations. State Detail 8 - 260 ft. State Detail 10 - 190 " State Detail 21 - 40 State Oe�_ail 38 - 355 State Retail 39 - 130 State Detail 39A- 280 " 12 " White - 60 " BID ITEM No. 19 - REMOVE PAVEMENT MARKERS This bid item shall include all costs for the removal of the existing and/or conflicting raised pavement markers shown on contract plans. Existing pavement markers, when no longer required for traffic lane delineation, shall be removed and disposed of as directed by the Engineer. Type 'A' - 50 ft. State Detail 23 - 210 €t, BID ITEM No. 20 - REMOVE BARRICADE This bid item shall include ail costs for removing a barricade as shown on the Contract Plans. BID ITEM No. 21 - REMOVE PAINTED PAVEMENT ARROW This bid item shall include all costs for the removal of the existing and/or conflicting painted arrows, as shown on contract plans. The arrows shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be tv a vacuum attaches; to and operating concurrently with the blast cleanTag Special Provisions page 14 of 17 SPECIAL PROVISIONS(Continued) PROJECT 91-101 opertions. BID ITEM No. 22 - REMOVE PAINTED PAVEMENT LEGENDS This bid item shall include all costs for the removal of the existing and/or conflicting painted legends, as shown on contract plans. The legends shall be removed by sandblasting or other method approved by the Engineer. The residue, including dust, shall be removed immediately after contact between sand and the surface being treated. Such removal shall be by a vacuum attached to and operating concurrently with the blast cleaning opertions. BID ITF14 No. 23 - REMOVE SIGN POST This item shall include all material, equipment-, and labor to remove all posts as shown on the plans. BID ITEM No. 24 - REMOVE TRAFFIC SIGNS This item shall include all material, equipment, and labor to remove all traffic signing, mounting hardware, and posts as shown on the plans. BID ITEM No. 25 - RELOCATE TRAFFIC SIGNS This item shall include all material, equipment, and labor to relocate all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. The relocation of the street and traffic signs shall include all work and materials, including posts and mounting hardware necessary for relocation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. BID ITEM No. 26 - INSTALL TRAFFIC SIGNS This item shall include all material, equipment, and labor to ;provide and install all traffic signing as shown on the plans and in accordance with the State of California Traffic Manual. The signs shall conform to the State of California, Department of Transportation, approved sign specifications sheets in effect and approved January 1988 and its respective revisions to date. The installation of the street and traffic signs shall include all work and materials, including posts and mounting hF-rdware necessary for installation, complete, and in place. In the event that the size of the sign is not given, the Contractor shall supply the "standard " size. "Minimum" sizes are not acceptable. Special Provisions page 15 of 17 SPECIAL PROVISIONS(Conti.nued) PROJECT 91-101 BID ITEM No. 27 through 32 _ INSTALL TRAFFIC STRIPING This bid item shall include all costs for materials, equipment and labor to install all striping, cat tracking or dribble, as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Control of alignment and layout of traffic stripes shall conform to the provisions in section 84-1.02, "Traffic Stripes and Pavement Markings", of the Standard Specifications. Contractor shall be responsible for accurately locating the position of all traffic lanes, arrows, and other markings in accordance with the plans by cat tracking or dribble lines not later than two (2) hours after removal of existing striping. Prior to painting, the Contractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the lane stripes and pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. BID ITEM No. 33 _ INSTALL PAINTED TRAFFIC ARROWS This bid item shall include all costs for materials, equipment and labor to install all pavement arrows as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all arrows and other markings in accordance with the plans. Any arrows installed prior to the installation of inductive loop detectors will be re ected by the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. The Contractor shall provide suitable barriers, warning sY, ;Tis or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. RID ITEM No. 34 - INSTALL PAINTED TRAFFIC LEGENDS This bid item shall include all costs for materials, equipment and labor to install all legends as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all legends, arrows, and other markings in accordance with the plans. Any legends installed p.~ior to the installation of inductive loop Special Provisions page 16 of 17 CONTRACT FOR PUBLIC WORKS This CONTRACT made on _ _ , 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and [contractor's name] , 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: 3. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. 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 TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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, TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, 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, out 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 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrP:.s to accept, in full payment for the work above agreed to be done, the sum of [contract amount] , subject to additions and/or deductions as provided in thr 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 of 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, of in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all exper:se 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 '_n 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 on 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 th,t case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standrad Specifications, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the partiea are unable to agree. 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 ENVIRONMEMTAL 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, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in acc-)rdance with the agreement of the partie, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 tha 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 sub-contractor 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 1,ave 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 cake 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 --ay take over the work and prosecute the same to completion by contra;-c, or by any other method it may deem ad isable, 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 CON'TRACTOR as may be on the site of the work and necessary therefor. ',ontract Page 3 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMnUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final cenpletion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to *gay just claims against CONTRACTOR or sub-contractors 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 Trade 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 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 tht 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 [contractor's name] , [contractor's address] 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 asrsigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIAN{:E 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 CONTRACTROR PUBLIC WORKS(Continued) PROJECT 91-101 17. WORKER'S CO14PENSATI0N 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 sub-contractors 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 by 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 seperate 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 occurances or conditions and effects: earthquakes and tidal waves, when such occurances 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 occured 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 sub-contractor 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 COMPACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 21. ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO [contractor-'s name] (contractcr's address) By: By. Mayor Attest: Notary acknowledgement is required. City Clerk If a corporation, corporate seal and corporate notary acknowledgement are required. Date: '1990 City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney Contract Amount: [contract amount] Account Number: Purchase Order Number: Contract Page 6 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, (contractor's name) as Principal, and _ (bonding company's name) as Surety, are held and firmly bound unto the City of Cupertino, State of California, in the sum of [contract amount] lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the principal has entered into a contract with the City dated to-wit: ,1990 with the Obligee to do and perform the following work TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY PROJECT 91-101 NOW, TV ERFORE, if the said principal shall well and truly perform the work contracted to be performed tinder said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 1990. (To be signed by Principal and Surety. Notary acknowledgments required) [contractor's name] Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,1990. Faithful Performance Bond Page 1 of 1 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT 91-101 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and (contractor's name] hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of TRAFFIC SIGNAL INSTALLATION BUBB ROAD at RESULTS WAY, PROJECT 91-101, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contact, providing that if said Principal, or any of his or its e subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, (contractor's name) as Principal, and as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, Jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of (contract amount] . THE CONDITION OF THIS 0°LIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all pers�aus, companies, ans corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 Labor and Material(continued) PROJECT 91-101 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this _ day of , 19 (To be signed by Principal and Surety. Notary acknowledgments required) [contractor's name] Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,1990. Labor and Material Page 2 of 2 SPECIAL PROVISIONS(Continued) PROJECT 91-101 detectors will be re ected hy the Engineer. The rejected work will be completely removed and reinstalled at the expense of the Contractor. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and alignment of the pavement markings. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. No separate payment will be made for traffic control for applying traffic stripes. Full compensation for traffic control shall be considered as included in the contract prices bid for traffic control. REVIEW AND APPROVAL SIGNATMES Reviewed by: Re ew y ff c�eW en Glenn M. Grigg Assistant City Engineer Traffic Engineer Approved by: r F44. Ber Viskov ch Director of Public Works Date: Special Provisions page 17 of 17 f BID DOCUMENTS(continued) PROJECT 91-101 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions 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 or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, met''ods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL INSTALLATION on BUBB ROAD at RESULTS WAY, PROJECT 91-101 as described in the contract documents. The Unit Price bid shall be the contractor's e--tual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. Proposal Page 1 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 TIRE FOR COMPLETION 1. The street improvements shall be completed on or before MARCH 1 , 19-�L. 2. The traffic signal controller, cabinet, and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA for testing on or before. ab to,T 19a. 3. Traffic signal poles and hardware will be delivered to the job site for iiastallation on or before FEB 191 , 19 ,91 . 4. The traffic signal syst4m will be complete and operating on or be'iore EM 28_ , 1991 . The actual dates for completion shall be the dates set forth above plus the number of calendar days between NOVEMBER 13, 1990 and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as determined above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day of delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES BID EST. UNIT ITEM QTY. UNIT ITEM & WRITTEN UNIT PRICE PRICE TOTAL 1. ONE(1) L.S. Install Construction Signing: 12L,g kl'.�ng'&CL —" Agk�C-� $ Dollars Lump Sum 2. ONE(1) L.S. Traffic Signal Installation: so Dollars Lump Sum Proposal Page 2 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 3. 2 Each Install Type III-AF Service Equipment Enclosure: $ L /Ea $ L-A000 Dollars per Each 4. 515 S.F. Remove Existing Sidewalk and Handicap Ramp: THRE E $ 3 . /SF $ 154�_ Dollars per Square Foot 5. 698 S.F. Remove A.C.Pavement: �4o $ !• oo /SF $ q Dollars per Square Foot 6. 157 L.F. Remove Curb and Cutter: $� /LF $ Dollars per Lineal Foot 7. ONE(1) L.S. Excavation, Grading & Subgrade Preparation: .- - $a coo Dollars Lump Sum 8. 1 Each Install Curb Opening Drop Inlet State Type GOL: $ \-I-Co /Ea $ Dollars per Each Proposal Page 3 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 9. 174 L.F. Install 'Type A2-6 Curb and Cutter: /LF $�?(off.0 Dollars per Lineal Foot 10. 805 S.F. Install 4 Inch P.C.C. Sidewalk: $ lJ f SF � 0 BeHers Square Foot 11. 2 Each Install Handicap Ramp: $L-!00. ( Ea $`2)®O. 0 0 Dollars per Each 12. 140 L.F. Grind A.C. Pavement: $ \5,.00) ELF $ Dollars per Lineal Foot 13. 12 Ton Install A.C. Deeplift and Overlay Pavement: �^ $ 10()_/bn $ !V0. 00 Dollars per Ton 14. 1 Each Install Unmetered Service Equipment Enclosure: V.) e $`.ems._/Ea $ 50 _.. Dollars per Each Proposal Page 4 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 15. 190 L.F. Install 2 Itich Rigid Hetal Conduit: s iQ•C�t�n.F s OL00, 0 Dollars per Lineal Foot 16. 1 Each Install Number 5 Pull Bost: $ Ea 0SO• 0 V Dollars per Each 17. 1 Each Install Number 6 Pull Box: s. '2C(D, 00 Dollars per Each 18. 1,315 L.F. Remove Painted Traffic Striping: clv- s LF $ \3�.Jo QQ Dollars per Lineal Foot 19. 260 L.F. Remove Pavement Markers: s .0 /LF $ 260 on Dollars per Lineal Foot 20. 1 Each Remove Barricade: ---------------------- s11� .Q17/Ea Dollars per Each Proposal Page 5 of 12 DID S(Contiuixed) PROJECT 91-101 21. S Eeah Remove Painted Pavement Arrow: ---- $ 3C�.®tea $ 2�O. Dollars per Each 22. 9 Each Remove Painted Pavement Legends: $ Ea $ �l 0.0 Dollars per Each 23. 2 Each Remove Sign Post: $ 0 0 Ea Dollars per Each 24. 3 Each Remove Traffic Signs: \\C.,j S $ �_/Ea $ VB 0^O Dollars per Each 25. 1 Each Relocate Traffic Signs: Dollars per Each 26. 7 Each Install Traffic Signs: Dollars per Each Proposal Page 6 of 12 BID DOCUMENTS(Continued) PROJECT 91-1O1 27. 50 L.F. Install Traffic Striping State Detail 13: -Batt8rs per Lineal Foot /LF $71-1.5 O 28. 340 L.F. Install Traffic Striping City Detail 23C: $ . ` LF $ �" 0 Dollars per Lineal Foot 29. 420 L.F. Install Traffic Striping State Detail 38: $ , �DD /LF $25 L.. V LJ 0914,arss-per Lineal Foot 30. 150 L.F. Install Traffic Striping State Detail 39: _/LF $ Dollars per Lineal Foot 31. 300 L.F. Install Traffic Striping State Detail 39AC: $ ,�O 0 /LF $ \�O. 0 0 Dollars per Lineal Foot 32. 310 L.F. Install Painted 12 Inch White Traffic Striping: �-1vv2S� s 3.0(D ELF $ q�c�. Dollars per Lineal Foot Proposal Page 7 of 12 BID DOCUMENTS(Continued) I PROJECT 91-101 33. 16 Each Install Painte-i Traffic Arrows: $ 1-4 /Ea $ ld4 b - 0 0 Dollars per Each 34. 1 Each Install Painted Traffic Legends: $ t--1 C7. Ea $ L-4 0, D D Dollars per Each TOTAL: $ 915787. 50 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. I, the undersigned, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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 of this contract. Attached hereto is the required cash, cashier's check, certified check, C�3Tc �o3 ,_ or surety, p$yable to the City of Cupertino, in the amount of $___ f®o/'o which amount represents ten percent(10%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am PKEsl DENT of 5io1vAL ELEaRx Cogawaoo -Thx-_. (business title) (business name) the party making the foregoing bid, that the bid is not made in the interes` of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not Proposal Page 8 of 12 BID DOCUMENTS(Continued) PROTECT 91-101 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. Proposal Page 9 0£ 12 BID DOCUKFXTS(Continued) PROJECT 91-101 BIDDER QUALIFICATION FORI4 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 j iMpNTH5 Our experience in work comparable with that required by the proposed contract is Il MQ LATHS gees operating under our current business name. Our experience in work comparable with that required by the proposed contract is 2(p years operating under the following different business name(s) . C V =r,�r �PaE V I ,US �-- My California Contractor's License Number is 59 L5�✓ The classification of this License is / The expiration date for this License is 6) - 30 - 9 Z 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. The following is a an example of work similar in character to that required in the F oposed contract which our organization or personnel in our organization has - ipleted within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount 90 T 5 5ANTA TER,ESA (2 DUN N AVE (-C 14 0 f S POSE) 75,0 9 T a PAS ED PADRE PWa CHAUCER �0 Y OF FREE) W,000, 90 Uu OTOO LE -1ZC0unttV 5 . C t _ 00' 9 _ 5. L. C H R6ff-h5F N O RIVE -1M T 5--WT'V 0—� 90 5. L. CAtA ESA o S �o�Q00, 90 J.15, o _Lqojx _ Proposal Page 10 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 SUBCONTACTORS FORM The subcontractor(s) , as defined in the General ?rovisions and in Section 7026 of the California Business and Professions Cora; , 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 shall perform work on this project. 1. Name RTL r Y 5 STRTP_LN Address —— MAS i f&'E_? _ CAA LI F Work to be Performed 2) Z I$ TH RU 2. Name RAnu Address VLcU! Work to be Performed 4 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Per�ormed 6. Name Address Work to be Performed 7. Name Address Work to be Performed Proposal Page 11 of 12 BID DOCUMENTS(Continued) PROJECT 91-101 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 BUSINESS NAME OF BUSINESS PORATION �,aaet lnaE 516 At ELECTRIC (pc- )TRUCOON . INC_ . CO-PARTNERSHIP: F-RANY, A. 6ARCIA - PREaTOENT INDIVIDUAL FRANr, Al 6ARCiA 5FC/TRF_5- _ JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: FRAu& A 6ARC.I A , PIZES. (Print or Type Name) (S nature) Date: M VEM&ER /3 /996 Address(mailing & location) P. IQ. BOX &//525 _ _SAA1 Jo5E t'A 50 FoSs A -NuE 5064 J05E —CA qa//lo Telephone :lumber : ( 4,08 ) 929 - 4900 Acknowledgement of all addenda received is required by circling each addendum number. of 3 4 5 6 7 8 9 10 Proposal Page 12 of 12 NO pF_E R IN ACCODANCU Return to: -WITH 60V CODE 6101LP_�� L 8.I 2PAGE 1792 CITY -,,:ems %CUIPERTIMIO 1077*4 7 2D City of Q4)ertim 47 REQLTF_S1' OF 4 i ll MCM OF CCMP=CN AM NMCE OF ACCM7DWM OF C(X-1P=0N 77 BM R= ANC' RMIM WAY Pra= 91-101 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 awarded on November 19, 1990 and entered into by and between the CM OF and SM JOSE SIMML ELUMIC ODNSTRUMov, INC. on January 16, 1991 in accordance with the plans and specitications for said I were completed to my satisfaction on September 3, 1991 and acceptance of completion was ordered by the City Council of said City. That said work and ingroverents consisted of furnishing all labor, materials, tools and equipment required to omplete said project, all as more particularly described in the plans and specifications for said project. f-Public Works and Ciy Erxj City of Cupertino Date: Sept. 4, 1991 1 IS CEfirl-IFY THE WITHIN I 11!rTPLJ MENT 12 A TRUE AND ItJ3 R R ECT G C3 PY OF THE OR1131 ON FILE IN THIS OFFICE. ATTES 14 -it fe _ [',ITY CLERK V THr Tt - ciTy 13F OUPEPTINL 'Y FITY�F�Llv Cited of Cuperti"o 10300 Torre Avenue P.O.Box 580 Cupertino.CA 95014-325S Cupertino,CA 95015-0550 Telephone:1408)-152-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK January 29, 1991 San Jose Signal Electric Construction, Inc. P. O. Bose 61.1525 Sa,1 ,rose, CA 95161-1525 TRAFFIC SIMAL - BUM AT RESUIM MY - PRU7ECT 91-101 We ar6 enclosing to you for your files one (1) copy of the Contract for Public Works, between the City of Cupertino and San Jose Signal Electric Construction, Inc., which has been fully executed by City Officials. We have also enclosed your bid bond. Sincerely, r- DOMM CITY CLERK CITY OF LINO DC/so encl. cc: Department of Public Works INDEMNITY COMPANY of CALIFORNIA BiD BOND BOND NO. 61150-01-15 KNOW ALL MEN BY THESE PRESENTS, That we, SAN JOSE SIGNAL ELECTRIC CONSTRUCTION, INC. as Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation authorized to transact a general surety business in the State of California,as Surety,are held and firmly bound unto CITY OF CUPERTINO (hereinafter called the Obligee) in the full and just sum of FOURTEEN THOUSAND AND N01100--------- Dollars, ($14 r 000-00----- )for the payment whereof in lawful money of the United States,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. Ila WHEREAS,the said PRINCIPAL has submitted the accompanying bid for TRAFFIC SIGNAL INSTALLATION BUBB ROAD AT RESULTS WAY PROJECT 91-101 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall,within such time as may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract,then this ob,igation shall be void;otherwise to remain in full force and effect. ® _19ga_. CORPORATION STATE OF CALIFORNIA CONTRA COSTA ss. COUNTY OF pp On before me,the undersigned,a Notary Puhtic in and for". id State. ffi personally appearedf�-BERT E' HART — QIA tat X personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument u Attorney- er in-Fact on behalf of indemnity Company of California, the corporation therein named,and acknowledged to me that the corporation executed it. 7REGGGINA ICIAL SEAL. WITNESS my hand and official seal. N. CHESTERMAN Atcorttey,e-Fat •w. ntet1t—ICAWORNte A COSTA COUNTYzmn urines Ret.1.1"3 Y9. signature i ROW [CC 30<(AkV.2185) flria area jar t�rfaf No►arial.T#-1 POWER CP ATTORNEY OF N_ 023INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 3343,ANAHEIM,CALIF.92803 s (714)9M1471 NOTICE: 1. All power and authority herein granted shaft In arty event terminate on the 3191 day of December. IN*. 2. This Power of Attorney is void If offered or If any portion Is erased. a%$ z 3. This Power of Attorney is void unless the tent is in brown Ink,the signatures are in blue Ink and this notice Is In red ink. 4. This Power of Attorney is for bid bonds and bid undertakings only. w' c/ 5. This Power of Attorney should not be returned to the Afforney(s)-in-Fact.but shadtla remain a permanent part Of the Obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressfy,limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE CO z severally,but not jointly,hereby make,constitute and appoint ***ALBERT E. HART, SHEILA STEVENS , GAIL, FOUSHEE, JOTNITE.Y OR SEVERALLY***, the true and lawful Attorneys)-ln-Fact to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,aid bonds and bld amount not exceeding$75.000 in any singie undertaking;giving and granting unto said Altorney(s)-in-Fact full power and authority to do and to perform every act proper to be done in connection that owlth as each of said corporations could do,but reserving to each of said corporations full power o7 substitution and revocKO said Attorneys)-in-Fact pursuant to these presents,are hereby►allfled and confirmed. i;.somw ; IU The authority and powers conferred by this Power of Attorney do not extend to any of the fottnwing bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on th%anClal r bonds,Insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of fffO�M OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President Of the corporation be,and that each of them hereby is,authorized to e=eaute qualifying the attorney(s)named hl the Powers of Attorney to execute,on behalf of the corporation,bonds,undertak•,gs and contracts of Suretyship;and that the slot tent Secretary o1 the corporation b I.and each of them hereby is,authorized to sliest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signawresOf such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such CC neyor certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,und Itbigy, ® suretyship 10 which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OFCALIFORNIAandDEVELOPERSMSURANCECOMPANYhavePeverallycausedthesepresertatobeSignedbY vs live Presidents and attested by their respective Secretaries this 2nd day of January,1990. ® INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 0By By— Gerald A.3auvageau,Pros den% v s p. Gerald A.Sauvageau,Pmsldent v tRY ATTEST ,�,% ois6t' ATTEST elf -- --- By BY Harry C.t rowell,Secretary Harry .Crowell,Secretary ofry . STATE OF CALIFORNIA) SS. 9; COUNTY OF ORANGE ) On January 2,1990,before me,the undersigned,a Notary Public in and for said State,personcily appeared Gerald A.Sauvageau and Harry C.Crowa6, me for proved tome on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity OW and as President and Secretary on behalf of Developers Insurance Corrpem/,the Corporations therein named,and acknowledged to me that the corporations WITNESS my hand and official seal. t})?FICiAL SEALVIRGI '< rARY U d�ilRytii' iir? NOTARY Pt1811IC C•CALIFft1fA1<il Signature PRINCIPAL ICE as Notary Public $® CRAP 8E My Comnlaw EW Apr.I E� CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS iNSURANCC COMPANY,4009 ff foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions Of the resolutions Of the►especM of said corporation$set forth In the Power of Attorney,are In force as of the date of this Certificate. mt This Certificate Is executed in the City of Anaheim.California,this 8TH day of NOVEMBER 1990, INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �9 All. �, Ce° a`�ocr t. By By L.C.Fltsbiger at 196t ' a LC.Fief9lger Senior Vim President 4\f!/oa��4�+ Senior Vice President yAC 108-2 REV.12/99 ' ,„