HomeMy WebLinkAbout92-009 Annual Overlay Pavement Restoration Proj. 92-101 92-009 ANNUAL OVERLAY PAVEMENT RESTORATION 1 of 3
PROJ . 92-101
NO FEE IN ACCOqOANCE
- 61
WITH 60V CODE 6103
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ILtu I,
CITY OF CUPF-11`9-'-�C) AT REQUEST of
0 3 N00" F E E
City of Cupertino BAR S3 AM 193
CERTIFICATE OF COMPLETION OFFIGAL 3=
AND SANTA CLARA COUN I
LAURIE KANE
NOTICE OF ACCEPTANCE OF COMPLETION
ANNUAL OVERLAY AND PAVEMENT RESTORATION
PROJECT 92-101
NOTICE IS HEREBY GIVEN THAT 1, Bert J. Viskovich, Director of Public
Works and City Engineer of the City of Cupertino, California, do hereby certify that the
work and improvements hereinafter described, the contract for doing which was entered
into by and between the CITY OF CUPERTINO and EL CAMINO PAVING, INC.
on June 15, 1992, in accordance with the plans and specifications for said work, were
completed to my satisfaction on February 16, 1993, and acceptance of completion was
ordered by the City Council of said City.
That said work and improvements consisted of furnishing labor, materials, tools
and equipment required to complete said project, all as more particularly described in the
plans and specifications for said project.
irector of u lic Works and
City Engin r, City of Cupertino
1r:4 V.111'HIN
if--ISTRUMENT ISA,TRUEAND CORRECT COPY
Date: February 17, 1993 OF THE ORIGINAL CM Filirm #N,THis OFFICE.
A T T.S
CITY-'PL K OF THE C1 Y Of CLIPERTI 0
All
OR NIGAL
Ott of Cuperti"o
10300 Torre Avenue P.O.Box 580
Cupertino.California 95014 Cupertino,California 95015
Telephone: (408)252-4505
JUly 10, 1992
8l Cad Pairing, Inc.
924 San Rafael AVMM
Mmmtain Vim, CA 94M
AM PAVD*W °ICK, FFAXU= 92-101
We are enclosing to you for yaw film one (1) copy of the Cbataact for
Public Works by and beb*= the City of QWertino and 31 wino Paving,
Inc., VAdch bass been, fully eamm*red by City Officials.
Your cmtract Was approw d at the City Oowi.l Meeting of Rmdaiy, JUne 15,
1992.
zwJnsed please find ymw bid bond.
Sincerely
i`t/• _„-.=,ram �'�-•,� ,.
mom commms
L
m CENK
��9�rp
CM OF CUPEMM
DC/so
encl.
cc: Depart;oant of Public Works
The Ohio Casualty insurance Company
11"ILTora, orno
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, E1 Camino Paving; Inc.
(hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM-
PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the
City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of
California as Surety, are held and firmly bound unto City of Cupertino
(hereinafter called the Obligee) in the penal sum of 10% of proposal price
Dollars ($ 10% )
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has
submitted the accompanying bid, dated June 9 1992 , for Annual overlay and
pavement restoration -- Project #92-101
NOW, THEREFORE, if the Obligee shall make any award according to the terms of said
bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said
bid and give bond for the faithful performance thereof within the time specified; or if no time is
specified within thirty days after the date of said award; or if the Principal shall, in the case of failure
so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of
STATE OF CALIFORNIA -
County of Santa Clarra° ,
On his sth- .00* ° in the year nineteen hundred and ninety two
Dane L&ls°14'ak�$�ii A Do. before
me ......a.......eea.,.,00"o...0..0.. personals appeared
known to me for proved to rat on the basis of satls.factery ed evidence) tL-.`.Q...........
nams Is subscribed to thb'wlthln instrument as the attorney In fact of t 000 0.0...Os se
�l':eeComPan�'aeeeeeee.eee, and acknowledged to me that he she ••••••••••••••••••••
(she) subscribed the name of
•aa. n aaeeeie°eeaeeeeeeeeeeeeeeeeeasoeseeeeeee thereto as principal, and his (her) n
Hams i attorney In fact.
a O F F I C I A 4 s a a u t an
OtANE LEE NAKASHIMA ffixed IN WITNESS WHEREOF I have hereunto set my
" hone' d O
NOTARY .aeuc - """'" ° the day n MY official seal In said County .
+' d t Y year in th eertlfl to above wrlttgn
ODUM}1 Oi.3AN1A CLARA
romm,.Erp. Aug. 17, 1993
Notary Pub ie n an or the County o
® SOS2(1i1i83) Santa Clara State of California
My Comolsslon expires
THECERT[F�I1M Cr®AFY OFF�NN *may A N
OMO
CE
HOME OPRCE.HAMELTOK OMO N0. 251, 074
,�11 Am bg 9.11ne jir2 mts: That THE OHIO CASUALTY INSURANCE COMPANY, in pur<uwtce
granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
. Woodard or Edward W. Williams
amesUlam - - - - - - - - - - - - - - - - - - - of San Jose, California - - -
d lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
eed any artd all BONDS,UNDERTAKINGS,and RECOGNI7.ANCES, not exceeding in any single instance
ILLION — — — — — — — — — — — — — — — — — - — — — — — ($ 5,aa0,000.00 — —) Dollars,
owever,any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon
execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
and amply, to all intents and purposes, as if they had b-en duly executed and acknowledged by the regularly
fficers of the Company at its office in Hamilton,Ohio,in their own proper persons.
thority granted hereunder supersedes any previous authority heretofore granted the above named attorney(syin-fact.
t�ttga In WETNf:SS WHEREOF, the undersigned officer of the said The Ohio Casualty
sty insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said The Ohio Casualty Insurance Company this 28th day of December 19 88.
EA L 1=
o I�+.�'�
TE OF OHIO, !)S. As_isfant Secretary
LINTY OF BUTLER I
On this 28th day of December A. D. 19 88 before
e subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
ohn B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the
ndividual and officer described in, and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn depowth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
xan IN TESTIMONY WHEREOF,I have hereunto set m hand and affixed my Official
t4i,
Seal at the City of Hamilton,State of Ohio,t and year first above written.
Notary Pub is in nt of Butler,State of Ohio
D c.embel"..2 .•....19 .�....
My Commission expires... .
This power of attorney is granted under and by authority of Article Vi, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954,extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, ccc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver anv and all bonds, recognizarces, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of anv individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correviness of any, copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thc)-!�of issued
on behalf of the Company. Sw.h signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct conies and are in full force and effect on this date.
IN WITNESS WHER. iOF,I have hereunto set my hand and the seal of the Company this day of A.D., 19
rtop oil�
SEAM. �
a •
Assistant Secretory
CONTRACT FUR PUBLIC WMM
CMMACT made on a 15, 1992 by the CITY OF MPERUNO, a n inicipal
corporation of the State of California, hereinafter, called the CITY, and
EL CMUM PAMM, 1W. hereinafter called the OONTRALMOR.
-IT IS HEREBY Ate by the parties as follows:
1. ME CONTRACT DOS. The complete contract consists of the
following contract docntm:
A. Plans and Specifications for MMML MMMAy & PApgMT
Oia, PRD► EM! 92-101
B. Faithful Performance Bond, Labor and Materials Bond, Insurance
Certificate
c. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the OONPRACIOR are fully set
forth and described herein.
All of the above documents are intended to cooperate so that any work
called for :n one and not mentioned in the other, or vice versa, is to be
exemted the same as if mentioned in all of said documents. The documents
coalrising the couplete 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 WCM. The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, transportation, and material
necessary to perform and complete in a good and workmanlike manner, the
work of ARRML CMMM AM PAVE METMATSICK as called for, and in
the manner designated in, and in strict conformity with, the. Plans and
Specifications prepared by: Mr. Bert J. Viskovich, Director of Public
Works and adopted by the City, which Plans and Specifications are
entitled,respectively, and which Plans and Specifications are identified
by the signatures of the pasties to this Contract.
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It is understood ,and agreed that said tools, equilu ent, apparatus,
facilities, labor, transpa tation, and material shall be furnished, and
that said work shall be performed and completed as required in said Plans
and Specifications under the sole direction of the contractor, but subject
to the inspection and approval of the City, or its representative. The
City hereby designates as its r sentative for the purpose of this
Contract: M. Bert J. Viskovich, Director of Public Works.
3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees
to accept, in full payment for the work above agreed to be done, the sum
of: SM6,426.09 EMM7C SIX TWUMM Fit HMn= 'iT MM'
SIX DMZMM AM RM CUM subject to additions and deductions as
provided in the Contract Doc mler ts, per Exhibit "A" attached hereto.
4. DISPUIM PEF43UNING TO PAYMENT FOR WORL{. Should any dispute arise
respecting the true value of the work dons, or any work omitted, or of any
extra work which the Contractor may be required to do, or resting the
size of any payment to the Contractor during the per fa aanae of this
Contract, said dispute shall be determined either by reference to the unit
of prices, if applicable, or in accordance with the agreement of prig,
if applicable, or in accordance with the agreement of the parties, or in
accordance with the rules of the American Arbitration Association if t p—
parties are unable to agree.
5. PUMTS, CIMPLIANCE WIM ]LAW. The Contractor shall, at his expense,
obtain all necessary permits and licenses, easements, etc., for the
construction of the project, give all necessary notices, pay all fees
required by law, and fly with all laws, ordinances, rules and
regulations relating to the word; and to the preservation of the public
health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times maintain
proper facilities azd provide safe access for inspection by the 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 te&-ed
or approved, it shall not be tested or covered up without timely notice to
the City of its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such work be covered up
without such notice, approval, or consent, it must, if required by the
City, be uneovezed for examination at the Contractor°s e.Npense.
7. EXMA OR ADDITIONAL WORK AND CHANGES. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or omissions from the Specifications or Plans or the Contract
M ameits, it shall have the right to do so, and the same shall in no way
affect or make void the contract, but the cost or value thereof will be
added to, or deducted from, the amount of the contract price, as the case
may be, by a fair and reasonable valuation, which valuation shall be
determined either by reference to the unit prices, if applicable, or in
aaaardanee with the agreement of the parties, or in accordance with the
rules of the Amwi.can 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 the City, duly authorized by resolution of its
governing body, and by all agencies whose approval is required by law,
stating that the extra work or charge is authorized, and no claim for an
addition to the contract sum shall be valid unless so ordered.
2
8. aMGES TO ]MEET RIMUEMON'S. The city shall have the
riot to make changes in this Omtract during the eounse of construction
to bring the ccuPleted imptmements into compliance with envircnmental
requirements or standards established by State and Feral statutes and
regulations after the Contract has been awarded or entered into. The
0antractcr shall be paid for by such changes either by reference to the
unit pricers, if applicable, or in accordance with the aunt of the
parties, or in aoccreanae with the rules of the American Arbitration
Association if the parties are unable to agree.
9. TERMINATION, AMENDMEWS or MODIFICATIONS. This contract may be
terminated, amended or modified, with the mutual consent of the parties.
The compensation payable, if any, for such termination, amendment or
modifications, shall be determined either by reference to 1:1:! unit price,
if a;plicable, or in accordance with the aunt of the parties, or in
dance with the rules of the American Arbitration Association if the
parties are unable to age.
10. TIME FOR LOTION. All work under this Contract shall be
cainpleted: 45 WMRUM DAMS
If the Contractor shall be delayed in the work by the acts or neglect of
the City, or its employees, or those under it by contract or otherwise, or
by changes ordered in the work, or by strikes, lockouts by others, fire,
unusual delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay, then the
time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay by
either party under other provisions in the contract Documents.
11. INSPEMON AND TESTING OF MATERIALS. The Contractor shall notify
the City a sufficient time in advance of the manufacture or production of
materials to be supplied by him under this Contract, in order that the
City may arrange for mill or factory inspection and testing of the same,
if the City requests such notice from the Contractor.
12. Z tMON FOR BREACH, EEC. If the Contractor should be adjudged a
banknipt, or if he should make a general assignment for the benefit of his
creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontxactors should violate any of
the provisions of the contract, the City may serve written notice upon him
and his surety of its intention to terminate the Contract, such notice to
contain the reasons for such intention to terminate the Contract, and
unless within ten days after serving of such notice, such violation shall
cease and satisfactory arrangements for dons thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and perform
the Contract; provided, however, that, if the surety within fifteen days
after the serving upon it of notice of termination does not give the City
written notice of its intention to take over and perform the Contract, or
does not cormnenoe perfarmanoe thereof within thirty days from the date of
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the serving of such notice, the City may take over the work and prosecute
the same to completion by contract, or by any other method it may derma
advisable, for the account and at the expense of the Contractor, and the
Contractor and his surety shall be liable to the City for any excess cost
oocasioned by the City thereby, and in such event. the City may, without
liability for so doing, take possession of, and utilize in completing the
work, such materials, appliances, plant arxi other property belonging to
the Coontractor as may be on td'a site of th-. work and ncr�easdry there for.
13. 1HE CITY'S RIaff TO WI'ITMIJ) crUAM AMUNTS AND MAKE AFpLICATION
THERBDF. In addition to the amount which the City may retain under,
Paragraph 21 of this Contract until the final oca pletion and aca4itanoe o
all work covered by the Contract, the City may withhold from payment to
the Contractor such an amount or amounts as in its judgment may be
necessary to pay just claims agairat the Contractor or any subcontractors
for labor and services rendered and materials furnished in and about the
work. The City may apply such withheld amount or amounts to the payment
of such claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City shall be
considered as d payment made undej-. the Contract by the City to the
Contractor, and the City shall not be liable to the Contractor for any
such payment made in good faith. Such payment may be made without prior
judicial determination of the claim or claims. With respw,t to any
retention of payment by the City to ensue 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
the City's Notice to Contractors.
14. NOTICE AND SERVICE Th"ESWF. Any notice from one party to the other
under `.his 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 whiatsoeve unless served in the following manner: (a) if the
notice is given to the City either by personal delivery thereof to the
City Manager of the City, or by depositing the same in the United States
mails, enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the Contractor,
either by personal delivery thereof to the Contractor, or to his duly
authorized rept-esentative at the site of the project, or by depositing the
same in the United States mails, enclosed In a. sealed envelope, addressed
to said Contractor at: 924 SIN RAPAEL Ate, =MnUN VDN, CPA 94043
postage prepaid and certified; rzd (c) if the notice is given to the
surety or any other person, eithc-r by personal delivery to such surety or
other person, or by depositing the same in the United States mails,
unclosed in a sealed envelope, addressed to such surety or person, as the
case may be, at the address of such surety or persons last cammmicted tY
him to the party giving the notice, postage prepaid and certified.
15. ASSIGNMERr OF OCNITACT. Neither the Contract, nor any part thereof,
nog' moneys due or to become due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
4
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Wherever in the
Specifications, any material or press is indicated or specified by
patent or pznprietary zkme, or by name of manufacturer, such
Specifications must be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Contractor
which is equal, in all respects to the one specified.
17. CONTRACT SBCURITSi. The Contractor shall furnish a surety bond in an
amount at least equal to one hundred percent (100%) of the contract price
as security for the faithful performance of this Contract. The
Contractor shall also furnish a separate surety bond in an arrant at least
equal to one hundred percent (100%) of the contract price as security for
the payment of all persons for furnishing materials, provisions,
provender, or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for performing any work or labor
thereon of any kind, and for the payment of amounts due under the
Unemployment Insurance Code with respect to such work or labor in
connection with this Contract, and for the payment of a reasonable
attorneys fee to be fixed by the comet in case suit is brought upon the
bond.
18. INSURANCE. The Contractor shall not commence work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to cceamexx:a work on his
subcontract until all similar insurance required of the subcontractor has
been so obtained and approved. The Contractor shall furnish the City with
satisfactory proof cf the carriage of insurance required, and there shall
be a specific contractual liability endorsement extending the Contractor's
coverage to include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof. Any
policy of insurance required of the Contractor under this contract shall
also contain an endorsement providing that thirty (30) days' notice must
be given in writing to the City of any pending change in the limit`s- of
liability or of any cancellation or modification of the policy.
(a) WORK RI S SENSATION INSURANCE AND EKPLOYER'S INABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Employer's
Liability Insurance for all of his employees employee at the site of
the project and, in case any work is sublet, the Contractor shall
require the subczntractor similarly to provide Worker's Ccagpensation
Insurance and Eiployer's Liability Insurance for all of the latter's
employees unless such employees are covered by the protection afforded
by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor code:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker's
sensation or to undertake self insurance in accordance with the
provisions of the Code, and I will comply with such provisions before
cam mencing the performance of the work of this contract".
5
(b) LIABILITY INSURANCE. The Contractor shall take out and maintain
during the life of this Contract such Bodily Injury Liability and
Property Damaqre Liability Insurance as shall prot'.ec, him and any
subcontractor performing work covered by this Contract fkam claims for
property dam, including third arty property dmage, to include
coverage on property in the care, custody and control of the
Contractor, and also exclndirg chat are coom my known as the "X, C,
and U" exclusions (having to do with blasting, collapse, and
underground property damage) , which may arise from Omytracttwls
operations under this Contract, whether such operations be by himself
or by any subcontractor ar by anyone directly ar indirectly engoicyed
by either of therm ar4 the amounts of such insurance shall be as
follows:
Bodily Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an amount
not less than $1,000,000.00 on account of one accident, and Property
Damage Liability Insurance in an amount not less than $250,000.00.
The City and its officers and employees, shall be named as adritional
.insureds on any such policies of insurance, which shall also c-,;stain a
provision that the insu anca afforded thereby to the City, its
officers and employees, sha:._ be primary insurance to the full limits
of liability of the policy and that if the City, or its officers and
employees, have other insurance against a loss covered by such policy,
such other insurance shall be excess insurance only.
19. HDID HARMLESS. The contractor will save, keep, and hold harmless
the City aril all officers, employees, and agents thereof from all damages,
costs, or expenses, in late or in equity, that may at any time arise or be
set up because of personal injury or damage to property sustained by any
person or persons by reason of, or in the course of the performance of
said work, or by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in consequence
of the use in, on, or about said work, of any article or material supplied
or installed under this Contract. Notwithstanding the above, the
Contractor shall where;ner it is necessary keep and maintain at his sole
cost and expense during the course of his operations under this Contract
such warnings, signs, and barriers as may be required to protect the
public. The provisions of the preceding sentence shall not impose any
liability upon the City and are for the express benefit of the general
public.
20. HOURS OF WORK. Eight hours of labor during any one calendar day and
forty hours of labor during any one calendar week shall constitute the
maximum hours of service upon all work dm-e hereunder, and it is expressly
stipulated that no laborer, workman, or mechanic employed at any time by
the Contractor or by any subcontractor or subcontractors under this
Contract, upon the work or upon any part of the work contemplated by this
Contract, shall be required or permitted to work thereon more than eight
hours during any one calendar day and forty hours during any one calendar
week, eocept, as provided by Section 1815 of the Labor Code of the State
of California, work perform by employees of Contractors in excess of
eight hours per day and forty hours during any one week shall be permitted
upon public work upon eampensation for all hours worked in excess of eight
6
hours per day at not less than one and one-half times the basic rate of
pay. It is further expressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Code of the State of
California, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the: City,
twenty-five dollars ($25.00) for each laborer, worker, or mechanic
employed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which said
laborer, worker, or manic is required or permitted to work more than
eight hours in any one calendar day and forty hours in any one calendar
week in violation of the provisions of said sections of the Labor Code.
The Contractor, and each subcontractor, shall keep an accurate record
showing the names of and actual hours worked each calendar day and each
calendar week by all laborers, workmen, and mechanics s employed by him in
connection with the work contemplated by this Contract, which record shall
be open at all reasonable hours lot the inspection of the City of its
officers or agents and to the Division of Labor Law Enforcement of the
Department of Industrial Relations of the State of California.
21. WAGE RATES. Pursuant to the LaL-ir code of the State of California,
or local law thereto applicable, the City has ascertained the general
prevailing rate of per diem wages and rates for holidays and overtime in
the locality in which this work is to be performed, for each craft,
classification, or type of laborer, workman, or mechanic needed to execute
this amtract. The prevailing wages so determined are set forth in the
Specifications and made a part hereof. Neither the notice inviting bids
nor this Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the contractor or any subcontractor under
him may base any claim against the City.
1775. (a) Each Contractor and subcontractor shall keep an acx%wate
payroll record, showing the name, address, social security n mobex, work
classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker,
or other employee employed by him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable hours at
the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records emmersated in subdivision
(a) shall be made available for inspection or furnished upon request
to a representative of the body awarding the contract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available upon request to the public for it-'on
or espies thereof made, provided, however, that a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship standards, or the Division of Labor
7
Standards Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
(c) Each Contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written request.
(d) Any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding
bids, the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement shall be marked or obliterated in such a manner as
to prevent disclosure of an individual's name, address and social security
number. The name and address of the Contractor awarded the contract or
performing the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a) , including the
street address, city and county and shaU., within five working days,
provide a notice of a change of location and address.
(f) In the event of noncompliance with the requirements of this section,
the Contractor shall have ten (10) days in which to cooply subsequent to
receipt of written notice specifying in what respects such Contractor must
comply with this section. Should noncanplianoe still be evident after
such ten (10) day period, the Contractor shall, as a penalty to the state
of political subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or portion
thereof, for each worker, until strict caWlianoe is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division of
Tabor Standards Enforcement, such penalties shall be withheld from
progress payments then due.
(g) The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such stipulations shall
fix the responsibility for amplianoe with this section on the prime
Contractor.
(h) The director shall adopt rules consistent with the California Public
Records Act, (Ch. 3.5 (cwmenci.ng with Section 6250) of Div. 7, Title
I. COv. Ch.) and the Information Practices Act of 1977, (Title 1.8
(Ccmpencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) goverr&g the release
of such records, including the establishment of reasonable fees to :-�e
charged to reproducing copies of records required by this section. (Add
by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chaptex shall prevent the employment of properly
registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to apprentice
under the regulations of the craft or trade at which he is enployed, and
shall be employed only at the work of the craft car trade to which he is
registered.
8
Only apprentices, as defined in Section 3077, who are in it-aining under
apprenticeship standards and written apprentice agreements under Chapter 4
(commencing with Section 3070) , Division 3, of the Labor Code, are
eligible to be employed on public works. The employment and trai.nii= of
each apprentice shall be in accordance with the provision of the
apprenticeship standards and apprentice age under which he is
training.
Him the Contractor to whom the contract is awarded by the State or any
political subdivision, or any subcontractor under him, in performing any
of the work under the contract or subcontract, employs workmen in any
apprenticeable craft or trade, the Contractor and s<zbeon ractor shall
apply to the joint apprenticeship c mmittee administering the
apprenticeship standards of the craft or trade in the area of the site or
the public work for certificate approving the Contractor or subcontractor
under the apprenticeship standa:rd.s for the employment and training of
apprenticeships in the area or industry affected; provided, however, that
the approval as established by the joint apprenticeship committee or
committees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent to
approving the subject contractor or suYcontractor, shall arrange for the
dispatch of apprentices to the Contractor or subcontractor in order to
Comply with this section. There shall be an affirmative duty upon the
joint apprenticeship committee rr committees administering the
apprenticeship standards of the craft oY trade in the area of the site of
the public work to ensure equal employment and affirmative action in
apprenticeship for women and minorities. contractors or subcontractors
shall not be required to submit individual applications for approval to
local joint apprenticeship committees provided they are already covered by
the local apprenticeship standards. The ratio of apprentices to
journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which
the joint apprenticeship committee mnittee operates but in no case shall the ratio
be less than one apprentice for each five journeymen, except as ottierwise
Provided in this section.
The Contractor or subcontractor, if he is covered by this section, upon
the issuance of the approval certificate, or if he has been previously
approved in such craft or trade, shall employ the number of apprentices or
the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the Contractor that he employs
apprentices in such craft or trade in the state on all of this contract on
an annual average of not less than one apprentice to each five journeymen,
the Division of Apprenticeship Standards may grant a certificate exempting
the Contractor for the 1-to-5 ratio as set forth in this section.. This
section shall not apply to contracts of general contractors involving less
than thirty thousand ($30,000.00) or twenty (20) working days or to
contracts of specialty contractors not bidding for work through a general
or prime contractor, involving less than two thousand dollars ($2,000.00)
or fewer than five (5) working days.
"Apprenticeable daft or trade," as used in this section, shall mean a
craft or trade determined as an apprenti.eeable occupation in accordance
with rules and regulations prescribed by the Apprenticeship 0ouncil. The
joint apprenticeship committee shall have the discretion to grant a
9
certificate, which shall be subject to the approval of the Administrator
of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth
in this -section when it finds that any one of the following conditions :ire
met:
(a) In the event unemployment for the previous three month period in
such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area
eyx*eds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade is
replacing at least ore-thirtieth of its jcurrwpner. annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assigmnent of an apprentice to any work performed under a public
works contract would crate a condition which would jeopardize his life or
the life, safety, or property of fellow employees of the public at large
if the specific task to which the apprentice is to be assigned is of such
a nature that training cannot be provided by a journeyman.
Men such exemptions are granted to an organization which represents
Contractors in a specific trade from the 1 to 5 ratio on a local or
statewide basis the member contractors will not be required to submit
individual applications for approval to local joint apprenticeship
committees, provided they are already covered by the local apprenticeship
standards.
A Contractor to whom the contract is awarded, or any subcontractor under
him, who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprenticeable craft or trade and who is
not contributing to a fund or finds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other Contractors in the area
of the site of the public work are contributing, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen or
apprentices on the public work in the same amount or upon the same basis
and in the same manner as the other Contractors do, but where the trust
fund administrators are unable to accept such funds, Contractors not
signatory to the trust agreement shall pay a like amount to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in cwputing his bid for the contract. The
Division of Labor standards Enforcement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section for all apprenticeable
occupations with the prime Contractor.
All decisions of the joint apprenticeship committee under this section
are subject to the provisions of Section 3081. (Amended by Stats. 1976,
Ch. 1179)
10
17 77.6 It shall be unlawful for an employer of a labor amnion to muse
to accept otherwise qualified employees as registered ar4nwitices on any
public works, on the around of the race, religious creed, color, national
origin, ancestry, sex, or age, except as provided .:n Section 3077, of such
employee. (Amended by Stat. 1976, Ch. 1179)
1777.7 (a) In the event a Contractor willfully fails to ecuply with the
provisions of Section 1777.5, such Contractor shall:
(1) Be denied the right to bid on any public works contract for a
period of cme year from the date the determination of narxumpliance is
made by the Administrator or Apprenticeship; and
(2) Forfeit as a civil penalty in the suns of fifty dollars ($50,00)
for each calendar day of nonoonpliance. Notwithstanding the
provisions of Section 1727, upon receipt of such a determination the
awarding body shall withhold from contract progress payments then due
or to become due such sum.
(b) Any such determination shall be issued after a full investigation, a
fair and impartial hearing, and reasonable notice thereof in accordance
with reasonable rules and procedures prescribed by the California
Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to this section
shall be deposited in the general fund if the awarding body is a state
entity, or in the equivalent fund of an awarding body if such awarding
body is an entity other than the state.
The interpretation and enfarC ent of Sections 1777.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) .
It shall be mandatory upon the Contractor, and upon any subcontractor
under him, to pay not less than the said specified rates to all laborers,
workmen, and mechanics exployel in the execution of the Contract. It is
further expressly stipulated that the Contractor shall, as a penalty to
the City, forfeit twenty-five ($25.00) for each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any subcontractor under work done under this Contract by him or by
any subcontractor under him; and Contractor agrees to fly with all
provisions of Section 1775 of the Labor Code.
In case it becomes necessary for the Contractor or any subcontractor to
employ on the project under this contract, any person in a trade or
occupation (except executives, supervisory, administrative, clerical, or
other con-manual workers as such) for which no minban wage rate is herein
specified, the Contractor shall immediately notify the City, who will
Wwptly thereafter deteanaine the prevailing rate for such additional
trade or 00043ation and shall furnish the Contractor with the minim= rate
based thereon. The minimum rate thus furnished shall be applicable as a
minimun for such. trade or occupation from the time of the initia t
employment of the person affected and during the cantnumnoe of such
employment.
11
22. ACCIDENT' P,REVENTIM v. Precaution shall be exercised at all times for
the protection of persons (including employees) and property. The safety
provisions of applicable laws, building and construction codes shall be
observed. Machinery, equipment, and other hazards shall be guarded or
r!liminated in accordance with the safety provisions of the Construction
Safety Orders issued by the Industrial Accident Commission of the State of
California.
23. PALMERr. Payment will be made in accordance with the attached
payment schedule. "be City will make partial payment to the Contractor on
the basis of a duly certified approval estimate of the work performed and
materials incorporated in the project, during the preceding calendar
month, by the Contractor, but the City will retain ten pint (10%) of
the amount of each of said estimates until the expiration of thirty-five
(35) days frog the date of recording by the City of mice of acceptance
of completion of all work covered by this Contract, if such notice be
reed within ten days after the acceptance of completion of such
Contract as evidenced by resolution of its gavesning body; or, if such
notice be not so recorded within ten days, until the expiration of
ninety-five (95) days after the acceptance of completion of such work of
improvement as evidenced by resolution of its governing body, at which
time and not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from the
City's representative shall, before the last Tuesday of each month,
deliver said certificates under hand to the City, or in lieu of such
certificates, shall deliver to the Contractor, in writing, under his rani,
a just and true reason for not issuing the certificates, including a
statement of the defects, if any, to be remedied, to entitle the
Contractor to the certificate of completion. In event of the failure of
the City's representative to furnish and deliver said certificates or any
of them or in lieu thereof, the writing aforesaid, within ten (10) days
after the times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in event
said certificates are not furnished within ten (10) days thereafter, the
same shall become due and payable.
In case the City's representative delivers the writing aforesaid, in lieu
of the certificates, then a compliance by the Contractor with the
requirements of said writing shall entitle the Contractor to the
certificates.
The payment of progress payments by the City shall not be construed as an
absolute acceptance of the work done up to the thne 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.
24. PIMDCTION OF M3MC UTILITIES. The City shall be responsible as
between the parties to this Contract only, for the removal, relocation, or
protection of existing public utilities, if any, located on the site of
construction, but only if such public utilities are not identified by the
City in the Plans and Specifications made a part of the invitation for
bids. The City shall ate the Contractor for costs incurred in
12
relocating or repairing damage to utility facilities not indicated in the
Plans and Specifications, other than service laterals when the preserve of
such utilities an the construction site can be inferred from the presence
of such visible facilities as buildings, and meters and junction boxes on,
or adjacent to, the construction site. The Contractor shall na`_ be
assessed liquidated damages for delay in co pletion of the Contract
Project, as provided in Paragraph 27 below, when such delay is caused by
the failure of the City, or other public utility, to pravidrr for tim
removal or relocation of the existing utility facilities. If the
Contractor while performing ttw Contract discovers utility facilities not
identified by the City in the Contract plans and Specifications, the
service laterals as hereinabave described, he shall immediately notify the
City in writing.
25. OONTRACIOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not
be responsible for the oast of repairing or restoring damage to the work
caused by an Act of God. NEVERMM.Ess, the Contractor shall, if the
insurance premiums a separate bid item, obtain the insurance to indennify
the City for any damage to the work caused by an Act of God. "Acts of
God" shall include only the following occurrences or conditions and
effects: earthquakes and tidal waves, when such occurrences or conditions
and effects have been proclaimed a disaster or state of emergency by the
Governor of the State of California or by the President of the United
States, or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having occurred In
a populated area. Subject to the foregoing, the City shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability
for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or the same during its
construction and before acceptance.
26. CONi'RACIOR°S GUARANTEE. The Contractor unqualifiedly guarantees the
first-class quality of all workmanship p and of all materials, apparatus,
and equipment used or installed by him or by any subcontractor of supplier
in the project which is the subject of this Contract, unless a lesser
quality is expressly authorized in the Plans ard Specifications, in which
event the Contractor unqualifiedly guarantees such lesser quality; and
that the work as performed by the Contractor will conform with the Plans
and Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment, whether
latent or patent, revealed to the City within one (1) year of the date of
acceptance of cmpletion of this Contract by the City, the Contractor will
forthwith remedy such defects without cost to the City.
27. LIQUIDATED DAmAGF3s. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time fixed for
such eoMpletion, the work hereinbefore mentioned and described and hereby
contracted to be done and performed, he shall berxme liable to the City
for liquidated damages in the stun of $15A.00 (off HMM FMY )
for each and every working day during which said work shall remain
unooWleted beyond such time for completion or unlawful extension thereof,
which sum shall be presumed to be the amount of damage thereby sustained
by T,ne City sire it would be impracticable or extremely difficult to fix
be deducted by the City from moneys due the Contractor hereunder, or his
assigns and successors at the time of am leticn, and his sureties shall
be liable to the City any excess.
28. AMITIONAL PROVISIONS. None
13
ALL=PURPOSE ACKNOWLElt, MEtff NO 209
State of L CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL(S)
County of,-
CORPORATE
On_ Y 7 before me, r?� - , �N _; % i OFFICER(S) L i
DATE NAME,TITLE OF OFFICER-E.G_*JANE DOE.NOTARY PUBLIC' TITLE{S)
❑ PARTNER(S)
personally appeared L�14 ❑ ATTORNEY-IN-FACT
NAME(S)OF SIGNER(S) ❑ TRUSTEE(S)
❑ pi rsonally known to me-OR- proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(whose name04 is/
subscribed to the within instrument and ac-
knowledged to me that-ale/she/tom executed ❑ OTHER:
1 c�cL�c�c�c� uc.c�cc��ur.�cc� cx�cx? the same in W&;4her4heif authorized
Ot,FIClf L SEAL capacity{ , and that by`*Js/her/the0o
ROBERTA A�N WOLFE
signatureol on the instrument the person(,
9 or the entity upon behalf of which the person(s}- SIGNER IS REPRESENTING:
40TARY PUBLIC IC CALIFORNIA
s��1}
acted, executed the instrument. y.SANTA CLARA COUNTY � NAME OF PERSON(S)OR ENTITY(I[S)
My Commission Expires June 11,1993 $
Witness my hand and official seal. %---
SIGNATUOf OF NOTARY "
ATTENTION NOTARY:Although the information requested below is OPTIONAL..it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document f %Fc
MUST BE ATTACHED yp -�-�-�� � ����—`�
TO THE DOCUMENT Number of Pages 1 Date of,Document C 'S- y Z--` /{�
DES;RIBED AT RIGHT: Signers) Other Than Named Above
v
t�1991 NATIONAL NOTARY ASSOCIATION•8M Remmet Ave.•P.O.Box 7184•Canoga Park.CA 91304-7184
P. O. NO.
IN WIGS WHERBOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
Crry OF CUPFWIM
Approved as to far1M Mayor:
City Attorney CityClerk:
!late/City Clerk:
CONTRACTOR: EL OMM PAVIM, Ian.
By:
� 4
1
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary
ado-owl required.
Project Name and Number: ANSI. OVERM AM PAVH+
Oontractor's Name: EL CAKW PAVim, m.
Contractor°s Address: 924 SAN IMFARL AVOM, HT. VTIW, Ch 94043
Contract Amount: $386,426.09
Contract A,-ooxuit Number: no-8404-718
14
1992 CAT'i"AAL IMPROVEMENT PAYMENT SCHEDULE
Qi1Pi VMES CUT OFF MTE CSC RELEASE DATE
FRIDAY 5:00 PM FRIDAY
JANUARY 10 JANUARY 24
FEBRUARY 7 FFI 20
MARCH 6 MARCH 30
APRIL 3 APRIL 17
MAY 1 MAY 15
MAY 28 JUNE 12
JUKE 26 JULY 10
JULY 24 AST 7
AUGUST 21 SEPTE BER. 4
SEPTEMBER 18 OCTOBE R 2
OCTOBE R 16 OC'TOBE R 30
NOVE BER 13 NOVEMBER 25
DBC'Er,ER 11 DECE BER 23
15
BID PROPOSAL
ANNUAL OVERLAY AND PATlEHENT RESTORATION
PROJECT 92-101
TO: THE DIRECTOR OF PUBLIC WORY.S, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications •for the work of the
Annual Overlay and Pavment Restoration Project in the •' City of
Cupertino, Project 92-101 I, the undersigned, hereby declare that I have
read the proposal requirements, visited the sites, and examined the
specifications. I, the undersigned, :ereby propose to do all work
required to complete the work in accordance with the Plane and
Specifications for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not
limited to, local state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award ,:he contract to any qualified bidder based on tf3 most advantageous
proposal, to reject any or all bide or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Annual Overlay and
Pavement Restoration, Project 92-101 as described in the Special
Provision9.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
1. I shall be responsible for providing the City of Cupertino or its
agent, striping quantities pertaining to removal, no later than 4:00
P.N. on each calendar day of the project.
2. Within two (2) hours after each street has been overlayed, I shall be
responsible for accurately locating and placing temporary
centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely
limited to these patterns or legends as shown in the Standard Plans
A20(A,B,C), A-24(A,B,C,D) , City Standard Details 2-26 & 2-27, and the
Project Plans. Bid Items 14.
If I fail to perform this portion of the job, I shall pay the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day for
that day, plus the sum of one hundred and fifty dollars ($150.00) for each
and every calendar day the temporary striping remains incomplete.
PROPOSAL PAGE 1 OF 9
BID PROPOSAL (Continued)
3. Seven days following the overlay of each street, I shall- be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn lanes, left turn pockete, bike lanes, travel lanes,
limit lines (stop bare) , legends, speed limits, and other striping not
solely limited to these patterns or legends as shown in the Standard
Plane A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-26 & 2-27,
and the Project Plans. Bid Items 11-13.
I shall be responsible for providing the City of Cupertino or its agent,
striping quantities pertaining to installation, no later than 4:00 P.M. on
each calendar day of the project.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 69374 S.F. Pavement Restoration (411) $ 2 .08 /S.F. $ 144,297. 92
2. 18688 S.F. Pavement Restoration (6") $ 2 . 81 /S.F. $ 52,513.28
3. 3496 Ton Asphalt Concrete Pavement $32,16 /Ton $ 112, 565. 64
4. 12562 L.F. Wedge Cut (Longitudinal) $ 0. 95 /L.F. $ 11, 933. 90
S. 866 L.F. Wedge Cut- (Transverse) $ 2. 80 _/L.F. $ 2, 424 - 8s0
6. 49 EA. Adjust Manhole to Grade $200.00 /EA. $ 9, 800.00
7. .32 EA. Adjust Box to Grade $ 75. 00 /EA. . $ 2, 400.00
8. 274396 S.F. Pavement Fabric $ 0. 10 /S,F. $ 27 , 439.60
9. Remove Traffic Striping
1000 L.F. City Detail 23C $ L_ /L.F. S 1 ,300.00
PROPOSAL PAGE 2 OF 9
a
BID PROPOSAL CONTINUED:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
10. 3 EA. Remove Blue Pavement S 3 • 00 /EA. $ 9.00
Markers
11. Install Traffic Striping
1350 L.F. 4" White S 0.25 /L.F. $ 337 .50
2515 L.F. 12" White $ 0.75 /L.F. $ 1866. 25
4090 L.F. State Detail 39 $ 0.50 /L.F. $2045.00
660 L.F. State Detail 38 $ 0.50 /L.F. S 330.00
1800 L.F. City Detail 39AC $ 0. 35 /L.F. $ 630.00
3570 L.F. City Detail 23C S 0.80 /L.F. $ 285 6. 00
12. Install Painted Traffic Legends
6 EA. Type IV (1) Arrow $ 15. 00 /EA. S 90.00
2 EA. Ahead $ 55 .00 /EA. S 110. 00
6 EA. Keep Clear S 95.00 /EA. $ 570. 00
2 EA. 35 $ 25.00 /EA. S 50 .00
2 EA. 25 $ 25. 00 /EA. S 50. 00
2 EA. 30 $ 25. 00 /EA. S 50. 00
19 EA. Stop $ 45. 00 /EA. $ 855. 00
1 EA. Ped $ 35. 00 /EA. $ 35. 00
1 EA. Xing $ 45 . 00 /EA. $ 45 . 00
13. 5 EA. Install Blue Pavement Markers $ 7 . 00 /EA. $ 35 .00
14. L.S. Traffic Striping Layout $ 1 ,500 ?L,S. $1500. 00
15. 207 Tons Deeplift Installation $ 49. 6?TON $10,267 .20
TOTAL BID $ 386s426.09
PROPOSAL PAGE 3 OF 9
I, the undersigned agree that if this proposal is accepted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the manner and time specified.
I, the undersigned declare that this bid is made without connection
with any person, firm, or corporation making a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned recognize that the Director of Public Works of
the City of Cupertino will reserve the right to establish the priority of
one job over another and each starting date where conflict of construction
schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of
the Laor 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 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%C)j' B Tp , which amount represents ten percent (10%) of
the total amount of the bid as required by law and this Notice to
Contractors.
PROPOSAL PAGE 4 OF 9
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITEH BID
I, the undersigned, being first duly sworn, deposes and says that I
am
VICE-PRESIDENT of EL C,AMINO PAVING, 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 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 5 of 9
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
years.
Our experience in work comparable with that required by the proposed
contract is 16 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
name(s) .
My California Contractor's License Number is 329094
The classification of my Contractor's License is C-12
The expiration date for my Contractor's License is JUNE 30, 1994
* (This Section for City use Only) /
* The above information has been verified by `�C(
on µ�► - 2� -�Z —
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with
the laws of the State of California, however, at the time the contract is
awarded the contractor shall be properly licensed.
Proposal Page 6 of 9
BIDDER HISTORY OF WORK
The following is an example of work similar in character to that
required in the proposed contract which our organization or personnel in
our organization has completed within the past three(3) years.
Year Location Class For Whom Performed Phone Number ,Amount
"SEE ATTACHED"
Proposal Page 7 of 9
EcP O EL CAMINO PAVING, INC.
GRADING and PAVING
,qv v i Z P.O. BOX 62319 • SUNNYVALE, CA 94088
vi
415-965-7283 FAX 415-9Fz„'1157
Cont. LfcenSe Nn. 329:a:r•;
!)I11 L- CL){'SP(1NY !it•i'1f;:,
()1- C-01-11 it(. I , IDDRE^SS, JOB CONTRACT
1:111 11•L.l. I"I ON f=+if iIV1.. 111 1: 11!E 12 DESCRIPTION AMOUNT
llE:WL_ ' I I 14li;141HD PATCH PAVE $134, 882. (.-►i1
I11H. LOWLL- [I-l-LNY.A PETROMAT/
i.3t i t :3 I L;:4'E_I••lti (AiEEK BLVD. OVERLAY
S(11•I I�► C.L-�II<N, (:N 'c):rll;jl-,
I_OC:I;HEED 1,11 S S 1 L R SPACE PETROMAT/ $33:3, 663. 60
1'111. 1 I<L iTUfd )III I TCHARD OVERLAY
P. 0. DO 3,7,011 SLURRY SEAL
J1.11'di i'f V{1LE q LAI 940138-3504
bl.11-I l I W)N 1 US PATCH PAVE $ 38, 000. 00
M:i. I fi_I Ill FOSTER PF_TROMAT
air<t f•i-a'I"Ii I Ci; HENRY DR. OVERLAY
S(1id l A ('01141, CA
1 1 /:)U 1'M iV II; ELECI-RIC GRADINC3 li $ 37, 408. 00
1,114. 11101,105 CO{'H I V I 2F1 PAV I NG
1 0,-) Ml_I C(i1-F R011D
(.-oyo1 E, Go 13:j 138
_ 4108 H'-7:i 1 4
APPlitlA LIAGINEERIIAG, INC. NEW PAVING $112, 411. 14 +•
Ilk. J►Wl< Liti C(I.L-
7E>it E. i.OPI-Gil_ AVENUE
I't 1 I.1-`1 1►Ili, { f t 'J:-,i�.i:J
C,6/91 EA-5 1 SIDIZ UNION SCHOOL D I ST. $149, 202. Oct
Mlt. 0001i OWLIV PATCH-PAVE
b3i:) N. L(41-1 1 Lll_ AVENUE
SAr! J(JSE, CA 9351:33 VARIOUS SCHOOLS
08/91 Df)l{ GROVE D I ST. PATCH PAVE 4 79, 664. UG
111R. JOHN IIARHOI' OVERLAY
E.'J78 S"N I A I ERESSA BLVD.
SON JWE7 CF3 '3Zi1Ili
t:,El/J1 H;INILIGN & W-IMIL"(ON SHEET PAVE, 9; 16, 41, 00
1,114. LES HAMIL.TON PETROMAT-
1 4 1 9 NOR i H 1 t:,th STREET OVERLAY
qua/�J5-gi.t:_Ei
u3/91 S. t_. FI. C. FACII-ITIES 414 GRADING/WAVING $ 39, 620. 00
MR. DEN GOUDMAN
P.D. E;UX 4343 PATCH PAVE R s 80, 88Ct. 00
SCANFCIlt1), (,A 9431".15 PETROMAT
4 15/9.=6-4E.92 OVERLAY
lt►/'il SAN JOSS/EVERGREEN PATCH PAVE, $ 537 9139. C14:1
1";OrlMi IN i TY C()I 1.1=[iE D I ST. SEAL I N(i &
MR. INN AHI-E OVERLAY
4/5(1 SAN F EL I t='1= RD.
SAN JOSS, CA 3
SUBCONTRACTOR'S FORK
The subcontractor(9) , 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(0.58) of the total bid are listed
below. Only those listed below shall perform work on this project and
each of them has been provided with a full and complete set of plans and
specifications for this project by the bidder.
1. Name ANRAK CORPORATION
Address '781 OLD COUNTRY ROAD, SAN CARLOS, CA 94070
Work to be Performed GRINDING
2. Name BAY PARKING LOT SERVICE
Address P.O. BOX 2570, SUNNYVALE, CA 94087
Work to be Performed STRIPING
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 8 of 9
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 A14D 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 EL CAMINO PAVING, INC .
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder:
(Pri Type Name) CHARLES TOVAR
Date: ,TUNE 9, 1992
Address(mailing & location) 924 SAN RAFAEL AVENUE
MOUNTAIN VIEW, CA 94043
Telephone Number : (415) 965-7283
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
CITY OF CUPEKTINO
INTERDEPARTMEiVTAL Date June 29, 1992 _
To CITY CLERK From PUBLIC WORKS--SUMI _
❑ Information MESSAGE: ANNUAL OVERLAY AND PAVEMENT RESTORATION, PROJECT 92-101
❑ Implement EL CAMINO PAVING, INC. (CC 6/15/92)
❑ Investigate
J Discuss 1. THREE SETS OF CONTRACT FOR PROCESSING
See me 2. ONE COEY EACH FITHFUL PERFORMANCE BOND AND LABOR AND
❑ Reply MATERIAL BOND. OHIO CASUALTY INSURANCE COMPANY
BONU NO.
_ 3. CERTIFICATE OF INSURANCE, 6/25/92
SM
Reply: _ ATTACH_ _ -- ------ ------
El Camino Paving, In ,� �-
'^ 924 San Rafael Avenue
Mountain_ —
SIGNED: ..._�----
Forward part 1 Retain part 2
........ ¢:y�u.7'r ir'.s'F`%".at>s''%�: C:,•.}i:::{,ti :>•+ -f .s.f.c LY; r..'-c U`�:�a-:,':.' I:l.<:::.;..;; M " Y .. -. .;,.:f.:'.:::�,�n....:...Y.,9.:�:4'...i: �cn$:t:;fik_."�s.:�#'.:,.ybu�t';"£..sf�:+ff�,l.�.r h„4�F�':fi:ZY i.�.✓:�:��s}.;�:��_:,yc2S,,s:,r•.f:�;n}:+�til:�;':.f•4':�.` S;.E DATE
r
RMD rVIy
6-25-92
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Dempsey Insurance Serv. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
(408)985-09.10 POLICIES BELOW.
P O Box 6210 COMPANIES AFFORDING COVERAGE
San Jose, CA 95150 _
COMPANY A Transcontinental Ins.Co.
LETTER
DN
COMPANY B INSURED LETTER
Transportation Ins.Co.
El Camino Paving Incorporated � `LETTER' C American Cas Co of Reading PA
OM
P.O.Box 62319 I COMPANY Sunnyvale, CA 94088 COMMANY ® CNA Casualty of Calif.
i
ER
I COMPANY E
„ ee!! ! LETTER
�iir'.... R >:`.%;;y.iii% `i: :':;3rr <?':;Jc:ri'i:?iE::Ei? :
..•::�....:.:.:.::::..::.:.....:::.;:.:::::::::�,.:.::::.�:::.�.�:::::.:•.:.�.v:::::::::.r:::.v:.::�::::::.�::::::._:::.:�.:::...:..::.:�5�.t:��::•<:.::;.:.:;:.::::::::�::.�:::.:::::::::::::::::{1�:..;:W;:::,::;:;<:::;::z::u<;:rz;::i::y.;;Y,:ram.:�::s::isss::::::•::.:xL:;i:.ts:.x?•:;»::s;.;•.::,.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED-3ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF ItISURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR, I 1 DATE(MWDDIM I DATE(MM/DD(YY) LIMITS
GENERAL LIABILITY I I GENERAL AGGREGATE S 1,000,000
X COMMERCIAL GENERAL LIABILITY j 1 PRODUCTS•COMP�OPAGG. S 1,000,000
A CLAIMS MADE l OCCUR 400945719 02/01/92 ! 02/01/93 PERSONAL BADV.INJURY_�5 —
1---�---- _ _ 1,000,000
t X j OWNEP.S & CONTRACTOR'S PROTI EACH OCCURRENCE S 1,000,000
IX- ,Contractual & XCU
1 RAE.DAMAGE (Arry one fire) S 50000
M£D EXPENSE(Arty one person) 5 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE
�( ANY AUTO I LIMIT $ 1,000,000
ALL OWNED AUTOS
i BODILY INJURY S
B SCHEDULED AUTOS 8009457201; 02/01/92 +I 02/01/93 (Per person) _ --`
X HIRED AUTOS
BODILY INJURY S
}{ NON-OWNED AUTOS I ! (Per accident)
GARAGE LIABILITY !' �--------
• PROPERTY DAMAGE $
EXCESS LIABILITY , ! EACH OCCURRENCE S 2,000,000
C�_X�} 4009457221; 02/01/92 s o2ro93 AGGREGATE--- _ �$ 2,000,000
OTHER THAN UMBRELLA FORM j
STATUTORY LIMITS
1 WORKERS COMPENSATION i - _
p l AND I I-WC600945721 4 02/91/92 02/01/93 EACH ACCIDENT _ 1,000,000
EMPLOYERS' LIABILITY ` ISEASE--POLICY LIMIT IS 1,000,000
j OTHER DISEASE—EACH EMPLOYEE S 1,000,000
! � i
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
Job: Annual Overlay & Pavement Restoration, Project 92-101
.. .. ....:..-... ...as:.,:•a:.�:;a%•.......:. � .....:::..:a:: ' ii';:f:%3�::%`�?i":�3ii::�s;dsysF:j;ii::3s:f•::isi:.{;?::i?:g,';'ti:}:;:<i;i::i%3:t<a•:f;::x:f`.•<r:4.t..
City O Cupertino , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
P.O, BOX pe EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 10Q00TffJ=
MAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Cupertino, CA 95015
LEFT. R
AUTHORIZED REPRESENTATIVE D SEY INSURANCE. SERVICE, INC.
,... 'r::•.,::... .:::'.i:0i..(::Stvi i:.,, si::t::';;.'•iii:�`j(^:+ }i>i::•:i:v:::{v'^;.;.•)i
>n
POLICY NUMBER: 4nn,? r5719 COMMERCIAL GENERAL LIABILITY
El Cnninn raving, Inc,
THIS ENDORSEMENT CHANGES TILE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED --- OWNERS, LESSEES OR
CONTRACTORS (FORM R)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Cupertino, its officers, and employees
(it no entry appears above.information required to rnmhlelr• Iliit enclorsrmrot will lie shown in the declarations
as applicable to this endorsement.)
WHO IS AN INSURED(Section 11)is,mrnded to inchtde as an intiutrtl the perrnn of orgatiiralion ,Bowel in the
Schedule, but only with respect to liability arising,out of "your work" for that insured by or for you.
The insurance provided herein is primary coverage to the Citv of Cupertino
with respect to any insurance or self insurance programs. maintained by the
City, and no insurance held or owned by City shall be called up to contribute
L. : to a loss.
This policy shall not be cancelled or materially changed without first giving
thirty (30) days prior written notice to the Citv of Cupertino,
CG 20 10 11 85 Gry)ytipltl. h►sut:uur Setvic•ec Office., Ittr'.. Iq(tn
.t
t
LABOR AND MATERIAL BOND
Band No. 3-012-638
Premium: %nc. in Performance Bond
Y-NOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
El. CAMINO PAVING, 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 certain improvements 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 sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance
Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract 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 Three hundred eighty six thousand four bundrod
twenty six and 09/.100----------------------------------------------------
------------------------------------------------ ($ 386.426.09 )
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, 4Pon, 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 inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns .in
any suit brought upon this bond.
CORPORATE ACKNOWLEDGMENT NO 202
California 6th June Ig92 before me,
State o� On this the _____day of _ .
SS.
County of Santa Clara Diane Lee Nakashima
the undersigned Notary Public,personally appeared
Ttonica Alva
Y. personally known to me
wevmw-a e,e...e �>a proved to me on the basis of satisfactory evidence
e OFFICIAL SEAL UTANE LEE NAKASHIMA to be the person(s)who executed the within instrument as
or on behalf of the corporation therein
f NOTARY PUBLIC - ..;i.IFORNIAe
named.and acknowledged tome that the corporation executed It.
COUNTY Of SANTA CLARA
Comm. Exp. Aug. 17, 1993 WlTN my hand and offj¢i +l seal.
'!hut-►sn R'aRSRttifBi .... �
N y's Signature
7120 122 NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd • P.O.Boa 4625 0 WOodtand Milli.CA 91365-4625
5'1TA71E OF CALIFORNIA
COUNTY OF
Santa Clara
r 25th June 1992
On this ............ day of ..................................... in the year ............. before me,
D ianc. Lee Nakashima
.......................... ........... ........ ............. .. a NOTARY PUBLIC in and for said
(Notary's Name)
A. James lilam
State, personally appeared ................................................................. personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney-in-
OFFICIAL SEAL fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
A + DIANE LEE NAKASHWA ' edged to me that he (she) subscribed the name of THE OHIO CASUALTY
rse NOTARY 6HBlK -- �..,,I�UAMIA= INSURANCE COMPAN"ereto as Surety and his (her) own name as
�' COW" or $AMA C4ARA = attorney-in-fact.
AComm. Exp. Aug. 17. 1993 �. ,�:.4 ..... 5......`.�.::;:(e. ..✓ ... ......�.t.........::�,�
Notary Public in and for said State
MyCommission Expires.................................................
01
S-4828
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 25th day of June 1992
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required.) The Ohio Casualty Insurance Company
Surety
�'A
By: � _
Attorne in-Fact
The above bond is accepted and approved this day of
19
t
P
i
6/17/85
�arrfls
CERTTFTEI9 COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
°r HOME OFMCL HAK111TON,OH10
No. 25-074
Tinato All fen bo 4:4fst 11i4senle- That THI• 01-11i., CA VAI`I'Y COMPANY. in pursuance
(it authority grant<:d by Article VI, Section 7 of the By-Laws of said Cor-panc-. .ices hereby noinin.(te, constitute an„ appoint:
Dennis J. Woodard or Edward W. Williams
orA. JamesUlam - - - - - - - - - - - - - - - - - - - tit San Jose, California - - -
its true and lawful agent and attornr.v -in-tact, to make, execute, tic tl n3 deliver for and on its behalf as surety, and as
its act and deed anv and all BONDS, UNDERTAKINGS, and RFCC?C,N17ANC F;, not exceeding in any suet,r ins:ancr
FIVE MILLION - - - - - - - - - - - - - - - - - - - (s5,000,000.00 - - Dollars,
excluding,however, any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon
And the execution of such bonds nr undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and ampply, to all intents and purposes, as if they had been duly executed and acknowledged by the reguiarfy
elected officers of the Comrarny at its office in Hamilton,Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous :authority heretofore granted the above named attorneyis)-in-fact.
e.1[11.11► In WITNESS WHEREOF, the undersigned officer of the said The Oiain Casualty
j Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said The Ohio Casualty Insurance Company this 28th ciao of December 19 88.
SEAL =o
~b11!
........................... ...............................................................................................
Assistant Secretary
STATE OF OHIO, SS.
COUNTY OF BUTLER �
On this 28th day of December A. D. 19 $$ before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Kohn B. Vail, Assistant' Secretary of THE OH10 CASUALTY INSURANCE COMPANY, to me personally known to he the
individual and officer cfescrihed in, and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the. said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed nav Official
�o, t Seal at the City-of Hamilton.State of Ohio,t and year first above written.
-' Notary Pub is in : tit of Butler,State of C)hio
My Corninission expires............A c.ember.....25.,._.1.991_.
This power of attorney is granted under and by authority of Article VI. Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954,extracts from w!ii.h react:
"ARTICLE VI"
",Section 7. Appnintrnent of Attorney-in-Fact, etc. The chairman of the board, the president, anv vice-president, the
secretary or any assistant secretary shall be and is hereby vested With full power and authority to appoint attorneys-in-faet
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal,. acknowledge
and deliver any and all bond;, recognizances, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or, any official board nr boards of county or state, or the United States of America, or to any other political sub-
division."
Phis instrument is signed and sealed by facsimile as authorite.l by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RL'SOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney :and the seal of the Company ntay be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
C1:R•T•IFICATF
1, the undersigned Assistant Secretary of The Ohio Casualty Irnurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this(late.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 2501 day of June A.D., 19 92
M11211
•SEAL
Assistant Secretary,
S-4300-C 4-88 15M
CORPORATE ACKNOWLEDGMENT NO.202
State of California _ On this the 26thday of _Tune 19 92,before me,
SS.
_County of
Santa Clara Diane Lee Nakashima
the undersigned Notary Public,personally appeared
F,onica Alva
X personally known to me
proved to me on the basis of satisfactory evidence
OFFICIAL SEAL to be the person(s)who executed the within instrument as
1s DIANE LEE NAKASHiMA w Secretary _—___or on behalf of the corporation,herein
1. NOTARY rueuc named,and acknowledged to me that the corporation executed it.
�Y
COUNTY o1= SANTA C6A0.A � WITN my hand and offi I seal.
g►l ;.
g Comm. Exp. Aug. 17. 1993
ii�'`ea'a"':wRt:etttettt:t�`!�1!t+�tt % _�'[, �J /_�(�!�"""�'�--�1.✓`
°� Notary's Signature
7120122 NATIONAL NOTARY ASSOCIATION a 23012 venture Blvd. a P.O.Box 4625 0 Woodland Hills CA 91365.4625
STME OF CALIFORNIA
COUNTY OF Santa Cara
25th Tune 1.992
' On this ..........,, day of ..................................... in the year ............, before me,
Diane Lee Nakashir.►a
............. . a
.................. ..... .. NOTARY PUBLIC in and for said
(Notary's Name)
State, personally appeared ....A.. .James *,lam
.............................................. personally
known to me (or proved to me on the basis of satisfactory evidence) to be
z-4.. ,the person whose name is subscribed to this instrument as the attorney-in-
OFFICIAL SEAL tfact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
$ i' DIANE LEE NAKASHIMA ;edged to me that he (she) subscribed the name of THE OHIO CASUALTY
�* «osesr ovauc _ -INSURANCE COMPANYA. ereto as Sure and his (her) own name as
'�� COUNTY O9 SANTA CLARA attorney-in-fact.
Comm,' Comm. Exp. Aug. I7, 1993 �:.�. t?4t'..,. ..�`:��..a................................i.�..`.. ..��_
` "°°0°'P7 Notary Public in and for ®aid State
NiyCommission Expires..........................................................
ti
S-4828
/ FAITHFUL PEUORMANCE BOND
Bond No. 3-012-638
KNOW ALL MEN BY THESE PRESENT'S: Premium: $3,246.00
THAT WE, EL CAMINO PAVING, INC.
as Principal and The Ohio Casualty Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Three hundred eighty six thousand four hundred twenty six & 09/llwllars
($ 386,426.09 ) lawful money of the United Sates, for the payment
of W►1iC11 will and truly to be made, we bind ourselves, ou:- heirs, executors,
successors and assigns, joinCly and severally, firmly by •_hose presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated June 15, 1992
with the ObLigee
to do and perform the following work to-wit:
Annual Overlay & Pavement Restoration, Project 92•-101
WOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; othe noise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 2.5th day of June 1992
(To be signed by Principal
and Surety and acknowledgment . )
Principal
The Ohio Casualty Insurance Company
Surety y
By: Lam_C2=� c✓
At-torn -in-Fact
19
above bond is accepted and approved this day of _,
CERTIFIED COPY OF POWER OF ATTORNEY
TM OMO CASUALTY INSUIL4NCE COMPANY
HOME OFFICE,IMAMTON.OHIO
No. 25-074
Anofat �11 Men bU these f reeenfe: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Dennis J. Woodard or Edward W. Williams
orA. JamesUlam - - - - - - - - - - - - - - - - - - - of San Jose, California - - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS,and RECOGNIZANCES, not exceeding in any single instance
FIV� MILLION - - - - - - - - - - - - - - - - - - - - - - - (; 5,000,000.00 - -) Dollars,
excluding,however,any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these ppresents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been du i
iy executed and acknowledged by he regularly
elected officers of the Company at its office in Hamilton,Ohio,in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(syin-Fact.
„ttI& In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said The Ohio Casualty Insurance Company this 28th day of December 19 SD.
SEAL Id
01 e
.......................... ...............................................................................................
STATE OF OHIO, SS
Assistant Secretory
COUNTY OF BUTLER }
On this 28th day of December A. D. 19 88 before
the subscriber, a Notary Public of the State of Ohio, in and fir the County of Butler, duly commissioned and qualified, came
John B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the
individual and officer descril ed in, and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN T..STIMONY WHEREOF, I have hereunto set m band and affixed my Official
u4 Seal at the City of Hamilton,State of Ohio,t and year first above written.
8 '
: a s
•: O
B,�? '��` Notary Pub is in nt of Butler,QState o Ohio
p e .
�iptewt My Commission expires...........D cembel"...2 .�....��4L.v..
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954,extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretar/ shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 25th day of JunEA.D., 19 92
�il.lfl:{
f
e�
SEAL��
o °
BID PROPOSAL
• ANNUAL OVERLAY AND PAVEMMT RESTORATION
PROJECT 92-.101
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the
Annual Overlay and Pavement Restoration Project in the City of
Cupertino, Project 92-101 I, the undersigned, hereby declare that I have
read the proposal requirements, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work
required to complete the work in accordance with the Plans and
Specifications for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not
limited to, local state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Annual Overlay and
Pavement Restoration, Project 92-101 as described in the Special
Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
1. I shall be responsible for providing the City of Cupertino or its
agent, striping quantities pertaining to removal, no later than 4:00
P.M. on each calendar day of the project.
2. Within two (2) hours after each street has been overlayed, I shall be
responsible for accurately locating and placing temporary
centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely
limited to these patterns or legends as shown in the Standard Plans
A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-26 & 2-27, and the
Project Plans. Bid Items 14.
If I fail to perform this portion of the job, I shall pay the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day for
that day, plus the sum of one hundred and fifty cellars ($150.00) for each
and every calendar day the temporary striping remains incomplete.
PROPOSAL PAGE 1 OF 9
BID PROPOSAL (Continued)
3. Seven days following the overlay of each street, I shall be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn lanes, left turn pockets, bike lanes, travel lanes,
limit lines (stop bars), legends, speed limits, and other striping not
solely limited to theses patterns or legends as shown in the Standard
Plans A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-26 & 2-27,
and the Project Plans. Bid Items 11-13.
I shall be responsible for providing the City of Cupertino or its agent,
striping quantities pertaining to installation, no later than 4:00 P.M. on
each calendar day of the project.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 69374 S.F. Pavement Restoration (44) $ 2. 08 /S.F. $ 144 ,297. 92
2. 18688 S.F. Pavement Restoration (6") $ 2. 81 /S.F. $ 52, 513.28
3. 3498 Ton Asphalt Concrete Pavement $32.18 /Ton $ 112,565. 64
4. 12562 L.F. Wedge Cut (Longitudinal) $ 0. 95 /L.F. $ 11 , 933. 90
5. 866 L.F. Wedge Cut (Transverse) $ 2. 80 /L.F. $ 2, 424 . 80
6. 49 EA. Adjust Manhole to Grade $200. 00 /EA. $ 9,800.00
7. 32 EA. Adjust Box to Grade $ 75.00 /EA. . $ 2,400.00
S. 274396 S.F. Pavement Fabric $ 0. 10 /S.F. $ 27,439.60
9. Remove Traffic Striping
1000 L.F. City Detail 23C $ i _ 3n /L.F. $ 1 .300.00
PROPOSAL PAGE 2 OF 9
BID PROPOSAL CONTINUED:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
10. 3 EA. Remove Blue Pavement $ 3.00 SEA. $ 9.00
Markers
11. Install Traffic Striping
1350 L.F. 4" white $ 0.25 /L.F. $ 337.50
2515 L.P. 12" white $ 0.75 /L.F. $ 1886.25
4090 L.F. State Detail 39 $ 0.50 /L.P. $ 2045.00
660 L.F. State Detail 38 $ 0.50 /L.P. $ 330.00
1800 L.F. City Detail 39AC $ 0. 35 /L.F. $ 630.00
3570 L.F. City Detail 23C $ 0. 80 /L.F. $ 2856. 00
12. Install Painted Traffic Legends
6 EA. Type IV (1) Arrow $ 15.00 /EA. $ 90.00
2 EA. Ahead $ 55.00 /EA. $ 110.00
6 EA. Keep Clear $ 95.00 /EA. $ 570. 00
2 EA. 35 $ 25.00 /EA. $ 50.00
2 EA. 25 $ 25.00 /EA, $ 50.00
2 EA. 30 $ 25. 00 /EA. $ 50.00
19 EA. Stop $ 45. 00 /EA. $ 855. 00
1 EA. Ped $ 35. 00 /EA. $ 35 .00
1 EA. Xing $ 45.00 /EA. $ 45 .00
13. 5 EA. Install Blue Pavement Markers $ 7. 00 /EA. $ 35.00
14. L.S. Traffic Striping Layout $ 1 ,500. 01L.S. $1500.00
15. 207 Tons Deeplift Installation $ 4 9.6(/TON $10,267 .20
TOTAL BID $ 386.426,09
PROPOSAL PAGE 3 OF 9
I, the undersigned agree that if this proposal is accepted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the manner and time specified.
I, the undersigned declare that this bid is made without connection
with any person, firm, or corporation making a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned recognize that the Director of Public works of
the City of Cupertino will reserve the right to establish =:he priority of
one job 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 Laor 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 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, big' bond, or surety, payable to the City of Cupertino, in the
amount of $ 30% 05- B rn , which amount represents ten percent (10%) of
the total amount of the bid as required by law and this Notice to
Contractors.
PROPOSAL PAGE 4 OP 9
NONCO.'.I.USION A"IDAVIT TO SE EXECUTED BY
13IDDER AM SUBMITTED WITH BID
1, the undersigned, being first duly sworn, deposes and says that I
am
VICE-PRESIDENT of EL CAMINO PAVING, INC.
(business title) (business name)
the party :raking the foregoing bid, that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine
and not collusive or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed - contract. All
statements contained in the bid are true and, further, the bidder has not,
directly or indirectly, submitted the bid price or any breakdown thereof,
or contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Proposal Page 5 of 9
BIDDER Q9ALIFICATION FORM
c
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
years.
Our experience in work comparable w3:th that required by the proposed
contract is 16 years operating under our current business nacre.
Our experience in work comparable with that required by the proposed
contract is years operating under the following different
name(s) .
My California Contractor's License Number is 329094
The classification of my Contractor's License is C-12
The expiration date for my Contractor's License is JUNE 30, 1924
#**A#*A*A#AARR*#R*A#A*A*w*AA#*AARA#AARA#A#AA####***AA*#*#####**A##AA####**#
* (This Section for City use Only)
* The above information has been verified by
on
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
*#RA#A##AA##AAA*#A#*A*Af#AA#AA#AAA#AA*#*R#AA*A*A#R#AR*##*A#A**#*###*#***###
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.
Proposal Page 6 of 9
BIDDZR BISTQR? or WR
The following is an example of work similar in character to that
required in the proposed contract which our organization or personnel in
our organization has completed within the past three(3) years.
Year Location Class For Whom Performed Phone Number Amount
"SEE ATTACHED"
Proposal Page 7 of 9
ECP EL CAMINO PAVING, INC.
GRADING and PAVING
v P.O. BOX 62319 • SUNNYVALE, CA 94088
415-965-7283 FAX 415-965-7357
Cont. license No.329094
Ili i I I= C-011PANY hdAhlE,
(JF L(A l l i)(A , W.)URESS, ,TOE CONTRACT
(A)HPLE I ION I-'Iil)IUL HI)hil+ER DESCRIPTION AMOUNT
1 I )1 J Hlr_WL L J i I-'f-)CI<ARD PATCH PAVE $134, E 32. 00
Plk. hkULE LLLLNKA PEI ROMAT/
;.:,301 S ILVEI'-IS (.,REEK BLVD. OVERLAY
SH1'1 1 A L.-i-IRA, LH ):J!JJ!J
41)o -1,11)4
tJ13/J1_) LOC:KHEED MiSSIL. l SPACE PETROMAT/ $333, 663. 60
HR. E'RESTON PRITC:HAl<D OVERLAY
P. O. L,'IJX ::;504 SLURRY SEAL
;31)1` 4YWiLE, L:A 94088-3 5j04
41_J11i`It.c:4-6(-)64
I I kU!'J 1 US PATCH PAVE $ 3 H, 000. 00
HI_! EiA FOSTER PF_TROMAT
c91J�J PATRICK HENRY DR. OVERLAY
SON A t:Li•ikA, LA
4!J8/':J80 t_J81 1
I-ilE l F 1 L bWi A EL_LCTR I C (3RAD I NG R $ 37, 408. 00
Pik. IHUMHS COPRIVIZA PAVING
1(),_) ML 1 CALF ROAD
COYO I E, CH 'JtD 138
AI V'1 AIV LNG 1 IJE_E R 1 NG, INC. NEW PAVING $1 1 , 41 1. 14 +
Nk. 1H(;K L-_":illl_L_
I:iaP I'i Ul- AVENI IE
4uS/':j46-::.6
EAS I S I DL UNION SCHOOL D I ST. $149, 202. 00
MR. 0006 OWEN PATCH-PAVE
b3i:J fJ. t.AP 11 UL AVENUE
SAKI JOSE, CA 133 VARIOUS SCHOOLS
40b/c7.'-6413
OAI; GROVE SCHOCJL D I ST. PATCH PAVE $ 79, 664. 00
MR. Jl)l)IV HAI(HOP OVERLAY
6678 SAI'41A IERLSSA BLVD.
SAI`J JUaE, CA 119
408/LIE 7-83(uCJ
116 1 HANILTC.JN h HAMIL-I'ON SHEET PAVE, $ 16, 415. 00
11H. L_ES HAMILTON PETROMAT-
1419 Nl)RIH 10th STREET OVERLAY
5HN JUSE, CA 13::;11
408/:_9b-4Oa'b
i191'JI S. L. A. C. FACILITIES #4 GRADING/PAVING $ 39, 620. CJ0
MR. BEN GUUDMAN
P. U. EOX 434'J PATCH PAVE J3 $ 80, 880. 00
sr"!VFLiRD, C.A 94305 PET ROMAT
_ 4 i'-;/9:_F-469. OVERLAY
1!J/ ii SAN JOSL/EVERGkE LN PATCH PAVE, $ 53, 989. 00
I;()MM11NI lY COi I F-6_ DIST. SEALING &
MR. 1 AN Ahl.E OVERLAY
4/tjO SAN I-FL I t='1= RD.
SAN JOSE_, CA 9t1135
4f)8/2'-)6 181
SUBCONTRACTOR'S FORM
The subcontractor(a), as defined in the General Provisions and in
Section 7026 of the California Busineso 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(0.58) of the total bid are listed
below. Only those listed below shall perform work on this project and
each of them has been provided with a full and complete set of plans and
specifications for this project by the bidder.
1. Name ANRAK CORPORATION
Address '781 OLD COUNTRY ROAD, SAN CARLOS, CA 94070
Work to be Performed GRINDING
2. Name BAY PARKING LOT SERVICE
Address P.O. BOX 2570, SUNNYVALE, CA 94087
Work to be Performed STRIPING
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 8 of 9
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 ARo 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 EL CAMINO PAVING, INC .
CO-PARTNERSHIP:
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder:
r ` (Pri Type Name) CHARLES TOVAR
\1
Date: JUNE 9, 1992
Address(mailing & location) : 924 SAN RAFAEL AVENUE
: MOUNTAIN VIEW, CA 94043
Telephone Number : (415) 9 6 5--7 2 83
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
BID PROPOSAL
ANNUAL OVERLAY AND PAVEMENT RESTORATION
PROJECT 92-101
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the
Annual Overlay and Pavement Restoration Project in the City of
Cupertino, Project 92-101 I, the undersigned, hereby declare that I have
read the proposal requirements, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work
required to complete the work in accordance with the Plans and
Specifications for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not
limited to, local state and federal taxes, and transportation costs.
1, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal„ to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Annual Overlay and
Pavement Restoration, Project 92-101 as described in the Special
Provisions.
In the event of discrepancies between the written uni : price and the
numerical unit price, the written price shall govern.
1. 1 shall be responsible for providing the City of Cupertino or its
agent, striping quantities pertaining to removal, no later than 4:00
P.M. on each calendar day of the project.
2. Within two (2) hours after each street has been overlayed, I shall be
responsible for accurately locating and placing temporary
centerlines, two-way barrier, twa-_aay left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely
limited to these patterns or legends as shown in the Standard Plans
A20(A,B,C) , A-24(A,B,C,r), City Standard Details 2-26 & 2-27, and the
Project Plans. Bid Items 14.
If I fail to perform this portion of the job, I shall pay the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day for
that day, plus the sum of one hundred and _fifty dollars ($150.00) for each
and every calendar day the temporary striping remains incomplete.
PROPOSAL PAGE 1 OF 9
BID PROPOSAL (Continued)
3. Seven days following the overlay of each street, I shall be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn lanes, left turn pockets, bike lanes, travel lanes,
limit lines (stop bare), legends, speed limits, and other striping not
solely limited to these patterns or legends as shown in the Standard
Plans A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-26 & 2-27,
and the Project Plans. Bid Items 11-13.
I shall be responsible for providing the City of Cupertino or its agent,
striping quantities pertaining to installation, no later than 4:00 P.M. on
each calendar day of the project.
If I fail to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
BID .EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 69374 S.F. Pavement Restoration (4") $ _/S.F. $
2
2. 18688 S.F. Pavement Restoration (6") $ =/S.F. $
3. 3498 Ton Asphalt Concrete Pavement $ 3'?97 /Ton $ 0 �n ! 2L
4. 12562 L.F. Wedge Cut (Longitudinal) $ 110- /L.F. $ 3 gIS Lo
5. 866 L.F. Wedge Cut (Transverse) $ -7 ks A.F. $ ��2(4
6. 49 EA. Adjust Manhole to Grade $ 3 /EA. $ 2 ICI 'c
7. 32 EA. Adjust Box to Grade $ Z3( /EA. $ '7 392
8. 274396 S.F. Pavement Fabric $ a 00 /S.F. $ Zq `739
9. Remove Traffic Striping
1000 L.F. City Detail 23C $
/L.F. $ L
PROPOSAL PAGE 2 OF 9
BID PROPOSAL CONTINUED:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
10. 3 EA. Remove Blue Pavement $ /0 f
/EA. $ 3c) _
Markers
11. Install Traffic Striping
1350 L.F. 4" White $ . 23 /L.F. S 1 O
2515 L.F. 12" White $ t iD /L.F. $ Z"1 L L'-®
0
4090 L.F. State Detail 39 $ $.9 /L.F. S ! 44S
660 L.F. State Detail 38 $ . sCt
1800 L.F. City Detail 39AC $ � 2"1 /L.F. $ Ll X
3570 L.F. City Detail 23C 0 /L.F. $ 'L : 4?
12. Install Painted Traffic Legends
to
6 EA. Type IV (1) Arrow $ 2��'® /EA. $ (L41
2 EA. Ahead $ 41
04 oa- /EA. $ ��-
cm o0
6 EA. Keep Clear $ /EA. $ 5
2 EA. 35 $ ,�{ /EA. $ 3$
_ W 3d. No
2 EA. 25 $Iq_/EA. $ S O
2 EA. 30 $ 19 - /EA. $ (00
00
19 EA. Step $ /EA. $ (oOS -
� o0
1 EA. Ped $ y4 P /EA. $ 2.
1 EA. Xing $ 2.$ /EA. $ 7=
13. 5 EA. Install Blue Pavement Markers $ ( C3� /EA. S L3;t3
1'so o?
14. L.S. Traffic Striping Layout $_ `/00'/L.S. $ O�
15. 207 Tons Deeplift Installation $ So /TON $ /3 ® Q YKK370
TOTAL BID
IT3.. S
PROPOSAL PAGE 3 OF 9
92-009 ANNUAL OVERLAY PAVEMENT RESTORATION 2 of 3
PROJ. 92-101
I, the undersigned agree that if this proposal is accepted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the manner and time specified.
I, the undersigned declare that this bid is made without connection
with any peuson, firm, or corporation making a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned recognize that the Director of Public works of
the City of Cupertino will reserve the right to establish the priority c`
one job 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 Laor 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 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, bi' bond, Q' qr ty, payable to the City of Cupertino, in the
amount of $ , which amount represents ten percent (10%) of
the total amcknt of tie bid as required by law and this Notice to
Contractors.
PROPOSAL PAGE 4 OF 9
e NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDEL AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, deposes and says that I
am
� o f
(business title) ( usiness name)
the party making the foregoing bid, that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine
and not collusive, or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract. All
statements .contained in the bid are true and, further, the bidder has not,
directly or indirectly, submitted the bid price or any breakdown thereof,
or contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Proposal Page 5 of 9
BIDDER QUALIFICATION FORK
1
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 for1.3
w
years.
Our experience in work comparable with that required by the proposed
contract is _�� years operating under our current business name.
Our experience in comparable with that required by the proposed
contract is years operating under the following different
name(s). if
A/IA
My California Contractor's License Number is 3 I,O&
The classification of my Contractor's License is A �
The expiration date for my Contractor's License is q- 13- q 3
* (This Section for City use Only)
* The above information has been verified by
on
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with
the laws of the State of California, however, at the time the contract is
awarded the contractor shall be properly licensed.
Proposal Page 6 of 9
SIDD-M HISTO W of fH
The following is an example of work similar in character to that
required in the proposed contract which our organisation or personnel in
our organisation has completed within the past three(3) yeas.
Year Location Class For Whom Performed Phone Number Amount
1991 - SECOND HARVEST (408) 286-9170
1992 SAN JOSE FOOD BANK
$800,000,00
1992 STANFORD STANFORD
UNIVERSITY (415) 725-3400
E35Q,000.00
1992 STANFORD STANFORD
UNIVERSITY ( 415) 725-3400 $340, 000.00
1991 - KAISER HOSPITAL ( 415) 572-1919
1992 SAN JOSE RUDOLPH & SLETTEN $137, 505.00
Proposal Page 7 of 9
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in
Section 7026 of the California Business and Professions Code, that Y
propose to hire to perform any of the work for this project in an amount
in excess of one-half of one percent(0.5%) of the total bid are listed
below. Only those listed below shall perform work on this project and
each of them has been provided with a full and complete set of plans and
specifications for
}} this project by the bidder.
1. Name
Address es f ey o` t `e v S t 0 c 2-1 3
Work to be Performed��Yt • e �� •�
2. Nam
e ,4y fr._
Address
Work to be Pe+ `ormed
3. Name
Address ef) _ Z� un ✓�.y �c�f-e. 7Y I' �'. 7
Work to be Perform d
4. Name
Address2-7 L �.pe,,r Ai, — 4Y7
Work to be Performed n C_
5. Name
Address
Work to be Performed
6. Name
Address
Work to be Performed
7. Name
Address
Work to be Performed
Proposal Page 8 of 9
---.NINON Segal
BIDDER'S SIGNATURE FORM
IF YOU AM AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A
CO•-FAERSHIP, 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
^U:INESS NAKE OF BUSINESS
CORPORATION le- h t.
CO-PARTNERSHIP:
:y INDIVIDUAL
JOINT VENTURE
OTHER
De
Name and Signature of Bidder:
r t or Type ame)
�. .c
L4
Date: Z-
Address(mailing & location) Q
�j-
^�:elephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
aiwr+
C I T Y O F C U P 8 R T I N 0
DEPARTMENT OF PUBLIC WORKS
CALL FOTt BIDS
SPECIFICATIONS FOR
ANNUAL OVERLAY AND PAVEMENT RESTORATION
PROJECT 92-101
TUESDAY
JUNE 9,1992
2:00 P.M.
Bert J. Viskovich
Director of Public Works
City Hall
10300 Torre Avenue
Cupertino, California
95014
Files 98,493.43
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. BID DOCUMENTS
1. Notice to Contractors
2. Proposal
B. GENERAL PROVISIONS
1. Adoption of Standard Specifications
2. Headings and Citations
3. Definitions
4. Prosecution and Progress
5. Control of Work
6. Legal Relations and Responsibilities to the Public
7. Proposal and Award of Contract
C. SPECIAL PROVISIONS
1. Location
2. Scope of Work
3. Traffic Control
4. Maintaining Traffic
5. Notification of Residents
6. Inspection and Inspection Costs
7. Public Convenience and Safety
8. Quantities
9. Explanation of Bid Items
10. Time of Completion/Liquidated Damages
11.1 Water
12. Liquidated Damages for Traffic Striping
13. Preconstruction Meetings
14. Removal and Disposal of Material
15. Noise Control
16. Payment
D. TECHNICAL PROVISIONS
.1. Section 100: Asphalt Concrete
2. Section 103: Adjusting Existing Facilities to Grade
3. Section 104: Wedge Cut
4. Section 105: Repair of Failed Pavement
E. SIGNATURE SHEET
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
ANNUAL OVERLAY AND PAVEMENT RESTORATION, PROJECT 92-101
The City of Cupertino, Santa Clara County, California, invites sealed
proposals for the construction of the work as delineated on the Flane or in
the Specifications, entitled, ANNUAL OVERLAY AND PAVEMENT RESTORATION,
PROJECT 92-101.
Said Sealed proposals will be received at the office of the City Clerk,
City Hall, 10300 Torre Avenue, City of Cupertino, California, until 2:00
P.M. _ Tuesday June 9, 1992 ,at which time they will be publicly
opened and the comparative totals read.
All bids received will be reported to the City Council of Cupertino within
thirty (30) days of receipt, at which time the Council will review and act
upon the bids submitted. Award, if any, will be to the lowest responsible
bidder.
Payment 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 materials or workmanship required by the Contract. Pursuant to
Section 4590 of the California. Government Code, the Contractor will be
permitted, at its request and 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.
All proposals or bids shall be accompanied by a cashier's or certified
check payable to the order of the City of Cupertino, amounting to ten (10)
percent of the bid, or by a bond in said amount_ and payable to said City,
signed by the bidder and a corporate surety, or by the bidder and two
sureties who shall justify before any officer competent to administer an
oath, in double said amount and over and above all statutory exemptions.
Said check shall be forfeited or said bond shall become payable t� the City
in case the bidder depositing the same does not, within ten (10) days after
written notice that the contract has been awarded to him, enter into a
contract with the City.
Notice to Contractors, Page 2
Contractor shall furnish to City a faithful performance bond and a labor
and material bond as required in said specifications.
It shall be mandatory upon the Contractor to whom the contract is awarded,
and upon all subcontractors under him, to pay not less than said general
prevailing rates of per diem wages to all laborers, workmen, and mechanics
employed in the execution of the contract.
All bids shall be compared using the estimate of quantities prepared by
the Engineer of Work and the unit prices submitted. No incomplete or
irterlineated proposal or bid will be accepted. Bidders are required to
bid on all items of the proposal.
No bid will be accepted from a contractor who has not been licensed in
accordance with the provisions of Chapter 9 of DLvision 3 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 classif. ation of license.
Special attention of bidders is directed to section 6 for full directions
as to bidding.
Plans, Specifications and Contract Documents may be reviewed and copies of
same may be obtained at the office of the City Engineer, City Hall,
Cupertino, California, upon deposit therefor of $5.00 per set, none of
which deposit will be refunded.
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.
CITY OF CUPERTINO
Date: f 9 By
Cit Clerk
Publish:
May 20,1992
May 27,1992
BID PROPOSAL
ANNUAL OVERLAY AND PAVEMENT RESTORATION
PROJECT 92-101
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the
Annual Overlay and Pavement Restoration Project in the City of
Cupertino, Projt4ct 92-101 I, the undersigned, he=eby declare that I have
read the proposal requirements, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work
required to complete the work in accordance with the Plans and
Specificatione for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not
limited to, local state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for cemparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be dose consists of furnishiiig all labor, methods of process,
tools,, machinery and material required to complete the Annual Overlay and
Pavement Restoration, Project 92-101 as described in the Special
Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
1. I shall be responsible for providing the City of Cupertino or its
agent, striping quantities pertaining to removal, no later than 4:00
P.M. on each calendar day of the project.
2. Within two (2) hours after each street has been overlayed, I shall be
responsible for accurately locating and placing temporary
centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely
limited to these patterns or legends as shown in the Standard Plans
A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-25 & 2-2?, and the
Project Plans. Bid Items 14.
If I fail to perform this portion of the job, I shall pay the City of
Cupertino the sum of one hundred and fifty dollars ($150.00) per day for
that day, plus the sum of one hundred and fifty dollars ($150.00) for each
and every calendar day the temporary striping remains incomplete.
PROPOSAL PAGE 1 OF 9
HID PROPOSAL (Continued)
3. Seven days following the overlay of each street, I shall be
responsible for installing permanent centerlines, two-way barrier,
two-way left turn lanes, left turn packets, bike lanes, travel lanes,
limit lines (stop bars), legends, speed limits, and other striping not
solely limited to these patterns or legends as shown in the Standard
Plans A20(A,B,C), A-24(A,B,C,D), City Standard Details 2-26 & 2-27,
and the Project Plans. Bid Items 11-13.
I shall be responsible for providing the City of Cupertino or its agent,
striping quantities pertaining to installation, no later than 4:00 P.M. on
each calendar day of the project.
If I fa=.l to perform this portion of the job on the seventh day, I shall
pay the City of Cupertino the sum of one hundred fifty dollars ($150.00)
per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every calendar day the permanent traffic striping remains
incomplete.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's assigned,
successors, and sureties shall be liable to the City for any excess.
Completion of entire project 45 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
1. 69374 S.F. Pavement Restoration (4") $ z S 00 /S.F. $
�v (10
2. 18688 S.F. Pavement Restoration (6") $ .3 /S.F. $ 5 9 ko/
3. 3498 Ton Asphalt Concrete Pavement S 36 yb /Ton $ 1 7 3.�7 2Q
4. 12562 L.F. Wedge Cut (Longitudinal) $ / /L.F. $
5. 866 L.F. Wedge Cut (Transverse) $ _/L.F. $ a s9
6. 49 EA. Adjust Manhole to Grade $ 02�j 0 /EA. $
r
32 EA. Adjust Pox to Grade $ /EA. $ y60
S. 274396 S.F. Pavement Fabric $ Q o9 /S.F..
9. Remove Traffic Striping
3d
1000 L.F. City Detail 23C $ /L.P. $ ! 30y
F
PROPOSAL PAGE 2 OF 9
BID PROPOSAL CONTINUE
BID EST. QTY.
ITEM UNIT ITEM UNIT PRICE TOTAL
10. 3 EA. Remove Blue Pavement $ 02 /EA. $ r
Markers
11. Install Traffic Striping
7,1
1350 L:F. 4" White $ Ci /L.F. $ a 5 7
7 55
2515 L.F. 12" White $ O _ /L.F. $ /S 3
0
4090 L.F. State Detail 39 $ 0 /L•P. $
660 L.F. State Detail 38 $ O yN /L.F. $
1800 L.F. City Detail 39AC $ O 3 /L.F. $ 5 Il
3570 L.F. City Detail 23C S O /L•P. $ c G
12. Install Painted Traffic Legends
6 EA. Type IV (1) Arrow /EA. $ �v L
2 EA. Ahead $ 5 g /EA• $ /!O
6 EA. Keep Clear $ j DO /EA. $ 400
2 EA. 35 $ /EA. S y y
2 EA. 25 $ -2-1 /EA. $ L
2 EA. 30 $ o? -1 / /EA. $I
19 EA. Stop $ c/ L/ //EA. $ g'3C.
1 EA. Ped $ 3 3 /EA. $ 33
1 EA. Xing $ yy /EA• $ y y
13. 5 EA. Install Blue Pavement Markers $ /EA. $ 36
14. L.S. Traffic Striping Layout $ lO 0 /L.S. $ IIO O
15. 207 Tons Deeplift Installation $ /TON $ /�Ga-7.
/
TOTAL BID $ S / 3j �!
PROPOSAL PAGE 3 OF 9
I, the undersigned agree that if this proposal is accepted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the manner and time specified.
I, the undersigned declare that this bid is made without connection
with any person, firm, or corporation making a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned recognize that the Director of Public Works of
the City of Cupertino will reserve the right to establish the priority of
one job over another and each starting date where conflict of construction
schedules occur.
I, the undersigned, am aware of the provisions of Section 3700 of
the Laor 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 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 /O S , which amount represents ten percent (10%) of
the total amount of the bid as required by law and this Notice to
Contractors.
PROPOSAL PAGE 4 OF 9
_ NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDEN AND SUBMITTED WITH BID
1, the undersigned, being firiot duly sworn, deposes and says that I
am
of
(business title) (business name)
tha party making the foregoing bid, that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine
and not collusive or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed
with any oidder or anyone else to put in a sham bid, or that anyone shall
refrain frcm 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 5 of 9
BIDDER 22NUFICATION 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 39
years.
Our experience in work comparable with that required by the proposed
contract is 3�; years operating under our current business name.
Our experience in work comparable with that required by the proposed
contract is 31:9 years operating under the following different
name(s) .
My California Contractor's License Number is
The classification of my Contractor's License is a
The expiration date for my Contractor's License is 61 13 ' 5 3
* (This Section for City use Only)
* The above information has been verified by
on
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
####*######**#*****##*#*************##************#****#*#***#*#***##**##**
Where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with
the laws of the State of California, however, at the time the contract is
awarded the contractor shall be properly licensed.
Proposal Page 6 of 9
BIDDER HIMM OF WOIM
The following is an example of work similar in character to that
required in the proposed contract which our organization or personnel in
our organization has completed within the past three(3) years.
Year Location Class For Whom Performed Phone Number Amount
Proposal Page 7 of 9
SUBCONTRACTOR'S PORN
The subcontractor(s), as defined in the Goner-al Provisions and in
Section 7026 of the California Business and Professions Code, that Z
propose to hire to perform any of the work for this project in an amount
in excess of one-half of one percent(O.St) of the total bid are listed
below. Only those listed below shall perform work on this project and
each of them has been provided with a full and complete set of plans and
specifications for this project by the bidder.
1. Name "'41V gA4 c
Address .S:2' CC✓/o 5
Work to be Performed nnWeA,+ Cu. d
2. Name �,� 4// ®a act 0 • /5
J
Address C, •JOS C _
Work to be Performed_/�-a
3. Name r �ir�a fI`�•/G Lv 5�.�//C e
Address n����tt ��{•
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 8 of 9
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,
STATES 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
APPROPRIA2E BUSINESS TYPE.
TYPE OF
BUSINESS MAKE OF BUSINESS
CORPORATION tJat.CO-PARTNERSHIP:
INDIVIDUAL
_
INDIVIDUAL
JOINT VENTURE
OTHER
• ( escribe) 'J
Name and Signature of Bidder: W.B•/G i". !j>U )6_
(Print or Type Name)
Date: Co-9'�9a
Address(mailing & location) a?S/3 4C)y4n&6de 64 -
Telephone Number
Acknowledgement of all addenda received is required by circling each
addendum number.
1 2 3 4 5 6 7 8 9 10
Proposal Page 9 of 9
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 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 cf 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 16
GENERAL PROVISIONS(Cont'd)
a. Noise Control(Cont'd)
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 underg:•c-ind 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 and service equipment enclosure shall be provided by the
Contractor on projects where traffic signals are constructed or modified
in any way. These pl,- s 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 (.�f 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.
General Provisions page 2 of 16
GENERAL PROVISIONS(Continued)
e. Suspension of the Contract(Cont'd)
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 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 contract 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 quebtion 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.
General Provisions Page 3 of 16
GENERAL PROVISIONS(Continued)
f. Time of Comaletion and Liquidated Damages(cont'd)
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 tha 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.
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 6-1.04 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,
o: by any act of the City, not contemplated by the contract, an extension
of time commensurate with the delay in completion of the work this caused
will be granted and the Contractor shall be relieved from any -laim for
liquidated damages or engineering and inspection charges or other
penalties for the period covered by such extension of time.
General Provisions Page 4 of 16
GENERAL PROVISIONS(Continued)
f. Time of Completion and Liquidated Damages(Cont'd)
The Contractor shall notify the Engineer in writing of the causes of delay
within fifteen(IS) 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 0-1.09 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 State Standard
Specifications Section 8-1.07.)
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
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 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 dunt 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 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 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.
General Provisions Page 5 of 16
GENERAL PROVISIONS(Continued)
E. Inspection(Cont'd)
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($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. )
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.
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 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 Service Alert (USA)
forty-eight(48) hours in advance of any work at (800) 642-2444.
General Provisions Page 6 of 16
• f. Utilities(Cont'd)
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.
Wator 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 discharg;ng such lien,
including all costs and a reasonable attorney's fee.
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 enshrouds, 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.
General Provisions Page 7 of 16
GENERAL PROVISIONS(Continued)
b. Insurance _ Public Liability and Property Damage(Cont'd)
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 S 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 monies due the Contractor. If the Contractor
fails to maintain such insurance, the City may takeout 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 Standard Specifications
Section 7-1.12. ) .
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.
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. Resolution of Construction Claims
This section applies to all public works claims of three hundred
seventy-five thousand dollars($375,000.00) or less which arise between a
contractor and the City. This section shall not apply to any claims
resulting from a contract between a contractor and the City when the City
has elected to resolve any disputes pursuant to Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2 of the Public Contract Code.
General Provisions page 8 of 16
MOMMMOMMEMMOMMMMMMMENMR
GENERAL PROVISIONS(Continued)
e. Resolution of Construction Claims(cont'd)
This section applies only to contracts entered into on or after January
1, 1991 and shall remain in effect only until January 1, 1994, and as of
that date is repealed, unless a later enacted statute, which is enacted
before January 1, 1994, deletes or extends that date. As stated in
subdivision (c) of Section 20104 of the Public Contract Code, any contract
entered into between January 1, 1991 and January 1, 1994, which is subject
to this section shall incorporate this section. '.'.•o that end, these
contracts shall be subject to this section even if this section is
repealed.
The term "Public Work" has the same meaning as in Section 3100 and 3106
of the Civil Code.
The term "Claim" means a separate demand by the Contractor for (1) a
time extension, (2) payment of money or damages arising from work done by
or on behalf of the Contractor pursuant to the contract for a public work
and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (3) an amount the payment of
which is disputed by the City.
For any claim subject to this section, the following requirements
apply:
1. The claim shall be made in writing and shall include the documents
necessary to substantiate the claim. Claims must be filed on or before the
date of final payment. Nothing in this section is intended to extend the
time limit or supersede notice requirements otherwise provided by contract
for the filing of claims.
2. (a) For claims of less than fifty thousand dollars($50,000.00) , the
City shall respond in writing to any written claim within forty-five(45)
days of receipt of the claim, or may request, in writing, within thirty(30)
days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the City may have against the
claimant.
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual agreement of
the City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within fifteen(15) days after receipt of
the further documentation or within a period of time no greater than that
taken by the claimant in producing the additional information, whichever is
greater.
3. (a) For claims of over fifty thousand dollars($50,000.00) and less
than or equal to three hundred seventy-five thousand dollars($375,000.00),
the City shall respond in writing to all written claims within sixty(60)
days of receipt of the claim, or may request, in writing, within thirty(30)
days of receipt of the claim, any addition documentation supporting the
claim or relating to defenses or claims the City may have against the
claimant.
General Provisions page 9 of 16
GENERAL PROVISIONS(Continued)
e. Resolution of Constriction Claims(Cont'd)
(b) If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual agreement of
the City and the claimant.
(c) The City's written response to the claim, as further documented,
shall be submitted to the claimant within thirty(3O) days after receipt of
the further documentation, or within a period of time no greater than that
taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
4. If the claimant disputes the City's written response, or the City
fails to respond within the time prescribed, the claimant may so notify the
City, in writing, either within fifteen(15) days of receipt of the City's
response or within fifteen(15) days of the City's failure to respond within
the time prescribed, respectively, and demand and informal conference to
meet and confer for settlement of the issues in dispute. Upon a demand,
the City shall schedule a meet and confer conference within thirty(30) days
for settlement of the dispute.
5. If following the meet and confer conference the claim or any portion
remains in dispute, the claimant may file a claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910)
of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes
of those provisions, the running of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits the
written claim pursuant to paragraph 1, above, until the time the claim is
denied, including any period of time utilized by the meet and confer
conference.
6. This article does not apply to tort claiw.9 and nothing in this
article is intended nor shall be construed to change the time periods for
filing tort claims or actions specified by Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
The following procedures are established for all civil actions filed to
esolve claims subject to this section:
1. Within sixty(60) days, but no earlier than thirty(30) days,
following the filing or responsive pleadings, the court shall submit the
matter to nonbinding mediation unless waived by mutual stipulation of both
parties. the mediation process shall provide for the selection within
fifteen(15) days by both parties of a disinterested third person as
mediator, shall be commenced within thirty(30) days of the submittal, and
shall be concluded within fifteen(15) days from the commencement of the
mediation unless a time requirement is extended upon a good cause showing
to the court or by stipulation of both parties. If the parties fail to
select a mediator within the fifteen(15) day period, any party may petition
the court to appoint the mediator.
2. (a) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
General Provisions page 10 of 16
GENERAL PROVISIONS(Continued)
e. Resolution of Construction Claims(Cont'd)
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of
1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of
Part 4 of the Cade of Civil Procedure) shall apply to any proceeding
brought under this section consistent with the rules pertaining to judicial
arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the
parties, arbitrators for purposes of this article shall be experienced in
construction law, and, upon stipulation of the parties, mediators and
arbitrators shall be paid necessary and reasonable hourly rates of pay not
to exceed their customary rate, and such fees and expenses shall be paid
equally by the parties, except in the case of arbitration where the
arbitrator, for good cause, determines a different division. In no event
shall these fees for expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, any party who after
receiving an arbitration award requests a trial de novo but does not obtain
a more favorable judgement shall, in addition to payment of costs and fees
under that chapter, pay the attorney's fees of the other party arising out
of trial de novo.
3. The court may, upon request by any party, order any witnesses to
participate in the mediation or arbitration process.
f. 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, and material or
equipment used in performing the work, or for injury car 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.
General Provisions page 11 of 16
GENERAL PROVISIONS(Continued)
f. Responsibility for Damages(Cont,d)
With respect to third party claims agains'_ 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
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.
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 8,
paragraph 6b, above ("Insurance - Public Liability and Property Damage") .
(See State Standard Specifications Section 7-1.12. )
General Provisions Page 12 of 16
GENERAL PROVISIONS(Continued)
g_ Workers Compensation and Unemployment Insurance
Prior to entering into the contract respecting this project, the bidder
to whom the contract is awarded shall furnish to the City satisfactory
proof that the bidder has a policy of workers, compensation and
unemployment insurance for its employees, that conforms to the provisions
of Division 4, commencing with Section 3200, of the Labor Code or of the
Unemployment Insurance Code, in effect for the entire period covered by the
proposed contract.
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 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(l) year from acceptance
of the project provided any deficiencies in the work have been corrected.
(See State Standard Specifications Section 3-1.02. )
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(10B) 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.
General Provisions Page 13 of 16
GENERAL PROVISIONS(Contirued)
d. Payment(Con't)
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 req-sired 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,
Subcontractors Form and Signature Form. The Contractor shall submit as a
minimum, the Notice to Contractors, Proposal, Bidder Qualification Form,
Subcontractors 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 bidder's 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.
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(108)
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.
cq. 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. )
General Provisions Page 14 of 16
GENERAL PROVISIONS(Continued)
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, e3tcept 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 prime Contractor
in the prime Contractor's bid.
General Provisions Page 15 of 16
GENERAL PROVISIONS(Continued)
INDEX
DESCRIPTION PAGE(S)
ADOPTION OF STANDARD SPECIFICATIONS 1
APPRENTICES(Prevailing Wages) 8
AUTHORITY TO DEVIATE FROM
THE APPROVED PLANS 5
COMPETENCY OF BIDDERS 13
CONSTRUCTION CLAIMS 8-11
CONTRACT BONDS 13
CONTRACTOR'S PAYMENTS 7
CONTROL OF THE WORK 5-7
DEFINITIONS OF TERMS 1
DUST CONTROL 5
EXECUTION OF CONTRACT 13
HEADINGS AND CITATIONS 1
INSPECTION 5,6
INSURANCE - PUBLIC LIABILITY
AND PROPERTY DAMAGE 7,3
INSURANCE - WORKERS COMPENSATION
AND UNEMPLOYMENT 13
LABOR NONDISCRIMINATION 8
LEGAL RELATIONS AND RESPONSIBILITIES
TO THE PUBLIC(LABOR CODE 6d) 7-13
MONUMENTATION 6
NOISE CONTROL 1,2
PAYMENT 13,14
PREVAILING WAGES 8
PROGRESS OF THE WORK 2
PROPOSAL AND AWARD OF CONTRACT 11-14
PROPOSAL FORMS 13
PROPOSAL GUARANTY 13
PROSECUTION AND PROGRESS OF THE WORK 1-5
RECORD DRAWINGS 2
REJECTION OF PROPOSALS 14
RESOLUTION OF CONSTRUCTION CLAIMS 8-11
RESPONSIBILITY FOR DAMAGE 11,12
RIGHT OF WAY 2
SAMPLES AND TESTS 6
SUBCONTRACTORS 15
SUSPENSION OF THE CONTRACT 3-5
TIME OF COMPLETION AND
LIQUIDATED DAMAGES 3,4
UTILITIES 6,7
WATER FOR CONSTRUCTION 7
WORKERS COMPENSATION AND
EMPLOYMENT INSURANCE 13
General Provisions Page 16 of 16
SPECIAL PROVISION
1. LOCATION
This work is located on various streets in the City of Cupertino,
County of Santa Clara, as shown on the attached location map.
2. SCOPE OF WORK:
The work consists of removing designated areas of pavement to the
depth specified and reconstructing the removed areas with new asphalt
pavement: Asphalt pavement replacement shall consist of compacting
the base material, furnishing and applying paint binder and prime
coat as required and furnishing and placing asphalt concrete to the
elevation of the original wearing surface. This work must be
completed before any overlay work is started.
The work also consists of improving the indicated streets in the City
of Cupertino by wedge cutting, resurfacing with thickness of
approximately 2" of asphalt concrete.
The work also includes the raising of manholes, water valve boxes,
monument boxes, and traffic striping replacement as outlined in these
specifications.
3. TRAFFIC CONTROL:
Contractor shall furnish, erect and maintain sufficient warning and
directional signs, barricades and warning lights and sufficient
flagmen to give adequate warning to vehicular traffic at all times.
No lane closure shall be permitted on the minor City streets before
8:00 A.M. or after 4:30 P.M. Mondays through Fridays. Only under
special conditions shall the City have the right to permit lane
closure before 8:00 A.M. or after 4:30 P.M.
No lane closure shall be allowed on major streets before 9:00 A.M. or
after 3:30 P.M. Monday through Friday.
Ali costs of the above shall be included in the price bid for the
various bid items and no special compensation will be allowed.
The contractor shall maintain a minimum of two (2) travel lanes for
traffic on the major street for use in each direction at all times,
and one (1) travel lane for traffic use in each direction on minor
streets.
4. MAINTAINING TRAFFIC:
Attention is directed to Section 7-1.08, "Public Convenience,"
7-1.09," Public Safety," 12-3.04 "Portable Delineators", and 12-2.02
"Flagging Cost" of the Standard Specifications.
Personal vehicles of the contractor's employews shall not be parked
within the right-of-way.
SPECIAL PROVISIONS PAGE 1 OF 11
MAINTAINING TRAFFIC (Continued)
The contractor shall notify local authorities and the Engineer of his
intent to begin work at least five (5) days before work is begun. The
Contractor shall provide a schedule of work and any changes to the
schedule as they occur, to the local authority and the City
Inspector. The contractor shall cooperate with local authorities
relative to handling traffic through the area and shall make his own
arrangements relative to keeping the working area clear of parked
vehicles.
When leaving a work area and entering a roadway carrying public
traffic, the contractor's equipment, whether empty or loaded, shall,
in all cases, yield to public traffic.
Material or equipment shall not be atored within thirty feet (30' ) of
the edge of traffic lanes.
Public traffic shall not be routed on any portion of the new
construction until the signing, pavement markers and safety features
ordered by the Engineer have been installed.
5. NJTIFICATION OF RESIDENTS:
The Contractor shall notify the abutting residents along the street
where the work is to be done. The Contractor shall be responsible for
removal of vehicles which would interfere with the work and insure 48
hours notice is given to the property owner or tenant. If these
notification procedures are not strictly followed, the Contractor
shall not be allowed to work on the street.
POSTING:
The Contractor shall be responsible for providing and posting of
notices of work to be done and also responsible for any re-posting of
notices to streets that need to be rescheduled due to unseen breakdown
of equipment or other unforeseen delays. The contractor must post the
date the work is scheduled along with the following day's date on each
sign. This is in case of minor delays. The date must be printed in a
legible manner on the sign.
(Post "No Parking" signs at approximately 100 ft. intervals) .
TOWING PROCEDURE:
Cupertino Municipal Code section 11.24.200 D authorizes the tow away
of a vehicle parked on a public street where construction or street
repair work is scheduled to occur. The contractor performing the
scheduled work is responsible for erecting the required signs giving
notice that such vehicles may be towed away if left on the street
during the day the work is scheduled to be performed. The signs shall
be erected at least 48 hrs. prior to the scheduled start of work. The
Contractor must notify Cupertino Code Enforcement (408)252-4505 with
locations of posting, to verify forty eight (48) hour notice.
SPECIAL PROVISIONS PAGE 2 OF 11
SPECIAL PROVISIONS (Continued) :
6. INSPECTION AND INSPECTION COSTS:
The work will be inspected by the City of Cupertino.
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 the rate of $3�- .00 per hour.
7. PUBLIC CONVENIENCE AND SAFETY:
The Contractor shall conduct his operations so as to cause the least
possible obstruction and inconvenience to public traffic. All traffic
shall be permitted to pass through the work area. Contractor shall
furnish, erect and maintain sufficient warnings and directional signs,
barricades and lights, and furnish sufficient flagmen to give adequate
warning to the public at all times that the road or street is under
construction and of any dangerous conditions encountered as a result
thereof.
The contractor shall be allowed to close traffic lanes as specified in
the Traffic Control Section, on the street involved in the project.
Flagmen, barricades, and signing shall be required in order to insure
safe and orderly traffic flow. Side or adjacent streets shall be
posted and/or detoured with barricades and signs to insure traffic is
routed around the work area.
8. 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 and 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 (25) PERCENT OF THE CONTRACT
QUANTITIES WITH NO CHANGE IN UNIT PRICE BID.
ITEM DESCRIPTION EST-QTY. UNIT
1. Pavement Restoration (4") 69,374 S.F.
2. Pavement Restoration (6") 18,688 S.F.
3. Asphalt Concrete Pavement 3,498 Ton
4. Wedge Cut (Longitudinal) 12,562 L.F.
5 . Wedge Cut (Transverse) 866 L.F.
6. Adjust Manhole to Grade 49 EA.
7. Adjust Box to Grade 32 EA.
8. Pavement Fabric 274,396 S.F.
9. Remove Traffic Stripping
City Detail 23C 1,000 L.F.
10. Remove Blue Pavement Markers 3 EA.
SPECIAL PROVISIONS PAGE 3 OF 11
SPECIAL PROVISIONS (Continued)
ESTIMATED QUANTITIES (Continued
ITEM DESCRIPTION EST. QTY UNIT
11. Install Traffic Striping
4" White 1,350 L.F.
12" White 2,515 L.F.
State Detail 39 4,090 L.F.
State Detail 38 660 L.F.
City Detail 39AC 1,800 L.F.
City Detail 23C 3,570 L.F.
12. Install Painted Traffic Legends
Type IV(L)Arrow 6 EA.
Ahead 2 !SA.
Keep Clear 6
35 2 EA.
25 2 EA.
30 2 EA.
Stop 19 EA.
Ped 1 EA.
Xing 1 EA.
13. Install Blue Pavement Markers 5 EA.
14. Traffic Striping Layout L.S.
15. Deeplift Installation 207 TONS
9. EXPLANATION OF BID ITEMS:
The price bid per unit measure of work shall include all costs of
labor, equipment and materials necessary for the furnishing and
construction completed and in place and operating, the work in
accordance with these specifications and/or the contract plans. Any
item described in the Special Provisions not specifically listed as a
bid item shall be considered as included in the various bid items and
no special compensation will be allowed.
BID ITEM NO 1 & 2- PAVEMENT RESTORATION (S.F. ) :
This item is bid per square foot and shall include all labor and
material to complete the pavement restoration as marked in the field.
This bid item shall also include all costs for replacement of striping
and pavement markers disturbed during construction on streets not
receiving overlay. See Section 105 of Technical Provisions for
Construction Method.
BID ITEM NO. 3 - ASPHALT CONCRETE PAVEMENT DENSE GRADE (Ton) :
This item is bid per ton (Type B 1/2" max. asphalt concrete) and shall
include furnishing and compacting in place of asphalt concrete,
thickness range of approximately 2".
See Section 100 of Technical Provisions for Application Details.
SPECIAL PROVISIONS PAGE 4 OF 11
SPECIAL PROVISIONS (Continued):
BID ITEM NO 4 - WEDGE CUT (LONGITUDINAL) L.F. :
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/4" deep by 6 ft. wide,
along the lip of 9-.,.ter, or where specified.
See Section 104 of Technical Provisions for Construction method.
Bid Item No. 5 - Wedge Cut (Transverse) (L.F.):
This item is bid per lineal foot and shall consist of removing a
triangular wedge of pavement approximately 1 1/2" by 15 ft. across
streets or where designated. This item shall include placing cutback
at the wedge cut to provide for a temporary transition.
See Section 104 of Technical Provisions for construction method.
Bid item No. 6 - Raise Manholes (Each):
This item is bid per each and shall include furnishing all labor,
equipment and materials necessary for the adjustment of the manhole
rim and cover to finish grade.
Contractor shall have the option to use reinforced concrete grade
rings, or cast iron manhole extension rings, or other method as
approved by the engineer.
If cast iron manhole extension rings are used, it shall be the
responsibility of the contractor to verify the diameter of the manhole
frame and to furnish extension rings of a diameter to insure proper
fit. All extension rings shall have a minimum of three (3) set
screws.
P.G. & E and P.T. & T. manholes shall be overlayed and marked by
leaving a patch of A.C. out near the center of the cover.
See Section 103 of the Technical Provisions for additional
information.
Bid Item No. 7 - Raise Monument Box to Grade (Each) :
This item is bid per each and consists of raising of existing valve
boxes and monument boxes to the finish grade of the resurfaced
pavement.
See Section 103 of, the Technical Provisions for Additional
Information.
SPECIAL PROVISIONS PAGE 5 OF 11
SPECIAL PROVISIONS (Continued:
Bid Item No. 8 - Pavement Fabric (S.F. ) :
This item is bid per square foot and shall include all costs for
furnishing all labor, equipment and materials necessary to install the
pavement reinforcing fabric at locations as directed in the field by
the Engineer. The fabric shall be installed just prior to the
placement of the asphaltic overlay. The pavement reinforcing fabric
shall be "Petromat" as manufactured by Phillips Petroleum Company or
approved equal and shall be placed in strict accordance with the
manufacturer's recommendation.
Bid Item No. 9 Remove Traffic Striping (L.F.) :
This bid item shall include all costs for the removal of the existing
and/or conflicting raised pavement markers associated with the STATE
and CITY DETAIL as 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. No
sandblasting required.
Bid Item No. 10 - Remove Blue Pavement Markers (EA. ) :
This bid item shall include all costs for the removal and disposal of
the existing and/or conflicting blue raised pavement markers shown on
contract plans.
Bid Item No. l.. - Install Traffic Striping (L.F. ):
This bid item shall include all costs for materials, equipment and
labor to install all striping, as shown on the plans in accordance
with Section 84 of the Standard Specifications and the State Traffic
Manual.
Prior to striping installation, 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.
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 legends.
Bid Item No. 12 - Install Painted Traffic Legends (EA. ) :
This bid item shall include all costs for materials, equipment and
labor to install all legends and 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 legends, arrows, and other markings in accordance with the
plans.
SPECIAL PROVISIONS PAGE 6 OF 11
SPECIAL PROVISIONS (Continued)
Bid Item No. 12 - Install Painted Legends (Continued) :
The City will supply the Contractor the necessary templates for
legends and arrows. Arrangements for the loan and return of the
templates shall be made at the preconstruction meeting.
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 legends.
Bid Item No. 13 - Install Blue Pavement Markers (Each) :
This Unit Bid Item shall include all costs for the replacement of the
2-way blue reflective markers designating the locations of fire
hydrants. The location of these markers shall be six inches (6") off
the nearest lane striping toward and in line with the existing fire
hydrant.
In residential areas the location of these markers shall be six inches
(6") off the center line and in line with the existing fire hydrant.
The portion of the highway surface to which the markers is to be
bonded by the adhesive shall be free of dirt, curing compound, grease,
oil, moisture, loose or unsound layers, paint and any other material
which would adversely affect the bond of the adhesive. Blast cleaning
will not be required.
No separate payment will be made for traffic control for applying
pavement markers. Full compensation for traffic control shall be
considered as included in the contract prices bid for traffic control.
Bid item No. 14 - Traffic Striping Layout (Cat Tracking or Dribble)
L( S. ) :
This lump sum bid item shall include all costs for providing and
placing traffic marks per color and location shown on the plans or as
directed by the City Engineer.
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.
SPECIAL PROVISIONS PAGE 7 OF 11
SPECIAL PROVISIONS CONTINUED:
Bid Item No. 14- Traffic Striping Layout (Continued)
Control of alignment and Laycut 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 referencing out and
replacing the lines and positions of all traffic lines, directional
lines, arrows and other markings in accordance with the plans and City
standard markings by cat tracking with painted marks immediately or no
later than two (2) hours behind the contractor's paving operation.
Cat tracking shall consist of stretching a rope on a straight line
between control points on tangent alignment and on a true arc through
control points on curved alignment and placing spots of paint along
the rope. The spots shall not be more than three inches (30) in width
and not more than five feet (5' ) apart on curves nor more than ten
feet (101 ) apart on tangents.
Dribble lines shall consist of marking the pavement with a thin line
of paint using a striping machine or other suitable device. Dribble
lines shall be on a straight line between control points on tangent
alignment and on a true arc through control points on curved
alignment.
Paint for cat tracks and dribble lines shall be the same color as the
traffic stripe for which they are placed:
Prior to painting, the contractor shall call for review and approval
of the proposed striping by the City's Traffic Engineer. City shall
have the right to make changes in the location and alignment of lane
stripes.
No separate payment will be made for traffic control for applying cat
tracks or dribble lines. Full compensation for traffic control shall
be considered as included in the contract prices.
See City of Cupertino Standard Detail 2-26 and 2-27.
See State Plans A20-A, A20-B, A20-C, A 24A, A-248, A24C, A24D.
Bid Item No. 15 - Deeplift Installation (Ton):
This item is bid per ton (type B 1/2" max. asphalt concrete) and shall
' include all costs for furnishing all labor, equipment and materials
necesary to remove existing dirt to the required depth, scarify to 8"
below required depth and recompact existing subgrade to 95% relative
compaction, saw cut existing pavement to limits shown on plan and
remove, remove existing wood barricade, apply paint binder and prime
coat (RS-1), install 0.78' A.C. deeplift (leaving surface 0.17' below
lip of gutter and matching existing new edge of pavement). Curb and
gutters are to be installed by others.
See attached plan.
SPECIAL PROVISIONS PAGE 8 OF 11
SPECIAL PROVISIONS (Continued) :
10. TIME OF COMPLETION/LIQUIDATED DAMAGES:
The beginning date for pavement restoration shall be June 29, 1992.
All pavement restoration must be complete by July 31, 1992. The
beginning date for start of overlay work shall be August 3, 1992.
There are 45 working days allowed for completion of this project.
In order to complete this maintenance work on schedule, the City
requests that once the Notice to Proceed and Project has started, the
Contractor not pull off the job until completion of work, unless
authorized by the City.
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 completion date.
This amount of liquidated damages shall be deducted by the City from
monies due from the Contractor hereunder, or the Contractor's assiged,
successors, and sureties shall be liable to the City for any excess.
11. WATER:
The furnishing of water and applying water s`,.11 be considered as paid
for in the items of work involved. In accordance with Ordinance No.
1489 effective April 15, 1989, no person shall use potable water for
construction purposes. Non-potable water is available for this use
unless water is transported from another county other than Santa Clara
County.
12. LIQUIDATED DAMAGES FOR TRAFFIC STRIPING:
In compliance with the plans and specifications for the Annual Overlay
Project 91-104 the temporary traffic striping (cat tracking or
dribble) Bid Item No. 14 and permanent traffic striping, raised
pavement markers and pavement legends Bid Item No. 11 thru 13 shall be
installed as described in these Special Provisions.
1. I shall be responsible for providing the City of Cupertino or its
agent, striping quantities pertaining to removal, no later than
4:00 P.M. on each calendar day of the project.
2. Within two (2) hours after each street has been overlayed. I shall
be responsible for accurately locating and placing temporary
centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, and other striping not solely
limited to these patterns or legends as shown in the Standard
Plans A20(A,B,C), A-24(A,B,C,Dj, City Standard Details 2-26 &
2-27, and the Project Plans. Bid Items 14.
If the Contractor fails to perform this portion of the job, the
Contractor shall pay the City of Cupertino the sum of one hundred
and fifty dollars ($150.00) per day for that day, plus the sum of
one hundred and fifty dollars ($150.00) for each and every
calendar day the temporary striping remains incomplete.
SPECIAL PROVISIONS PAGE 9 OF 11
SPECIAL PROVISIONS (Continued)
LIQUIDATED DAMAGES FOR TRAFFIC STRIPING (CONTINUED)
3. Seven days following the overlay of each street, the Contractor
shall be responsible for installing permanent centerlines, two-way
barrier, two-way left turn lanes, left turn pockets, bike lanes,
travel lanes, limit lines (stop bars) , legends speed limits, and
other striping not solely limited to these patterns or legends as
shown in the Standard Plans A20(A,B,C), A-24(A,B,C,D), City
Standard Details 2-26 & 2-27, and the Project Plans. Bid Items
11-13.
The Contractor shall be responsible for providing the City of
Cupertino or its agent, striping quantities pertaining to
installation, no later t',-n 4:00 P.M. on each calendar day of the
project.
If the Contractor fails co perform this portion of the job on the
seventh day, I shall pay the City of Cupertino the sum of one
hundred and fifty dollars ($150.00) per day for that day, plus the
sum of one hundred and fifty dollars ($150.00) for each and every
calendar day the permanent traffic striping, markings, and legends
remain incomplete.
This amount of liquidated damages shall be deducted by the City
from monies due from the Contractor hereunder, or the Contractor's
assigned, successors, and sureties 9'%all be liable to the City for
any excess.
13. PRECONSTRUCTION MEETINGS:
A_ preconstruction meeting will be scheduled prior to beginning of
work. Striping plans will be discussed at that time.
14. REMOVAL AND DISPOSAL OF MATERIAL:
Removal and disposal of all broken concrete, asphalt, earth, rock and
debris shall be off the job site. This material becomes the property
of the Contractor and must be disposed outside of the City of
Cupertino.
At the completion of the project the Contractor shall submit a report
containing the following information:
1. Quantity of each material removed and disposed of at a recycling
facility.
2. Name and address of the disposal site for each material.
SPECIAL PROVISIONS PAGE 10 OF 11
15. 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
followinq criteria:
1. No individual device produces a noise level more than 89 d8A at a
distance of twenty-five feet (251 ) (7.5 meters) .
2. A noise level on any nearby property does not exceed 70 d8A.
It is a violation of this chapter to engage in any grading, street
construction or undergro,ind utility work within seven hundred fifty
feet (7501 ) of a residential area on Saturdays, Sundays, Holidays, and
during the nighttime period except as provided in Section 10.48.030.
Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime standards
of Section 10.48.040.
16. PAYMENT:
Payment shall be made on only those streets the City has approved and
for the approved amounts. No other compensation will be allowed. A
payment schedule is available in the Public Works Department.
Change order will not be considered or accepted after the project has
been accepted by the City Council.
SPECIAL PROVISIONS PAGE 11 OF 11
D. TECHNICAL PROVISIONS
ASPHALT CONCRETE
SECTION 100
DESCRIPTION:
This work entails resurfacing of roadway pavement with asphalt
concrete and shall consist of furnishing, spreading, and compacting
plant mix asphalt concrete, including paint binder (tack coat) , to the
lines and grades shown on the plans or as directed by the Engineer,
all as specified in these specifications and the Special Provisions.
This item shall conform to Section 39, "Asphalt Concrete" of the
Standard Specifications, insofar as they are applicable.
MATERIAL:
All dense graded asphalt concrete shall be Type B with aggregate
grading of one-half inch (1/2") maximum, medium, conforming to Section
39 "Asphalt Concrete", of the Standard Specifications.
Paving asphalt to be mixed with aggregate shall be steam-refined
asphalt viscosity grade AT-4000 conforming to Section 92, "Asphalts, "
of the Standard Specifications. The exact amount of asphalt binder
shall be as directed by the Engineer.
Paint binder shall be asphaltic emulsion RS-1 conforming to Section
94, "Asphaltic Emulsions," of the Standard Specifications.
PAVEMENT PREPARATION:
The surface of the pavement to receive asphalt concrete shall be swept
clean of all soil, vegetation and debris and with a self-propelled
street broom machine immediately prior to placement of paint binder.
Raised pavement markings (buttons) and other material which interferes
with the resurfacing of pavement with asphalt concrete shall be
removed.
TECHNICAL PROVISIONS PAGE 1 OF 7
D. TECHNICAL PROVISIONS (Continued)
ASPHALT CONCRETE SECTION 100
PAINT BINDER:
Paint birder shall be furnished and applied to all vertical surfaces
of existing pavement, curbs, gutters, and construction joints in the
surfacz_ng against which additional material is to be placed, to a
pavement to be resurfaced, and to other surfaces designated by the
Engineer. Paint binder shall not be applied to pavement surfaces
conditioned by Heater-Remix operations.
Paint binder shall be applied in one (1) application at a rate of from
0.05 to 0.10 gallon per square yard of surface covered. The exact
rate of application will be determined by the Engineer.
Immediately in advance of placing asphalt concrete, additional paint
binder shall be applied as directed by the Engineer to areas where the
paint binder has been damaged, and loose or extraneous material shall
be removed, and no additional compensation will be allowed therefor.
SPREADING AND COMPACTING:
Asphalt concrete shall be placed with asphalt paving machine. Paving
machine shall be self-propelled mechanical spreading and finishing
equipment, provided with a screed or strike-off assembly. Truck drawn
portable asphalt spreader may be used in certain areas inaccessible to
the paving machine providing prior approval is granted by the
Engineer.
Spreading and compacting equipment shall conform to Section 39-5 of
the Standard Specifications unless otherwise specified in the Special
Provisions.
Spreading and compacting shall conform to Section 39-6 of the Standard
Specifications unless otherwise specified in the Special Provisions.
MEASUREMENT AND PAYMENT:
Section 29-8, "Measurement and Payment, ~ of the Standard
Specifications shall not be applicable. Measurement and payment for
asphalt concrete shall be per ton in place. Contractor shall furnish
Engineer one (1) copy of the official weight tag from the asphalt
plant with each load of asphalt concrete when material is delivered to
the job site.
TECHNICAL PROVISIONS PAGE 2 of 7
D. TECHNICAL PROVISIONS
SECTION 103
ADJUSTING EXISTING FACILITIES TO GRADE
DESCRIPTION:
This work shall consist of raising, setting or installation of
existing or proposed highway facilities such as manholes, valve boxes,
flushing inlets, and monument boxes to the finish grade of the
resurfaced pavement.
CONSTRUCTION METHOD:
Construction shall conform to Section 15-2.05A of the Standard
Specifications except that raising devices (iron or steel adjustment
ring) may not be used to raise manholes to grade.
Raising of manholes to finish grade shall be performed after pavement
resurfacing unless otherwise specified in the Special Provisions.
The Contractor shall properly locate and tie all existing highway
facilities to be raised in advance of paving operations.
The Contractor shall install a Phoenix OP2001A or approved equal over
existing brass tack in concrete monuments or around non-standard
square monument covers and frames. These monuments are at the
existing grade, therefore the new casting must be placed in the
existing surface. To achieve this without disrupting the monument's
location the contractor must first core drill a 4" dia. hole around
the outside of the monument to a depth of 611. After the finish paving
has been done the contractor shall remove the asphalt and excavate
around the monument to a depth of 7 1/4" and a diameter of 13".
'without disturbing the horizontal axis of the monument the contractor
shall break away the concrete outside the 4" core area. The casting
shall be placed in concrete and the surface will be patched to match
the new finish grade of the resurfaced pavement. The monument lid may
need modifications to fit properly.
PG&E and PT&T manholes shall be raised by others. Contractor shall
pave over each of these manholes except for a five (5) inch diameter
plug left out of the center of each manhole in order to locate the
manhole.
MEASUREMENT & PAYMENT
Raising or installation of existing highway facilities to finish grade
shall be measured and paid for each unit designated in the contract
bid schedule. Quantities will be determined from actual court.
The contract price and payment for each unit shall include full
compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all the work involved in raising,
setting or installing the unit item complete in place, as shown on the
plans, and as specified in these specifications and the special
provisions, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 3 OF 7
TECHNICAL PROVISIONS
SECTION 104
WEDGE CUT
DESCRIPTION:
This work consists of removing a triangular wedge of pavement
approximattely:
1) One and one-fourth inch (1 1/4") deep by six feet (6' ) wide,
along the lip of gutter, or where specified (longitudinal) and
2) One and one-half inch (1 1/2") deep by fifteen feet (151 ) across
street (transverse)
CONSTRUCTION METHOD:
Longitudinal Wedge Cut:
The asphalt paving to be ground shall form a wedgeshape by
mechanical means, being ground to a depth of one and one-fourth
(1 1/4") below the lip of gutter, or where marked and tapering to
a point six feet (61 ) away from the lip of gutter, or where
marked, to where no grinding shall occur.
The grinding operation shall proceed straight through all side
street entrances along the street to be overlayed unless
otherwise shown. The grinding operator shall take care not to
cut traffic signal detector loops or leads wherever possible.
Transverse Wedge Cut:
Transversely, across the travel lanes and intersecting streets,
the asphalt paving to be ground shall form a wedge shape by
mechanical means, being ground to a depth of one and one-half
inches (1 1/2") at the overlay confc,:m points and tapering to a
point fifteen feet (151 ) away within the overlay area where no
grinding shall occur. The contractor shall place cutback at the
wedge cut to provide for temporary transition.
The Contractor shall be responsible for the sweeping, removal,
and disposal of all residue resulting from the operation and no
extra compensation shall be allowed.
The streets shall be repsved within five (5) working days
after the pavement grinding operation. Pavement grinding shall
conform to Section 42-2 of the State of California Standard
Specifications.
Wedge cut shall be performed with a cold planner (grinder)
equipment unless otherwise specified In the Special Provisions.
Contractor shall exercise care to insure that the adjacent lip of
gutter is not damaged during the wedge cutting operation.
Limits of wedge cut shall be determined by the Engineer in the
field.
TECHNICAL PROVISIONS PAGE 4 of 7
D. TECHNICAL PROVISIONS (continued)
SECTION 104
WEDGE CUT
MEASUREMENT AND PAYMENT
Measurement and payment for wedge cut shall be by lineal foot or
pavement wedge cut to the dimension specified. Unit price and payment
shall include full compensation for furnishing all labor, material,
equipment, tools, and incidentals, and for doing all work involved in
completing the wedge cut as shown on the plans, and as specified in
these specifications, and as directed by the Engineer.
TECHNICAL PROVISIONS PAGE 5 OF 7
D. TECHNICAL PROVISIONS
SECTION 105
REPAIR OF FAILED PAVEMENT
1. DESCRIPTION:
This work shall consist of removing designated areas of pavement to
the depth specified and reconstructing the removed areas with new
asphalt pavement. Asphalt pavement replaced shall consist of
compacting the base material, furnishing and placing asphalt concrete
to the elevation of the original wearing surface. Patches vary in
size, look at samples on streets listed in specifications.
2. MATERIALS:
Bituminous materials; asphalt concrete shall be type B and conform to
Section 39 of the State Specifications. For repairs of four inch (4")
or six inch (6") use one-half (1/2") maximum size aggregate. Asphalt
emulsion used as paint binder shall conform to Section 94 of the State
Specifications. Asphalt prime coat shall be an RL-1 emulsified
asphalt.
3. CONSTRUCTION METHODS:
A. All pavement cute shall be straight and vertical and leave a
competent edge. A concrete saw, pavement cutter, jack hammer or
other approved equi?ment shall be used to make all pavement cuts.
If a City survey monument is located in or near a patch do not
disturb its location during construction. If a monument is
disturbed the Contractor will responsible for re-establishing it
as a monument.
B. The 3xposed base material shall be compacted as required by the
City Inspector.
C. Paint binder shall be applied to all vertical pavement edges.
D. RS-1 shall be applied as a prime coat to the base material at the
rate of 0.2 Gal./Sq. Yd.
E. The specified thickness of replacement asphalt concrete is to be
placed in two (2) lifts if thicker than 0.2 feet. Both lifts
shall be spread and compacted in conformance with Section 39 of
the Standard Specifications. The final course shall be placed so
as to restore the original designed cross-sectional geometry of
the road. When feathering and conforming edges, excess material,
particularly the larger size aggregate, shall be removed from the
job, not rolled into the fresh mat.
TECHNICAL PROVISIONS PAGE 6 OF 7
D. TECHNICAL PROVISIONS (Continued)
SECTION 105
REPAIR OF FAILED PAVEMENT
CONSTRUCTION METHODS (continued)
A repair may be left low by a max. of 1" overnight (not over the
weekend) . However, if directed by the City inspector feathering of
the repair edge maybe required before a patch may be left low
overnight.
Final lift shall be placed by paving machine or other methods as
approved by the City Engineer.
4. METHOD OF PAYMENT:
Contract price per square foot for removal of failed areas of pavement
to the specified depth and replacing with asphalt concrete to full
depth shall include full compensation for furnishing and placing all
material complete in place including the application of the prime
coats and paint binder.
TECHNICAL PROVISIONS PAGE 7 OF 7
A N N U A L OVERLAY & P A V E M E N T RESTORATION
PROJECT 92-101
R. D BY; APPROVED BY:
Glenn M. g �3;rt J. VIskividh
Traffic Engineer irector of ublic works
SIGNATURE PAGE 1 OF 1
PAVEMENT RESTORATION
4" REPAIR 6" REPAIR
AINSWORTH 899
ALCALDE 1054
ALCAZAR 371
ALHAMBRA 212
ALVES 261
ANSON 84
ANTOINETTE 12
APPLE TREE 1267
ATHERWOOD 530
AUBURN DR. 5167
AVENIDA 16
BAHL 580
BANDLEY 121
BEARDON 847
BELKNAP 60
BILICH PL. 48
BLANEY 46
BOLLINGER 1868
BROOKGROVE 391
BROOKWELI, 1020
BUBB 1302
BYRNE 42
CAMINO VISTA 1155
CANDLEWOOD 1560
CASTLETON 936
CASTINE 1029
COLUMBUS 78
CORDOVA 75 1000
COTTONWOOD 134
CUPERTINO 541
CYPRESS CT. 364
DE ANZA BL. 1500
DEEP CLIFF 54
DEFOE DR 931
DUBON 831
ELMSFORD 346
92-009 ANNUAL OVERLAY PAVEMENT RESTORATION 3 of 3
PROJ. 92-101
FALLENLEAF 489
FINCH AVE. 15
FITZGERALD 45
FOLKESTONE 612
GRANADA 1692
GREENLEAF 40
HEAT TTERWOOD 192
HERMOSA T 306 �w
HOMESTEAD 393
HYDE DR. 1885
JANICE 699
JOHN DR 1,95
KENDLE 77
KIM 797
LAZANEO 336
LEBANON 765
LINDA VISTA 279
LINDY LN 25
LOCKWOOD 553
LOMITA 1940
LUBEC 201
MCCLELLAN 1704
ivIILFORD 345
MIRA VISTA 1220
NOVEMBER 937
PACIFICA 36
PALM 456
PALOS VERDES 267
PASADENA 3357
PEACH TREE 1006
POPPY 85
PORTAL 1762
PRADO VISTA 424
PRUNERIDGE 1774
RAINBOW 1941
RICHWOOD 7473
RODRIGUES 861
RtJCKF.R � 152
SAGE CT. 590
SAN FERNANDO 98
SAl'�1 JUAN 252
SANTA TERESA 1726
SEYMMBBER 231
SHADYGROVE 1460
SHELLY 120
ST. ANDREWS AVE. 583
STELLING 1801
STENDAHL LN. 1696
STEVENS CREEK BL. 4283
TANTAU 1076
TIPTOE 26
TORRE 3002
VALLEY GREEN 369 _
VISTA 2224
VISTA KNOLL 1917
VOSS �1123
WALNUT CIR. rT. 1217
WALNUT CIR. 8 231
W. ESTATES 109
WHEATON 603
WHITNEY WY. 670
WILKINSON 415
WILLOWBROOK 172
TOTAL 69374 1868$
' r
OVERLAY PROJECT 92-101
(LONG.) (TRANS.)
STREET FROM/TO LENGTH WIDTH THICKNESS ASPHALT FABRIC WEDGE CUT WEDGE CUT MANHOLE BOX
FEET TON SF LF LF EACH EACH
VALLEY GREEN DR $TEWNG/BEARDON 1565 36 0.17 718 56340 3130 200 10 3
RICHWOOD DR MILLER!VICKSBURG 1730 32 0.17 706 55360 3460 250 3 2
STEWNG RD McCLELLAN/HWY 85 1840 66 0.17 1548 121440 3680 196 25 20
McCLELLAN RD BUBB/HWY 85 690 36 0.17 317 24840 1380 110 8 6
McCLELLAN RD HWY 85/ROSE BLOSSOM DR 455 36 0.17 209 16416 912 110 3 1
TOTALS I Z961 12562 1 866 49 32
48 48
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DETAIL 33C
LEGEND
® TWO-WAY YELLOW REFLECTIVE !MARKER
O NON® REFLECTIVE YELLOW MARKER
CITY OF CUPERTINO APrAove0 BY :, 2--26
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