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HomeMy WebLinkAbout93-008 Sidewalk Grinding Proj. 93-101, 93-102 93-008 SIDEWALK GRINDING 1 of 4 PROJ. 93-101 , 93-102 CITY OF CUPERTINO INTERDEPARTMENTAL Date June 8, 1993 To City Clerk From Public Works--Sumi _ _ ❑ Information MESSAGE: SIDEWALK GRINDING PROJECT 3�_ 101_—_.l;..In.f-armal)_ — ❑ implement ❑ Investigate ❑ Discuss TRANSMITTED FOR PROCESSING ARE THREE SETS OF CONTRACT DOCUMENTS. ❑ See me --- ❑ Reply CONTRACTOR: P & F CONSTRUCTION INC. 1010 39TH AVENUE _ OAKLAND CA 94601 Reply: --— SM — ATTACH. SIGNED: DATE _ Forvrard part 1 Retain part 2 M9 9 9PAGE 1520 • NO PSE IN ACCORDANCE 12101635 Return to: WITH 60V CODE 6103 nf-Lf ! 011 jit' 'on!) I. At REWILT OF CITY (D F 01..�7,ERTI FN�0 — CA 103 0 0 T o,r u e n CA City of Cupertino Cuperti, o, , 9'014 CERTIFICATE OF COMPLETION AND h ry NOTICE OF ACCEPTANCE OF COMPLETION SIDEWALK GRINDING PROJECT 93-101 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 P & F CONSTRUCTION on APRIL 8, 1993, in accordance with the plans and specifications for said work, havebeen completed to my satisfaction and acceptance of completion is made as of JULY 13, 1993. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. /C— Di/ector of PL41id Works Cu Engineer, ity of Cupertino Date: July 13, 1993 e VERMCATiON I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the !::vs of the State of California that the foregoing is true and correa c� m Executed on -r . < = ( �� !993, at Cupertino,California c n PIO Deputy,C lity Clerk i D.CONTRACr FOR PUBLIC WORKS This CONTRACT ntiade on APRIL 8, 19 93 by the CITY OF CUPERTIND, a municipal corporation of the state of California, hereinafter called CITY, and P & F CCNSIRUC 'ICN INC., hereinafter called CONTRACTOR. 1T Is HEREBY :GREED by CITY and OONIRACZOR. as follows: I. 7I-iE CONTRACT DOCUMENTS. The Clete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Stir Contractors Form and Signature Form. b. Standard Specifications, General Provisions and special Provisions. C. Plans and Specifications for SID]EIR1 X GRINDING, PRaEICT 93-101. d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certi_`icate of Insurance, Endorsement of Primary Insurance, Additional insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, waive: of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents conprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACIOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and conplete in a good and working order, the work of CRMD G CITY SI3TNALR5 as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, SMDENAIK GRINDING, PRWE LV 93-101 dnd which Plans and Specif ications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and ccmplet:ed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 6 T CONTRACT FOR PUBLIC WORKS (continued) 3. CONMCr PRICE. CITY agrees to pay, and CONTRACrOR agrees to accept, in full payment for the work above agreed to be done, the sum of TWWM F(M DOLLARS AND F.IPW C 5 ($13,3t04.50) subject to acclitions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTEi PERTAINING TO PAYMENT FOR wom Should any dispute arise respecting the true value of the work done, or any work amitted, or of any extra cork which CONTRACTOR may be required to do, or respecting the size of any payment to aomRACIOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in aoLmrdance with the agreement of the parties, or in accordance with Section 6, paragraph 'If" of the General Provisions. 5. PMEM, '7C1+'IE'LIA4CE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessar! p-rmits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and ocaply with the laws, ordinances and regulation-, relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CON RACMR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Wher-e� the Specifications require worst to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by UrY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CI L, be uncovered for examination at CONl*RACIOR'S expense- 7. E M OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL RBQUIREKERrS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. Contract Page 2 of 6 d ' CO,Ymcr FOR PUBLSC WORs (continued) 3. TMNIBF+MN, AMMMU OR MODIFICATION. 'Ibis Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such: termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TDW FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the proposal and the Specifications of this project. If CONMCIOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or )y changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond C MITRACMR'S control, or by delay authorized by CITY, or by any cause which CITY mall determine justifies the delay, Cher. the time of completion shall be extended accordingly. ltd_s paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Docxments. 11. INSPEMON AND TESTING OF MATERTAI,S. OONTRACIUR shall notify CITY a sufficient time in advance of the n":-ufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection are. testing of same. 12. ITY14INATION FOR BREACH OR INSOLVENCY. If CMRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appoir.':ed on account of insolvency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract; CITY may serve wri`.ten notice upon ODNIRACIOR and t7xTMACIOR'S surety of its intention to terminate the Contract-. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. In the event of any such tennination, CITY shall immediately serve notice thereof upon OONTRACTOR'S surety and CJONIRACIOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty(30) days frcen the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of C1OUIRACIOR, and CONTRACTOR and CONIRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to ODNTRAC11OR as may be on the site of the work and necessary therefor. 13. THE CITY'S RICJiT TO WITHHOID CFMzIN AMUNI'S AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final czmpletion and acceptance of all work covered by the Contract, CITY may withhold from payment to C7ON'IIiACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against C7ONTRACI'OR or sub-contractors for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 . C ORMCT FOR PUBLIC WAW (conti.ntzed) MY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of OOFTIRAMR, and any payment so made by CITY shall be considered as a payment made wxler the Contract by c1TY to CX7NYRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, O NI'RACIOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more gully described in C ITY'S Notice to Contractors. 14. NOTICE AND SERVICE ZgiE<MF. Any notice from one duty to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to C'Ti'Y either by personal delivery thereof to the Engineer of CTrY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CTN OF CUPERTYNO, 10300 MRRE AVENUE, CUPM:Zr—=, CA 95014, postage prepaid and certified (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to OONIRACZOR, or to OONMCIJOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to 1010 39►M AVM, OAKLAND CA 94601, postage prepaid and certified; and (c) if not e is given to CONrRACIOR'S surety or any other person, either by personal deliver, thereof to CONTRACIMIS surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CORMCIOR'S surety or the address of the person last cmmuticated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMERT OF CONIR2AM Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CTIY. 16. ( LSANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material. or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by OONIRACIOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACIOR'S responsibility to prone equality of any such material, process or article offered as a substitution to the one(s) specified. 17. Wes'S C7CMPENSATION INSURANCE AND EMPIDYER'S LIABILITY INSMMCE. CUNI'RACIOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of OONTRhCECR'S eMloyees employed at the site of the project. In case any work is sublet, OONIRACMR shall require any and all sub-contractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the OORrR LMR. Contract Page 4 of 6 aW1-RACT FOR PUBLIC WORKS (contirmed) In signing this Contract COMIRACIOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Cade which requires every euployer to be insured against liability for worker's ccnpensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will cc u ly with such provisions before coimwxning the lerformance of the work of this Contract." 18. ACCIDENT PREVEMON. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and constr�.k Lion codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Cotmnission of the rt to of California. 19. CONTRACIOR'S RFSPONSIBILM FOR ME WORK. OONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of Clod. NWOMELESS, ODMMCZOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Stibject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. COMMCIOR'S GUARAN=. CONIY MOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CON RACIOR or by any sub-contractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one(1) year of the date of acceptance of completion of this Contract by CITY, CORMAMR will forthwith remedy such defects without cast to CITY. Contract Page 5 of 6 NOTARY ACKNOWLEDGMENT State of California County of CONTRA COSTA On 4/8193 _before me, ROSE V. FRAGOSO (here insert name)Notary Public,personally appeared FR'SK SPOSETO ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalj,o(�Whic4,lt4e,fp, rson(5).aCled,.executed the instrument. _ WITNESS my hand and offibiat seal. - Si nature L; G! c�- 2 L? '> I 14 g (Seal) au.{Lp„SilUd+llitia j CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PFRSON(S)OR ENTrrY(IES) ❑ INDIVIDUAL(S) ❑ PARTNER(S) ❑ GUARDIANICONSERVATOR CORPORATE ❑ ATTORNEY IN FACT ❑ OTHER _ P & F CONSTRUCTION, INC. OFFICER(S) _, ❑ TRUSTEE(S) PRESIDENT ❑ SUBSCRIBING WITNESS _ ATTENTION NOTARY:Although the information requested below is OoTIONAL_it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MIDST Document Title or Type: CONTRACT BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: 1 Document Date: _ 4/8/93 HEREIN: Signer(s)otiier t!,an named above: CMIRACr FOR PUBLIC WOWS (continued) P.O. IN WIIT 4 SS F, the parties have executed this Contract, in ohtplicate, the day and year first hereinabove written. (.'I'I'Y OF C[JPFRTINO C70MCIOR: F 6 F CONSTRUCTION, INC. f `FRANK SPOSETO, PRESS NT Notary acknawl� r-�n�ired. If a� corporation, oorpo�seal and crrporate notary ackk owledg are requt red. If not a corporation a Social Secs .:y No, or Federal Tax I.D.# is regmLred. � -1 -25 390 t 2 Soc• spur i•t'y # Federal Tax I.D. # By. DIRE OR OF PUBLIC WO S Attest: G City C1 Date: Clerk Y APPROV,YD Ag TO FO EDIIRE: 1 i c Project Name & Number: 5 I f)C-,j A L k Contractors Name and Address: P f_ F Co k7 5 tt r-('t c' t 1 two-, h 1010 Sri th Ave, Oct k-LCA nc4 , CAC14(co i Contract Amount: i 3 ?)©q , 5o Account Number: -7 I C-- g 4©"6 — 7 Z v File Nuuuber: S p) 3 J -- Contract Page 6 of 6 COMMCT FOR PUBLIC WORKS (continued) INSURANCE ANr A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability .for workers' compensation or undertake self-insurance in aeeorJ&nce with the provisions of that Code, and will comply with such provision-- before commming the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, ec mercial or comprehensive general liability insurance, autcmbile Iiabili'ty insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance ca panias satisfactory to the City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. said insurance coverage obtained by the Contractor, exed�ting workers' compensation coverage, shall name the City, its engineer, and each of its Directors, Offieers,Agents and Employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of r:onstruc`ion, Contractor shall furnish ce. tificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A-Class VII or better. worker's Compensation Liability. In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance AgreFanent Page 1 of 2 ODIM*= FUR PPUBUC WMM (aontinued) Public Liability - either Canbined single limit of 1.0 million commercial general liability per oecurr ; $2.0 million in the or pensive gm?ral liability; aggregate. including provisions for contractual liability, personal injury, independent contractors and P -Y damage coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Autconobile Liability - comprehensive Combined single limit of $500,000.00 eotvering owned, non-awned and hired per occurrence. automobiles. By:- (Contractor's Name) Dated: � �19(il Insurance Agreement Page 2 of 2 • tm=oAffi(uWm/YY) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE RHH of Northen California DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE One Market Plaza POLICIES BELOW. Spear Street Tower Ste. 2100 COMPANIES AFFORDING COVERAGE San Francisco, CA 94106 415-543-9360 COMPANY LETTER A T an cunt'nent a l Ins. Co COMPANY hum LETTER 13 Transportation Injurance Co. P and F Construction, Inc. COMPANY 1010 39th Avenue LETTER) C Safeeo In u a ea ComRanips Oakland LETTTERNY D CA 94601 COwANV LETTEP E won THIS IS TO CERTIFY THAT THE POLICIES OF 11 INSURANCE LISTED BELOW HAVE BEENISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHST ANOIPIr ANY PEOUIDEMENT.TFT+M OR Cr1N')ITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCP18ED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS 00 TVPEOIINt1MANOE POLIGYNIUMOM POLb11'"mita POLIOVEXPIRATtO LIMRa L DAnS(MM/00/Yr) OATQ(MM/OD/YY) COMALL1AaILRY GENERAL AGGREGATE 4 2000000 A X COMMERCIAL GENERAL LIABILITY 003390721 1/01/93 1/01/94 PRODUCTS-COMP/OP A66. = 1000000 CLAIMS MADE r X1 OCCUR. PERSONAL & ADV. INJURY = 1000000 OWNER'S& CONTRACTOR'S PROT EACH OCCURRENCE = 1000000 FIRE DAMAGE (Any one fire) t 50000 MED EXPENSE(Any one perso4 5000 AUTOIM2ZrLIAG&ffV COMBINED SINGLE _ 11 X ANY AUTO 13UA704717630 1/01/93 1/01/94 LIMIT 1000000 I All CwNED AUTOS BODILY INJURY = SCHEDULED AUTOS 1per person) 1 X HIRED AUTOS BOOILY INJURY I X NON-OWNED AUTOS (Per accident) IIARAGE LIABILITY PROPERTY DAMAGE t tEl(OHaSLIAD0.ITV EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER iMAN UMBRELLA FOAM womews OoMPENSATION * STATUTORY lIM1TS C AM WC215 3249 1/01/93 1/01/94 EACH ACCIDENT 1000000 **IT IS AGREED THAT /RESPECT 0 SUCH DISEASE-FOLIC? LIMIT i000000 eMPIOTERa uAeLrtv INSURANCE AS IS AFF© ED BY TH7 POLICY, DISEASE-EACH EMPLOYE'. $ 10000011 oT"IBATHE INSURANCE C MPANY, WAIVES ANY Ri HT OF SUB OGATION I MAY ACQUIRE AGAINST THE CITY OF CUPERTINO, D EACH OF ITS DIREC ORS, OFFI ERS, AGENTS, CONSULTANTS & EMPLOYEES BY REASON OF ANY PA T MADE ON ACCOUNT OF INJURY INCLUDIN DEATH RESULTING THEREFROM SUSTAINED BY ANY EM LOYEE OF THE INSURED ARISING UT OF THE PERFORMANCE OF THE ABOVE- DabpiPT10111 OF°PERAT1111=400AT10NSFVISHM CM01AL ITEMti REFER CED CONTRACT T. RE: Sidewalk Grinding (SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT) Project i'93-101/File *50324 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE: THEREOF. THE ISSUING COMPANY WILL ,MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Cupertino `:LEFT.9y' _'�' i°�3�.".dAlL S1.dE�NnTlrc cr aI I w ronaG s ICL��py.gR 10300 Torre AVonue ,LI^san lTM flee IY k'INPI IIPnF1 TFiF �yPAAIY ITC ePF ITC-1C_eo•'6rmb2, ••�^- Cupertino. CA 95014 AUTtlaimmI!'PlmmakTIY! 164550000 POLICY NUMBER: 803398721 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF CUPERTINO, ITS DIRECTORS, OFFICERS, AGENTS & EMPLOYEES (if no entry appears above.information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amended to include as an insure) the person or organization shown in the Schedule, but only with respect to liability arising out of'your work"for that insured by or for you. RE: SIDEWALK GRINDING PROJECT #93-101/FILE #50324 CG 20 10 11 85 Copyright.Insurance Services Office. Inc.. 1984 O 11 well FOR PUMUC, WCM (OCCMI"Md) CERTIFI M OF UMRMM 70 TW aff of 'this aectifies to the city of OVertino that the fol.,104ag ibmd policim have- bami ism- to the uw=ed rmmed below and are in force at this time. I11sured.. P & F WNSTRUCTION AcH ess: 1010 39th Avenue -aak1 and Description o opcsatsons/lam/pt�act� (shown eft name end/or same, if any): Concrete construction, driveway, parking area, sidewalk, repaving. Sidewalk Grinding Project 93-101 50,324. V OMM° CUMENSATSQN *Statutory Min. *Dhplays's rsah;i,ty (Hama of insurecj S S $ Best's Rat,izsg Ixmwance Cl r qs State Liaerme No. Check Policy Type: Each Occurzmm $ 1,000,000 COMPRUMNSIVE GENERAL LuTAB3= [XI PZMM4 zed/OpeL-atlom Genmal Aggregaba $ 2,000 000 (if Vie) [XI Owners 6 oa:'tiactcrs Pivtective ate $ [. ) C=tractual for EVecific cmt-sact Pexscml Injury $ 1 ,000,000 [X ) Products Liabi 1 it,, [X ) )= tiaza:rds [X I Broad Fbrm P.D. Fine Daamge (any [x ] Severability of Interest am tire) $ 5n.ann Clauses [X l P eramal T-njurr with Medical ftperme MVlvyee M=lusicn Pimeovned (onto( a-ie per) $ 5,000 or Self-Insured Q M4EFO=AL, GENERAL LIABILITY man $ Transcontinental (mate of insurer) nest's Rating A± XV Policy No. r.0139$77 FxPiration Detts 111194 . certificate of DURZW= PUM 1 at 2 CMMerCia.L ;fig Each PQrs= 33ch Accident Lialbility Owe TXnnsr on Ins. Mich (rgms of iTmurer) S ar Combined Single Limit $ 1,000,000 B6st's Ratite a+ XV palic, No. BGA4471� 7638 E�=ti= oata 1/1/94 3allZMIS RISK 'IAT2. RISK" M= is to Certify that =e follow ng policy has been isaied by the belov- stated ca gmry in conf®ance with trA its of Secticn 8-1. of the General Provisians and is in faroe at this time: (z of .t) r?=CY EG IRA ION LIi!D:R'S of DEDUCTIdLE NUMBER r.zanTt.;�ry A =Py of all =6218= to the PWicy(ies! in arrY wW (agailz's mt) :f„.;t tW above-Listed types of ammrage ._,c® &==bad to this Certificate; of 'tea. - Mis Cettiticate of Mwurax= is not an irzsotarxn policy and does not moer:d, Octal o aiter he overage afforded by the policies listed bm e . NotVithstanding any =eciuirement, term, or condition of any contract or any otb= dcameM with respect to U41iax this Owt-i f i cote of bursa sa►y be i8sssed or Tay Pertain, ttle- irk attacded by the policies dew=ibrad here= is subject to al the trsms, eaclusicm and =xlitiow of soda policies. IT TZ FAY CF TUM that the atom policy(jes) pravids llability Inv== e as rj*Lt W by �� AgZ'esuent Letween the Cit'f and the ir�. 3y. Dated: !+L2-&l L993 4 A Cart:fiefs of and AdBitical 7rumired cn cauony f certificate of Insuran= Page 2 of 2 INC. F-M PUUZC wCRcs (cant:ne,ad) NC7x,ZCE CF PUCY CANCELIAI!= In ccrsideration of the policy premi= and rsctsri i �nf sistent statanent in the poLity to which Ei this itwsommt is att ny otter End=zement attached thereto, it is agreed as follam: Canonl1atimn Notice. 'Me irmstw= after by this pmllcy shall not be suspertled, voided. c anca 19d. reduced in covarage cr in Limits, or trial y altered, eampt after t°iirty(30) days, prior written noticm by certitled =012, retl= receipt requested, has been given to the City cf i Such notice shall be addressed to the City as iildicmted be1�. i F=CY IIVORMATIM 1. Insurarze Occampany Trans ontinanral I 2. Lvazwioe Policy t umber: C03398721. j 3. Effective Date of this Endorsement: 11jLei 1993.._- 4. !rL51red: P & F Construction I i All notice herein prrn+ided to be given by the 2=nmwe Ck .k z W i tbke City in aotuaec'..ian with this policy, and this AdditicrA l Insured andtr2emm, shall be maiied to or delivered to the City at lo3oo Te=e Avenm, QVWCinD, California, 95014. I. (printttjQ e r � warrant that I have authority to bared belied i m Irfiutdnce 0 aw is nd by my sic ;nature hereon do so bind this CmkWW. Signat ra of Authorized ve: % y (Original ziqndture regq=md cn ail aiodrkements furrashed the , i Names nof�.�,�' June Carey Age t/ * R llinc Hiiclig Hall Title: Caninr JHminictr�tnra Telepb w: (415) 543-9360 Spear Street Plaza Facsimi1 4 15 t+ l_SQ8 Suite 2100 San Francisco, Ca 94105 Cancellation Endkrsement Fags 1 of i 03131i9: .";:01 ? & F =R4lC"• I tit. �DI'I'ICd�EALzcsum acagraw In :S xwideru=cn of the QC-licy premium aril =tWiLIffituldim ;aw iIS� s1stent statonent in the policy to Auch this F? kz%aamft is sttadwd t' wY Q�lt; a tUhe eto, It is agreed as follms: i 11he City of CLgxv t.ino ("City) and its Dina, atticme, agents arxd esaplap *s, and all public amides frm Wh= permitis All be obtained and their DireC�..=s, officers, ergineers, and ewp4qsm am hereby declared to be additional isam-eds umier the ter of this plicyt, kut cn ly with respect to the operation of tha Cmntract= at or upon ate+ of the pr�s of the City in dots witti the MnMzct with the City, or acts ar ccmwiors of the additional insureds in co mteC.m with, bat Ind tad to it's general sL*ervision or inspeaticn o said aperniam. PM ZC_ 201MI i-TICK Transcontinental 1. insurance Campariy: f....__ 2. Ins Policy ?der: c,03398721 3_ Effective Bate of this Z:: 1933 4. Insire : P & r Construction All notices here= provided to be glim by t!W Isssdt'8 M OMPMW tO the aty in =mec.,--on rith this policy and this AWitiG4Al inmxred &xbrseMento shall be mailed to or delivered to the City at 10300 T=8 AVMM, ate, California, 95014. rune Carey (mil ) war-rant. that i nave aurl=rity to buxi below I Bwjtw= mid by my signature hereon do so bind this O$qw j. signal-=e of Authorized ?aareseata::im: (Original signarare reg+,��d an all tbB BaB==) t Nam of ?une Carey I pmt� : Rollins Hudi H& all ".t&-.Senior Administrator Address: One Market Plaza 'ems= f�15)_4l-93rn ,Sp,ear Street p1aZa Facsimile: Suite 2100 San Francisco, Ca 94105 Addit:Dual Zrzwad Mxkws scent Page I oZ i AY. Cji $°fY w aCCRSEMW C? MGM= LDCM M TNSEIV In an ide=ticn of the pca Ajc:-f premii= aM nsst ; MW 11xs�r sistent ststemesst its tbe policy two wtum this Mllarsenw= is attacind cr any ate DvIcrsemerTt attached theretc, it is agread as follcm: ` This asda a mod, iss trm insurarA-z-- provided =Ie r the Genmml Liability ammrage part of the below-refer policy Of it ar .; ..lw coal, aqg egats limit under L,IMnS OF applim seprataly to the project descry as Sidewalk Grinding Project 93-101 File No. 501,324 PICUCY WCRAWITCU 1. Lrc;jnartce Canpany; Transcontinental 2. :zaurar=a Policy fir: CO3-39872 3. Effective ate of 'Uh= =rdarsew t: 1L;L,; 199 s 4. Mr-wred: 5. Addat:imimi Irssurad: City of Qapestino, its 8, Officers, agents arri employes. Al.I notioma hereir. ptv^.ded tm be given by the Insurance Qmpa:y to,tie City in.connection with � policy and `,.iris Additimnal Insured -Vval be sailed = or delivered to L°',c+ City at' i0300 ^,t=m Avows, C pa tim. California, 95014. I, ?une Carey �s_ tjtwa rz=) warrant that I have aud=ity to Mind the below lance any and by my sigrature hereon do so bind this • + Signat * of Aurhorizvd ntaative: .-�% (vriginsl sicgsature on all ftarn for the Nis of June Carev AqMft1A4er)CY' Rollin. Aiidig Hall Title: Senior Administrator Address: One Market Plaza ;gl : (415) 543-9360 Spear Street Tower Facsimile: (415) 543-5628 Suite 2100 ,Nggregate i.imita Dist Pegs 1 of 1 San Francisco, Ca 94105 OMREPArr -rM P.Pr;IC cMM eo=Jrwed) M4ECF4;M1ENr �' Tn caraadaratzon of the polls y Frml= axed txstwi q 4uw ir=cy- sistent gtatement In the policy to whicri this is at=c*jgd cjr ajV othW Ott attacned theta, it is agnmd as foUms: Mbe -ramx-W=e affardei by this pollcY in PAY Insta'a m, aW no add1t,icrAl inmirmwe bald ar vbtred by the desigmted additiaml ]3x5ured(s) shall. be Called =cn to cover a I== tmder said ad itiMal policy. PCITTCY INF1v1t8+5=cN I. L'==-a, Transcontinental 2. rr=zanoe policy M=ber: C03398721 3. V ectivoa oate of this axk sett: 1 1 ? L993 4. Irmured: p & F f nnGrriir inn All rK tice s there= provided to be given by t1a Inazwrm ccmpwj tC the City in corwiecticn with t9is pol-icy and this Addlticn al TmAxred wit, Shall ba mailed to cr delivered to the City at 10300 Tt=a Avenue, Oqmrtim, C ali.fc nia. M14. Z. fPr'�/type rra�! warrant thAt 1 hove urhis:t`r to b1tt3 the below listed ZvR an= C=pmy wad by my si.gmture hizzem do so hind this Ctppaey. Sisw_,are of 1uttiar-izW tta=ve: (ori q:na.l sigrature --equired on all to the D ) :1amms of June Carey A9WIt/AI9er-f-"Y* Rollin- H L& Stall Title: ';.Pninr Adminictrarnr Address: Ck,® :42sie-trE -ral (415) 543-9360 Spear Street Tower _ Famimile: (415) 543-5628 Suite 2100 San Francisco, Ca 94105 Primary aft page i of 1 08iO4.93 10:08 04082320753 a ry CUPERTING MAY 0 b 11�19� gn ommideration cP the policy pmmim ard notwitlzatmdiM MY siatmt staff in the polite to WS is attwjwd c' any ather . it is agreW as follMN: ,&aamaw= aff=WbV this Wlicy ig vr-r and no addiei=l h or Wed by the dm jail (s) shall to calf qpm to ever a 10" m1mc 301id acdit-,acml po cY l� Transportation Insurance Company 2. DW=W= ftliCy N=bW: BUA704717638 3. MWUNIO Date of tMA 1LID319 .a_ 4. : P & F Constructian - Al.l ro tiam mein =videdto bs gi m by the YrzurwM 0mWWW to th6 city in ®mumzItim with pDliY ard 1 imired E'dWSIN 'I ' shau be roiled to O. dienverad to the City at 10300 TtW= A`II lMj, awertiml califamia, 95014. Sandy E. Rosner t.eatz t, I h aty to m Ir and by my sib haze= do so bind this P• AUUM'iz�1 ntrative- L�i `= r si�grlature � to(Cri+ginal sigmtu a requiredcn all( Sandy E. Rosner t4MMS Or Rollins Hudig Fall Assistant Vice President /A3'�y; Title: One Market Plaza (415) 543-9360 Addtmm: m am Srraar Togr. Suite 2100 (415) 543-5628 C-an flr n n 4 4 n5 Fwaimile: - - prey w* Page 1 of 1 APR 19 sun Afftes 1 to a son IN a eUwasud a 3'e JA set M14 &AM wift I x it 16 is am fteam= aw is � e � ftmw mix" al cc �� 6Eftamum, adftA a! A ! ream.-tv out 1— gaftmm Iv WIN" 1 Z l• awswom aw4miCrE WrL f2AL 9 U. i mwtobeown1wae E i tv do 1 .. 611ins Hudig Hall One Market Plazas 543 -^360 E --Spearee , ae!; e 1 +M __Sam Francisco, CA 94105 1 415 543-5628 ; adeft---aft ftp3QcI ; SAFECO INSURANCE COMPANY . NO CALIFORNIA BRANCH 017FIC:v: '1OM1 GANSLEN 3O00 EXECUTIVE PARKWAY sL t E 300 OR 15 1993 J;AN RAMUN CA 94583 State of California. County of CONTRA COSTA On 4/8/93 before me, ROSE V. FRACOSO (here insert name)Notary Public,personally appeared FRANK SPOSETO personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of..avh ch.,thg,p wirs(S}acted;;e cg4+t sthe instrument. WITNESS my hand an officiaVseai. l Signature1 (Seal) 1u=:lrlilillllu;luunllItlt,llllLta„t(rtlli!;allliiilSllllnt IIItlI1l11ulil CAPAWY CONED 13Y SIGNER SIGNER REPRESENTING NAME OF PERSON(S)OR ENTFMIES) ❑ INDNIDUAI(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR _ ® CORPORATE ❑ ATTORNEY IN FACT ❑ OTHER P & F_ ONSTRI CTION__TNT OFFICER(S) ❑ TRUSTEE(S) PRESIDENT ❑ SUBSCRIBING WITNESS ATTENTION[NOTARY:Although the ink mation requested below is OPTIONAL,h could prevent fraudulent attachment of this cartirioate. THIS CERTIFICATE MUST Document Title oi,Type: PERFORMANCE BOND BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: 1 Document Date: _ 4.18193 HEREIN: Signos)other than named above; �t�atre+8 pre+1 n NOTARY ACKNOWLEDGMENT State of California County of CONTRA COSTA On 4/8/93 before me,— ROSE V. FRAGOSO (here insert name)Notary Public,personally appeared JOHN R_ FTSC:HER , personally known to me(or proved- to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. !!�)!!I)2i)33',!t)2Hlfi121!))!`3L'j;11f;"3�,€tr.S`R;t�'i^t(3tiiiE:';i�rs(rt(3L'li?{iiltt f _ - rL WITNESS my hand and o Icial'?bal. 7 R^ V « t7r { 6` y i4ili. t tECiRN.t. c Signature "`" �L 7 (Seal) -... ... ..f.411i. �.i.F.. 18ft. ?L. 1.17�" l3.i2P,i21!;il;l;3li;ti'.ii;l!�'3`. iti,>i�iii9i:iitiii{llttilattilltl2223123231ISliiliTl CAPACITY CLAIMED BY SIGNER - SIGNER REPRESENTING NAME OF PERSONS)OR ENMY(IES) r❑ INOMUUA"S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR LJ CORPORATE EXATTORNEY IN FACT ❑ OTHER _ _IDELITY & DEPOSIT OFFFICER(S) ❑ TRUSTEE(S) . _ OKP.4aNY OF M.4RYLAND ❑ SUBSCRIBING WITNESS ATTENTION NOTARY:Although the information rtquested below is OPTIONAL,it could orevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: PERFORMANCE BOND BE ATTACHED TO THE 4/8/93 DOCUMENT DESCRIBED Number of Pages: 1 Document Date: HEREIN: cir.na.l..t I,IMnr a•a.nn n .r�+�.l ...b,r...h• BOND NO. 30438673 ^`: /�) R= PERFt7RW4CE BAND PREMIUM: !Z �, C, ` 10M ALL IEN BY THESE PRESE Rr: THAT WE, P & F CONSTRUCTION, INC. as Principal, (contractor's name) and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Styr (bonding Ompany's name)_ are held and firmly bound unto the City of cuperturo State of California, in the sum Of THIRTEEN THOUSAND THREE HUNDRED FOUR & 50/fOOths($13,304.50) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated APRTT. �$_,19_q.3L_ with the Obligee to do and perform the following work to-wit: GRINDING CITY SIDEWALKS, PROJECT 93-101 NOW, 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; otherwise to remain in full force and effect. IN WIMESS WHERBDF, this instrdmient has been duly executed by Principal and Surety this Rth day of _ APRIL , 19D . (To be signed by Principal and Surety. Notary acknowledgments required) (nD RACIPR_ FRANK SEOSET0. �DE T . f Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By: 4"l-Ic�_- A - Fact JOHN R. FISCHER - Executed in Triplicate Th above bond is acceptad and approved this _ day of ,19 Faithful Performance Page 1 of 1 BOND NO. 30438673 CONTRACT FOR PUBLIC WORKS (continued) PREMIUM INCLUDED N PERFORMANCE BOND LABOR AND MA11MIAL BOND KNOW ALL MEN BY 1HESE PRESEMTr: WMMEAS, the City of Cupertino, State of California, and P & F CONSTRUCTION, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of GRINDING CITY SIDEWALKS, PROJECT 93-101 , more particularly described in said contract; and incorporated herein by reference. MME'AS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, nMMRE, WE, P & F CONSTRUCTION, INC. as principal, (contractor's name) and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, (Bog Company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of 0-4--tertino, and any and all materialmen, persons, coupanies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract herebWx)ve 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 THIRTEEN THOUSAND THREE HUNDRED FOUR & 1s 1 THE ODNDITION OF MIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bonti, such reasonable attorney's fee as shall be fixed by the court. Zhis bond shall insure to the benefit of any and all persons, ccapanies, 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. Labor and Material Page 1 of 2 NOTARY ACKNOWLEDGMENT State of California County of CONTRA COSTA On 4/8/93 before me, ROSE V. FRAGOSO (here insert name) Notary Public,personally appeared JOHN R. FISCHER personally known to me(or proved- to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the fllltill3#tI)!li;if.' A I`(II:.'i;.�r rtii tt`;r'1,,.t!.:.ia2x.t a instrument . . WITNESS my hand and�ficial seal. // ,� , Signature r % 2 (Seal) lti)1911L1ill;flall tSl IGI1.a�!!1{If)tii{)i?iiLuU I:iillfll{{lill'fliii)l1tl� CAPACITY CrNIVIED BY SIGNER - SIGNER REPRESENTING r—' 4AWE OF P_RSONIS)OR E.MMOES) * INDIVIDUAL(S) p❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR ❑ CORPORATE _ Ip -ATTORNEY IN FACT ❑ OTHER FIDELITY & DEPOSIT OFFICER(S) ❑ TRUSTEE(S) _ OiLp ANY OF MARYLAND ❑ SUBSCRIBING WITNESS ATTENTION ION NOTARY:Although the information requested below is OPT)ONAf.,it could prevent fraudulent attachment of this certificate. THIS ;ERTIFICATE MUST Document Title or Type: PAYMENT BOND BE ATTACHED TO THE 4/8/93 DOCUMENT DESCRIBED Number of Pages: 1 Document Date: HEREIN: Signer(s)other than named above; NOTARY ACKNOWLEDGMENT State of California County of CONTRA COSTA On 4/8/93 before me, ROSE V. FRAGOSO (here insert name)Notary Public, personally appeared FRANK SPOSETO personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of4rywbi4 ! { � �?.?i.•?1.II! executed r a the l i!3 ili:ri,l 241343(?1i344tt?333444f instrument. ( _ WITNESS my hand andolfic seal. Signature (Seal) 99 tt+;,�ti;il2ti I'13LslIm:!!::II+1! +i `!!i2!!!!IL`!Illiillil) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S)OR EWTITY(IES) ❑ INDIVIDUAL(S) ❑ PARTNER(S) ❑ GUARDIAN/CONSERVATOR CORPORATE _ ❑ ATTORNEY IN FACT ❑ OTHER P & F CONSTRUCTION, INC. OFFICER(S) ❑TRUSTEE(S) «^_ PRESIDENT_ ❑ SUBSCRIBING WITNESS _ ATTENTION NOTARY:Although the information requested betow is OPTIONAL,ft could prever4 fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: PAYMENT BOND BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: I Document Date: 4/8/93 _ HEREIN: Signer(s)other than named above; _ �K CMMtACT FUR PUKJC WMWS (continued) 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 perfa med thereundet or the specifications ao=qmnying 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, alterati.cn or addition to the terms of the contract or to the work or to the specifications. IN WIU4MS WHMMF, this in strum* has been duly execztsd by the Principal and Surety this 8th day of APRIL , 19 93 . (To be signed by Principal and Suety. Notary acknowledgments reTdzed) CONMCMR P & F CONSTRUCTION,, INC. FRANK SPOSETO, P S-. T ` /f Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety / A rney-In-Fa JN R. FISCHER, ATTORNEY-IN-FACT The aix)ve bond is accepted and approved this _ day of `,19 Labor and Material Page 2 of 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFCE.- SALTIMORE,MD. KNow ALL MEN BY THE;sE PRESENTS:That the FID'D•LITY AND DEPOSIT CO)!PANY OF IMARYLAND, a Corpora- tion of the State of Maryland,by C. M, FEi,OT, JR, ,?rice-President,and C. W, ROBBINIS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-laws of said Com- pany, which reeds as follows: "The President,or any one of the Executive`Dice-Presidents,or any one of the additional Vice-Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts.agreements,deeds,and releases and assignments of I'udgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint John R. Fischer of Oakland, California,.`, I true and lawful agent and Attorney-in-Fact, to make, exer_ute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undert2.kings.... n e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to aii intents and purposes,as if they had been duly executed and acknowledged.. by the regularly electe-_�: officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the sforegoing is a true copy of Article V1,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the Said FIDELITY AND DEFOSIT CGDiPANY OF MARYLAND, this. - _ ,i .................................day of..---------...... .....---................ A.D. 19.79... P��JCPO ",. FIDELITY AND DEPOSIT COi1IPANY OF ifARYLAND `�. POS�J`Si N 'Po ATTEST: ,ti SEAL - - ... 3-------------------------------------------------------_------ Assistant Secretary vice-President STATL Or MARYLAND } ss: CITY OF BALTIUORE J On this 15th day of January , A.D. 19 79 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunt< set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. `!:`NOT c: rlOAR y%�,-c /j//J`/, 1j� ff ;`,DUB�tc ? Notary Public Commission Expires.3u1X_1.%__19:$2 CERTIFICATE I,the undersigned.Assistant Secretary of the FIDELITY AND DEPCstT CoxPANY OF MARYLAND.do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- ciall authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the;IDELITY AND by COMPANY OF MARYLAND. This Certificate may be signed bg facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF A'IARYLAND at a meeting duly called and held on the 16th day of July, 1969. REsOLvED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be- valid and binding upon the Company with the same force and effect as though manually affixecL" ix TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th ___,_-day of APRIL , 19 93 "A' 5xHl MIT BM PPMERL k%%AJ 93-102 TO: THE DIRECZOR OF PUBLIC GCS, CITY OF CUPErMM, STATE OF CALIFORNIA Dear Sir: In ccuqplianae with the Plans and Specifications furnished for the work of the Street Sweeping Project in the city of Cupertino, Project 93-102, the undersigned, tMreby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to coWlete 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 mots 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 ecmparison of bids. The City of Cupertino does not elate that the actual amomt of work will oarrespond but reserves the right to increase or decrease the amount of any class or portion of the work or to cmit items or portions of work dew unnecessary by the Engineer. The City of 04pertino 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 coWlete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to ocupletion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not ccWleted as sodded and/or specified. ROTTING SWEEPING: Bid Est.Qty: unit Item Unit Item Price Total 1. 451 ea Provide for griming of P.C.C. $29,so /Ea $Ua6-! !2-1mo. sidewalk where displacement is greater than 0" and less than or equal to 211. TOTAL BID: $�.�]lJ l. PROPOSAL PAGE 1 OF 6 MICCLUMON AFFMAVrr TO BE EXOMM BY 6M am I, the undersigned, being first duly sworn, deposes and says that I am VICE ERF7,i1DDEWr of P E DuSTRumnu c, (Business Title) (Business Name) the party makang the foregoing bid, that the bid is not made in the interest of, ore• 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, mired, 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 marer, directly or indirectly, sougIxt by agre n3nt, camumication, or ocnferenoe 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, cowry, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. P DPOVAL, PAGE 2 OF 6 o' q MMOM CWU in further ocapiianoe with the specifications furnished, I, the undersigned, subut the €ollawiM 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 a_ years. Our experience in work comparable with that required by the proposed contract is years operating under the follading different name(s) . My California Contractor's License Nuaber is The classification of my Contractor's License is I3_ C-8 The expiration date for my contractor Is License is - ::I * (This Section for City use Only) * The above infornetion has been verified by / on S- 23 -q3 * Contractors state License Hoard (800) 321-2752 or (408 277-1244. taere 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 cm tractor shall be properly liensed. PROPOSAL PAGE 3 OF 6 0 OF WCEN Ibe following is an exatple of work similar in character to that required in the proposed contract which our organization or personnel in our organization has ompleted within the past three (3) years. Wham Phcne Year locatior. Class Far Performed kAMbW Amount �} 199iA2- SIMURV,, CRIMDI 1G , LTu Qj cup ntw- 194t S M=WA K ,GI M&L , ('Ij-4 Q� C0P6WrINO . 'IS,0 71 PF OSAL PAGE 4 OF 6 R SUBOMIRAMM'S FBI subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those li._gted below shall perform wank on t"Us project and each of them has been provided with a full and couplete set of plans and specifications for this project by the bidder. 1. Name A1nA)L Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed PROPOSAL PAGE 5 OF 6 .ro. MU MIS• SIGMURE FCW IF YOU INDIVIDUAL, SO MME. IF Y(XJCOMPANY' OR INDIVIDUAL CO-PARINERS COMPOSING VE COMPANY. IF YOU ARE A COTWORMON, F LBGAL NAMEOF 'is COF4MATION AND T*1E i iy. OF i PRESIDENT, SEX3MTWY-TREASL]RM AM MANAM. CCF4KWME SEAL4 1►'W TO IMS F EUM n1E NAME OF YOUR BUSINESS CN MiE LINE OPPOSrrV THE OF BUSINESS NAM OF BUSINESS ••1'1'•' f' a► •C RD •• • . y► .M... /T' INDIVIDUAL: JOINT VENTURE: (Describe) Nam and Signature of Bidder: int or •- .nr- Date: ► 9973 • r,• - • & location) : into • Tel ♦ • ,. - Adusawledgment of all addenda recedvied is required by circ:ling each ••,'. -.d li'1 number. 1 10 110 Litt' Of CUPCrti"o 103W forte Avenue' Cupertino,CA 95014-325i Telephone (408)252-4505 FAX:(408)252.0753 DF ARifvtENl Of I I If C I I V ( I f RK June 11, 1993 P& F Construction, Inc. 1010- 39th Avenue Oakland, California 94601 SIDEWALK GRINDING, PROJECT 93-10I Enclosed for your files is one i i) copy of the Contract for Public Works by and between the City of Cupertino and P & F Construction, Inc., which has been fully executed by City officials. Also enclosed is your bid bond. If you have any questions, please the Department of Public. Works. Sincerely, DOROTHY CORNELIUS, CMC CITY CLERK DC/cs cc: Department of Public Works 3C Under- enal of u I verify that this document is true and correct to the best of my P, tY P�J rY,- _ knowledge. _�2 rat Deputy,City Clerk,bw6f Cupertino Date ' t� S CO y,, 9 'i�9PAGE2 1' 85 12027886 Return �®: CITY OF CUPERTINO �WITH� ACCORDANCE IN 60V coon 6103 � 1�� ?�� ��� �? AT REQUEST Of NO ,a300 Torre Avenue '�' FEE 1, � u:'� r for jc, CA �,' City of Cupertino IG CERTIFICATE OF COMPLETION Sbh i AND t.ALit;a K> +«E NOTICE OF ACCEPTANCE OF COMPLETION REC40Cq AU 0 2 1993 SIDEWALK GRINDING PROJECT 93-101 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the 4 work and improvements hereinafter described, the contract for doing which was entered into by and between the CITY OF CUPER T INO and P & F CONSTRUCTION on APRIL 8, 1993, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion is made as of JULY 13, 1993. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to compiete said project, all as more particularly described in the plans and specifications for said project. rector;t4ibliZ Works v. ity Erg;-- City of Cupertino Date: July 13, 1993 -.+S IS TO CERTIt­� THAT THE WITHIN ;STRUMENT ISAT'fAUE A"JD CORRECT COPY ,JF THE 00I1331►UL ON FILE" 4 TkIS OFFICE. ATTEST ,,•j - 19 s CITY CLZ^K T ClCY QQURERT{N!] ." t CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS PROJECT: STREET MAINTENANCE-SIDEWALK GRINDING,PROJECT 93-101 FILE NO.: 50,3214 BID OPENING DATE: MARCH 23, 1993 LOCATION: VARIOUS CITY STREETS ENGINEER'S EST. P&F COAST. FARWEST CENTRAL COAST UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION; QTY UNIT PRICE AMT PRICE AMT PRICE AMT PRICE AMT 4= 1 PROVIDE GRINDING OF PCC 451 EA $50.00 $22,550.00 $29.50 $13,304.50 S33.00 $14,883.00 $38.48 $17,354.48 SIDEWALK WHERE DISPLACE- IV ZN MEN IS GREATER THAN 0"& -% --g--.---�--� , -%'.. LESS THAN Yri OR EQUAL TO 2". • $22,550.00 .. ....... . ..... $13,304-50 • S14,883.00 �17,354�-48 BIANCHI CONSTRUCTION QLM CUNNINGHAM&SONS UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM , DESCRIPTION QTY UNIT PRICE AMT PRICE AMT PRICE AMT . ........... .......... PROVIDE GRINDING OF PCC 451 EA $45.00 $20,295.00 $57.40 $25,887.40 $109.00 $49,159.00 N SIDEWALK WHERE DISPLACE- MENT IS GREATERT"HAN 0"& ON LESS THAN OR EQUAL TO 2". . .......... $20,295.00 JEJEML$25,887.40 1�fNR% BM FNWBCP 93-102 TO: THE DIMPOR OF PUBLIC WMWS, C TrY OF aMEIMM, STM OF C ALIFCWTIA Dear Sir: In canplianoe with the Plans and Specifications furnished for the work of the Street Sweeping Project in the city of Cupertino, Project 93-102, the undersigned, hereby declare that I have read the yraposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby prqpose to do all work required to omplete 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 riot limited to, local, state and federal taxes, and transportation costs. I, the signed, also understand that the quantities shown below are estimates only, being given as a basis for acaoarisan 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 a®owzt of any class or portion of the work or to amit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedurnews• The work to be done consists of furnishing all labor, methods of pros, tools, madunexy and material required to couplete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute t,,e work to conpletion as scheduled. I fur understand that I shall pay to the City Of Cupertino the sum of Three Bzdred Sixty Dollars ($360.00) per day, for each and every day services are not oaapleted as scheduled and/or specified. RODUrING SWEEPr Bid Eat.Qty. Unit Item Unit Item Price "[metal 1. 451 ea Provide for grinding of P.C.C. $(�4 5 ""/Ea $ /mo. s %'here displaoa�oent is cheater than 0" and less 20.29S .OLD than or equal to 201. Foat� Five OoLLW.s pNo NO CKmrs TOML HID: $ 20,295. Ga PROPOSAL PAGE 1 OF 6 B MAMSILYd AFFM&VTf TO BE EMMED BY ZMEM Am em I, the undersigned, being first duly staorn, demos and says that I am President of George Bianchi construction„ Inc. (Business Title) (Business Name) the Icy mWdM the forgoing bid, that the bid is not made in the interest of, or on behalf of, any >andisclosed person, partne*ship, many, association, organization, or omporati.on. 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 anyom else to pert in a sham bid, or that anyone slial.l refrain from bidding. The bidder has not in any muter, directly or indirectly, sought by aunt, 00MUMication, 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 omitract of anyone intmested in the proceed contract. All status contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the hid price or any breaaawn thereof, or om*mits 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 2 OF 6 i MIK In further cagplianoe with the specifications furnished, I, the undersigned, submit the following statements as to my eoeperie noe and qualifications to perform this work as a part of this proposal. We have been in Ibusine ys Linder the present come for 4 8 years. Our experience in work comparable with that required by the proposed contract is 15 hears operating under the following different r (s) �owc� M,i California Ccntrac.'tor''s License NL=ber is 168950 Me Classification of my contractor's License is A,B,HAZ The expiration date for my Omitractcr's License is 2/2 8/9 5 * (This Section for City use Only) * the above information has been verified by on * Contractors State Lime Board (800) 321-2752 or (408 277-1244. Where federal Ihnids 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 Ooli.faL-nia, however, at the time the contract is awarded the oar shall be properly liensed. Pl3OPOSAL PAGE 3 OF 6 c OF: mm The following is an exople of work similar in character to that required in the proposed contract which otw organization or personnel in our organization has COMPleted within the past three (3) years. WS.� Phone Yaar Location Class Fbr Performed Mmber ant VRZIMJS S.C. 22 !3U4VFCW PROP0SAL PAGE 4 OF 6 MFBUWCTMIS FCR4 Zlie subcontractcr(s) , as defined in the General Provisiosrs 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 (0.51%) of the total bid are listed below. Only those listed below shall perform work on this project aryl 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 Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name — Address Work to be Performed 5. Name r Address I/ Work to be Performed 6. Name Address Work to be Performed PIWOsSAL PAGE 5 OF 6 BMMIS SMGNMUM MK IF YOU ARE AN I?4D VI1XML, SO STATE. IF YOU ARE A OQWANY OR A OD-PARDMRMIP, STATE THE COWANY NAME AND L.ISSr UM NAMES OF AIL INDIVIDUAL OD-PA OC6° WIM THE OCMANY. IF LOU ARE A CORPORATION, STATE 7HE I MAL NAME OF THE CATION AM 7HE NAMES OF UM PRESIDER , S1 :1'EMi-MASLRER AND MQ%M. ME MWORATE SEAL, MSc BE APPMED TO THIS FCM. E M IRE NAME OF YOUR BUSINESS ON THE L NE OPPOSITE THE APPROPRIATE BUSINESS TYPE. G. John Bianchi, Jr./President-Treasurer/Manager George Bianchi, S-./Vice-President Gene Pfeiffer/Secretary TYPE OF BUSINESS NAME OF BUSINESS ATIQt1: George Bianchi Construction, Inc. OQ-PA UNER%1IP: INDIVIELML: JOIW VERIUM: : t/ Name aril Signature Of Bidder: r -_i� r__;7 G. ?ohn Bianchi, Jr. (Pr or type ) pee-,iorw4 r Date: PASS (mailing & location) : 775•-A Mabury Road San Jose, Ca. 95133 'elm Number: (408 ) 453-3037 Acknowledgment of all addenda received is required by circliM each adderrfinn number. 1 2 3 4 5 6 7 8 9 10 Proposal Page 6 of 6 - 1 r : ryti CITY OF CUPERTINO DEPARTKERr OF PUBLIC WCIF&S CALL FCR BIDS SpmCLFICATIONS FM SIDES+lA Z GRINDM PRCGECr 93-101 BID OPENING DEPART OF PUIBISC WMW rfUENDA►Y MARCH 23, 1993 2:00 P.M. Bert J. Viskovich Director of Public mks City Of , - Dqmrtment of Public Warks 10300 ZUre AVenU8 Cupertino, CA 95014 File: 50,324 a111J 771/..f C FROM= 93-102 TO: ME DIRFXZ'CR OF MILIC WORKS, CITY OF CUPEKP M, SWE OF CALIPC WAA Dear Sir: In ccupliance with the Plans and Specifications furnished for the work of the Street SdeePUV Project in the city of Cupertino, Project 93--102, the undersigned, thereby declare that I have read the proposal requirement, visited the sites,, and examined the speclf icaticns. I, the undersigned, hereby propose to do all work repaired to ec Wlete the work in avaerdanc e with the Plans and Specifications for the prices set forth in the follaiwinq stele. 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 understard that the quantities shaven below are eatimates only, being given as a basis for ccnparison 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 am=-ct of any class or portion of the wort. or to omit items cw portions of work deemed umecessa7rl by the Engiraer. The Ci to, 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 irregular-f.ties in the procedures. The work to be done consists of furnishi.-:g all labor, methods of process, tools, machinery and material requis7ed to complete the Street Sweeping Project, Project 93-101 as described ?n the Special Provisions. I, the undersigned, shall diligently prosecute the work to ccupletion as m1heduled. I further understand that I shall pay to the City of Opextino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are nat c copleted as scheduled and/or specified. ROLYrD4G SWEEPING Bid Est.Qty. Unit Item Unit Item Price Total 1. 451 ea Provide for grinding of P.C.C. $ . 5'4LL- /Ea $ 14.�t°�Jm. sidewalk where disp'iaeement is greater than 0" and less than or Pxpml to 291. 4j s: TOTAL BID: 14 PROPOSAL PAGE 1 OF 6 ,x ,r � Q+Y AFFMhVTT TO BE EXECUTED BY MW i, the undersigned, being first duly sworn, deposes and says that I am PRESIDENT of FARWEST SAFETY, INC. (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on bepaalf of, any undisclosed person, partnership, many, association, organization, or car oration. The bid is genuim and net collusive or sham. The bidder has not dimly or indirectly UAxmd or solicited any other bidder to put in a false or shame bid, and has not directly or indixectly colluded, conspired, =mived, or agreed with any bidder or anyone else to put in a sham bid, or that anyaMe shall refrain fraea bidding. 7 e bidder has not in any marner, directly or indirectly, sought by agreement, ox inication, or cm-iferenve with anyone to fiat the bid price of the biter or any other bidder, or to fine any overhead, profit, or cost element of the bid price:, or of that of any other bidder, or to sere any advantage against thr public body awarding the cm-Axact of anyone interested in the prcposed ooaytract. All status contained in the bid are true and, further, the binder 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, cap WW, association, organization, bid depositary, or to any wzber or agent thereof to effectuate a collusive or sham bid. PROPOSAL PAGE 2 OF 6 •I; BICUR PON a`x In further OuViianoe with the specifications ftnniished, I, the undersigned, submit the following statownts as to my experience and qualifications to perform this work as a part of this proposal. we have been in business under the present name for 6 years. our experienm in work corparable with that required by the proposed fact is 32 years operating under the followf.ng different r*3=(s) . A & H CONSTRUCTION A & A CONSTRUCTION FARWEST SAFETY, INC. My California Contractor's License Number is 523181, Mie classification of my Contractor's License is "Arr The expiration date for my Contractor's L,ieense is 01/31/94 * (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 C allfarnia, however, at the time the contract is awarded the contractor shall be properly liensed. Pf�MAL PAGE 3 OF 6 - j fi /+ # BIMM HL9MRY OF WORK The following is an exa3mple 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. Whm Phi Year Location Class For Performed Number Aft 1993 OAKLAND 04-127014 CALTRANS BILL T- nr,As 415-557-7078 15-577-00 1993 S. SAN FRANCISCO 04-192044 CALTRANS BILL THOMAS 415-557-7078 2-700-00 1992 CITY OF HERCULES 1991-02 CITY HERCULES JOHN DUNGEON 510-799-9251 11,352.00 FARWEST SAFETY HAS BEEN IN BUSINESS FOR APPROXIMATELY 7 YEARS. WE USE CONCRETE GRINDERS FOR LINE REMOVAL ON STATE AND CITY STRIPING PROJECTS. IN ADDITION RONALD G. ANDERSON HOLDS A CLASS "A" GENERAL ENGINEERING LICENSE, SINCE 1969 AND HAS BEEN ACTIVE IN THE CONTRACTING BUSINESS FOR OVER 30 YEARS. PROPOSAL PAGE 4 OF 6 1 grim xi ,S FCM The asubf7 ytractor(), as defined in the General Provisions and in Section 7026 of the California Business and Professions Gods, that Z propose to hire to perform any of the work for this project in an amount in exoess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform wank on this project and each of theca has been provided with a full and oouplete set of plans and specifications for this project by the bidder. 1• Name NONE Address ss Wank to be Perfarmad 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Wank to be Performed 5. Name Address Work to be Performed 6. Name Work to be Perforved ! POSAL PAGE 5 OF 6 EMMER'S SEMMUM NEW s: a IF YOU ARE AN INDIVW AL, SO STATE. IF YOU ARE A OOMANY OR A OD-PATaNERSHIP, STATE THE WeANY NAM AND LIST 7HE RAM OF AII, INDIVIDUAL CAP MUOSING THE COMANY. IF YOU ARE A VATION, ST�ATE THE �LUMI,!��NAME���,OgF Tm� �/.�O�mw RyA�T�ION AAP/ID�7�`f H �.XWM O�F� THE yPIE¢SIDERr,� .7i76.i�G'r,l9it1—id�i1'9SURER AND 1'3C5►�6'I�YS R. HE �VR�ATE SEM 1'1US BE AFTM i'Y! O THIS FM. EN""FR 'IME NAME OF YOUR BUSINESS ON THE IME OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS HIGHWAY SAFETY SPECIALITY NAME OF BUSINESS FARWEST SAFETY, INC. RONALD G. ANDERSON/PRESIDENT RONALD G. ANDERSON/SECRETARY-TREASURER LARRY PEACOCK/MANAGER SHARON KELLISON/SECRETARY OO-P : nMrv7 UAL: aIM: (Describe) Name and Signature of Bidder: RONALD G. ANDERSON (Prix or type name) Date: MARCH 23, 1993 Address (mailing & location) : 23801 S. CHRISMAN ROAD T.RACY, CA. 95376 Telephone Number: (209) 835-9296 Acknowled, m t of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 PrgMal Pane 6 of 6 BED PROPOSAL PAP 93-102 TO: TBE MIDMOR OF PUBLIC kKHWS, CITY OF CUPERTIM, STATE OF CALIFM41A Dear Sir: In oaplianoie with the Plans and Specifications furnished for the work of the Street Sweepinq Project in the city of Cupertino, Project 93-102, the undersigned, hereby declare that I have read the po< a1 requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to coWlete the work in aeoa dance with the Plans and Specifications for the prices set forth in the following schedule. I further uttder^vt',and 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 04x-- tiro does not state that the actual amount of work will eorrespcnd but reserves the right to increase or decrease the amount of any class or portion of the work or to emit itens or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder 7.-vsed on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the Procedures. The work to be dome consists of furnishing shi v g all labor, methods of process tools, machinery and material required to ecuplete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to =pletion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as scheduled acid/or specified. ROUTING SWEEPING: Bid Est.Qty. Unit Item Unit Item Price Tonal 1. 451 ea Provide for griming of P.C.C. $29,50 /Ea $J3.304 s"/ma. sidewalk where displacement is greater than 011 and less than Or equal to 211. TOTAL BID: $ J 3 2yi. PROPOSAL PAGE 1 OF 6 NCIXXILLZICK AFFMAVIT TO BE EKECUrM BY MM BXD I, the signed, being first duly sworn., deposes and says that I am VICE PRLSIDI=gT: of P,� I- C USTRUCTIOU _ M. (Business Title) (Business Name) the panty 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 dimly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly oolluded, conspired, c.wm,/ed, 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, oaa inication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or oust 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 interests in the proposed contract. All statements contain al in the bid are true and, further, the bidder has not, directly or indirectly, sulni.tted the bid price or any brea)mimm thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will rot 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 2 OF 6 93-008 SIDEWALK GRINDING 2 of 4 PROJ. 93-1019 93-102 � Iq in further compliance with the specifications flzm hed, I, the undersigned, submit the follaain; statements as to my egex ience and qualifications to perform this work as a part of this propo"i. We have been in business under the present name for 0 years. Our experience in work curable with that required by the PrOPosed contract is - years operating under the following different name(s) . My California Contractor's License Number is 3 ZCOLOS2 The classification of my factor's Licensee is P B The expiration date for my Contractor's License is 3 *************************************************************************** * (Mis section for City use Only) * Me above infornmtion has been verified by on * Contractors State License Board (800) 321-2752 or (408 277-1244. Where federal funds are involved, no bid --;W=tted shall be inva_VIdated 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 liensed. PROPOSAL PAM 3 OF 6 OF 6CIRK Ihe following is an example of work similar in character to that required in the proposed oontract which our organization or personnel in our organization has ccupleted within the past three (3) years. vam Phone Year Location Class Far Performed Number Fit 10 19gi/92 StmoALK GRIA1 ma O TLi o4 1 Pe--TZ �Tt1 SE3, l�,so �1l1)Eu)AIY, ,Rl Q RA CiT�0� CAiPZTINO t1r�5.n73. PROPOSAL PAGE 4 OF 6 WMAMMIS FCM ,,be %bcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project an an amauYt in excess of ore-half of one percent (0.5%) of ':he total bid are listed below. Only those listed below shall perform work on this project a_rd each of them has been provided with a full and coaplete set of plans and specificatiords for this project by the bidder. 1. Name Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performer? 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed pROPOSAL PAGE 5 OF 6 rBEOMMIS tiSMMOUTM FCM IF YOU AM AN DDIVIDUAL, 90 SME. IF YOU ARE A CMWANY OR A INDIVMXML s•D R fMS CCKPOSING 1T COMANY. IF YOU AIRE ;• - C: SMT TM LWAL NAM OF ► MUCH AM 7M NAM OF M PMSIrM, M-:arvrW . y, MM AM MUMM. `. CORPCPJM SM NM BE APPMW TO -,•PRIAM BUSINES VY OF BUSINEW NW OF BUSINMIR .r Ya y.S. rr. r u r1 JDnC VENIURE: ♦ ►a.• v_ .nr- andSignature of Bidder: p1q i II ., type name) Date: u : : .. � C . L iq i • 1 T3Adawwledgment of all addwda received is required by circlug each addendum number. 10 CITY or CUPERTINO DEPART OF PUBLIC WOKS CAL FM BIDS SPDCIFICATICMS Fit SIDEWMX GRUMING PRAJF?CT 93-101 BID OPENOG DEPARnOV OF P(JKZC WMW VJESDAY Mii M 23, 1993 2:00 P.M. Bert J. Viskavich Director of Public Works City of Cup tim - Qqmwbnent of Public Works 10300 ToYre AVeffw,e Cupertino, CA 95014 File: 50,324 TABLE OF C NrENITS 03RTRACr DOCUMENTS A. BID DOCUMENTS 1. Notir.,e to Contractors 2. Proposal B. GENERAL PROVISIONS 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definitions of Term 4. Prosecut on and Progress of The Work 5. Control of the Work 6. Legal Relations and Pasponsibilities, to The Public 7. Proposal and Awn-d of 0ontr act C. SPECIAL PRWISICKS 1. Location 2. Scopr of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Limits of Wok 6. Time of Caepleticn/Liquidated Damages 7. Payment a. Protection of Property 9. Pollution Control D. CONTRACT DOCUMENTS E. SIDEWALK GRINDIM DETAILS F. SIDEWALK GRIMIM LIST G. GPM4DIM MP H. SIGd AMM PAGE A. RM DOCUMENTS 3fancs m .amakamm City of CApertino 10300 Torre Aver 04sertino, California 95014 The City of Cupertino, Santa Clara Omaity, California, invites sealed Pr+ Posals for the construction of the work as delineated on the Plans and/Cr In the Specifications, entitled smmmx Gmmm, Fimamw 93-101. Contract Documents, consisting or Notice to Contractors, Proposal, Time for Cmpletion, Estimated Quantities, Nancollusionn Affidavit, Bidder Quali.f icati m Form, SuIxxntractors Form, Signature Form, Standard Specifications, General Provisions, Special Provisions and Plans, Faithful Performance Bond, Labor and Material Bond, Insurance Certificates and Contract for Public Works, may be reviewed and copies of same may be obtained at the office of the City Engineer, City of 04xrtino, 10300 Torre Avenue, 04mtino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7, Proposal and Award of Contract, of the General Provisions for full directions,ons as to bidding. Sealed proposals will be received at the office of Public Works, Department, City Hall, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, until 2:00 P.M. on HNKH 23, 2993 at which time they will be publicly opened and the oaaparative totals read. All proposals or bids shall be by cash, a cashier's check or oertif ied check payable to the under of the City of Cupertino, .i^ the amount of ten percent (10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two (2) sureties who shall justify before any officer ccupetent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall became payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the oontraLt. All bids shall be compared using the estimated quantities prepared by the Engineer and the grit Prig submitted. No innocuplete nor innterlineated proposal or bid will be aoceptred. Bidders are required to bid an all items of the proposal. No federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in aoocrdanoe with the laws of the State of California. No bids will be awarded to a CcntractGor who is not licensed in aoeardanoe with the provisions of Division 3 of Chapter 9, °BContracts1° of the Business and Professions Code of the State of California. The contract shall not to awarded to any bidder who does not possess a Class 66 or General Engineering Contractor's Lioense. Page 1 of 2 NOW 496 eka .j 1 •r • • •r • I fell llc�- _ • = 1.•" M it �.^ li'S--•.- V..= :• — w C••^. are) so - 'ill =- •' • _ •'•: :w. "-•1 `• .'•:•1 • 'J -'=1 :• •t •�! _ _ 1. ti •. - ..•, . i • - �: �'1' •- III.? •.•:•._ 4 •` •+: - • •�••_ - - - •_- ► rill, ' • ••�••_ ••:r 1 •I• � f r • 1.0=1' MINI 1 • ••: 1 J K. t r PIWJE ° 93-1.02 TO: IM DIRZC XR OF PUBLIC WCM, CITY OF CIAWnWO, STATE OF CALIF WFIA Dear Six: In coW l.iance with the Plans and Specifications furnished for the dark of the Street Sweeping Project in the city of Cupertino, Project 93-102, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and ermined the specifications. I, the undersigned, hereby propose to do all work requites to caplete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prime include all costs including, but root limi ed 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 bards for ccrgmrison of bids. The City of Cupertino does not stag: that the actual amount of work will correspond but resew the right to increase or decrease the amount of any class or portion of the work or to omit items arc portions of work deemed unneoe.s ry by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based ce the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures- The work_ to bet dome consists of furnishing all labor, methods of prooeso, tools, machinery and material required to complete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, sha11 diligently prate the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sun of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as sctwduled arri/or specified. ROUTING SWEEPING: Bid Est.Qty. Unit Item Unit Item Price Total 1. 451 ea Provide for grinding of P.C.C. $�'7, 4a /Ea $ /mo. sidewalk where displacement is greater than 0" and less than or equal to 211. TOM BID: $ l 7 MPOSAL PAGE 1 OF 6 f � AFFMDAV3Cr TO Ef I, the undersigned, being first duly sworn, deposes and says that I am f C� : :i N 1R of L (Sam, nes.sness Title) (BusineAs Nance) the party the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, =Vany, assoziat.ion, orgaruzzaticn, or c=pasation. Mw bid is Wmine and not collusive or sham. The bidder has riot 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 sha!_L refrain from bidding. Mw bidder has not in any manner, directly or indirectly, sought by ate, cmmmicakion, f-,r conference with anycm to fix the bid price of the bidder or any ott.,w bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secs any a:k\rdntazge 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, duly 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, may, association, orWAzation, bid depository, or to any menber or agent thereof to effectuate a collusive or sham, bid. PROPOSAL PAGE 2 OF 6 EaEcat t FCM In further cawlianoe 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 S year. Our experience in 4ork comparable with that required by the proposed contract is years operating under the follcxdm different name(s) . My California Contractor Is License Mmber is The classification of my Contractor's License is A - 7 The expiration date for my Contracter's License is 9 S * (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 shrill be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, himever, at the time the contract is awarded the contractor shall be properly liensed. PROPOSAL PAGE 3 OF 6 CrMEW EMSEW The following is an exanple of wArk similar in character to that recgu red in the Proposed contract which our organization or personnel in our organization has ccupleted within the Past three (3) years. iafl= Phone Year Location Class For Performed Number Amount A D M V f,qC Fc i s-tgL, /ri -- 7 1 Coti'Y,2aC-T Cl - J 3 S i n T 2U3-415-9 /.7 S -� � \ 1�ILL StIL-Lii•r?/v �L'4�,.�fj -/U�/ / '' C' 13 ,J A Y N$ r'r ,1 / �7 YO C �Z c'( , PF412WL PANE 4 OF 6 MFBULCXRIS MEN The suboontractor(s) , as defies in the General Provisions and in Section 7026 of the California Business and Professions Code, that T prose to hire to perform any of the work for this project in an amount in ems of one-half of one peroent (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 ocuplete set of plans and specifications for this project by the bidder. 1. Name Address Work to be Perform 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Dame Address Work to be Performed PROPOSAL PAGE 5 OF 6 00 }T E S I�' SEM THE CCWANY NAM AM LM IM NAM OF ALL DMIVIDEJAL OD—PARMIM COMPOSIMTHE CC14PANY. IF YOU `R UUMIUMATICNt SDM UM LBGAL N&M OF DM OMWORMON AND J NAM OF THE 7. 11 5 ' SBMUnM-J1REhSUM AND MANAGM. DM CORPORATE SEAL MUSr BE AFTMW TO DUS MM. EWM ti r NAM OF Yom Busnmss cff 7w Lim opposrriE a r APPROPRIATE - SD N TWE OF 1 If 1 U • fVENTURE: ..;i 1}• f a:,.« -Name and Signature of Bidder: or - name) Date: 12 Address r-. • & location) Telephcne b'•' /1 Acknowledpent of all addenda rece is required by circliM each -dde * .f l lrnnbpx. 10 NMI r B. GENERAL PRUVISICNS 1. ADOPTICN OF S WDAFd) SPB=CATICNS By this reference, the Standard Specifications of the State of California, Department of Transportation dated July, 1992 (herein referred to as "Standard Specifications") is incorporated and adopted as the Stated 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 riot a part of the City's Standard Specifications. 3. DEFINMCNS 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, ration, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions dole. The term contractor includes subcontractor and specialty contractor- 1-1.13: "Department" means the City of Cupextino, (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 agents) (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 wank. 1-1.39: "State" means the City of Cupertino. 4. PJCSEMTICN AND PRESS OF THE WCM a. Hazar, sus Materials If the presence of asbestos or hazardous substances is disclosed in the Bid or Contract Documents, the Oontractar•, or the Contractor's designated Subcontractor, shall be registered pursuant to Section 6501.5 of the Labor Code and certified in accordance with subdivision (a) of Section 7058.5 of the Business and Professions Code. General Provisions page 1 of 15 a. Hazardous Materials (continued) In the event the Contractor encounters on the site asbestos or a hazardous substance that has not been disclosed in the Bid or Contract Documents, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe, and shall immediately cease work on the area affected and report the condition to the owner, or the owner's representative, or architect in writing. b. Noise Control Grading, construction and demolition activities sha11 be allowed to ex d 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 abates devices installed and in good condition and the activity meets one of the following criteria: 1) No individual device produoe`s a wise level more than eichty- nine(89) dBA at a distance of twenty-fiv+e(25) fit from said device. 2) Noise levels created do riot exceed seventy(70) dBA on any nearby P 'tY- It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. trading, 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. c. 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. d. Record Drawings The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Record Drawing10 plans to the Dint of Public Works. Five(5) sets Of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations ir, the construction from the plans provided to the Contractor by the City. e. Right of Wad The right cl way for the work to be constructed will be provided by the City. The Contractor shall make arrangeme: and pay all expenses for additional area required outside of the limits of right of way. General Provisions page 2 of 75 f. Vision of the Contract. If, at any time, the City determines that the Contractor has failed to supply an adequate woricing 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 reDise 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 pates to suspend the operation of the Contractor. Upor, 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 rotative 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 euploy other parties to carry the contract to completion, employ the necessary works, hire c.,.apment, 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 anrnal and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. 'The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of c'`ct 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 c rpletion have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant lion or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. g. Time of ConEletion and Liquidated Dank-gee The work to be performed under this contract shall be completed in acoor�dance with Section B, paragraph 4c, 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 sun 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. General Provisions page 3 of 15 g. Time of Completion and Liquidated Damages (continued) 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 bey due to the Contractor under the contract. It is further agreed that in case the work called for miler 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 n uat r 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, superintiendenee, and other overhead expenses which are directly chargeable to the contract, and ,Auch accrue during the period of such extension. The oast 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 dispxtes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of +he causes of delay within fifteen(15) days from the beginning of a.,y such delay. nie Engineer shall ascertain the facts and the extent of tine delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which eouid 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 inaorpOrated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equiprnsht which are processed, made, fabricated or iranufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time cute with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved f--m any claim 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 15 g. Time of Completion and Liquidated Dwages (continued) the Contractor shall notify the Engineer in writing of t"* causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated dates or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engine-- r°s findings shall be final and conclusive. Ewx^t for additional owtpensation provided for in Section 8-1.09 of the State Standard Specifications (1°Right of Way Delays") , and except as provided in Public Contract Cade Section 7102, the Cmitractor shall have no claim for damage or q3ensation 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 co pletion of the work in excess of that expressly provided for in this section. [See 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 p mform such dust control neastne within two(2) hours after notif ication that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two hours, the City of Cupertino may order that dust control measures at the site be donne 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 tell service at all facilities servicing the project.. All work done by the Contractor shall be aeomplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday thresh Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Wwr ever 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 Juvqxacticn may be provided. Any work done in the absenoe of the Engineer will be subject to rejection. General Provisions page 5 of 15 c. Inspection (continued) Inspection costs for any work dune 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 Cmtrractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. (See State Star9dard Specifications Seeeticn 5-1.08. ] d. Man mrentation The OmytractOr shall PrOP rly guard, protect and preserve all street and highway monuments, all property corner and property line ms 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 ca the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Represextative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or Producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. A Ll tests of, the materials furnished by the Contractor shall be made in accord&-ice with manly recognized standards of national organizations, and such spacial 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. Toe contractor shall have all of the utilities, undezxAXund mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be eUployeed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the contractor's expense. General Provisions page 6 of 15 g. Water for Construction Water used in any way for the construction of the project shall be im�oxted by the Cofactor and shall be non-potable water in tank., clearly marked as such unless specific authorization to deviate has been granters by the Engineer. If authorized by the Engineer, the Contractor may extract anion 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. LM,L RFdA cNs AND REM3MSIBILXrIES To nM 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 unsatisfiedd after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. b. Indemttity Contractor shall indemnify, hold harmless and as-sam the defense of, in any actions at law or in equity, the City, its officers, employees, agents, and elective and appointive boards, from all claims, losses, damage, including Irby fie, Personal injury, including death, and liability of every kind, nature and description, arising out of or in any way connected with the negligent acts, errors or emissions, or the willful misconduct of the Contractor or any person directly er indirectly employed by, or acting as agent for, Contractor, directly or indirectly related to the provision of any professional services provided hereunder, but not including the sole or active negligence, or the willful misconduct of the City. 'Ibis indemnification shall extend to claims, losses, damage, injury and liability for injuries occurring after the completion of the aforesaid operations, arising from Contractor's work. Submission of insurance certif icates or s toussion of other proof of compliance with the ins'lrance requirements does not relieve the contractor from liability under this irklemnification and hold harmless clause. The obligations of this indenity clause shall apply whether or not such insurance policies have been determined to be applicable to any of such damages or claims for damages. The City does not authorize the impermissible use of any patent or the reproduction of any copyrighted material by the Contractor which exceeds "fair use10 in the performance of this contract. The contractor is solely responsible for any such infringement. The contractor shall indemnify the City against and hold it harmless from any and all losses, damage, costs, expenses, and attorney's fees suffered or incurred as a result of or in cca ecticn with and claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this contract or specified by or procured by the Contractor, or out of the processes or actions employed by, or on behalf of, the Contractor in connection with the performance of this Contract. General Provisions page 7 of 15 b. Indermiity (continued) Ilse Cc-itractor shall also indemnify the City against and hold it harmless fray any and all lass, damage, costs, ems, and attorney's fees suffered or inured on ao=mt of any breach by the Ccxitractar, or its employees, agents, or subcontractors, of the aforesaid obligation and covenants, and any other provisions or covenant of this Contract. c. Insurance Before Contractor performs any work at, or prepares or delivers materials to, the site of onion, Contractor Mall furnish certificates of ianoe evidencing the foregoing insurance coverages and such certificates shall provide the naive and policy number of each carrier and policy and that the insurance is in fame and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Corrrract is fully completed. 11m requirement for carrying the foregoing insurance shall not derogate from the provisions for unification of the City by OmYtractor under this Contract and for the duration of the warranty period. Notwithstanding rear diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full farce and effect during the life of this Comitraet, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide :Rating of A-Class VII or better. Worker's Compensation Liability. In accordance with the Worker's Compsati ai Act of the State of California - $1,000,000 per occ u rerxce. Public Liability - either Combined single limit of $1.0 million commercial general liability per occurrence; 2.0 million in the or cosprehenive general liability; aggregate. including provisions for contractual liability, personal injury, indepen- dent contractors and property damage coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allvmped. Automobile Liability - conFrehensive Combined single limit of $500,000.00 covering owned,: non-owned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.01A(4) of the State Standard Specification, which apply. In addition, the Contractor shall comply with the aed minority and file employment practices of the Office of Federal Contract Ccuplianae of the United States Department of Labor as established for Santa Clara County. General Provisions Page 8 of 15 e. Prevailing wages The Contractor shall keep fully ixiformed 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. Copies of the prevailing rate of per diem wages are on file at the office of the Director of Public works, City of Cupertino. f. resolution of Oonstn ction Claims This section applies to all public works claims of three hunched 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 (ccumeming with Section 10240) of Chapter 1 of Part 2 of the Public Contract Code. This section applies cnLy to contracts entered into on or after January 1, 1991. As stated in subdivision (c) of Section 20104 of the Public Contract Conde, any contract entered into between January 1, 1991 and January 1, 1994, which is subject to this section shall incorporate this section. To that end, these contracts shall be subject to this section even if this section is repealed. The term "Public work11 has the same meaning as in Section 3100 and 3106 of the Civil Coale. 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 to the claim the City may have against the claimant. (b) If additional informations is thereafter required, it shall be requested and provided pursuant to this section, upon mutual aunt of the City and the claimant. (c) The City's written response to the claim, as further doted, shall be submitted to the claimant within fifteen(15) days after receipt of the further motion or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. General Provisions page 9 of 15 f. Resolution! of Construction Claims(continued) 3. (a) For claims of over fifty thousand dollars($50,000.00) and less than oz 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 rat, in writing, within thirty(30) days of receipt of the claim, any additional documentation Ming the claim or relating to defenses to the claim 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 a to the claim, as further dam, shall be submitted to the claimant within thirty(30) 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, restively, and Ord an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer cmifer+enoe within thirty(30) days for settlement of the dispute. 5. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (camencing with Section 900) and Chapter 2 (comm wing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Goverrme nt Code. For purposes of those provisions, the running of the period of time within which a claim merit be filed shall be tolled from the time the claimant submits the written claim pursuant to paragraph 1, above, until the time that claim is denied, as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 6. This article does not apply to tort claim and nothing in this article is inter 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 GovexTmiennt Code. The following Procedures are established for all civil actions filed to resolve 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. General Provisions page 10 of 15 f. Resolution of Construction Claims (continued) 2. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (wing with Section 1141.10) of 'Title 3 Of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (crying with Section 2016) of chapter 3 of Title 3 of Part 4 of the Code 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 appointed 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, determinesa different division. In no event shall these fees or expenses be paid by state or county funds. (c) In addition to Chapter 2.5 (wing 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 now 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 nova. 3. 1 he court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. g. Responsibility for Dam The City of QVertino, the City Council, the Engineer or the Engineer's agents shall not be an:� b�rable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability impost 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 whatsoev-.r during the ass of the work or at any time before its oapleticn and final acceptance. In addition to any remedy authorized by law, so nx:h of thee money due the Corttractoo` 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 became due to the Oontractor prior to acceptance of the contract. motion of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General P.ruvisions Page 11 of 15 g. Responsibility for Damages (continued) 2. No vtention of additional amounts out of partial payments will be made if the mount 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 indmnifi.ed 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 arrartgeue'st1, , 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 aocident 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, farm, and amount as provided in Section B, paragraph 6c, above ("Insurance) . (See State Standard Specifications Section 7-1.12.) h. Workers Compensat1cn and UneMlcyment 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 Insu--ance Code, in effect for the entire period covered by the proposed contract. 7. PROPOSAL, AND A-MRD OF CORACT a. Competency of Bidders All bidders are required to amplete the "Bidder Qualification Form" as provided in the proposal. Incomplete farms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. Contract Bonds 1 he Ooattractor 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 Contractar. 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 board will be released six(6) months after the Notice of Coupletion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Coupletion. 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. (Sea State Standard Specifications Section 3-1.02.) General Provisions page 12 of 15 c. Execution of Contract The sucoessful bidder, as Contractor, shall emote the Untract set forth in the contract dommnts and provide the contract bonds and irmwanoe certificates required therein within eight(8) days, not including Saturdays, Sundays and legal Holidays, after the bidder has received the contract for execution. Failure to do so may result in ardent of award and forfeiture of the proposal guarantee. d. Payment The City will make partial payments to the Oontractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. Ihe City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment sole are available at the City's Accounting Ont. The City will retain ten percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire wino is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 15430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of wit, or any other security wally agreed to by the contractor and the City. A sample escrow agreement is included in Section 22300 of the Public Contracts Code. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. e. Proposal Forms The City will furnish to each bidder a standard proposal farm, 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 farm is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Fbrm, Sub- Contractors Form and Signature Form. The Contractor shall submit as a min. , the Notice to contractors, Proposal, Bidder Qualification Form, -%b- contractors Form and Signature Farm. Bids am-taining less than this or bids containing incomplete forms will be disregarded. General Provisions page 13 of 15 e. Propasa7. Forms (continued) All proposals shall state the dates for completion, if required, the prices posed, both in writing and in figures and shall show a total, and shall be sinned by the bidder, with the bidders ems. If proposals are made by an itxii.viu a1, name and post office address shall be shown. If Made by a firm or partnership, the nose and post office address of each member of the firm or partriership shall be shown. If made by a corporation, the proposal shall show the manes, titles and business address of the pr ident, 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 operung 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, 95014-3255 or by calling (408) 252-4505. f. Proposal Guarannty All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a mate surety, or by the bidder and two(2) sureties who shall justify before any officer caupetent to administer an oath, in double said amount and over and above ,all statutory exemptions. Said cash or ckm& shall be forfeited or said bond shall became payable to the City in case the bider depositing the same does not enter into a contract with the City within ten(10) clays after written notice that the Contractor has been awarded the contract. g. Rejection of Proposals Proposals may be rejected if tiey show any alterations of form, additions not called for, conditional or alternative bids not called for, incomplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. [See State Standard Specifications Section 2-1.06.] h. Subcontractors The proposal shalt 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 prim contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or i�mv+einent, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a pca.-ticn of the: work or itqurovement 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 hiomys, including brides, in excess of one-half of one percent (0.5%) of the prime: oantractor's total bid or ten thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portioai of the work which will be done by each for this project. The prime contractor shall list only one(1) for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 14 of 15 INDEK CNI PAGES) ADOP rION OF 1 APFR1MCZS W ) 8 AUINCRM To DEVIATE FR0M THE APFROM PLANS 5 ICY OF BmMERS 12 C�dS TIDiN CLAIMS 8-10 CIONTC BOINDS 12 C04 MCMIS PA9fMIlT+TI'S 7 CONTROL OF THE Wit 5,6 urz- OF TES 1 Dm CIONTROL 5 FTFION OF COACT 13 HAZARDOUS MATERIALS 1,2 HEADINGS AND CSTA CMS 1 INDEM1VY 7 INSPBCPION 5,6 INSURANCE -- P[JBFZC T IAB1 TY AND PROPERTY DAMAGE8 INSURANCE - WC00M OOIjn2rxa cK AND [NEMPL,OlCNJEt1l' 12 LABOR NMISCRIlNDMTIOK 8 LFGAI FdMATICNS AND Ta 7M PUMZC(labor Code 6d) 7-12 MCNESO PATION 6 NOISE CCFn3M 2 PAYMENT 13 PREVAILU G WAGES 8 PROGRESS OF THE WORK 2 AND AWARD OF CDNTRAGT 12-14 PROPOSAL FC1R4LS 13,14 PROPOSAL GUA1RMM 14 PR06DCL1ITON AND PROGRESS OF THE WORK 1-5 RFCCRO DRAWINGS 2 REM9MON OF PROP06ALS 14 RESOlLt.iION OF CCffS'IY&KTICff CLAIMS 9-11 RIGHT OF * S�IIBILLXrY FC R DAMAGES 11,12 AY 2 SAMPTJES AND TESTS 6 14 SUSPENSION OF TEN; CIwrRACT 3 77 M OF =- CN AND 11QUIDATEO DAB 3-5 ZjIILXrIES 6 mum FCR 6 WORKERS COMPENSATION AND iAYEmpiomw msURANCE 12 Gexaral. Provisims page 15 of 15 SPECIAL PROVISIONS 1. VOCATION Ibis work is located within the City of Cupertino, Ccuuity of Santa Clara, State of California, at various locations. 2. SCOPE OF Wes• Ihe work shall consist of furnishing all labor, equipment and materials necessary for the grinding of the P.C.C. sidewalk in accordance with these specifications. 3. ESTIMATED QLMNTT=: Item Description Unit QQ 1. P.C.C. sidewalk, greater than 0" and less than or Each 451 equal to 210 uplift; (4 1/2 ft.wide X 611 to 1211 long) , Detail A & B. 4. EXPIANATIM OF BID ITEMS; The unit price bid per unit measure of work shall include all costs of labor, equipment and materials necessary for the grinding down of Portland Cement mete sidewalk, including move in costs for each location, in accordance with the special provisions. Any item shown on the details or described in these special provisions and not specifically listed as a bid item shall be considered as included in the various bid item and no special cragensation will be allowed. Bid Items No. 1 s Sidewalk Grirxir (Each) : These items shall be bid per each and shall include ail costs for: a) Grinding of P.C.C. sidewalk and removing and disposing of residue from grinding. b) Grinding shall be performed so that the sidewalk surface has essentially the same texture adjacent to either side of the joint or crack. c) Samples of sidewalk that have been leveled by a grinder can be seen in front of 21529 & 8045 Bubb Rd. and 10331 and 10041 Pharlap Avenue. d) See Details A & B SPECIAL PROVISIONS PAGE 1 OF 2 SPEMAL PROVISICKS (CIaPTIMRW) 5. 7.MM TS OF WOW: A rotative of the City shall paint the limits of grinding required at each sidewalk location. 6. TTME OF OCloRMMON/LIWIDAM MMkUS The contractor shall diligently prosecute the work and said work shall be ccgmpleted on or before Jbm 7, 1993. No work on Saturdays, Sundays, or Holidays, or before 8:00 A.M or after 5:00 P.M. will be allowed. 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 czapletion date. 7. PAYMERr: Payment shall be made on only those addresses the City has approved for grinding. No other coupensation will be allowed. A payment sc, le is available in the Public Works Department. Change orders will not be considered or accepted after the project has been accepted by the City Oouncil. 8. PRO►I'DG' CN OF PROPERTY: The contractor shall maintain the work site as clean and as free of dais as is feasible. The contractor shall not pile is or equipment or otherwise trespass, on private property, unless he has obtained specific permission from the property owner. The contractor shall take reasonable precautions to cause the least damage possible to existing iipmvements and landscaping in the work area on both public and private property 9. POLLUTION CC TTROL: Sweep up spilled dry and wet materials inmediately. Never attest to "crash them away" with water into the storm drains. Use only minimal water for dust control. SPDCIAL PROVISIONS PAGE 2 OF 2 D. CONIMACr FOR PUBLIC WORKS This OONMCT made on , 19 by the CITY OF CUPE U NO, a municipal corporation of the State of C allfornia, hereinafter called CITY, and hereinafter called C of I CMR. T_T IS HERESY AGREED by CITY and CX?PTTRACTCIR as follows: 1. THE COPPMCr DOCtll'UMS. The ooplete contract consists of the following contract documents: a. Notice to Contactors, Proposal, Time for Completion, Estimated Quantities, Nonoollusion Affidavit, Bidder Qualification Form. Sub- Contractors Farm and Signature Form. b. Standard Specifications, General Provisions and special Provisions. C. Plans and Specifications for d. Faithful Performance Bond and Materials Bard. e. Insurance Agreement, Certificate of Insurance, Endorsemie t of Primary Insurance, Additional Insured Endorsepment, Rx1ommen ent of Aggregate Limits of Insurance per Project, Waiver of Subrogation E2�dtnse�ient Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not men+-ioned in the other, or vice versa, is to be executed the same as if mention in all of said documents. The documents ccuprisi.ng the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and specifications shall prevail. 2. THE WORK. C70MMCM agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to Perform and Complete in a good and working order, the work of as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications pared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively,an _ d which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said wwk shall be performed and co pleted as required in said Plans and Specifications under the sole direction of CoTTRA rm, but subject to the inspection and approval of CY'I'Y, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 6 � ^1• ?� i'Y 1 t � • � / 1�' �... ,is Y �+ r• a i -<• - - ..•• W. • - ar. ••�t'�. •- vl -err.=z a •T •- • r_ a - •' IN •- - dF � •• _a [� • IL= :a' •_ • it • - -_• -__ .I Y• ' !i'. 1`• OW. •'.J `(1: • I. '!1'y. . " .. • M = al 1 •. - •it 0 a, •it 03 N•• 1100 - M- .- •I I =�. •I. ► -• _ a- n,_.•..� =l:i•�. :•^ a •i. .•.-i •ili: M - oil. • /e 'H7. 1 L]I:yl � �'::• 1 1� V'• 'J7•. 1,'J�' IJ`' M _ - - _ •Y • • •._ -- • W i 7a • - �. a•a - -•.. - •.. - - COMRAC r FOR cPUBU C WORKS (oont in;:c ) 9. Ta4m4mrioN, Ammmwr OR mwinCATTm 'This contract may be terminated, amended or 7rdif ied, with the mutual Ott of the parties. The a pensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR ICN. All work under this Contract shall be completed in accordance with the Time for Coupletion sections in the proposal and the Specifications of this project. If amIIItAL'I m shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by charges ordered in the wank, or by strikes, lockouts by others, fire, unusual delay in trattspertation, unavoidable casualties or any causes beyond CMPIRAC IS control, or by delay authorized by CITY, or by any cause which CITY shall dire justifies the delay, then the time of ompletioh shall be extended acoo diingly. This paragraph does not exclude the recovery of comes for delay by either party under other provisions in the am-stract Dements. 11. iNsp C'I cN AND T=NG OF MATERIALS. CORMCIM shall notify CM a sufficient time in advance of the manufactum, production or testing of materials to be supplied under this Contract, in order that C;"ri may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMUMM FUR BREECH Cat INSOLVENCY. If CCBMPIRACIOR should be adjured a bankrupt, or should make a general assign meat for the benefit of creditors, or if a receiver should be appointed on account of insolverx-y, or if COTTTRACTm or any sub-vontractcr should violate any of the provisions of the Contract, CITY may serve written notice upon OWIRALM and OMMACIOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for C M I S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. In the event of any such termination,nation, CITY shall imnadiately serve notice thereof upon CCM'PACIM,S surety and cct1n ACIM, and the surety shall have the right to take over and perform the Contract; provided, hawever, that, if the surety within fifteen(15) days after t1-A serving UPOn it of notice of termination does not give CITY written notice of its intention to take Over and perform the contract, or does not eonanioe performance thereof within thi.ity(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to oappleticn by cog-itract, or by any other method it may deem advisable, for the account and at the expense of oMMtAt'IOR, and coRMcrcR and ccUn f.'Imes suety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in coapleting the work, such materials, applianoes, plant and other property belonging to CONTRA= as may be on the site of the wcwk and necessary therafar. 13. TIC CITY'S Ri(w TV LLD c mnuN ANC AND MAKE APPLIMuN MMMF. In additions to amounts which cny may retain under other provisions of the Specif icatioehs until final ccopleticn and aeoeptanoe of all work covered by the contract, Cn y may withhold from payment to aw7[RAam such an amount or amounts as in its judgement may be necessary to pay just claims against CMMACIrk or sub-contractors for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 CONTRACT FoR Pumic wows (continued) CTTY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of OD1MACMR, and any payment so made by CITY shall be considered as a payment made under the Contract by CM to CONTRACMR, and CITY shall not be liable to CXtiNTRACMR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CG1UMCMR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as mare fully described in CITY'S Notice to Contractors. 14. NOTICE AMID SERVICE THERMF. Any notice from :tee party to the other under this Co,itract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of C Ti'Y, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUP'ERTINO, 10300 TEE AVENUE, cuPERrINd, CA 95014, postage prepaid and certified; (b) if the notioe is given to CORMCMR, either by personal delivery thereof to CCi nPAcm, or to CmnPAaw S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to , postage prepaid and certified; and (c) if notice is given to CCldnw�'S surety or any other person, either by personal delivery thereof to CONTRACXR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to 0-fll2ACICRIS surety or person, as the case may be, at the address of CC[ MCTORIS surety or the address of the person last ommunicated by rut, person to the party giving the rn*-ice, postage prepaid and aartified. 15. Assimmwr OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due them, shall be assigned by CMnYACIM without the prior written approval of CITY. 16. CQ44--ANCE WI7A SPBCIFICATICNS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by cONI'RACIOR, wtless CITY ages in writing to some other material, process or article offered by COIMAMM which is equal in all respects to the one specified. It shall be CCMIRACIM'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WCOMIS 034YDMZCN INMLWXCE AND EI4'I MIS LIABILITY DMMANCE. =mACPOR shall take out and maintain during the life of this Contract Worker's Ccugx msation Burn m and Employer's Liability Insurance for all of CONTRACIOR'S employees Employed at the site of the project. In case any work is sublet, OMRRACMR shall require any and all sub-ccntracWrs similarly to provide Worker's Coepvnsation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the COR AMR. Contract Page 4 of 6 COk7IR.ACr FOR PUBLIC WORKS (continued) In signing this Contract CotMAcmR makes the following certification, required by Section 186.1 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in acaordanae with the provisions of the Labor Code, and I will caaQly with such provisions before commencing time performance of the work of this Contract." 18. AOCMERr PPZVE TIC N. Precaution shall be exercised at all times for the protection of persons (including employees) and property. 'he safety provisions of applicable laws, building codes and construction c shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Oorstructio1 and Safety Orders is ued by the Industrial Accident Cam scion of the State of California. 19. C7GrR'RA('Tt l S RFsPONSIBIIzrY FuR THE WCM. CO2II!?AiCMM shall not be respa ible for the oast of repairing or restoring damage to the wank caused by Acts of God. NEvERnmZSs, CLtln2ACrM shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CM for any damage to the work caused by Acts of Gal. "Acts of God" shall include only the following occurrences or editions and effects: earthquakes and tidal waves, when such occurrences or rani iticns and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency, having occurred in a populated area. subject to time foaeci0ing, CITY shall not, 1n any way or mannier, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work► or equipment or any part thereof, or in, on, or about the same during its constrwtion and before acceptance. 20. CUfIRACIOR'S GLMARM. C]WI*=M urgualif iedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by (]wntA+.rm or by any or supplier in the project which is the subject of this Om tract, unless a lesser quality is expressly authorized in the plans and specifications, in which event CoUrRACMR unqualifiedly guarantees such lesser quality; and that the work as performed by CWT WrM will eonferm with the plans and specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patemnt, revealed to CITY within one(1) year of the date of acceptance of OaWleticn of this fact by CITY, C33rfllZ crm will forthwith remedy such defects without cost to CII'Y. Contract Page 5 of 6 WnPACT FOR PUBLIC 4doM (oontimied) IN WTINES.S WIWMF, the parties have emmute+d this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUP£RTIM mNTRACIC(R By: - - By: Mayor Attest: M*agy adolowle&pient is required. If a City Clerk o=paration, oor=ate seal and oarporate notary acknowle&pent are required Dam: 19 City Clerk ADD AS TO FCM AND Om*raat Amount: PROCEDURE: Ac oount Number: Ruse Order MAber: City Attarney Corttr'act Page 6 of 6 COPIrRACT FOR PUBI..T.0 IWORRS (continued) IP7SMANCE AMUMDGWr A. Contractor is aware of the provisions of Section 3700 of the Labor Cam, which requires every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before wing the performance of the wrrk of this Contract. B. Contractor and all suboottractcrs will carry workers' cotpensatim insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogaticn'against the City, the City's officers, agents and employees and shall issue an to the policy evidencing same. C. Contractor shall carry at all times, on all operatians lax, commercial or comprehensive general liability insurance, auto mobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amx tts required by the City and shall be evidmxsd by the i smance of a certificate in a farm prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, attract work, contractual obligatims, product or completed operations, all am d vehicles and non-awned vehicles. said insurance coverage obtained by the Contractor, emooepti.rg workers' compensation coverage, shall nams the City, its engineer, and each of its Directors, Offieers,Agertts and EWloyees, as determined by the City, as additional insures on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's hide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Oontractar shall famish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the nature and policy nutd xer of each carrier and policy and that the insurance is in farce and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in ford umytil the work under this Contract is fully completed. The red semen' for carrying the foregoing insurance shall not derogate from the provisions for it nif icatian of the City by ®ont actmr under this Om*ract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Oontractar with respect to the foregoing, Contractor shall maintain in full force and effect String the life of this Owtract, the following insurance in aQaouatts not less than the amm=*a specified and issued by a conparry admitted in California and having a Best's Chide Rating of A-Class VII or better. Worker's Compensation Liability. In accordance with the Worker's oompensartiat Act of the State of California - $1,000,000 per occurrence. insurance Agreement Page 1 of 2 CIWMCT FOR PUBLIC WOFW (continued) Public Liability - either Combined single limit of 1.0 million ocnowcial general liability per occurrence; $2.0 million in the or comprehensive general liability; aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Automobile Liability - comprehensive Combined single limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. By: (Contractor's Name) Dated: 19 Insurance Agreement Page 2 of 2 CONTRACT FOR PLRUC WORKS (continued) CERTIFICATE OF INSURANCE TO THE CITY OF g3PERTINO This cer;.ifies to the City of Cupertino that the following gibed policies have been issued to the insured named below and are in forge at this time. Insured: Address: Description of cperations/lccat�icns/Modurts • (show contract name and/or manber, if any) : WaRKERS' CQMPENSATICN *Statutory Min. *Ewloyer's Liability (name of .insurer) S S S Best Is Rating Insurance Canpany's State License No. Check Policy Type: Each Occurrence $ C04PREHE NSIVE GENERAL LIABILM Y [ ] Premises/operations General ate $ (if applicable) [ J Owners & Contractors Protective ate $ [ J Contractual for Specific Contract Personal Injury $ [ ] Products Liability [ J XCU Hazards [ ] Broad Foam P.D. Fire Damage (any [ J R erability of Interest one fire) $ Clause [ 7Personal Injury with medical MqMM M ployee Exclusicn Retnayed (any one Pwscn) $ or Self-Insured CICHMERCIAL, GENERAL LSABILITY Retennticn $ (name of in�arer) Best's Rating Policy No. EqDiraticn Date Certificate of Insurance Page 1 of 2 CtWMCT FOR RMUC WORKS (continued) AZJICHVrrVE/VDE CLE LIABILITY BODILY IrLTUW PROPERTY DAMAGE czvvercial Form Each Person Each Accident Liability Coverage S S Each Accident (name of per) $ or Combined Single Limit $ Best s Rating Policy No. Expiration Date BUILDER'S RISK 1/.ALL RISWI 'This is to certify that the following policy has been issued by the below- stated coupany in conformance with the of Section 8-1 of the General Provisions and is in force at this time: (name of irsuer) POLICY EG?IRATICN LX IITS OF' DID[crnn E NUMBER DATE L.IABIL.rri A copy of all Endor3ments to the policy(ies) which in any way (agents Is ,nit) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insutance policy and does not amend, extend or alter the courage aff'arded by the policies listed herein. Notwithstanding any requirement, term, or ccrditicn of any contract or any other doc u mnt with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the term, exclusions and cm uhticns of such policies. IT IS HEREBY CEIM71W that the above policy(ies) provide 'liability insurance as required by the Aft between the City and the insured. By: Dated: 19 Attach Certificate of Insurance and Additional Irk Erdoze- on company forma. Certificate of Insurance Page 2 of 2 COMPACT FOR PSMUC WOWS (continued) ENDOztS`774ENr OF PRIMARY INSURANCE In consideration of the policy premium and notwithstanding any inoon- sistent statement in the policy to which this is attached or any other Endor:a attached thereto, it is agreed as follows: The insurance afforded by this policy is primary y insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. POLICY INFUROTION 1. Insuranae OaaQany: 2. Insurance Policy Number: 3. Effective Date of this 19 4. Insured: All notices herein provided to be given by the Insurance Oagwry to the city in connection with this policy and this Additional Insured �1-sement, shall be mailed to or delivered to the City at 10300 Tbrre Avenue, Comer.tiro, California, 95014. I, (print/type Tom) warrant that I have authority to bird the below listed Insurance Ocmpany and by my signature hexem do so bind this O®pany. Signature of Authorized tative: (Original signature required on all a w" furnis!'ed to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Primary Qxkwsement Page 1 of 1 ADE)MOU 1L, INSURM ENDORSEMENT In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Bxbrsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino no ("City") and its Directors, officers, engineers, agents and emloyees, and all public agencies from whom permits will be obtained and their Directors, officers, engineers, age its and arployees are hereby declared to be additional insureds ur der the terms of this policy, but only with respect to the operations of the Cmrtractcr at or upm any of the premises of the City in motion with the Contract with the City, or acts or omissions of the additional iris in connection with, but limited to its general supervision or inspection of said operations. POLICY INFURIMATIM 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this dement: 19 4. Tx inured: All notices herein provided to be given by the Insurance CCnpany to the City in connection with this policy and this Additional IruRned nxlorsemerrt, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cu;pertino, California, 95014. I• (pry/type name) warrant that I have authority to bind the below listed Insurance (many and by my signature hereon do so bind this OcnVany. Signature of Authorized Representative: (Original signature required on all flzdorcs itsfurnidied to the District) Names of Agent/Agency: Title: Address: Telephorw-: Facsimile: Additional Insured s®ertt Page 1 of 1 COMMC`r FOR PUBLIC WORKS (continued) 0344MiMS1VE GDORAL LIABnXry/ CCMHERC L GENERAL LIABILITY ENDORSE MERr OF ACGRMTE LIMITS OF INSURANCE PER PROJECT in consideration of the policy premium and notwithstanding any irxm- siste..nt statement in the policy to which this EY 9 rsiament is attached or any other Endorsement attached thereto, it is agreed as follows: This Endarrsema_nt modifies the insurnance provided under the General Liability Coverage part of the below`referenoed policy of insurance. The general ate limit under LIFTS OF IlNSt RANGE applies separately to the project descaribed as POLICX INI9 MCH 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this went: 19 — 4. Insured: 5. Additional Insured: City of Cupertino, its Directars, Officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in =mectian with this policy and this Additional Iasuz7ed IItidaasement, shall be mailed to or deliver to the City at 10300 Tborre Avenue, 043Wtino, California, 95014. I, (print/type rame) warrant that I have authcarity to bind the below listed Instinra m Company and by my signature hereon do so bind this many. Signature of Autk=ized native: (Original signat r�equire�d an all to the ure Distr ct) Names of Age/may: Title: Address: Telephone: hone Facsimile: Agate Limits Page 1 of 1 mtTIRACT FOR PUBLIC WOWS (contim ed) WAIVER OF S JBRM CN E M)ORSIIKEIr W HaaR'S CCMPE NSATION INSURANCE In consideration of the policy premium and n7twithstarx1 ng any irvocn- sistent statement is, the policy to which this Erdarsement is attached or any other E7dorsemett attached thereto, it is aged as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Cm parry waives any right of moti on it may acquire against the City of cupertino, and each oi. its Directors, officers, agents, consultants and employees by reason of any E:on-ent made on acoWnt of injury, includini; death resulting therefrom, sus. ia._ed by any e[nployee of the insured, arising out of the performance of t'�-- above-refer act. POLICY INE R UION 1. Insurance Conpany: 2. insurance Policy Number: 3. Effective Date of this . , 19 _ 4. Insured: All notices herein provided to be givers by the Insurance 00cpany to the City in connection with this policy and this Additional Insured Sidorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (Pry/type name) warrant that I have authority to bird the below listed Insurance C®pany and by my signature hereon do so bind this Company. Signature of AuthorizedRepresentative: (Original signature required on all furnished to the District) Names of Agent/may: Title: Address: Telephone: Facsimile: motion E ndarsament Page 1 of 1 CONTRACT FOR PUBLIC WORKS (oontirTued) NOTICE OF POLICY CANCELLIMON ENECRSEMERr In consideration of the policy premium and notwithstanding any irK=- a, sistent statement in the policy to which this ..att is attached or any other Endorsenexit attached thereto, it is agreed as follows: Cancellation Notice. Ihe insurance afforded by this policy shall not be sued, voided, canoelled, reduced in ouverage ur in limits, or materially altered, emoept after th rty(30) days' Prior written native by certified mail, return receipt requested, has been given to 'the City of c3sertine ("City") . Such notice shall be addressed to the City as indicated below. POLICY INI ma7cy 1. TIouranoe Carty: 2. Insurance Policy Number: 3. Effective Date of this 19 4. Insured: All notices herein Provided to be given by the Immwance C=WW to the City in connection with this policy and this Additicral insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Average, Cupertino, California, 95014. I► (Pr'int/tl'Pc'- name) warrant that I have authority to bind the below listed Gcepany and by my signature hereon do so bind this Couparty. Signature of Authorized ReQres�ttative: (Original signature refired an all Fdtdorsements, iaiO hed to the D strict) Names of Agent/Agar-y: Title: Address: Telephone: Facsimile: Cancellation 011insemert Page 1 of 1 FA,TIIFJL PE RFMWCE BOND KNM ALL KEN BY THESE PRESENT`S: THAT WE, as Principal, (contractor's name) and Surety, (fig y's name) � as are held and firmly bound unto the City of Cupertino, State of California, in the sane of lawful marW of the United States, for the payment of which 11 and truly to be made, we bind ourselves, our heirs, executors, sm3ccesscra and assigns, jointly and severally, firmly by these presents. THE COMI17CH of the foregou q obligation is such that, FIIMPZ%.S, the Principal has entered into a contract with the City dated work to-wit: ,19_ with the Obligee to do and perform the following NOW, THEREFCRE, if the said principal .shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full fcroe and effect. IN WTINMS HH EPMF, this instnm ent has been duly executed by Principal and Surety this day of , 19 (To be signed by Principal and Surety. Notary aclaaowledgment_s required) Principal Surety By: Attorney-In-Fact The above bond is accepited and apprvved this day of ,19-- Faithful Performance Page 1 of 1 Carl'RACT MR PT-WIC 14ORKS (continued) LABOR AND MATERIAL SAND KNOW ALL MEN BY IW SE PRESENT': wH R£AS, the City of Cupertino, State of California, and s hereinafter designated as "Principal" have entered uno or are about to ernes into a contract providing for the installation, motion, and erection by Principal of more particularly described in said contract; and ut000`porated herein by reference. 6II•1>`RFAS, said Principal is required to furnish a bcx in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teaffi used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of arty kind, the Surety on said bond shall pay the saw to the extent hereinafter set forth; NU•,4, 1111i RE, WE, as Principal, (contractor I s tie) and as Surety, (Bamling Company Is name) f irmly bind ourselves, our executors, admi istratiOrs, sucOessars and assigns, jointly and severally, unto the City of , and any and all materialmen, persons, companies, C-" corporations hanishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work eoettracted to be executed or performed under the attract hereirkAbove mentioned, and ted 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 perscins who perform work or labor upon the same, and all perms who supply bath work and materials, whose claim has not, been paid by Principal or by any other person, in the just and full sum oft 5 THE CCWITIW OF INIS OffiIGATICK IS SUCH MW if said principal., lus or its subcontractors, heirs, emeeutara, administrators, sLxx:essors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the perfor®a we of tare work contracted to be clone, or for any work or labor thereon of any kind, or far ammmts ctae under the Lhteaployment Insurarwe Act with respect to such wane or labor, or any and all damages arising under the original cat, then said Surety will pay the same and also will pay in case suit is kamught upon this bond, such reasonable attorney°s fee as shall be fixed by the oauirt. Zhis bond shall insure to the benefit of any and all persons, companies, artd corporations entitled to file claims under Section 1184.1 of the Code of Civil Prooedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Pz 1 1 of 2 COMRACT FOR PUMIC WORKS (continued) 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 der or the specifications aoccuqarpring the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the cmYtract or to the work or to the specifications. IN wrn;MS WHEFtEDF, this instrument has been duly execrated by the Principal and Surety this: z"y'day of �7grr��-, 19 . (Tb be signed by Principal. and Surety. Notary adowwl is required) COMMC'IUR vEnoN,^A S.r�C07COMMI46Jfi:S[, 836 tJ�l ac< Notary Poblic-'ditom;a My Com" ,'on CxLwe3s Morc'�2;.14Vu Principal Jut&-;�)5 Surety By: Al. ar ey-I act Zhe above bond is accepted and approved this day of ,19� Labor and Material Pages 2 of 2 ,t. NNW RIND oliT ��' ! ExlSTtN6 pC.C- "LK '•ter''. P, GRIND (4j a _.. EylSTING PC.C. WALK t)ETM L 1 LK (��t td DING pETA1 L5 S jpEWA N.�t'.S. SORT BY ADDRL-S ADDRESS NUMBER MOREJOTHER DATE ID d NUMBER J STREET NAME OF GRINDS INFORMATION COMPLETED 143 10299 I AINSWORTH OR 1 122 ; 10656 AMULET PL 2 AEGRlND-1 219 7~20075 APPLE TREE LN 1 220 20157 APPLE TREE LN 1 13 1321 ASTER LN 1 REGRIND-1 17 1529 ASTER LN 2 18 1553 ASTER LN 1 20 1529 ASTER LN/X-FROM 1 196 10495 BANDLEY DR 1 195 BANDLEY DR/N.MARIANI AV 1 194 10627 BANDLEY DR/X-FROM 1 201 10161 BEARDON DR t ON THE SIDE 200 10163 BEARDON OR 1 191 BEARDON DR/N.OF VALLEY GREEN DR 4 216 BLANEY AV @ OVERPASS/NW COR 1 229 10191 BLANEY AV N. 1 235 10303 BLANEY AV S. 1 231 BLANEY AV S./'X-FROM BRENDA CT 1 293 919 BLAZINGWOOD DR 1 REGRIND-1 294 925 BLAZINGWOOD OR y 2 85 7494 BOLLINGER RD WEST 1 297 BOLLINGER RD/50'W.OF-HYDE 1 20F 10180 BONNY OR 1 295 948 BROOK GROVE LN 1 292 10856 BROOKWELL DR i 157 945 BUBB RD 1 161 11021 BUBB RD, 1 299 803 CANDLE WOOD DR 1 29 1157 CANDLELIGHT WY 2 REGRIND-2 28 1191 CANDLELIGHT WY 1 144 22335 CARTA BLANCA ST 1 145 22345 CARTA BLANCA ST 1 146 22365 CARTA BLANCA ST 1 128 10481 CASTINE AV 1 REGRIND-1 217 10552 CEDAR TREE CT t 175 11131 CHADWICK PL 2 229 10400 CHERRY TREE LN 2 REGA1ND-2 '7 t0431 CHERRY TREE LN t 226 10438 CHERRY TREE LN 2 225 10447 CHERRY TREE LN 2 210 20653 CHERYL OR 1 211 20682 CHERYL.DR t 130 22084 CLEARWOOD CT 1 _ 131 22086 CLEARWOOD CT 1 _ 132 22156 CLEARWOOD CT 1 , REGRIND-1 245 20301 CLIFDEN WY 1 246 20305 CLIFDEN WY 3 1 ON THE SIDE 242 20321 CLIFDEN WY 1 243 20321 CLIFDEN WY/X-FROM 1 REGRIND-1 179 10655 CLUBHOUSE LN 2 REGRIND-1 308 10225 COLBY AV 1 REGRIND-1 307 10299 COLBY AV 2 REGRIND-1 252 10257 COLD HARBOR DR i PAGE [ SORT BY ADDRESS ADDRESS NUMBER MORE/OTHER DATE 10# I NUMBER F STREET NAME OF GRINDS INFORMATION COMPLETED S1 1057 COLONY HILLS LN 2 90 1066 COLONY HILLS LN 1 REGRIND-1 291 6397 COTTON WOOD CT 1 REGRIND-1 290 917 COTTON WOOD DR 1 284 10141 CRAFT OR 1 209 20636 CRAIG CT 2 REGRIND-1 137 22015 CREEKSIDE CT 1 ON THE SIDE 32 1165 CRESTLINE OR 1 33 1187 CRESTLINE OR 1 34 1195 CRESTLINE DR 1 35 1199 CRESTLINE DR 1 ON THE SIDE 141 22449 CUPERTINO RD 1 140 22468 CUPERTINO RD 1 297 10534 CYPRESS DR 2 265 10451 DAVISION AV 1 REGRIND-1 264 10460 DAVISION AV 2 263 10481 DAVISION AV 1 262 10536 DAVISION AV 1 87 7547 DELA FARCE OR 1 ON THE SIDE 106 10294 DEMPSTER AV 1 107 10425 DEMPSTER AV 1 108 10484 DEMPSTER AV 1 299 10484 DEODARA DR 1 298 10571 DEODARA OR i 6 7502 DONEGAL DR _ 2 ON THE SIDE 163 10894 DRYDEN AV 1 164 10895 DRYDEN AV 2 86 7454 DUMAS DR 1 269 880 E.ESTATES DR 1 271 10143 E.ESTATES DR 1 REGRIND-1 272 10224 E. ESTATES DR 1 273 10300 E.ESTATES DR 1 266 10431 E.ESTATES OR 1 267 10450 E. ESTATES OR 1 268 10620 E.ESTATES DR 2 REGRIND-2 270 10794 E.ESTATES DR 1 160 21550 EDWARD WAY 1 74 7574 ERIN WY -_ 1 75 7580 ERIN V" 1 76 7602 ERIN WY 2 78 7624 ERIN WY 1 79 7632 ERIN WY 1 REGRIND-1 77 7649 ERIN WY 3 REGRIND-3 89 7409 FALLENLEAF LN 3 REGRIND-3 239 10265 FARALLONE DR 4 294 887 FERNGROVE OR 1 REGRIND-1 286 10441 FINCH AV 1 285 10315 FINCH AV/X-FROM 2 112 21640 FITZGERALD OR 2 222 20061 FOREST AV 1 REGRIND-1 223 20105 FOREST AV 1 1 S6 902 FORT BAKER DR / REGRIND-1 155 926 FORT BAKER OR 2 PAGE SORT BY ?ADDRESS ADDRESS NUMBER MOREIOTHER DATE 10 a NUMBEr� STREET NAME OF GRINDS INFORMATION COMPLETED 123 10653 GARDENA CT 1 253 10430 GLEN VIEW OR 1 276 19379 GREENWOOD OR 2 277 19385 GREENWOOD OR 1 278 19441 GREENWOOD OR 1 279 19444 GREENWOOD DR 1 124 10658 HALE PL 1 50 7563 HOLLANDERRY PL 2 47 1112 HOLLYHEAD LN 1 57 1120 HUNTERSTON PL 1 56 1145 HUNTERSTON PL 2 158 8061 HYANISPORT DR 1 159 8061 HYANISPORT DRA-FROM 1 2 1463 JAMES TOWN DR 1 ON THE SIDE 1 1464 JAMES TOWN DR 1 105 1140 KENTWOOD DR 1 82 803 KIM ST 1 REGRIND-1 73 849 KIM ST 1 30 7491 KINGSBURY PL 2 RE "D-2 31 7539 KINGSBURY PL 1 81 7623 KIRWIN LN 1 REGRIND-1 310 19620 LA MAR CT 2 166 11095 LA PALOMA DR 1 REGRIND-1 167 11144 LA PALOMA OR 1 256 10379 LANSDALE AV 3 255 10411 LANSDALE AV 1 254 10471 LANSDALE AV 2 ON THE SIDE 236 20083 LAS ONDAS WY 1 237 20095 LAS ONDAS WY 2 238 20217 LAS ONDAS WY 2 67 7799 LILAC WY 1 ON THE SIDE 165 11067 LINDA VISTA OR 2 REGRIND-1 257 10451 LINDSAY AV 2 ON THE SIDE 186 21701 LINDY LN 1 84 805 LONNA LN 2 118 MANN DR @ STEVENS CREEK BLVD 1 244 10654 MARTINWOOD WY 2 REGRIND-2 120 10555 MARY AV 1 119 MARY AV/50'S.LUBEC ST 1 121 MARY AV/X-FROM LUBEC ST 1 83 7540 MCCLELLAN RD 2 REGRIND-2 214 20601 MCCLELLAN RD 2 72 20900 MCCLELLAN RD 2 149 22164 MCCLELLAN RD 1 REGRIND-1 152 MCCLELLAN RD/50'W.BUBB RD 1 68 MCCLELLAN RO/60'E.ROSEBLOSSOM 1 150 MCCLELLAN RO/19 SCHOOL FLAG POLE 1 151 21737 MCCLELLAN RO/X-FROM 1 305 19721 MERRIT DR 1 306 19730 MERRIT DR 1 ON THE SIDE 300 19821 MERRIT DR 1 ON THE SIDE 296 19991 MERRIT DR 2 REGRIND-2 126 21377 METEOR DR 2 PAGE 3 SORT BY ADDRESS ADDRESS NUMLER MORF-;OTHER DATE t0 NUMBER STREET NAME OF GRINDS INFORMATION COMPLETED 127 21381 MILFORD DR 1 291 660 MILLER AV 1 290 678 MILLER AV 1 282 10141 MILLER AV 1 REGRIND- 1 281 10380 i MILLER AV 2 REGRIND-2 298 957 MILLER AV/X-FROM 1 188 21526 MONROVIA ST 3 183 11247 MONTERY CT 1 295 6431 MYRTLEWOOD AV 1 16 7561 NEWCASTLE DR 2 REGRIND-1 15 7625 NEWCASTLE DR 2 111 10293 NOEL AV 2 REGRIND-1 110 10413 NOEL AV 1 109 10462 NOEL AV 1 ON THE SIDE 303 10274 NORWICH AV 2 REGRIND-i 304 10292 NORWICH AV 1 REGRIND-1 302 10345 NORWICH AV 1 REGRIND-1 301 10396 NORWICH AV 1 REGRIND-1 63 1012 NOVEMBER DR 2 62 1039 NOVEMBER OR 1 61 1067 NOVEMBER DR 1 REGRIND-1 60 1068 NOVEMBER DR 1 59 1091 NOVEMBER DR 1 258 10441 OAKVILLE AV 1 11 7581 ORANGE BLOSSOM DR 2 12 7695 ORANGE BLOSSOM OR 1 218 10575 ORANGE TREE LN 1 58 7850 ORION LN 1 248 20234 PACIFICA DR 1 178 11117 PALOS VERDES DR 1 213 20616 PARADISE DR 1 197 10160 PARK CR E. 1 ON THE SIDE 199 10162 PARK CR E. 1 REGRIND-1 198 10192 PARK CR E. 2 REGRIND-2 14 7584 PEACH BLOSSOM DR 1 123 10682 PEBBLE Pl, 2 ON THE SIDE 133 10080 PHARLAP DR 2 REGRIND-2 1 b4 10090 PHARLAP DR 1 135 10100 PHARLAP DR 1 139 10201 PHARLAP DR 1 138 10211 PHARL 1 1 136 10401 PHARLAP DR 1 288 605 PHIL CT 1 287 632 PHIL CT 1 259 10433 PINEVILLE AV 1 260 10510 PINEVILLE AV 1 261 10530 PINEVILLE AV 2 221 10266 PLUM TREE LN 2 ON N THE SIDE 7 7497 PLUMB BLOSSOM DR 1 ON THE SIDE 3 1283 POPPY WY 1 4 1381 POPPY WY 1 REGRIND-1 309 10345 PORTAL AV N. 2 249 10214 PORTAL AV S. 1 PAGE SORT BY ADDRESS AOORESS NUMBER MOREJOTHER DATE ID N NUMBER STREET NAME OF GRINDS INFORMATION COMPLETED 153 W51 PRESIDIO DR _ 2 ON THE SIDE 154 8165 PRESIDIO OR 2 9 1284 PRIMROSE WY 1 8 1296 PRIMROSE WY 3 5 1606 PRIMROSE WY 2 REGRIND-1 t 9 20555 PROSPECT RD 1 224 10416 PRUNE TREE LN 3 REGRIND-2 10 7510 RAINBOW DR 1 ON THE SIDE 21 7533 RAINBOW OR 1 22 7595 RAINBOW OR 1 23 7603 RAINBOW DP. 3 24 7647 RAINBOW DR 2 25 7733 RAINBOW DR 4 2 ON THE SIDE 189 21557 RAINBOW OR 1 190 21567 RAINBOW DR 1 274 10516 RAMPART AV 1 187 21502 REGNART RO 2 ON THE SIDE 280 19470 RICHWOOD CT 3 REGRIND-1 202 RODRIGUES AV/50'W.STEVENS CREEK BL 1 97 7401 ROLLINGDELL DR 3 2 ON THE SIDE 104 7425 ROLLINGDELL DR 2 103 7456 ROLLINGDELL DR 1 102 7497 ROLLINGDELL DR 1 REGRIND-1 129 21375 RUMFORD DR 1 70 836 S.STELLING RD 3 89 848 S.STELLING RD 2 REGRIND-t EO 874 S.STELLING RD 1 66 903 S.STELLING RD 1 46 1108 S.STELLING RD 1 39 1114 S.STELLING RD 2 38 1140 S.STELLING RD 1 37 1196 S.STELLING RD 1 _ 36 1198 S.STELLING RD 1 71 S.STELLING/CHURCH DRIVEWAY 1 65 912 SAGE CT 1 172 11050 SANTA TERESA DR 2 ON THE SIDE 168 11071 SANTA TERESA DR 2 169 11091 SANTA TERESA DR 1 174 11122 SANTA TERESA D14 2 170 11140 SANTA TERESA DR 1 173 11153 SANTA TERESA DR 2 REGRIND-2 203 20745 SCOFIELD OR 1 204 20791 CCOFIELD OR 1 215 SCOFIELD DR @ MC WHORTER'S 1 49 1105 SCOTLAND OR 2 64 826 SEPTEMBER DR 1 O2N2 7552 SHAOOWHILL LN 1 7564 SHADOWHILL LN 1 6169 SHADYGROVE DR 1 6212 SHADYGROVE OR 2 22588 SILVER OAK WY 1 22566 SILVER OAK WY/X-FROM 2 REGRIND-2 SILVERADO AV/FRONT OF KFC 1 PAGE 5 93-008 SIDEWALK GRINDING 3 of 4 PROJ. 93-1019 93-102 SORT BY.ADDRESS ADDRESS NUMBER MORE/OTHF_R DATE ID q NUMBER STREET NAME OF GRINCS INFORMATION COMPLETED 240 20065 SOMERSET DR 1 53 7755 SOUIREHILL CT _ 3 REGRIND-1 _ 55 7756 SOUIREHILL CT 2 REGRIND-1 54 7764 SOUIREHILL CT 1 52 7547 SOUIREWOOD WY 2 _ 51 7587 SOUIREWOOD WY 1 48 7646 SOUiREWOOD WY 2 40 7699 SOUIREWOOD WY 2 1 ON THE SIDE 98 7433 STANFORD PL 1 99 7439 STANFORD PL 1 101 7490 STANFORD PL 1 289 753 STENDHAL LN 1 113 10341 STOKES AV 1 114 10400 STOKES AV 1 115 10460 STOKES AV 1 116 1047. STOKES AV 2 REGRIND-2 117 10540 STOKES AV 1 176 11109 3UTHERLAND AV 1 REGRIND-1 177 11139 SUTHERLAND AV 1 REGRIND-1 296 985 TANTAU AV 1 184 11233 TERRA BELLA DR 1 185 11305 TERRA BELLA DR 2 182 21699 TERRACE OR 1 171 21837 TERRACE DR 1 REGRIND-1 212 10272 TERRY WY 4 REGRIND-1 93 7414 TIPTOE LN 1 94 7491 TIPTOE LN 1 95 7540 TIPTOE LN 1 96 7544 TIPTOE LN 1 100 7558 TIPTOE LN/X-FROM 1 208 10425 TONITA WY 2 233 20360 TORRE AV 1 234 20364 TORRE AV i 232 TORRE AV Q STEVENS CREEK BL/W.COR 1 193 20650 VALLEY GREEN DR 1 192 20730 VALLEY GREEN OR 1 142 10468 VISTA KNOLL BL 1 181 22590 VOSS AV 2 REGRIND-1 180 22402 WALNUT CR 2 207 10431 WEST ACRES DR 1 43 1076 WEST HILL CT 2 44 1077 WEST HILL CT 1 42 1082 WEST HILL CT 1 45 1083 WEST HILL CT 2 1 ON THE SIDE 41 7692 WEST HILL LN 6 3 ON THE SIDE 205 10195 WESTERN DR 1 88 1048 WESTLYNN WY 4 92 1056 WESTLYNN WY 1 230 20093 WHEATON DR 4 ON THE SIDE 247 10550 WHITNEY WAY 2 162 10893 WILKINSON AVE 1 251 19733 WINTERGREEN OR 1 250 19743 WINTERGREEN DR 1 PAGE 6 SORT BY ADDRESS ADDRESS NUMBER MORE/OTHER DATE ID# NUMBER STREET NAME OF GRINDS INFORMATION COMPLETED 2 33 WOLFE RD/S.BOUND Q PERIMETER OVERPASS 2 REGRIND-i 275 IWOLFE RO/S.BOUND @ TGIF fi REGRIND-1 TOTAL NUMBER OF GRINDS 451 PAGE 7 SPB=F I=CNS FUR SIDENALK CPIMDC PROJECT 93-101 Reviewed by: Keen McKee Public Works Superintendent Reviewed by: Approved by: Cmnen Lymu*i ` J. 1 Senior Enguv*xing W&;-dcian D' of lic Works f SIGMaZ E PAGE 1 OF 1 CITY OF CUPERTINO DEPARIME`]T OF PUBLIC WVM CALL FM BIDS SPECIFICATICNS FCR SIDENALK GRI7DIN(; PFD= 93-101 BID OPENIM DEPA IP OF PUBLIC WMW TUESDhX KkFMI 23, 1993 2:00 P.M. Bert J. Viskovich Directcr of Public [mks City of 04mrtino - Dement of Public Works 10300 Zbrre Avg Q )ertino, CA 95014 File: 500,324 A. BID DOCCNRM MMICE TO C c"n City Of 04wtino 10300 Torre Avenue Cupertino, California 95014 The City of Cupertinnc, Santa Clara Cournty, California, invites sealed prPosals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled sM=UK GRDMG, P%07E= 93-101. Contract Documents, consisting of Notice to Contractors; Proposal, Time for Completion, Estimated Quantities, 1*7=11usion Affidavit, Bidder Qualification Form, Subcontractors Form, Signature Form, Standard Specifications, General Provisions, Special Provisions and Plans, Faithful Perf�.:: mane Bond, Labor and Material Bored, Insurance Certificates and Contract for Public. %irks, may be reviewed and dies of same may be Obtained at the office Of the City Engineer, City of Cu;ertino, 10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special attention Of bidders is directed to Section 7, Proposal and Award of Contract, of the moral Provisions for full directions as to bidding. Sealed proposals will be received at the office of Public Works Department, City Hall, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, until 2:00 P.M. on KNKH 23, 1993, at which time they will be publicly Opened and the compazati totals read. All proposals or bids shall be aeeapanied by cash, a cashier's deck or certified deck payable to the order of the City of Cupertino, in the amount of ten percent (10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidd ex and two (2) sureties who shall justify before any Officer competent to ado nist®r an oath, in double said amount and over and above all statntor l exemptions. Said cash or cteck shall be forfeited or said bond shall become payable to the City in case: the bidder depositing the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the contract. All bids shall be compared using the estimated quantities prepared by the Engineer and the Lhnit Prices submitted. No incomplete nor interlineated proposal or bid will be acted. Bidders are required to bid on all items of the proposal. NO federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a Contractor who is not licensed in accordance with the pravisiOns of Divinion 3 of Chapter 9, "Contracts0° of the Business and Profession Code of the State of California. 7ne contract shall rot be awarded to any bidder who does neat possess a Class 68 or General EgineeriM Contractor's License. Page 1 of 2 .•.1 _ ..: �-• ••._ .. -.� -•. •'f - = Cal• • ._•. '::- �!_� •'. - • `- _:. -•- .fir' • J =• !��•- .�- •. •. • - :11. - '01- •J •II. • ♦• r- - • • _.••� - - •_. • • =.11:,. r ram••._ :•�• 1 _ sl• _.• ,1, - •.�<. r =• •i ir•c - - � •: r mow:- - M f •_i' E'� I "ip 1� ,n p. BID PROPOSAL SUM" GREMEM PRQIFLT 93-101 TO: THE DIRECTOR OF PUBLIC WOWS, CITY OF CUPERTINO, STATE OF CAL.IFOEJIA Dear Sir: In compliance with the Plats and Specifications furnished for the won-k of the Sidewalk Grirriing Project in the city of Cupertino, Project 9:i-101, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifir-ations. I, the signed, hereby propose to do all work required to caWlete 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 casts including, but not limited to, local, state and federal taxes, and trratsportation 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 corm but reserves the right to increase or decrer :e the amount of any class or portion of the work or to emit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the riot to unilaterally determine and award the contract to any qualified biddy 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 Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to ccupletion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as scheduled and/or specified. Bid Est.Qty. Unit Item Lhit Item Price Total 1. 451 ea Provide for grinding of P.C.C. $�Ji q&( /Ea $ 35 sidewalk where displacement is greater than 0" and less than or equal to 211. TC1ML BID: $ PI 3� $ PROPOSAL PAGE 1 OF 6 ALL-PURPOSE ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER (� INDIVIDUAL(S) State of Califomia ❑ CORPORATE County of San Luis Obispo OFFICER(S) TITLE(C) On ��)r'l'r�' X-, T.3 1 i` _before me,Anita MinuQh,Notary Public PARTNER(s) ATTORNEY-IN-FACT personally appeared _t.1 t i�: /? tii!?f f'� ❑ TRUSTEE(S) SUBSCRIBING WITNESS personally known tome OR proved to me on the basis of satisfactory evidence ❑ GUARDIAN/CONSERVATOR be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that ❑ OTHER. he/she/they executed the same in his/her/their - - t authorized capacity(ies), and that by his/her/their r signature(s) on the instrument the person(s),or the ` � entity upon behalf of which the person(s) acted, OjJ : ? executed the instrument. Witness my hand and of(-lciai seal. SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY ATTENTION NOTARY: Although the mtormalfon requested oelow is OPTIONAL.It could prevent fraudulent attachment of this certificate to unnuthotlzed document THIS CERTIFICATE MUST Title or Type of Document BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages Date of Document' " 23 AT RIGHT: Signer(s) Other Than Named Above r?z_o_ �I RFFIDAVZT TO BE EXEKVM Mf 8EOM AM SUMMM B= EM I, the undersigned, being first drily sworn. deposes and says that I am Of (Business Title) (Business Ne.ime) y the party makijig the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, cony, association, organization, or car. waticn. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidier 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 pact in a sham bid, or that anyone shall refrain from bidding. 7he bidder has not in any manger, directly or indirectly, smjht by agreement, communication, or confer with anyone to fix the bid price of tine 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 sere any advantage against the public body awarding the fact of anyone interested in the proposed contract. All statements contained In the bid are true and, further, the butler has not, directly or indirectly, submitted the bid price or any breakdown thereof, or tents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any aticn, pip, any, association, organization, bid depository, or to any menber or agent thereof to effectuate a collusive or sham bid. PROPOSAL PAGE 2 OF 6 BMIM QUMXffCNnM FUM 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 rwe for 7 �years. Our experience in work comparable with that refired by the proposed contract is S' years operating under the followinc3 different name(s) . My California Contractor's Lime Nuebrr is The classification of my Contractor's License is The expiration date for my amitractor Is License is * (This Section for City use Only) * The above information has been verified by on — * Contractors State License Board (800) 321-2752 or (408 277-3244. There federal funds are involved, no bid submitted shall be invalidated by the failure of the bider to be licensed in accordance with the laws of the State of California, hmover, at the time the oontract is awarded the contractor shall be properly liensed. PROPOSAL PAGE 3 OF 6 s azMIR IEL91M CP WCM The following is an exile of work similar in character to that required in the proposed oontract which our organization or personnel in our organization has cxmpleted within the past three (3) years. Won Phcne Year Location class For Performed Nor Amomt ",L,r(��'� ��mi} � -�� �� c ��a�yb, c� c=-rwo� 000.nd 9 ti 9L' Cr.��t�,r.�` o� �a�� S/tom ���;,yo►�t1C� �`: e Yl ,a.3?, Lug s �, ;5fC> -5 w Ito A D)-fx cal L;'lti cE ZR' 1-T�✓� G:�Yt �f< t?�1.L'/l�Zd� B y� i PROPOSAL PAGE 4 OF 6 0 ATTACHMENT * I LZIT OF 921MAMS n = qM �aTa CITY OF HOM BAY 5" Narbor Street Ow" Bap, CA 93442 (905) 772-1214 Contact: Bill Bier Status: January 10, 1990 - present Sabering Departawnt Active Yearly thintenance Program CITY OF SAN LVIS OBISPO 25 Pradc Road San Luis Obispo, CA 93401 (905) 701-7220 Contact: Dennis Cox Status: February 21 , 1990 - present Street Dept. Superintendent dative "On-Call" Service CITY OF PASO ROBLES 1220 Pars Robles Street Paso Robles, CA 93446 (905) 239-1515 Contact: Jiro Reynolds status: throb 23, 1990 - present Street Dept. Superintendent Active "On-Call Service CALIFORRIA DEP&RTMU OF TRANSPORTATION (SAT.MS DIS`PRICT) P.O. Box 3710 Salinas, CA 93912 (409) 443-3175 Contact: Neat Lyman Statues: April 17, 1990 - April 19, 1990 District Supervisor Pres,i?ttlp Inactive CITY OF LOMPOC P.O. Box 9001 Lompoc, CA 93439 (905) 736-1261 Contact: Jim Darran Status: June 7, 1990 - present Street Superintendent Active Yearly Usintenance Program CUIFORNTA DEPARTMEW OF TRANSPORTATION (BDELLTON) 39" State Street Santa Barbara, CA (905) 549-3111 Contact: Mike 9reiten Status: June 22, 1990 only Watenance Division Presently Inactive Page 2 Attsobatnt 01 JuWary 1, 1992 CAL-POLY STATE UNIVERSITY (SAR LMS OBISPO) tration 0=00 San Lyds Obispo, CA 93407 Contact: Jerry 8entilvaci Statvs: Avert 21, 1990 only Plant Operations tSanager Presently Inactive CITY OF PISM BEACR P.O. Box 3 Pismo Beach, CA 93448 (905) 773-4656 Contact: Pat M lls or Jobe Barrett Status: October 3, 1990 - present Street Mintenauce Division Active 'On-Call" Service CITY OF SALUMS 200 Lincoln Aveatve SILUM, CA 93901 =805; 788-3233 Contact: Rank Rodriguez or Tao ttoutoya Statvs: December 3, 1990 - present Street Svperiutendent1Supvsr COMM OF SANTA BARBARA PW - rim DIVISION 912 T. Foster Road Santa tlaria, CA 93455 (805) 934-6100 Contact: Chuck Klassen Status: September 19, 1991 - present Road Mint. Svperintendent Active "On-Call" Service Rote: Additional Service Contracts Infurnation is available vtpon request. 'S FORK The subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Oode, that I Propose to hire to perform any of the work for this project in an amount in ems of one-half of one percent (0.5%) of the tAtal 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 co oplete set of plans and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name _ Work to be Performed 6. Name Address Work to be Performed pMpo5AL PAGE 5 OF 6 'S IF YOU ARE AN IN.DMD(ML, SO STATE. IF YOU ARE A cCPPANY OR A Oa-PAKDMRSHIP, STATE THE O@4PANY NAM AND LIST THE NAM OF ALL, III)IV7DUAL OD-PA cDOOSING THE OCMANY. IF YOU AREA CC143CRMCN, SPATE THE LEGAL NAME OF THE CMU3CPATION AND THE NAMES OF THE PRESIDENT, SECTARY-TREASURER AND MNAGER. THE OORPORATE SEAL M W BE AFFIXED TO TfUS FUM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPRUMM BUSINESS TYPE. TYPE BUSINESS ' �IGi�_ �i�IiD BUSINESS i'lrt'f 0,L, CO AS'7T CDRPMATION: OD-PARTNERSHIP: (� INDIVIDUAL:JOINT VENTURE: VEB+FLi RE: � C� OTHER: _ (� (Des=ibe) Name and Signature of Bidder: 5vt4 .T PPrint or t, name) s Da,-e: Address (mailing & location) : CA 314 q ► �!► �') (l.� _ r Telephone Number: tgo c :2 3 L -�?% 3 6s edgof all addenda received is required each by circling ea addendum number. 1 2 3 4 5 6 7 8 9 10 Proposal Page 6 of 6 • CENTURL COAST SURFACE GA1N®1N6 911 THII►I`O COURT `oo N. 8T11 STREET. 'tR PHSO HOHIIS, UR 9344E I UMPOC. fH 91436 180S) 230--9209 loos) 136 89m City of Cupertino Publit Works Department 10300 Torre Cupertino, CA Re. Invitation to Bid - Sidewalk Crirding Project. #93-101 "EXCEPTION TO SPECIFICATIONS" To Whom it May Concern: May this letter serve as an explanation for submitting my bid proposal without currently hv:;lding a valid -O Contractors License_ Please find enclosed a copy of my State Contractors License. I ;aave been licensed, in the Concrete Related Services Cat•agcry, since 1989; at which time I made no error in referencing my intent to start a business solely based, designed, and marketed on my experience and. technical background in cowrete and asphalt grinding. I have submitted along mt.h the Proposal th�e required doci.wlents listed as a) Bidders Qualification Form and b) Bidder Work History. These two forms along with the enclosed Company Brochure, 1 hope, can help alleviate any indications o.i my intent, to deviate from the "Specifications" so required in the Invit.at•ion to Pid signed and dated March 4; 1993. .if I c:Ln be c,.f fi:t?p-r a-ssistance, please, cor{tact• me I c.an be reached at my Paso Robles office Monday t.hru, Friday, Oil am to 5 OCR pm. Sincerely, Suzi K. Thek - Owner/Operator cc: file i; +i I! +� � � f.�i� �� � •ice ���� � � �� *Iafe Of %LT z t I i fO Milt I i! #I fi Pursuant to Chapter 9 of Division 3 of the Business and Professions Code �+ and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: CENTRAL COAST SURFACE GRINDING I ;'' ;�; ' �•: ,'.`',; to engage in the business or act in the capacity of a contractor in the following classification(s): 41 DEPAMMENr Or 11 C61/DO6 - Concrete Related Services l If 01114N Witness my hand and seal this day, l November 29, 1989 Issued November 16,1989 + tgnatur 'of Licensee Registrar of Contractor y' I ° v This license is the property of the Registrar of Contractors, is not ' Signature of License ualifier License Number �' Q transferrable, and shall be returned to the Registrar upon demand ��•� when suspended,revoked,or invalidated for any reason. It becomes �► void if not renewed. II l r -211REV,"9) N° 238236 State of CoRtomio ftw'Deportment of Consumer.Affoits 10 y"CONTRACTORS STATE LICENSE BOARD Ucnu gampm Eatiry S8094 3 I N 0 1 v Namelmamestyle CENTRAL COAST SURFACE GRINDING ctassuteailee(s) C 6 1/0 0 6 EspiriCas Date 11 /30/ 91 A LICENSE NUMBER BOND NUMBER S80943 �,"1"+ SSh CENTRAL COAST SURFACE GRIN CONTRACTORS STATE LICENSE BOARD EXPIRATION DATE i i /9 3 tk»ee Drsear S80943 IN0Iv CENTRAL COAST .SURFACE GRINOING ., . . ��61 B 006 ��1 1%30/ 93 CENT®AL COAST +SOMME SNIN®!NA 911 TREVINO CC,fKT $00 N 8TH STREET, OR ` PA .O ROBLES. CA 93446 LOMPOC. CA 9343h (805) 238-9209 (805)736-8936 CGRCRETErASPHALT GRINDING SERVICE RATE SCHEDULE (1FFRCTXVZ JU LY 1 , 1"2) PRD6RM 91 - MXUAL 11hXN2 'NA=E A) A monthly maintenance program with a predetermined amount of repairs per month. Central Coast Surleoe Grinding (CCSG) performs services donday through Friday until all damaged locations are repaired. After all repairs are performed CCSG will remain available to perform any additional repairs needed. B) Each serviced location will be measured in lineal feet and/or square feet and charged according to the rates listed below. C) Our invoicing department is flexable and will taylor invoices to meet your de- partments needs. (Open purchase orders and blanket purchase orders are accept- able) . D) Included with your invoice/s will be: 1 . a list of each location completed, the address, the lineal feet and any additional comments. Z. a list of each location not completed and the reason for not servicing it. Your department will be notified and if further action is requested then CCSG will act upon that request promptly. 3. When offsets are higher than 1 1/2" we will note each location, reason for the offset, and suggest a temporary patch. E) NOTE: "On-call Services" are available, free of service charces ,when your department is following the "Annual Maintenrnce Program" _ (See Program ##2 for details on the amount you will save) . MllSs FOR &MM NTMAIKE P'ROGRM 01 DESCRIPTION �ILIREEAL FOOT $/SQ71ARE FOOT Milling level raised portion of sidewalk $ 7.05 Milling raised portion >.�,E concrete curb/gutter case by case onZy(see Specs) Painted line removal (less than 300 1.1.) $ 3.05 Painted line removal (greater than 300 l.f. ) $ 0.65 Thermoplastic line removal (lass than 150 1.1. ) $ 4.90 Thermoplastic line removal (greater tLan 150 l.f. ) $ 0.85 Painted/Thermoplastic legend removal $ 3.25 Asphalt gutter reduction (drainage) $13.25 Asphalt cold planing (overlay prepp) $ 1 .25 Asphalt offset reduction $ 5•55 Asphalt shallow patch preparation $ 5• 05 71 Page Z of 5 Concrete/Asphalt Grinding Service vueiue of charges/speol- eaatsons January 1, 1992 e CI A) On-call service is offered as ass alternative to the "Annual Mintenscnce Program". "On-Call" service offers the following guidelines and rates: 1 . An operator is available for service calls tkmday through Friday from 7:30a.m. to 4:00p.m. 2. Each service call is subject to a $75.00 call-out fee. 3. Each service call requires a ** minimum services" amount of 20 lineal and/or square feet. Dote: If the "minimvm service" amount is not met an additional $50.00 mill be charged to the account. All service call fees will be in.- cluded with your billings statement. 4. "On-Call" Service will include, but not be limited to, the services listed below. rVMMM 02 DE SCpYPTIOI� $/LI11EAL FOOT $/SQUARE FOOT Hilling level raised portion of sidewalk $ 8.55 ffilling level raised concrete curbiguutter case by case only(See Specs) Painted line removal (less than 300 l.f.) $ 4.55 Painted lima removal (greater then 300 1.1. ) $ 0.90 Thermoplastic line removal (less than 150 1.1.) $ 6.20 Thermoplastic line removal (greater than 150 1.1.) $ 1 . 10 Fainted/Thermoplastic legend removal $ 4.75 Asphalt gutter reduction (drainage) $14.75 Asphalt cold planing (overlay prep) $ 1.85 Asphalt offset reduction $ 5.75 Asphalt shallow patch preparation $ 5.75 M SPDCIFICATICKS FK)R SMEKUX (3tIIdDM PFaJF)CT 93-101 Reviewed by: Ken McKee Public Works Superu*mxIent Reviewed by: Approved by: Carmen Lymu*i J. Senior anineeriM Technician D' of lic Works SIQd UUM PAGE 1 OF 1 0 s TABLE OF COWENTS CONT!RA= DOCUMENTS A. BID DOCUMENTS 1. Notice to Contractors 2. Proposal B. GENERAL PROVISIONSS 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definitions of Terms 4. Prosecution and Progress of The Work 5. Control of the Work 6. Legal Relations and Responsibilities to The Public 7. Proposal and Award of Contract act C. SPECIAL PROVISIONS 1. Location 2. Soope of Work 3. Estimated Quantitias 4. Explanation of Bid Itemss 5. Limits of Work 6. Time of Cmpleticn/Liquidated Drainages 7. Payment 8. Protection of Property 9. Pollution Control D. CONTRACT DOTS E. SIDEWALK GRIMTM DEDUIS F. SIDERUX GRINDING LIST G. GRIMIM MP H. SIGNATiM PAGE A. ffiD DOCUMENTS NDMItz 70 00rlI OMUZIS City of Cupertino 10300 Terre Avenue Cupertinm, California 95014 The City of Cupertino, Santa Clara County, California, invites sealed pr posals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled szomairz Qom, P!mB= 93--201. Contract Documents, consisting of Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, NOmmllusionu Affidavit, Bidder Qualification Farm, subcontractors Farm, Signature Form, Standard Specifications, General Provisions, Special Provisions and Plans, Faithful Performance Bawd, Labor and Material Bond, Insurance Certificates and Contract for Public Works, may be revised and copies of same may be Obtained at the office of the City Engineer, City of Cupertino, 10300 Torre A--Wm, Cupertino, CA 95014, at no cost to the bidder. Special attention of bidders is directed to Section 7, Proposal and Award of Cm tract, of the General Provisions for full directions as is bidding. Sealed proposals will be received at the office of Public Works Department, City Hill, City Of Cupertino, 10300 Torre Avenue, Qpertinm, CA 95014, until 2:00 P.M. an NU;KH 23, 2993, at which time they will be publicly opened and the ccuparat�a totals read. All proposals or bids shall be acocapanied by cash, a cashier's check or certified check payable to the order of the City of 04e tin o, in the amount of ten percent (10%) of the bid, or by a bond in said amount Payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two (2) sureties who shall justify befcxe any officer competent to administer an oath, in double said amount and over and above all statutory exemption. Said cash or check k shall be forfeited or said bond shall become payable to the City in case the bidder dePosIting the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the coact. All bids shall be dared osing the estimated quantities pared by the Engineer and the Unit Prices submitted. No incomplete nor interlineated proposal or bid will be aocepted. Bidders are required to bid an all items of the proposal. No federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a Contractor vAw is not licensed in with the provisions of Division 3 of Chapter 9, 110m mcts" Of the Business and Professions Code of the State of California. The contz shall not be awarded to any bidder who does not possess a Class 68 or General Engineering Cmitractor's License. Page 1 of 2 JU All bids received will be reported to the City Cm=il of Cupertino within thirty (30) days of receipt, at which time the City Council will review and act upon the bids submitted. Award, if any, will be made to the risible bidder whose proposal is mrxst advantageous to the City. The City of Cupertino reserves the right to award the contract to any qualified bidder based on the pr penal that is most advantageous to the city. the City also reserves the right to reject any or all bids or to waive any irregularities in the bidding proceduges, ,provided the variance cannot have affected the amount of the bid or cannot have given a bidder an advantage or benefit not allowed other bidders. The Oontractcr shall furnish to the City a Faithful Performance Boars and a labor and Material Bond as required in the specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all suboontractars, to pay no less than the general prevailing wage rates to all workers a ploryed in the execution of the contract as provided for in Section 7-1.O1A of the Standard Specifications. Payments to the oxttractor will be made in cash by said City upon sukm ssion by the Ocattraetor and approval by the Engineer of a progress billing which reflects the value of the work ecmpleted. The progress payments made as work poses will be payments on account and will not be considered as an acceptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Came, the Oontractor will be permitted, upon request and its sole e)Vense, to substitute securities for any moneys withheld by the City to ensure performance wider 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 govemmnt Odds or bank or savings and loan certificates of deposit, interest bearing demand deposit ac= tts, standbys letters of credit, or any other security mutually weed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. CITY =' , % Date: " ��?J City Clerk Published: Cupertino courier March 10, 1993 Page 2 of 2 BID SAL PA0JM-I 93-102 TO: THE DIRDCIY3R OF PUBLIC FORKS, CITY OF GU UMNO, STATE OF CALI€M4IA Dear Sir: In compliance with the Plans and Specifications furnished for the work of the Street Sweeping Project in the city of Cupertino, Project 93-102, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to ooaplete 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 fcr 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 deank-se the molt of any class or portion of the work or to amit its or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Street Sweeping Project, Project 93-101 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of C44)ertino the sum of Three Hundred Sixty Dollars ($360.00) per day, for each and every day services are not completed as scheduled and/or specified. ROLTMM SWEEPING: Bid Est.Qty. Unit Item Unit Item Price Total L 1. 451 ea Provide for grinding of P.C.C. $ /Ea sidewalk where displacement is greater than 0" and less than or equal to 211. TOTAL BID: $ _ PROPOSAL PAGE 1 OF 6 MiCaLL ON AFFMRVTT TO BE EKOCUnD BY EUERM AND SUMMED MM BM I, the undersigned, being f irst duly swam, deposes and says that I am President of Cunningham & Sans, 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 urcUsclosed person, partnership, coxq3any, association, organization, or corporation. The bid is ge &une 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 oolluded, conapired, connived, or agreed with arry 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, salt by agreement, comnxAcation, 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 trine 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, may, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. )James H. Cunningham . President PROPOSAL PAGE 2 OF 6 t FEM In further oonpliance 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 pit name for 13 yam. Our experience in work comparable with that required by the proposed contract is 25 years operating under the follaaing different name(s) . Cunningham & Sons , Inc. Chas . I . Cunningham, Co. My California Contractor's License Number is 386568 The classification of my Contractor's Lim is A The expiration date for my Contractor's Litmise is 1-3 1-9 4 *************************************************************************** * (This Section for City use Only) * The above information has been verified by on * OMItractors State License Hoard (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 lioermed in accordance with the laws of the State of California, hmov+er, at the time the contract is awarded the contractor shall be properly liensed. PROPOSAL PAGE 3 OF 6 BIMEt EIISTURY OF WORK The following is an exanple of work similar in character to that required in the proposed contract which our organization or personnel in our organization has ccupleted within the past three (3) years. 4am Phone Year Location Class Far Performed ► ° Amount 1991. ___ sacramantn con Yete Renair SMUD Cunningham & Sons, Inc. 1991 Sarramentn Concrete Repair PG&E Cunningham & Sons, Inc. 1990 Modesto Wheelchair Ramps City of Modesto Cunningham & Sons _t 1992 Riy [hank Curb, Gutter & Sidewalk Kaufman and Broad _ Cunningham & Sons , Inc. tl'. Yearly Oakdale Concrete ReAair City of Oakdale Cunningham & Sons , c- V 4'� PROPOSAL PAGE 4 OF 6 MuCCUMUCTMIS FM `Ihe subaortractar(s), as defined in the General Provisions and in Suction 7026 of the California Business and professians Code, that I propose to hire to perform any of the wank for this project in an aunt in excess of one-half of are percent (0.5%) of the total bid are listed below. Only thane 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 Work to be Performed 2. Name Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed PROPOSAL PAGE 5 OF 6 'SG FBI IF YOU ARE AN II DIVIDUAL, SO STATE. IF MU ARE A OOMEANY (it A CD-PARMRSW, SIATE THE +S MWMY NAIVE AND LLST THE NAMES OF ALL INDIVII�, CAD-PAY�1EW ITS THE MANY. IF YOU AREA CN, STATE THE LBGAL NAME OF THE OMUMMCN AND THE NAILS OF THE PRESIDENT, SFWIRIN -TRLASURER AND NWQ%GER. THE 0MUMM SEAL NUST BE AFFIM 70 THIS FCM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE suss ES.S TYPE. TYPE OF BUSIES General Engineering NAME OF BUSINESS Cunningham & Sons, Inc. CF CN: Yes California CD-PAIM : INDIVIDUAL: JOINT VENILVZ: OTHER: (Describe) Name and Signature of Bidder: f 9 James H. Cunn'n ham (Print ar ) LLB Date: �j March 19, 1993 1 Address (mailing & location) : PO Box 425 334 S. Yosemite Ave. , Suite A Oakdale, Ca . 95361 Telephone Number: ( 2 0 0 8 4 7-18 6 7 Ac]mowledWerit of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Proposal Page 6 of 6 � 5 B. GENERAL P OJ@643 CKS 1. ADOMC N OF SfAIMARD SPDCIFTOMC M By this refer, the: Standard Specific ationns of the State of California, Department of Transportation dated Daly, 1992 (herein referred to as "Standard Specifications") is --ted and adopted as the Standard Specificatiom and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIC KS 7he section and other headings and citations to the State Standard Sp3cif icaaticns are inserted solely as a matter of convenience and are not a part of the City Is Standard Specifications. 3. DE. MMIC NS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractcel means any persona or persons, fine, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. Ow term contractor includes and specialty contractor. 1-1.13: "Departne'nt» means the City of Cupertino (hereinafter referred to as "City"). 1-1.15: "Director" means the Directr of Public Works or City Engineer, City of Qapertino (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 Prvvisions of the Project Specifications and upon which the City requires formal bids be pared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. AND PAS OF 7HE WCM a. Hazardous Materials If the presence of asbestos or hazardous substances is disclosed in the Bid or Contract Do=nents, the Contractor, or the Contractor's, designated shall be registered pm;uant to Section 6501.5 of the Lab= Code and certified in acca dannce with subdivision (a) of Section 7058.5 of the Business and Professions Code. General Provisions page 1 of 15 . a. Hazardous Materials (conntimied) In the event the Contractor encounters on the site asbestos or a hazardous substance that has not been disclosed in the Hid or Contract Docents, and the asbestos or hazardous substance has not been rem harmless, the Contractor may contirnie work in unaffected areas reasonably believed to be safe, and shall im ediately cease work on the area affected and report the condition to the owner, or the owner's representative, or architect in writing. b. 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 haws 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: 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said (Ievice. 2) Noise levels created do not exceed seventy(70) dBA an any nearby 4mrty- It It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fir k(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 o=xrr ng during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. c. Progress of the Work The contractor s ill 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 pros=te the same to campletion within the number of working or calendar days as shown in the Special Provisions. d. Record Drawings The Contractor, upon coWleticn 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 Schematics01 of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor an projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. e. 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. General Provisions page 2 of 15 s f. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate wanking force or material of proper quality, has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, or has failed to comply with any of the terms of the State Public Contract Code, written notice to correct any such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory Compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving native 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 emxpense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the Contract price will be charged against the Contractor and the Contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of oast over and above the eartract price, arising from the suspension of the operatics of the contract and the Completion of the w`�rk by the City as above provided, and the Contractor will be so credited with vy surplus remaining after all just claims for such Completion have been paid. In the determination of the question whether there has been any such non-eomplianoe with the Contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall he binding on all parties to the contract. q. Time of Cotgpletion and Liquidated Damages The work to be performed under this contract shall be completed in accordance with Section B, paragraph 4c, 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 om pleted 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. General Provisions page 3 of 15 g. Time of Completion and Liquidated Damages (continued) The Contractor agrees to pay said liquidated damages herein provided for, ana further agrees that the City may deduct the amount thereof frnm any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to urge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. 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 aWmrgoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within f iiteen(15) days from the beginning of any suct. 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 hes to the Engineer documentary ntary 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. :tether proof: in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications (tOProgresss 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 oper-ttions, 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 urns 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 Older Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time cmawihsurate with the delay in completion of the work thus caused will k,e granted and the contractor shall be relieved frcm any claim 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 15 Time of Completion and Liquidated Dates (continued) The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional pensation provided for in Section 8-1.09 of the Mate Standard Specifications (/ORight of Way Delays") , and exert as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or sensation for any delay or hindrance. It is the intention of the above provisions- that the Contractor shall not be relieved of liability for licF; dated damages or engineering and inspection chargers for any period of delay in --ir;letion of the work in excess of that expressly provided for in this section. (See Section 8-1.07.) 5. CONTROL OF UM Wit a. Authority to Deviate from the Approved Plans In addition to the provisions of Section 5-1.03 of the State Surd 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 constructions 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 cxmfine dust particles to the immediate surface of the work. The Contractor shall perform such dust cLmtrol measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisarcoe exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be changed 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 warn done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m., Mm-day through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so +:hat proper inspection may be provided. Any work done in the absence of thy: Engineer will be subject to rejection. General Provisions page 5 of 15 c. Inspection (continued) Inspection cost, for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency Involved. (See State Standard Specifications Section 5-1.08.) d. Monlumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line mmments and all U.S.C. & G. S. monuments in their proper places until their removal is authorized by the Engineer. Any moments 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. Restive preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the contractor shall be made in accordance with coa monly recognized standards of natianal 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, mains, and services that may conflict with the project field located. The Contractor shall contact Underground Sex-vices Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be euPloyed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense. General Provisions page 6 of 15 • g. water for Construction water used in any way for the construction of the project shall be warted by the Contractor and shall be aeon-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. LBGAL R MAMONS AND RIMPMSIBnXrIFS TO TM PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. b. Indemnity contractor shall indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its officers, employees, agents, and elective and appointive boards, from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, arising out of or in any way meted with the negligent acts, errors or omissions, or the willful misconduct of the Contractor or any person directly or indirectly employed by, or acting as agent for, Contractor, directly or indirectly related to the provision of any professional services provided hereunder, but not including the sole or active negligence, or the willful miscrondect of the City. This indemnification shall extend to claims, losses, damage, injury and liability for injuries occurring after the cuVieticn of the aforesaid operations, arising from contractor's work. Submission of insurance certificates or submission of other proof of compliance with the insurance requirements does not relieve the Om-tractor from liability under this indemnification and hold harmless clause. The obligations of this indemnity clause shall apply whether or not such insurance policies have been determined to be applicable to any of such damages or claims for damages. The City does not authorize the impermissible use of any patent or the reproduction of any copyrighted material by the Contractor which exceeds "fair use" in the performance of this contract. The Contractor is solely responsible for any such infringement. The Contractor shall indemnify the City against and hold it harmless from any and all losses, damage, costs, expenses, and attcrney's fees suffered or incurred as a result of or in connection with and claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Contract or specified by or pm%mared by the Contractor, or out of the processes or actions employed by, or on behalf of, the contractor in connection with the performance of this Contract. General Provisions page 7 of 15 s t b. Indemity (continued) 7 The contractor shall also minify the City against and hold it harmless from any and all loss, damage, costs, expenses, and attorney's fees suffered or incurred on account of any breach by the Contractor, or its employees, agents, or subcontractors, of the aforesaid obligations and covenants, and any other provisions or covenant of this Contract. c. Insurance Before Contractor performs any wmrk at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing ire coverages and such certificates shall provide the name and policy m mber of each carrier and policy and that the insurance is in forge and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the wank under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminidung the obligations of Contractor with rat to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's GMde Rating of A-Class VII or better. Worker's Comrpensatien Liability. In accamianoe with the Worker's Ceampensatic n Act of the State of California - $1,000,000 per occurrence. Public Liability - either Cambined single limit of $1.0 million uncial general liability per occurrence; 2.0 million in the or ccn4wehenslve general liability; aggregate. including provisions for contractual liability, personal injury, indepen- dent contractors and property damage coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Automobile Liability - olive o mbined single limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.01A(4) of the State Standard Specification, iduch apply. In addition, the Contractor shall ccuply with the reoomtienxled minority and female euployiment practices of the Office of Federal Contract Compliance of the United States Departmennt. of Labor as established for Santa. Clara County. General Provisions Page 8 of 15 e. Prevai-j n 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. Copies of the prevailing rate of per diem wages are on file at the office of the Director of Public works, City of Cupertino. f. Resolution of Construction Claims This section applies to all public works claims of three h and red seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shall not apply to any claim resulting from a contract between a contractor and the City when the City has elected to resolve any disputes pursuant to Article 7.1 (ccruencing with section 10240) of Chapter 1 of Part 2 of the Public Contract, Code. Iris section applies only to contracts entered into on or after January 1, 1991. 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. rib 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 "Claim0' means a separate demnd by the contractor for (1) a time extension, (2) payment of money or damages arising front 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 dacumentation supporting the claim or relating to defenses to the claim 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) documented, shall be 'submitted to t claimant within claim,fifteert(15 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. General Provisions page 9 of 15 t f. Resolution of Construction Claims (continued) 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 rec»ipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim 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 rye to the claim, as further documented, shall be submitted to the claimant within thirty(30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in wing 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 an 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. Following the meet and confer variferenae, if the claim or any portion remains in dispute, the claimant may file a claim as provided in 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 that claim is denied, as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 6. This article doe` not apply to tort claims and nothing in this article is intended nor shall be construed to charge the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (oommericing with Section 910) of Fart 3 of Division 3.6 of Title 1 of the Government Code. The following prooedures are established for all civil actions filed to resolve 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 acmencemmy of the mediation unless a tin requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediatcu within the fifteen(15) day period, any party may petition the court to appoint the mediator. General Provisions page 10 of 15 f. Resolution of construction Claims (continued) 2. (a) if the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (ccwmwing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil PrOCedUre, 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 Code of Civil procedure) shall apply to any prooseding 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 appointed for purposes of this article shall be experiermied in ernstruction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid neoessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, moept in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county fins. (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 nsvo 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 navo. 3. The court may, upon request by any Ply, order any wig to participate in the mediation or arbitration prroess. g. Responsibility for Daanages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be arrable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the wank, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law an 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. In addition to any remedy authorized by law, so mach of the money due- the contractor under an 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 followings 1. The City will give the contractor thirty(30) days notice of its intention to retain funds from any partial payment uluch may become due to the Contractor prior to aeoeptam a of the contract. Retention of funs from any payment made after aeaeptanae of the oontract may be made without such prior native to the Contractor. Germ'ral Provisions Page 11 of 15 s ! g. Responsibility for Damao as (continued) 2. No retention of additifx al am ants out of partial payments will be made if the amount to be retained does not exweed the amatmt 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 MSWequently determined that the City is riot a titled to be indelmuf led and saved harmless by the Contractor in ect*weacticn 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 fo- the period of such retention. The City will consider proposals by the Contractor to enter into special arrange��s, such as posting securities or bonds acceptable to the City, in lied of the retention of funds. Such special arrangeoents shall be in writing, and approved by the surety on the performance bared 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, farm, and amount as provided in Section B, paragraph 6c, above ("Insurancie). [See State Stab Specifications Section 7-1.12.] h. Workers Ccupensation 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 elq,loyees, that conforms to the provisions of Division 4, wing with Section 3200, of the Labor Code or of the Unemployment Insurance Code, in effect for the entire period cowered by the primed contract. 7. PROPOSAL AM) AMM OF FACT a. Competency of Bidders All bidders are required to Clete 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 Bards The Contractor shall furnish tE,0(2) good and sufficient bonds. Each of the Bonds shall be executed in a sumo 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 Dade of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Coapletion, and the Faithful Performance shall be reduced by ninety percent(904) at the Notice of Capleticn. The remaining ten percent(10%) will be released at the end of one(l) year from aooep+tance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02.] General Provisions page 12 of 15 t c. E Kecution of Contract The successful bidder, as Contractor, shall execute the Contract set forth in the contract doamients and provide the contract bards and insurance certificates required therein within eight(8) clays, not including Saturdays, Sundays and legal holidays, after the bidder has reoeiveci the contract for execution. Failure to do so may result in annulment of award and forfeiture of the proposal guarantee. 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 b.- weekly accounts payable cycle and issues checks on Fridays. Zhe actual dates of the payment schedule are available at the City's Accounting Department. The City will retain ten per ent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days fr®n the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of Progress payer by tine City shall not be wed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. Pursuant to Section 4590 of the California Govenmient Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code, 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. A sample escrow agreement is included in Section 22300 of the Public Contracts Code. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. e. Proposal Forms The City will furnish to each bidder a standard proposal farm, which, when filled out and executed may be submiVced as the Contractor's bid. Bids not presented on farms so furnished will JrA disregarded. Zhe proposal for-- is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- contractors Form and Signature Form. Zhe Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids oontamung less than this or bids containing inoaplete forms will be dis.�egarded. General Provisions page 13 of 15 a e. Proposal Forms (continued) All proposals shall state the dates for completion, if required, the prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders ads. If proposals are made by an individual, name and post office address skull be shown. If made by a firm or partnership, the name and past 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 Ca,Ttractors" 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 . Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, 04mxtino, CA, 95014-3255 or by calling (408) 252-4505. f. Proposalaaranty All proposals or bids shall be ed by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the mount of ten percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bides and two(2) sureties who shall justify before any officer competent to administer an oath, in doable said amount and over and above all statutory emotions. Said cash or check shall be forfeited or said bond shall bye payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. g. 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, mvxmplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. [See State Standard Specifications Section 2-1.06.] h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime tractor, exomt. for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a licwmed by the State of California who, wader subooentract to the prime contractor, specially fabricates and installs a portion of the work or iagwovement according to detailed drawings contained in the plans and specifications, in an amount in exoess of one-half of one pereent(0.5%) of the prime contractor's bid or, in case of bids or offers for the ammtruction 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 sillfor this project. The prime eonbractAr shall list only one(1) subccotractux for each portion as is defined by the prime contractor in the prime oonUactar's bid. General Provisions page 14 of 15 t l•a•. Ir � at ..• 1`�/ a' • lea }•+.. •�; Y'' •:• 1•[a *•i 1,il • 1 1: •:•i 1�' I I• Mb. Jita i • Ct o- 15 I, • J' la a ,� -Iat < .: f` •+ n •Jati'7•+: tc ti ry. • A. t / ID -,.•a. n r •rt • •o: l • ay'. r: r •:` . • :r eta. • No, w at !. P.ly a♦ r s:� l � f• • I IJ" 1 I',' •N ce a SPf:IVJ.AL l'SRJV 1SICNS 1. I0CA CN This work is located within the City of Cupertino, Casty of Santa Clara, State of California, at: various locations. 2. SCOPE OF WCFK: The work shall consist of fur fishing all labor, squipnent and materials necessary for the grinding of try P.C.C. sidewalk in accordance with these specifications. 3. ESTD%TkD Q€1 NT TIES: Item Description Unit QQtt t 1. P.C.C. sidewalk, greater than 0" and less than or Each 451 equal to 2" uplift; (4 1/2 ft.wide X 6" to 12" long) , Detail A & B. 4. EXPLANATION OF BID ITEMS; The unit price bid per unit measure of work shall include all costs of labor, equipment and materials necessary for the grinding dawn of Portland Cement concrete sidewalk, including move in costs for each location, in accordance with the special provisions. Any item shown on the details or described in these special provisions and not specifically listed as a bid item shall be considered as included in the various bid items arcs no special oaqDensation will be allowed. Bid Items No. 1 - Sidewalk Grinding (Each) : These items shall be bid per each and shall include all casts for: a) Grinding of P.C.C. sidewalk and removing and disposing of residue fr®n grinding. b) Grinding shall be performed so that the sidewalk surface has essentially the same texture adjacent to either side of the joint or crack. c) Sanples of sidewalk that have been leveled by a grinder can be seen in front of 21529 & 8045 Bubb Rd. and 10331 and 10041 Pharlap Avenue. d) See Details A & B SPDCIAL PRJVISICNS PAGE 1 OF 2 SPDCIAL PROVISICNS (CMMM ED) 5. LIMITS OF WMW: A representative of the City shall paint the limits of grinding required at each sidewalk location. 6. TDE OF 'ION/LIQUMkTFD DNPJ ES The contractor shall diligently prate the work and said work shall be completed on or before June 7, 1993. No work on Saturdays, Sundays, or Holidays, or before 8:00 A.M or after 5:00 P.M. will be allowed. The contractor shall pay to the City of Qapextino the sum of one hundred and fifty dollars ($150.00) per day for each and every calendar- day's delay beyond the completion date. 7. PAYMERr: Payment shall be made on only those addresses the City has approved for grinding~ No other ccapensaticn will be allowed. A payment schedule is available in the Public Works Department. Change orders will not be considered or accepted after the project has been accepted by the City Council. 8. PRO►IEMC i OF PROPERTY The contractor shall maintain the work site as clean and as free of debris as is feasible. The contractor shall not pile debris or equipment or otherwise trespass, on private property, unless he has obtained specific permission from the property owner. The factor shall take reasonable precautions to cause the least damage possible to existing L ;nwements and landscaping bi the work area on both public and private property 9. POLLUrICN OORML: Sweep up spilled dry and wet materials imediately. Never attest to 01wash them away" with water into the storm drains. Use only minimal water for dust control. SPDCIAL PROVISIONS PAGE 2 OF 2 VL e D. CXkIMCr FOR PUBLIC WORKS This CORMCr trade on , 13 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and hereinafter called CONTRACMR. IT IS HEREBY AGREED by CITY and 00t r CIC?R as follows: 1. THE CONTRACT DOC-tHMS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time for Cm pletion, Estimated Quantities, Nonoollusion Affidavit, Bidder Qualification Form, Sub- Om-tractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for d. Faithful Performance Bond and materials Bond, e. Insurance Agreement, Certificate of Its;..aance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. vibe documents comprising the complete contract are sometimes hereinafter referred to as the fact Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specification shall prevail. 2. THE WORK. ODNTRACMR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and oat in a good and working order, the work of _ as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, and wtuch Plans and specifications are identified by the signatures of the parties to this Contract. it is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of =TRA ICR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert. J. Vi.skuvich. 0ontsact Page 1 of 6 a t a*nRAC r FOR p(.MUC WORKS (continued) 3. CONTRACT PRICE. CM agrees to pay, and COKPACrCR agrees to acxept, in full payment for the work above agreed to be done, the sum of , subject to tions and/or deductions as provided in the Contract Documents, per Edubit A attached hereto. 4. DISPL ES PERrAIIdING 110 PAST FOR WOW. Should any dispute arise respecting the true value of the wark done, or any work cuitted, or of any extra work which c]wmacR may be required to do, ar respecting the size of any payment to CCMP.AC M during the performance of this Contract, said dispute shall be determined either by referenme to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in accordance with the ant of the parties, or in accordance with section 6, paragraph "f" of the Cameral Provisicns. 5. PERUM, COMPLIANCE WITH I.M. c7 m shall ottain and bear all expense for all rosary permits, licenses and easements for the constrix:ticn of the project, give all necessary notices, pay all fees re*nr+ed by law, and axaply with the lairs, ordinances and regulations relating to he work and to the preservaticn of the public health and safety. 6. INSPDCTICN HY um CITY. ccon%ACM shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shope wherein the work is in pr q :aaticn. Where the Specifications requires work to be specially tested or appresved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval., or consent, it must, if required by CITY, be uncovered for examination at C dACIM'S 7. MMA C►R ADDITICNAL, WOW AND COMM. should CTTY at any time during the progress of the work require any alterations, deviations, additions or cmissions from the Plans or Specifications or the Contract DOcuments, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value hereof will be added to, or deducted from, the amowlt of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be datmminsd either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in acoordlame with the agreement of the parties. No extra work shall be performed cr change be made except by a written archer fram CI'i'Y, duly authorized by resolution of the city Council, and by all agencies whose approval is required by law, stating that the extra work or dwi a is authorized, and no clam for an aMiticn to the Contract sum shall be valid unless so ordered. 8. CIM= TO l T cny shall have the right to make cfiiarzps in this Contract during the tease of construction to bring thPe ampleted mqprovements into compliance with envirCOMOntal requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded cr entered into. oQnil4C.'M shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in acxxwdanoe with the agreement of the parties. Contract Page 2 of 6 COtITRACT FOR RL'SL.I C WORKS (continued) 9. T EmnanoN, Awmwwr OR mrmi ICAT m This Contract may be terminated, amended or modified, with the mutual consent of the parties. The canpensation payable, if any, for such termination, amergIment or modification, shall be determined either by refere =e to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work unckw this Contract shall be completed in accordance with the Time for Cbmpletian section in the proposal and the Specifications of this project. If eCNMCOR shall be delayed in the work by the acts or neglect of CITY, or its eiployees, or those under it by cm-A--act 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 COPIgi MM I S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of coupletion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. 000MACICR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERM3NMCN FUR BREACH C R INSOLVENCY. If CONIRAMOR should be adjudged a bankn4pt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency; or if CUNFRAc7m or any stab-contractor should violate any of the provisions of the contract, CITY may serve written notice upon C)02dII3ACTM and C01MACICR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall ease and satisfactory arrangements for corrections thereof be made, the Coact shall, upon the expiration of said texn(10) days, cease and terminate. In the event of any such termination, CITY shall inwdiately serve notice thereof upon 0ONI12 cTMI S surety and C0t 11WIM, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving upon it of m)t.iee of termination does not give CITY written notice of its intention to take over and perform the contract, or chow not commence performanee hereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of aMMAC M, and CONTRACM and CCIVRAMM'S surety shall be liable to CITY for any e3coess cost oo asioned by c TrY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to OORMC'MR as may be on the site of the work and necessary therefor. 13. THE CITY'S RiGm TAD wlmmip Lamm mains AND mAxE AFP'LICATIUN TH RMF. in addition to amounts which CITY may retain under other provisions of the Specifications until final ompletio' and acceptance of zll wrack covered by the Contract, CITY may withhold fr®m payment to CCYMACIM such an amount or amounts as in its judgemurt may be necessary to pay just claims against ootMMCM or stab-contract ors for labor and services rendered and materials furnished in and about the work. Carntxact Page 3 of 6 CnYrRACi FOR PUBU C vnFd<S (cant inued) CITY may apply such withheld amount or amounts to the payment of such claims in its discretion. In cloing so, CITY shall be deemed the agent of CoNmciUR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to ODMRACMR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CM to ensure performance of the Contract, CDNTRACMR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CTTY'S Notice to Contractors. 14. NOTICE AMID SERVICE TFIMF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following mamer: (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of Cn Y, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO, 10300 7UWX AVENUE:, CUPEIZPIM, CA 95014, postage paid and certified; (b) if the notice is given to CCtMMC.ZC R, either by personal delivery thereof to CONIRACMR, or to =MACICR'S daily authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to , postage prepaid and certified; and (c) if notice is givers to OwmCPDR'S surety or any other person, either by personal delivery thereof to CORMCICR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to =n7AC7CR'S surety or person, as the case may be, at the address of OCRMCTCR'S surety or the address of the person last communicated by mxh person to the party giving the notice, postage prepaid and certified. 15. ASSIaDGM OF CQNrRA('T. Neither the Cmtract, nor any pz rt thereof, nor moneys due or to become due thereunder, shall be assigned by CCNTRAL_TOR without the prior written approval of C17T. 16. C CHPLIANCE WrM SpECMCATICKS OF MATERIALS. V#*j Ver in the Specifications, any material or process is indicated or specified by patent or prop-ietary name, or by name of manufacturer, such Specifications must be met by OCw'RAcIc 2, unless CrN agrees in writing to some order material, process or article offered by OCtnPACICR which is equal in all rests to the one specified. It shall be CCNTRACIC1t1S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. MMMIS C WENSATIC N INSURANCE AND EMpMyER'S j TABIIMy IMURANCE. OMIIRACIOR shall tr-ke out and maintain during the life of this Contract Worker's Caupensation Insurance and Employer's Liability Insurance for all of CDNMCrCRIS employees employed at the site of the pmJeLt. In case any work is sublet, OWDRA OR shall require any and all sub-vantrractears similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CCNI4?ACICd. Contract Page 4 of 6 t BRACT FOR PfJHUC 'rURKS (continued) In signing this Contract COMRACMR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability fcr worker's eog3ensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will ec ply with such provisions before commencing the performance of the work of this Contract." 18. Ao=ERr P42LZIEZFP w. Precaution shall be exercised at all times far the protection of perms (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 eliminated in acoordanee with the safety provisions of the Cothstxucticn and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CWIRACMR I S RFSPONSIBI= FUR TIC WCRW. aWIfiA IM shall not be responsible for the cost of repairing or restarinq dammage to the work caused by Acts of Cod. NEvERnaL.Ess, Cownwrm shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for arty dam to the work caused by Acts of God. "Acts of God" shall include only the following or conditions and effects: earthquakes and tidal waves, when such ==rrenoes or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Cavernor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a prroclawation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CWIRACIl I S G[ARANl'F�. C(*MI A= unqualifiedly guarantees the f irst- class quality of all work and of all materials, apparatus and equipmel-t used or installed by CMMMCIM or by any or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which ant CODPIRA= unqualifiedly guarantees such leer quality; and that the work as performed by C"wnI AL R will eonfcrrm with the Plans and Specifications or any written authorized dernAtions therefrom. In case of any defect in the work, materials, apparatus or equipmment, whr:ther latent or patent, revealed to CM within one(l) year of the date of aerptanoe of eonplet ion of this Contract by CITY, owRAC� will forthwith remedy such defects without cost to CTrY. Contract Page 5 of 6 aviRAcr FOR P[MIC WORKS (contimied) IN WrINM WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTI 1O COFTRACAM By: By: Mayor Attest: Notary ackrowledgmertt is required. If a City Clerk vor. ition, Corporate seal and corporate notary acrlt are required Date: _, 19� City Clerk APPRMED AS TO FtM AND Contract Amount: PROCEDURE: A000nct Number: Purcdase Order Number: City Attorney Cm7tract Page 6 of 6 • t OWMAL r FOR RML.IC WORKS (cunt imied) INSURANCE AGREEME Fr A. contractor is aware of the provisions of Section 3700 of the Labor code, which requires every employer to be insured against liability for workers' ecapensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before eoomencing the performance of the work of this contract. B. contractor and all subcontractor will carry workers' compeisation insurance for the protection of its employees during the progress of the work. the insures shall waive its rights of tiara'against the City, the City's officers, agents and employees and shall issue an en aarseasenIt to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, . . rcial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in aunts required by the City and shall be evidWVxd by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, subcocttaact work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting wo&ets' motion coverage, shall name the City, its engineer, and each of its Directors, officers,AqWlts and EMICYees, as determined by the City, as additional iran-eds on said policies. InSurers ust be licensed to do business in the State of California. 7te Insurers must also have an ,A,, policyholder's rating and a financial rating of at least Class VII in accordan cet with the current Best's chide Rating. D. Before Contractor performs any work at, or prepares ar delivers materials to, the site of construction, Contractcr shall furni-Sh certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy natmbw of each carrier and policy and that the irrmxance is in force and will not be canceled or modified without thirty(30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in farce until the work fader this Contract is fully completed. The re*drment for carrying the foregoing insurance shall not derogate from thae provisicns for i ndemn i flc;atien of the City by Cbntra&xw Undgw this contract and for the duration of the warranty period. Notwithstandintg nor dimbdd iTg the obligations of contractor with reaper :o the far®going, oontr'actxw shall maintain in frill force and effect during the life of this =ftact, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's (wide Rating of A-Class VII or better. Worker's compensation Liability. In accordance with the Worker's ration Act of the State of California - $1,000,000 per occurrence. Insurance Art Page 1 of 2 • COAPMCT FOR RMLIC WORKS (continued) Public Liability - either C anbined single limit of 1.0 million ccumercial general liability per occurrence; $2.0 million in the or comprehensive general liability; aggregate. including provisions for contractual liability, personal injury, independent contractors and Property damage coverages. Builder's all Risk. Amcunt equal to 100' of the ccntract price bid; $25,000 deductible is allowed. Automobile Liability - ccenrehensive combined single limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. By: (Contractor's Name) Dated: 19 Insurance Agreement Page 2 of 2 93-008 SIDEWALK GRINDING 4 of 4 PROJ. 93-1019 93-102 oil a- f CUMT ACT FOR PUBLIC WORKS (continued) CEFMFICAi^E OF INSURANCE TO THE CITY OF CUPEI{{T M This certifies to the City of Cupertino that the following described policies tLave been issued to the insured named below and are in force at this time. Insured: Address: Description of oQerat-:ions/locatiarns/ ins • (show contract name and/Or mmter, if any) : WCFUtE'RS COMPENSATION *Statutory Min. *Employer I s Liability (name of insures) S $ $ Best's Rating Insurance CtmpanyIs State License No. Check Policy Type: Each Ovairrernoe $ 03KPRIIHENSIVE GENERAL LIABIL TTTY [ ] Premises/Operations General Aggregate $ (if applicable) [ l Owners & Contractors Protective Aggregate $ [ ] contractual for specific contract Personal. Injury $ [ J Products Liability [ J XCu Hazards [ J Broad Ebro► P.D. Fire Demnage (any [ ] Severability of Interest one fire) $ Clause [ ] personal Injury y with Medical Zgnnse Employee Exclusion Remmoved (any one pennon) $ Or self-insured OCrMERCIAL GENERAL LIABI XrY Retention $ (name of ) vest's Rating policy No. Expiration Date Certificate of Insu anoe Page 1 of 2 aWI'RACT FOR PIJBM C WORK; (continued) AU1UW=/VEgIY(Z.E LIABnxiy BODILY 1UJ RY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability coverage S S Each Accident (name of wirer) $ or Qcrbined Single Limit $ Best's Rating Policy No. Expiration Date BUIIDPR'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below- stated company in confarmanoe with the reequi remmits of Section 8-1 of the C,ereral Provisions and is in force at this time: (name of insurer) POLICY EXPIRATIC K LIMITS OF DFI7[K.TIffi� NUMBER DATE LIABILITY A copy of all semmts to the policy(ies) which in any way (agents's snit) limit the above-listed types of coverage are attached to this Certificate of Insurance. This certificate of Insurance is riot an insurance policy and does not amend, extend or alter the courage afforded by the policies listed herein. Notwitkmtanding any reqiirement► term, or condition of any contract or any other document with respect to which this Certificate of Incawanoe may be issued or stray pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of suds policies. Tr IS HEREBY CERrIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the irsured. By: Dated: 19 Attach Certificate of Insurance and Additional Insured E on company forms. Certificate of Insurance Page 2 of 2 r OWTRACT FOR PUBT-JC WOTW (continued) ENDCPSEMERr OF PRD9 RY INSEMANCS In consideration of time polio premium and rotwithstanding any incon- << '• sistent statement in the policy to which this is attach or any other attached thereto, it is agreed as follows: The insurance afforded i:ry this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. POLICY INP MMCN 1. Insurance Carry: 2. Dance Policy Number: 3. Effective Date of this Endorsement: 19 4. Insured: All notices herein provided to be given by the Izrance Oaepany to the City in connection with this policy and this Additional Insured Mxkzsement, shall be wiled to or delivered to t_—he City at 10300 Torre Average, Cupertino, California, 95014. I, (print/type } warrant than I have authority to bind the below listed Iriurance Conpany and by my signature hereon do so bind this many. Signa¢,.me of Authorized tine: (or-'ginal. signature required on all to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Primary F7rdo-- Page 1 of 1 s � AMMONAL INSURED ENDORSE In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Dvdarsment is attached or any other Drxdorsement attached thereto, it is agreed as follows: The City of Cupertino (0/City') and its Directors, officers, engineers, agents and enployees, and all public agencies frcmm wham permits will be obtained and their Directors, officers, engineers, agents and eWloyees are hereby declared to be additional insureds under the terms of this policy, but only with rat to the operations of the Cmitractcr at or upon any of the premises of the City in connection with the Mntmct with the City, or acts or omissions of the additional insureds in c av�ectiah with, but limited to its general supervision or inspection of said operations. POLICY INFCRgTICN 1. Insuranoe Omgw y: 2. Irmjranoe Policy Number: 3. Effective Date of this 19 4. Insured: Ala notices herein provided to be given by the Insurance COEPWW to the City in connection with this policy and this Additional. Immnmd arkrsement► shall be mailed to or delivered to the City at 10300 Torre Avenues, Cupertino, California, 95014. I, (Pry/type name) warrant that I have authority to bud the below listed Insurance O®mpany and by my signature herso n do so bind this CmWany. Signature of Authorized Representative: (original signature mired on all stanwits furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Pacsimile: Additional Irmzed D%krsement Pap 1 of 1 f OWMCT FOR PMLTC WOWS (continued) C mppmi 3dsIVE GMEgtAL LIABILrryl COAL COAL LIABIIXTY FNDOPSEKNT OF AGGREGME L ERM OF INS PM PRaJB= In consideration of the policy premium and notwithstanding any ircon- sistent statement in the policy to which this MAULseme t is attached or any other Fridorsem�.nt attached thereto, it is agreed as follows: This .9- ,orseroent mmdif ies the insurance prcv dal under the Ge.-eral Liability Coverage part of the below-referenced policy of ice. Um ;gal aggregate limit under LMM OF DL%Z AiZC:E applies separately to the project described as POLICY INFCR9=CN 1. Insurance Cccpany r: 2. Insurance Policy N mdm ex: 3. Effective Este of this went: 19 _ 4. Insured: 5. Additional Insured: City of Cupertino, its Directors, Officers, agents and employees. All entices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional IriRwed E ent, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (Irk/type name) warrant that I have authority to bind the below listedInman once Cerny and by my signature hereon do so bind this ocmany. Signature of AuthorizedRepresentative: (Original signature required c9n all to the District) Names of Agent/Agency: Title: Address: Telephaw Facsimile: Aggregate Limits Endorsement Page 1 of 1 COPrrRiACI' FOR PL'aLI C WORKS (cont inued) WA v'M OF SLM ROGATICN E NDOR3E MWr WORKER'S CCME NSATTCN INSURANCE In consideration of the policy premilaa and notwithstanding any irman- sistent statement in the policy to which this D4orssement is attached or any other Endorsement attached thereto, it is age as follows: It is agreed that with respect to such insurance as is afforded by the policy, the insurance ccupany waives any right of subrogation it may acquire against the City of Cupertino, and each of its Directors, Officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the perfanwce of the above--referenoed Omtract. POI .CY INFaVATICN 1. Insurance Ccu._Any: 2. Insurance Policy Number: 3. Effective Date of this , 19 a 4. Insured: All notices herein provided to be given by the Insurance Company to the city in connection with this policy and this Additional Insures End r�nt, sha►11 be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (pri=tt/type r-'We) warrarn`. t'ot. I have authority to band the below lasted In�anee Cerny and by my signature hereon do so bind this Campany. Signature of Authorized Representative: (original signature required an all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Sukxogation Endcmsement Page. 1 of 1 r � COMRACr FOR RMUC WORKS (continued) NOTICE OR POLICY CANCEL?�►TICN E NDCRSENER-r In consideration of the policy premium and notwithstanding any irKn- sistent statement in the policy to which this .. tt is ate or any otter Endorsement attached thereto, it is acg+eed as follows: cancellation Notice. The mw=ance afforded by this policy shall not be suspended, voided, cancelled, re&mDed in coverage or in limits, or materially altered, awept after thirtY(30) days' prices. written notice by certified mail, return r+eo m iprt requested, has been given to 'the City of Cupertino ("City") . Such notice shall be addressed to the City as indicated below. POLICY INFO ICN 1. Insurance C capany: _ 2. Insurance Policy Number: 3. Effective Date of this 19 _ 4. insured: All notices herein provided to be given by the Insurance Ccmpany to the City in connection with this policy and this Additional Irstzred I sement, shall be mailed to 0- delivered to the City at 10300 Tbrre Avg, Cupertino, California, 95014. I, (pry/hype name) warrant that I have authority to band the below listed Uaamnce Cxmpany and by my signature hereon do so bind this CLx*w y. Signature of Authorized dative: (Original signature required m all Ejdor nts furnished to the District) Names of AW*/Agency: Title: Address: Telephone: Facsimile: Cancellation D%krsement Page 1 of 1 s 4 FArIl R?L PERFORMANCE BOND IQ40W ALL MEN BY =E PRFSE RM: TiiAT WE, as Principal, (contractor's name) -- and , as Surety, (bonding cogwW l s name) are held and firmly bound unto the City of Cu etti m, State of California, in the. sum of lawful money of the United States, for the payment of wtT� will and truly to be made, we bind ourselves, our heirs, executors, m=esscrs and assigns, jointly and severally, firmly by these presents. THE CX.IMMCN of the foregoing obligation is such that, VEUPJMS, the Principal has entered into a contract with the City dated ,19 with the Obligee to do and perform the following Murk to-wit: NOW, 'IiiM70RE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. INi WI'I ass uHERDDF, this instnment, has been duly executed by Principal and Surety this day of , 19_ (To be signed by Principal and Surety. Notary adawwledgments required) OCNTRACICfft Principal Surety By: Attorney-In-Fact The above bored is accepted and approved this _ day of ,19� Faithful Performarrne Page 1 of 1 r t CCtT RACT FOR PLC:^ WORDS !cont irued) LABOR AND MATERIAL BOAtD gQ3 U ALL MEN B'' 'IKSE PRESWr: WHEREAS, the City of cupertino, State of California, and s hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, oonstructioan, and erection by Principal of , more particularly described .in said contract; and incorporated herein by reference. WMMM, said Principal is re4,i-ed to furnish a bared in connection with said contract, providing that if said Principal, or any of his or its subcontract:, shall fail to pay for materials, provisions, provender or other supplies or team 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 an said bond shall pay the shame to the extent hereinafter set forth; Now, 'ICE, WE, as Principal, (codlttac'tiorIs name) c' and , as Surety, (Bonding Couparny Is name) firmly bind ourselves, our executors, admi Astratoc's, st and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and i-ccm-gorated herein by referernve, and all persons, ecupanies or corporations lending or hiring teams, implements or mad urbery, for or contributing to said work to be dcne, and all persons wino perform work or labor upon the samba, and all persons who supply berth work and materials, whose claim has not been paid by Principal or by any other person, in the just and full stmi of THE CCMITICN OF THIS OBUGAT'ICK IS SUCH THAT if said principal, his or its subcontractors, heirs, exec utms, administrators, suaeessars or assigns, shall fail to pay for any materials, provisions, provender or other supplies or tee used in, scan, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for a mounts due under the Una playm ent Insurance Act with resurrect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the saw and also will pay in ease suit is brought upm this bored, such reasonable attorneys fee as shall be fixed by the cant. This bored shall irsum to the benefit of any and all persons, companies, and corporations entitled to file claimsunder Secticn 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 OWMCT FOR Fti'HUC WOWS (continued) And the said Surety, for value received, hereby stipulates, and agrees that no image, extension of time, alteration or addition to "jw terms of the contract or to the work to be performed thereunder or the specifications acccupanying the same shall in any wise affect its obligations cn this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN wnV SS MMODF, this h t has been duly wwaxted by the Principal and an-ety this — day of , 19 (To be signed by Principal and Surety. Notary admowledgments required) CONTRACMR Principal Surety By: AttoLTW-In-Fact Tate above bond is accepted and approved this day of ,19_ Labor and Material Page 2 of 2 . . ........ a