Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
93-010 Reconstruction of Curbs, Gutters & Sidewalks Proj. 93-103
93-010 RECONSTRUCTION OF CURBS, GUTTERS 1 of 4 & SIDEWALKS PROJ. 93-103 927P4GE rxzsz Under penalty#perjury, I verify that this document is true and correct to the best of my knowledge. Deputy City-be'rk, City P ,�of Cupertino Da ' J M927PAGE ,'26 '1 12035438 Return to: No ..F^rr, -+' WITH ! + ,Y FRt x f -^`r rtLEC? FORRt.L'URi1 CITY OF CU E �i 0 �� AT REQUEST OF • `,'; , City of Cupertino 07 CERTIFICATE OF COMPLETION OFFICAL R� AND SANT t c?AFiA NOTICE OF ACCEPTANCE OF COMPLETION :un ri�l,r RECONSTRUCTION OF CURBS, GUTTERS, & SIDEWALKS PROJECT 93-103 NO' ICE IS 14EREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the CITY OF CUPERTINO and R. H. WEHNER CONCRETE CONSTRUCTION CO. on May 13, 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 15, 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. rector of P lic arks ity Engineer, City of Cupertino a THIS IS TO CERTIFFY�(HAT T iE WITHIN INI;T-1- tlL..NT' Is FR AN0ZORRECTCOPY Date: July 15, 1993 L'i' THE DRICil1�lA t�`ILE {ZV THIS OFFICE. ATTEST .,_ S91 CITY CL� �cfF TH 'CITY r CUPERTIN❑ ON of Cupert,"o 10300 Torre Avenue r Cupertino,CA 95014-3255 Telephone: (408)252-4505 FAX: (408)252-0753 a DEPARTMENT OF THE CITY CLERK June 1, 1993 R. H. Welhner Concrete Construction 390 Martin Avenue Santa Clara, California 95050 CONTRACT FOR PUBLIC WORKS-RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS,PROTECT 93-103 Enclosed is one (1) copy of the Contract for Public Works between the City of Cupertino and R. H. Wehner Concrete Construction which has been fully executed Sy City officials. This contract was awarded to you on May 11, 1993. Enclosed please find your bid bond. Sincerely, DOROTHNIkORNELfUS, CMC CITY CLERK DC/cs EO,cl. cc: Department of Public Works D. CONTRACT` FOR PUBLIC WORKS This CONTRACT made on MAY 13, 1993 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and R. H. WEM R CCNCFME CCNSIIaIC.TIC31 COMPANY, hereinafter called COVIRACTOR. IT IS HEREBY ACC by CITY and CONTRACTOR as follows: 1. T4iE OONIRAC_r DAIS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Sijb- Contractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for CK OF CURBS, GUrIERS AND SIDENAUCS d. faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of. Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACIOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working ordex, the work of OF CURBS, GUITERS AND SIDEWAIXS 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, 1M00KS1H=CK OF Cam, GUrI M AND SIDENAH.5, PMJB= 93-103 and which Plans and specifications are identified by the signatures of the parties to this Contract. It is understoc1 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 CONTRACIOR, 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 CoNTRACr FOR PUBLIC wom (continued) 3. ownwcT mum. CITY agrees to pay, and COATIRACIOR agrees to accept, in full payment for the work above agreed to be done, the sum of FIMT Fitt USAM SKM HUM= SBnNN FOM DM ARS AND I3aNE:1'Y CM IS ($44,774.,90) subject to additions and/or deductions as provided in the Contract Dominants, per Exhibit A attached hereto. 4. ®ISFUi'ES PESUADUM ID PA3MM FUR WCM. Should any dispute arise respecting the true value of the work. done, or any work omitted, or of any extra work which COMRACIOR may be required t- do, or respecting the size of any payment to CONTI'RACIOR during the perfoxznance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f" of the General Provisions. 5. PMMIS, C1CNN. MXE WrIH IM. CO nRACTCR shall obtain and bear all expense fc; all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPEMCIN BY THE: C1'.PY. CLUIPACTOR shall at all times maintain proper facilities and provide safe access for inspection by CM to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered -for examination at CONTRACIOR'S - expense 7. EDEM Cat AMMCNAL 6 C 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 ainount 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 agreennant of the parties. No extra work shall be performed or change be madc- except by a written order from CTrY, 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 PE 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. CONMCIOR 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 CWMCT FOR PUBLIC WORKS (continued) 9. ice, ANENEM Nl' OR MMIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TERE Flit COVIMCN. All work under this Contract shall be completed in accordance with the Time for Completion section in the proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond COITMCTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions, in the Contract DocLm ents. 11. INSPELTT143N AND TES11M OF AUMMAIS. OONTRACItOR 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. DUMCH FICR BREACH OR IN90MEN.Y. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRA(rIUR'S surety and CONTRACIUR, and the surety shall have the right to take over and perform the Contract; provided, haaever, 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 twice over and perform the Contract, or does not continence performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the aec=t and at the expense of CONTRACTOR, and CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. 'THE CTTY'S RIGHT ZO WIME) CFHMIN AID UNT5 AND MKE APPIJCMCH Z4ERREM. In addition to amounts which CITY may retain under other provisions of the Specifications until final ccupletion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 CONTRACT FOR PUBLIC WORKS (continued) CITY may apply such withheld anumt or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CI:'TY shall be considered as a payment made under the Contract by CITY to OONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S ONotice. to Contractors. 14. NMCE AND SERVICE 7HER130F. Any notice frc . one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPMM40, 10300 TOME AVENUE, CUPERTINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to 390 MIUM AVENUE, SAMM CI ARA, CA 95050, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to 031MCIORIS surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT' OF CCRHM-T. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPIJANCE WITH SPECMCATI(M OF HA TF RLUS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, w-less CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. MMIR I S CIUMPENSMON INSMANCE AND E MPIDYER'S LIABI r TTY IMUPMM. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, 00:MRACIOR shall require any and all sub-contractors similarly to provide Worker's C opensation and Eftployer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. Contract Page 4 of 6 CONTRACT FOR PUBLIC WORKS (continued) In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in a000rdance with the provisions of the. Labor Code, and I will ecuply with such Provisions before commencing the performance of the work of this Contract." 18. ACC3DENr PREVEff10N. 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 cx-struction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CCUrRACIKIRIS FCR 7M 6 C 0NI'RACPOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CX*TIRACTMIJ CXPJ VTM. C7ONTRACIUR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACIOR 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, Oiether latent or patent, revealed to CITY within one(1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 21. DEFERRED ALTERKNTE SELErTICK. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. Contract Page 5 of 6 ODNTRACr FOR PUBLIC WORKS (continued) P.O. IN WITNESS MEREM, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPE:R'TINO CONTRACPOR: By: r�5� Notary acknowledgrient is required. If a corporation, corporate seal and corporate notary acknowledgement are required. If not a corporation a Social Security No. or Federal Tax I.D.# is required. ` Soc. Security # Federal Tax I.D. # r Attest: _ C1 Cl Date: llG�l. G� �� r 19 ty Clerk Z AIC Att PROEDURE: y Project Name & Number: GT OF Cam, GUTTERS AND SHOMM, PROJECT 93-103 Contractors Name and Address: R. H. WEHNER C7CKCIUME QSIiiG.fifO,T MANY 390 MARTIN AVENUE SM CgARA, (A 95050 Contract Amount: $44,774.90 Account Number: 710-8403 720 File Number: 50,325 Contract Page 6 of. 6 lVfK=Fa Iw&ACKW*WLEDepi -1.EKT State of California CAPACITY CLAIMED By Sim County of Santa Clara [] twotvtotrnc(s; ® CORPOnAVE ' On 5/14/93 before me, Margaret D. Bolin or,FlcEnisl Pres i dent DATE NAME.111tt of off ICEn.E G.'JANE ME.NOIAM rUD lc' miarsr ® r rilNEn(S) personally appeared_^ Andrew J. Ba.rdakos 0 ,0101INVY-INTAC7 NAMEIS)CW sm.NEn(,j C intIS1FF(R) personally known to me-OR- []proved to me on the basis of satislaclory evidence SUBSCMBING w11NESS to be the persons) whose nante(s) is/ate subscribed to the within insttauleni and ac- knowledgedCJ GUnnrnnwCONSEAvntOA to me that he/she/lbey executed U oiiwrt:-the same in his/her/their authorized capacity(ies). and that by his/herAbeir signatures)on the inshunlent the petson(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. "Awor retKo"1s1o11EN/1TYpEs1 Witness my hand and official seal. H• Wehner Construction C SIGNAlWEOf NOIAAnY —. ATIENTION NOMY:AtRrough Rae Intoemalion requp*led below le OPTIONAL,it could prevent traudulent altachment of ttdc cprti4icAtp to tmautllolf?Bd doannent. �b THISCEft11FICAIE Title or Iype of Document MUST BE ATTACHED Number of Pages Dale of Document TO THE DOCUMENT --- -- DESCRIBED AT RIGHT: Signet(s)other Ihan Named Above _ '", I NA TtMJAt NOI AM Ass(x.IA raw-(tr.V.Itv p.#Ave •n 0 Ao. Nu•ce. hask CA 913"71"' C N7PRACr FOR PUBLIC WORKS (cont u-iued) INSURANCE AGREEMENT 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 accordance with the provisions of that Code, and will comply with such provisions before can-mencing 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, commercial or comprehensive general liability insurance, automobile liability 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 companies 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, excepting workers' compensation coverage, shall name the City, its engineer, and each of its Directors, Offioers,Agents and E ployees, 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 construction, Contractor shall furnish certificates 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 ecmpleted. The requirement for carrying the foregoing insuranre 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 Agreement Page 1 of 2 CWM ALV FUR PUBLIC WOWS (continued) Pudic Liability - either Combined single limit of 1.0 million canwxcial general liability per occurrence; $2.0 million in the cw canprehensive general liability; aggregate. including provisions for contractual liability, personal injuzy, indgxrdent contractors and property damage coverages. Automobile Liability - comprehensive Combined single limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. (Contractor's Name) k 19 R�. G. � Rated: IjIsurance Agreement Page 2 of 2 CERTIFICATE�• � 7M ISSUE DATE(dAM:OO/VY) >` 05 14493 PRODUCERDorsey, CONFERS 1 O RIGHTS UPON CERTIFICATE►OLDER.THIS CERTIFICATE Dorsey, Hazeltine & Wynne DOES NOT Ate,EXTEND OR ALTER TIE COVERAGE AFFORDED RV THE P.O. Box 50307 POLICIES BELOW. Palo Alto, CA 94303 C®AtlPAt►!iES AFFORDING C®1fEHAtaE COMPANY A CNA Insurance Co LETTER COMPANY PANY 0 Republic Indemnity TTER INSURED _ __ _ ___ _ _ ------- -------- R.H. Wishner Concrete Construction COMPANY C 390 Martin Avenue I LETTER — Santa Clara, CA 95050 COMPANY LETTER COMPANY E LETTER .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR C.ONDfTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER---POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY I006208085 02 01/93 02 01/94 OENERAI_AGOREGATE Is 2,000,0001 X COMMERCIAL GENERAL LIABILITN PRODUCTS-COMP/OPAGG.1$ 21000,0001 LAIMSMADE OCCUR. PERSONAL .INJURY $ 1 OOO 00 WNER'SBCONTRACTOR'SPROT. EACH OCCURRENCE $ 1,000,0001 X Contractual I FIRE DAMAGE(Anyone fire) S 250 00 X XCU MED.DI ENE(Anyone $ 5 00 A AUTOMOf$ILELIABIIJTY 806208086 02/01/93 02/01/94 COMBINED SINGLE $ 1,000,00 X ANYAUTO I LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS I (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) I GARAGE LIABILITY PROPERTY DAMAGE $ X Contractual A EXCESS LIABILITY 1606208090 02/01/93 02/01/94 EACHOCCURRENCE $ 1 000,00 X UMBRELLA FORM I AGGREGATE $ 1 OOO OO OTHER THAN UMBRELLA FORM B WORXER'SCOMPENSATION PC944774 IO2/01/93 02/01/94 STATUTORY LIMITS AND EACHACCIDENT $ 1, 00,00 EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT__ $ 1,GOO,00 DISEASE-EACH EMPLOYEE $ 1,000,00 OTHER DESCRIPTION OF OPERATIONSILOCATIONB/VEHICLESIOECIAL ITEMS Re: Reconstruction of curbs, gutters and sidewalks (project 93-103 ) General Liab.incl. severability of interest & per project aggregate. (wcws) See Attached Schedule. WR"P .: . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL City of Cupertino MAIL 3 0 DAYS WRITTEN NOTICE TO THE GER ICATE HOLDER NAMED TO THE 10300 Torre Ave. LEFT, Cupertino, CA 95014 AUTHORIYE PRES T c /�/•J_ j V s .13763 DE IPTI (Ca ed 66m page 1. Job Description: Reconst. of curbs, gutters and sidewalks (project 93-1 03 ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED o OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization named in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Cupertino, its engineer, and each of its directors, officers, agents and employees. Any. a CG--20 10 11 85 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the rendering or failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection or engineering services. CG 22 43 11 85 t tM. N 376 CONTRACT MR PUBLIC WORKS (continued) EN)ORSHMN T OF PE IDIARY INSURANCE In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss undei said additional policy. POLICY INFORMATION 1. Insurance Conpany: CNA 2. Insurance Policy Number: 006208085 3. Effective Date of this Endorsement: 5/2 4 19 93 4. Insured: R. H. :aehner Concrete Construction All notices herein provided to be given by the Insurance Copany to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, Anthonv E. Wvnne (print/type name) warrant that I have authority to bind the below listed Insurance CagDany and by my signature hereon do so bind this Company. Signature of Authorized Representative: A• (Original signature required on all Endors is furna. ed to the/District) Names of Anthony E. Wynne/ Agent/Agency:Dorsey, Hazeltine s `�eTitle• Broker Address: P.O. Box 50307 Telephone: 415 858 2375 Palo Alto, CA 94333 Facsimile: 415 856 1023 Primary Endorsement Page 1 of 1 CONFMCT FOR PUBLIC WORKS (continued) ammo 1SIVE GUMIAL LIABMITY/ COMMERCIAL GENERAL LIABITXT_Y kNDORSII'4Effr OF AGNATE LIMMS OF INSURANCE PER PPRO= In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below--referenced policy of insurance. The general aggregate limit under LimiTS OF INSCTRANCE applies separately to the project described as Reconstruction of curbs, gutters and sidewalks, City of Cupertino. (93-103) POLICY INFORMATION 1. Insurance Company: CNA 2. Insurance Policy Number: 006208085 3. Effective Date of this Endorsement: 5/2 4 , 19 93 4, Insured: R.H. Wehner Concrete Construction. 5. Additional Insured: City of Cupertino, its Directors, Officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, Anthony E. Wynne (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ��to (Original signature required on all Elzdor is furni. �theistrict) Names of Anthony E. Wvnne/ Agent/Agency:Dorsey, Hazeltine & %NrnneTitle: Broker — Address: P.O. Box 50307 Telephone: 415 858 _ 2375 palo Alto, CA 94303 Facsimile: 415 856 1023 Aggregate Limits Endorsement Page 1 of 1 CONTRACT FOR PUBLIC WORKS (continued) WArvER Or SUBROGATION ENDORSMENT WORKER'S MWENSATION INSURANCE In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company 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 performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance CoWiny: Reoublic Indemnity 2. Insurance Po 1 icy Number: P C 9 4 4 7 7 4 3. Effective Date of this Endorsement: 5/2 4 19 93 4. Insured: R. H. Wehner Concrete Construction All notices herein provided to be given by the Insurance Company to the City in coruiec:tion with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, Anthonv E. Wvnne (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: � (Original signature required on all Fedor is furni ed to the piSE71ctj Names of Anthonv E. Wvnne/ Agent/Agency: Dorsey, Hazeltine & Wynngitle: Broker Address: P.O. Box 50307 Telephone: 415 858 2375 Palo Alto, CA 94303 Facsimile: 415 856 1023 Subrogation Endorsement Page 1 of 1 NOTARY ACKNOWLEDGMENT State of California A County of__SANTA CLARA On 5/14/9 3 before me,—_.__ L IND_A K. LA MARR _ (here insert name) Notary Public,personally appeared G.F. GERBING, JR. _ _ 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. WITNESS my hand and official seal. UNDA K. LA tdARR Comm.A 971389 NOIAW PUBUC CALIFORNIA q Santa Cara Caorty T 0 t ) i > � ( ) fIL MyComn.ExciresAug 13 ;99<`e - Signature Seal P' CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S)OR ENTIT'Y.IES) ❑ INDIVIDUAL(S) E�qJ PARTNER(S) ElGUARDIAN/CONSERVATOu ERICAN BONDING COMPANY El CORPORATE 129 ATTORNEY IN FACT ❑ OTHER OFFICERS) ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ATTENTION NOTARY:Aflhough the information requested below is OPPONAL.,it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: _----- Document Date: HEREIN: Signer(s)other than named above; ®� OR Briars 81 California CAPACITY CLAIMED BY SIGNED p alloivtavA�fsl County of _ ConPWAiE On 5/14/93 before me. Mar aret D. Bolin or-ricEn(s) Pres i dgQ•t_. DaIE waalE.nnF a a►treCEn.E c.•iulE .Itilla/ir iv�llc• reuF.tSt p PAn1NEMS) personally appea►ed__ Andrew J. AlionmEy-iN-rACT tlaelfls/t$tettl►+ERIt1 p inusims) �i personally known to the-on-U proved to me on tile haste of ealislacloly evidellce p wasentatNo w1tNESS to be the pe►son(s) whose name(s) islate ® GUAnOMMONSIMMOn subscribed to Ilia willihl hishuitteni and ac- ktiowledged to rile that be/she/they executed p 0111Fn- file saliva in hls/lie►/flleir atilllolized cnpacily(tes). acid litat by Iris/lter/llieit signalule(s)on the inehunletll the pelson(s). - -- or tile eiltilyupot►hellallofwllirlr tile pe►soll(s) SIGNER IS REPRESENTING: ; acted.executed the hisltuniew. C40M OF rtnq(*I'glOnENIOM M R.H. Wehner Construction Wihiess my hand acid oliicial seal. $tMAIME Of NOtAf1Y Alit"1101111t?TAtiic Although 11te InIm atlon tectitAted be>aat IS Ott n011Ar..It cmid tnevpttl foattdtdenl alladmtntil of Ilde telltfkate to untnliftmlted dme"ONA. 7111S CEITIIKICAlE Title or l ype of Docunrerll MUST BE ATIACIIED Number of Pages__ Dale of Document TO THE VOCUMENI ®ESCnIBEO AT MOW- Sigae►(s)Olhet t han Named Above. I WII Flnl lnuat►anI ally a¢�cu:ul i rIN•INJe:hr�..�l na. •�o M+'IM.Ctmotts ran Gtla�e tiM ti BOND NO. : 9240934 PREMIUM: $1,119.00 FAITHFUL PERFORM&E BOND KNOW ALL MEN BY THESE PRESENTS: R. H. WEHNER CONCRETE CONSTRUCTION TH&T WE, COMPANY, INC. iI as Principal, (contractcr's name) and AMERICAN BONDING COMPANY as Surety, (bonding company's name) are hold and firmly bound unto the City of Cupertino, State of California, in the sum of **SEE BELOW 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. **FORTY FOUR THOUSAND SEVEN HUNDRED SEVENTY FOUR AND 90/100 DOLLARS THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated MAY 13 1993 with the Obligee to do and perform the following work to-wit: RECONSTRUCTION OF CURBS, CUTTERS AND SIDEWALKS, PROJECT 93-103 NOW, THEREFORE, if the said principal, shall well and cruly perform the work contra*,�td to be performed under said contract, then this obligation shall be vol.4; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 14TH day of MAY 1993 (To be signed by Principal and Surety. Notary acknowledgments roquLred) CONTRACTOR ,. R. H. WEHNER CONCRETE CONSTRUCTION COMP INC. II Principal AMERICAN BONDING COMPANY Surety B r l Attor yy'Tn=Fiat G. F GERBING, JR '✓ J The above d is ac,y4tod and approved this day of .19+ i Faithful Performance Page i of 1 BOND NO. : 9240934 PREMIUM INCLUDED IN CHARGE FOR PERFORMANCE BOND CONTRACT POP. PUBLIC WORKS (Continued) LABOR AND MATERIAL BOND MOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and R. H. WEHNER CONCRETE. CONSTRUCTION COMPANY, INC. II 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 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS, PROJECT 93-1P3 more particularly described in said contract; and inoorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said principal, or any of hip 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; R. H. WEHNER CONCRETE CONSTRUCTION NOW, THEREFORE, WE, COMPANY, INC. II as Principal, (contractor's name) and AMERICAN BONDING COMPANY as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen. persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons. companies or corporations lending or hiring teams. implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the some, 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 sun of FORTY FOUR THOUSAND SEVEN HUNDRED SEVENTY FOUR. AND 90/100 DOLLARS. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act Frith respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. Labor and Material Page 1 of 2 NOTARY ACKNOWLEDGMENT State of California ' County of_SANTA CLARA On 5/14/93 before me— LINDA K. LA MARK _ _ (here insert name)Notary Public, personally appeared _ G.F. GERBING, JR. 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 persor(s) acted, executed 'the instrument. WITNESS my hand and official seal. 3 UNDDAA KK#971ARR t NOTMW Po18UC cralrt>anu �� a sm,*ffs C-ty 73 Signature �� — a`� 1� -- --- - -— (Seal) *+rocn.,l. �i�lg.t3,t946 CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING NAME OF PERSON(S)OR ENTI7'v(IES) ❑ INDIVIDUAL(S) ❑ PARTNER:S) ❑ GUARDIAWCONSERVATOR AMERTCAN BONDING COMPANN ❑ CORPORATE M ATTORNEY IN FACT ❑ OTHER OFFICER(S) ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS i ATTENTIOU NOTARY:Although the information requested below is OPTIONAL.A could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: -_----_- Document Date: HEREIN: Signer(s)other than named above; _ ®!Is/It�oss dlCl�01lVL�DGMENT State of California _ CAPACITY CLAIMED BY SIGNER ® INDIVIDUAL(S) County of Santa Clara COfTPORAT E On 5/14/93 before me,_ Mar aret D. Bolin V orFlcEn(s) President DATE NAME,711tE or Wf1CFn.¢ciANF tKW.1TD)Anr nmuc ® PAn1 NEn(S) personally appeared Andrew J . B a r d a ko5-- ® AT I ORNEY-IN-FACT NAWIS)OF SIGNEnist [] TnUSTEE(S) ® personally known to me-OR- ®proved to me on lire basis of salisfaclmy evidence ❑ SUBSCRIBING WITNESS to be fire pevsnn(s) whose name(s) is/are CI GUAnDiAN/CONSEnvATOn subscribed to the wilhin inshunrent avid ac knowledged to me that befshe/they executed U oTtlEn: — the same in hisfherftheir authorized _ capacity(ies), avid that by his/het/their signatures)on the irrstrumeo live person(s). — or the entity upon behall of m-trich the persons) SIGNER IS REPRESENTING: , acted, executed the inshumetd. NAut or rE mmtsi an mmytiES► R.N. Wehner Construction WiUvess my hand and official seat. -•''' /' Lam-.-- --�— SION41UTIE Of N01MIY AT1@N11I0N NOTAriY mhough p.e Mtorm lifon Iefjlri led t wlow 15m celtitOPTIONAL. r cl c is to 1mau11to11ted dognrn!M. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document To THE DOCUMENT DESCRIBED Al RIGHT: Signer(s)Oliver Than Named Above lone NA 1"JA1 Nni M1Y ACctlt:IA WIN•117U: I A" .r 0 t1o.-uu.cAop rma CA Vim"711M r BOND NO. : 9240934 CONTRACT FOR PUBLIC WORKS (Continued) This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, $o as to give a right of action to thews or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time. alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any vise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety this 14THday of MAY , 19 93. (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTOR R. H. WEHNER CONCRETE CONSTRUCTION COMPANY, INC. II Principal AMERICAN BONDING COMPANY Surety By; 'F R�a The abovvond is accepted and approved this day of , lo z ' Labor and Material Page 2 of 2 ' AMERICAN BONDING COMPANY 9240934 .GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint G.F. GERRING, JR. OF SAN JOSE, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds.undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying'he attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Serretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that:he signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Wdness Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 28th Day of August, 1992. Attest: a AMERICAN BOND G COMPANY By SEA > William R.McKenzie,Assistant.Vice President flow 'e James ,V' a President STATE OF ARIZONA 55.: COUNTY OF PIMA On this 28th day of August 1992 , before me personally came James M. Boylan,to me known,who being by me duty sworn,did depose and say that he is a Vice President of AMERICAN BONDING COMPANY,the corporation described in and which executed the above instrument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �. OFFICIAL SEAL CHRISTIE TURLEY CHRISTIE TUFLEY NOTARY PUBLIC NOTARY PUBLIC My Commission Expffm" My Commission Expires March 10.1995 Mach 10, 1995 CERTI 1,the undersigned,ar.Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney,is now in force. Signed and sealed at the city of Tucson,in the State of Arizona. Dated the 14TH day of MAY�t . 19 93. @SEA Florence E Robert,Assistant Secretary PROPOSM, EXHIBIT RE MIS'PRUCTICC OF iJT2BS, GUTTERS AND SIDEWATXS PMJECT 93-103 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, Dear Six: In compliance with the Plans and Specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks in the City of Cupertino, Project 93-103, I, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and emmined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and tra,-tsportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for cuaparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to aanit items or portions of work deemed unnecessary by the Engineer.. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material regt`ired to cmplete the Reconstruction of Curbs, Gutters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to ampletion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. BID FST.QT'Y. ITEM UNIT ITEM g S o 1. 4,514 SF Remove & reconstruct concrete $ 6C /SF $ sidewalk oceplete & in place Dollars/SF v; G� 2. 533 LF Remove & Reconstruct concrete /IF $ Sc1j1 curb & gutter. Dollars/LF Proposal Page 1 of 7 - (o c� (m•c3 3. 491 SF Remove & reconstruct five $_ S /SF $ inch (5'1) PCC driveway comp a V` & in place for P,0C 'S L C-gn%`� Dollars/SF 4. 750 LF Provide for root cutting of $ /LF $ 3 street trees cxuplete & in place for Fo.11C' Dollars/FA 5. 306 LF Place A. C. cutback at lip $ 41� /LF $ of gutter Dollars/LF IUM $ Zy Proposal Page 2 of 7 NONCDLUMCK AFFIDAVIT M BE EDUXXU D BY Biwat Am— amI mb wLm Bm I, the undersigned, being first duly sworn, deposes and says that I am ( g elf k _ of��uk l���tl vS (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership; axnpany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, co mminication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ccepany, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 3 of 7 RTM- ER Q N4TICA7 CIN F�tM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for '�--5 years. our experience in work tearable with that required by the proposed contract is years operating under the following different name(s) . My California Contractor's License Number is VVMV� The classification of my contractor's License is A The expiration date for my contractor's License is 3- * (!his Section for city use only) * The above information has been verified by __ on * Dntractors State License Board (800) 321-2752 or (408 277-1244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 BIDDER laS'IUM OF RM The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has ccwpleted within the past three (3) years. Whom Phone Year Location Class For Performed Number Amount q2 Wr,�i" (\ ` - P`,-A C\ Lo,, -- 90 C 4 ( n�� Proposal Page 5 of 7 SUMMACIOR'S FCFM 'Ihe subcontractor(s) , as defined in the General Provisions and in Section 702.6 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 li. pted below. only those listed below shall perform work on this prof and each of them has been provided with a full and complete set of pl and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name Address tilr- Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed. 5. staple Address Work to be Performed 6. Name Address Work to be JPer-fmed Proposal Page 6 of 7 RITE M'S SI(2t.W FUM IF YOU ARE AN INDIV.IDIiAL, SO SPATE. IF YOU ARE A COMPANY OR A CO-PAM E1-SOWIP, STATE 'nfE COMPANY NAME AND LIST UM NAMES OF ALL INDIVIDLIAI., CO-PARINERS COMPOSIln I EE COMPANY. IF YOU ARE A CORPORATION, -9EXTE THE LEGAL NAME OF ITiE CORPORATION AND n1E NAMES OF "M PRESIDERr, SECRETARY-TREASURER AND AGES. n1E CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME C YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS CO-PARTNERSHIP: INDIVIDUAL: JOINT' VENTURE: OTHER: (Descx ibe) Name and Signature of Bidder: nGQcPc--'> rA nt 7r type name) Date: Address (mail.ir?g & location) : 77��A� n �C� �_ �r,nn Cra gSpSJ Telephone Number: -Al- 1 Acknowle kjwnt of all. addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Attended Manditory Pre-Bid Meeting yes no Proposal Page 7 of 7 ' Sipature Form. StandAM tit or torrnot have given a Specifications, General bidder an advallape or berAft t i l�T!l�R�i P owuonns,spa"Pvovis om not abwed adlrr bidders. ��®�� ®� PUBLICATION �I*Iti9 SPOCe 9.1°Jp °gm'4 abwwd to the The eCCity a ctor Fait Filing stamp C,, o.�eon a for nce Performance �as Public Works. may be raiiuiredinthe spedifliMbOm reviewed and copies of wrier it tdna9 be mandatory upon (2015.3C.C.P.) may toC+mo"as ft000a,Me Contractor to whom the the City Engineer. City of agsract is awarded.and upon Cupertino, iW3WTerra lo sr0 K a pay 1 SPATE OF CALIFORNIA AnueC�bnq.CAt*0l4.lees that,, the geneal upon depow ansabrs of SSW Prevailing we"tares to ere per set.now d which r'pp' A workers amploYed in the well Us refunded. Special execution of am 0011131act as County of Santa('tarn afttionofbrrldasis diredea provided for in Section 7-1 All A to Section 7.Proposal a"of flw Stmldord 5podkcasons. r Award of Contract, of Me Payments a lire Contractor General Provisions for full wa:be made in cash by said a'Rt)t)I submission by t" Sealed asp roposals MN be City Carora�ctorandeppovalby" 1 am a cilit!ert of the United Slates and a resident of the received at the office of the Engineer of a prowess billing county ofore9aid: 1 am over the age of eighteen years, Puo part ic works Dement,which reflects tore value of me and not art or interested in the above-entitled matter. CityHag.City 01 Cupertino'`vivo`completed The progress F y 10300 Torre Avenue,payments made as work 1 am the principal cterk of the printer of the Cupertino. CA 95014. until progresses will be payments 2:W PJA.:>n MAY 11.190.ari on account and will not be which time they will be considered as an acceptance pubhcil opened and Iha of any pan of the material or 11 compa•3tive 0ta15 r�zd. workmanship re�ured by the CUPERTINO COURIER all proposals or bids shi al Contract. be accompanied by cash,3 Pursuant to Section 4590 of ' cashier's check or certified the California Government 10601 South UeAnza Blvd..Suite 107,C m th lion,Califot- check payable to the order of Code.the Contractor will be 9 �" e City of Cupertino,in e peorAted,upon request and its nia.a newspaper of general circulation,printed every amotrm of ten ptro®rit(10%)Of sole expense.to substitute Wednesday /Luin the cif of Las Alloy.California,Count of the bid.or a a bond in said securities for any moneys Y Y amount payable to the CiN Of ensure by the City to ense Santa Clara,and published in the city of Los Altos,Califor- ' Cupertino.Said bond shaft be performance under the signed by the bidder and a Contract.Said securities will nia.County of Santa Clara:and which newspaper has been corporate surety,or by the be deposited either with the adjudged a newspaper of general circulation by the Suricrior bidder anc two(2)sureties City or with a state or federally whk.shali justify before any chartered bank as escrow Court of the County of Santa Clam.State of California. officer competent to Case Plumber 329150;that the notice of which the annexed reftmiste,an oath•in double Securities,eligible for this sa.d amount and ever and substitution are those fisted in is a primed copy(set in type not smaller than non-parcil), above an statutory Section 16430 of the California published in each regular and entire jsaltC of said exemptions. Said cash or government Code or bank or has been p g check shall be forfeited or said savings and ban certificates of newspaper and not in any supplement thereof on the bond shall become payable to deposit, interest bearing the City in case t e bidder denraeKt deposit accounts, following dates,to wit: depowfing the same does not stan�y letters of credit,o any enter into a contract with the other by letter mutually City with"ten(10)days altar agreed to b the Contractor an written notice that the Cityby Contractor shall be Conan��away M bonetiaal owner of any T h the contract• securities substituted for All bids shaft be compared using the estimated quantifies withheld and shall receive any prepared by the Engineer and interest thereon. t� the Unit Prices submitted.No Date;April 4,1993 all in the ant ISt 9;9� ledineatedCity of Cupertino y will be By.fy Roberta Wolfe are requiredDeputy City Clerk ms of the Pug.a- 1-93 2162-C 1 certify(or declare)under penalty of perjury that the proposal. foregoing is true and correct. No federal funds are involved in this project, therefore.bids submitted shall 13ated at Cupertino,California, his be invalidated by the failure of rJ , 2 3the bidder to be licensed in �C accordance with the laws of 19 the State of California. No bids will be awarded to a Contractor who is not kcensed C in accordance with the provisions of Division 3 of Chapter 9,"Contracts'of the Business and Professions Coae of the State of California. The contract shall not be Signature __ _ awarded to any bidder who does not possess a Class C8 or General Engineering NOTICE TO Contractor's License. CONTRACTORS All bids received will be City of Cupertino reported to the Director of 10300 Term Avenue Public Works of Cupertino Cupertino,California 95014 within thirty (30) days of The Gly of Cupertino,Santa receipt, at which time the Clara County California, Director of Public Works will i-riles sealed proposals for review and act upon the bids the construction of the work as submitted.Award,if any,will delineated on the Plans andfa be made to the responsible in the Specifications,entitled bidderwho% is most RECONSTRUCTION OF ad�alftow sto me city. - gURaS. 6LTT�S_ AND The City of Cupertino a UML KA E13ECT 93• reserves the right to award the contract to any qualified bidder lu based on the proposal that is Contract Documents, most advantageous to the City. consisting of Notice to The City also reserves the Contractors.Proposal,Time right to road any or all bids or for Completion, Estimated to waive any irregularities in Quantities. NbnecllU61e41 the bidding procedures, ANidavit,Bidder thalifxatloft variance cannot Form,Subfwntiactors Form. have the amount othe Pace 221 CtVadno Cioudw I Apt 21.199a r PROJECT.......__. RECON.CURBS,GUTTERS,AND SA' Cr Y OF CUPERTINO DEPARTMENT OF FUBLIC FORKS FILE NO.._....._.. 50,325 BIC OPENING DATE.... MAY 11,1993 LOCATION.___.... CUPERTIN O ENGINEER'S EST. RH wEHNER DC MUNGCAL P&F CONST DESCRIPTION QUANTIT`( UNIT I UNIT PRIC AMOUNT UN?i PRICE AMOUNT UNIT PRICE AMOLiNT UNIT PRICE AMOUNT 1.REMOVE&REPLACE SN' 4,514 ISF S6.50 S29 1 1.00 S4.95 S22.344.30 S4.04 I 518,236.56 S6.20 S27.986.80 2.REMOVE&REPLACE C&G 533 LF 525.00 $13.325.00 S29.00 S15,457.Ov S?6.22 S13,975.26 $20.00 $10.660.00 3.REMOVE&REPLACE DNJ 491 SF S8.00 53 pmm S5.60 S2.749.60 S9.52 1 S4.674.32 S6.55 S3,116.05 4.ROOT CUTTING 150 1 LF S6.00 S4.500.00 S4.00 $3,000.00 S8.61 M.502.50 S5.75 S4,312.50 5 PLACE A.C.CUTBACK 306 1 LF S5.00 S1.530.001 $4.00 1 $1,224.00 511.8U S3,610.80 S2.70 $826 20 TOTAL BID S52,624.00 $44,774.9-0 S46,999.44 54 7,001.55 AMBO ENG;NEERING MID-'ALLEY CONST_ MX CONSTRU'MON BLA.NCHI CONST DESCRIPTION i QUANTTFnj UNIT UNITPR)C AMOUNT UNITPRICE AMOUNT UNITPRICE OUNT UNITPRICE AMOUNT 1.REMOVE&REPLACE SAV 4.514 SF S5.80 S26.181 20 S6.00 527.0+4.00 S5.25 $23.698.50 S6.25 S28.212.50 2.REMOVE&REPLACE C&G 533 LF S22.80 $12,152.40 S20.00 S10.660.00 S18.50 S9.860.50 S19.90 S10,606.70 3.REMOVE&REPLACE DIW' 491 SF S6.90 S3,387.90 S6.00 S2,946.00 S5.65 52??4.15 56.55 S3,216.05 d.ROOT CUTTING 750 LF S16.00 S4,5M.00 S7.00 S5,250.00 S7.50 S5.625.00 57.50 S5.625.00 5.PLACE A.C.CUTBACK 306 LF S3.60 S11101.60 SS.00 51.530.00 SIBSU S5.661.00 Sb.50 S2.601.00 TOTAL BID S47.3233.10 S,47.470.00 S47.619.15 550?b1.25 1W C$t'4 of Cupert9N8 103W Torre Avenue Cupertino,CA 95014-3255 Telc�'lhone : 1408r 252-4505 I A V 0081 252-0753 ')FP->RJ%1FN! OI 1HE CHY(HRK May 14, 1993 RECEIVE:[) MAY 1 7 f9g3 R. H. Wehner Construction VNiVkRSAL SWEEt lr�G 525 Sunol Street San Jose, California 95126 CITY COUNCIL ACTION-AWARD OF BID This will confirm the award of contract to you for Reconstruction of Curbs, Gutters, and Sidewalks, Project 93-103. Council awarded this contract to you on May 11, 1993, for your low bid of$44,774.90. information may be received from the Director of Public Works for the signing of the appropriate documents and for the answering of any questions. Sincerely, DOROTHYtORNEL[US, CMC CITY CLERK cc: Department of Public Works Tegan McLane Business Journal 152 N. 3rd Street San Jose, CA 95112 • PROPOSAL MMNS£RUCTION OF CURBS, GUrrERS AND SIDE W-XS PRta7DC'I' 93-103 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTT_.NO, STATE OF CALIFORNIA, Dear Sir: In coWlianoe with the Plans and Specifications furnished for the Reconstruction of Curbs, otters and Sidewalks in the City of Cupertino, Project 93-103, I, 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 complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of 0 pectin doss not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit item 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 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 cmplete the Reconstruction of Curbs, Otters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to owpletion as scheduled. I further urxierstand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. BID EST-QTY. ITEM UNIT ITEM S S 1. 4,514 SF Remove & reconstruct concrete $ A /SF sidewalk cauplete & in place Dollars/SF mot. 2. 533 LF Reanove & Reconstruct concrete $ curb & gutter. r)k ; n,r%E_ Dollars/LF Proposal Page 1 of 7 3. 491 SF Remove & f ive $ /SF $ inch (561) POC driveway ccuplete & in place for 97•o C '00 ttoo s Dollars/SF 4. 750 LF Provide for root cut-1N of $ /LF street trees Mete & in place for Dollars/EA 5. 306 LF Place A. C. cutback at lip $ of gutty Dollars/LF 7 L TOTAL $ 4 P1 Page 2 of 7 N�CN AFFMAVrr TO HE EKECUnD BY MM BM I, the undersigned, being first duly sworn, deposes and says that I am <c(1 erg t- of y c�c1 es-- L , -.. (Busdrress 'Title) (Busi } the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. 'he bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, ocmmication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost elm of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 3 of 7 In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. we have been in business under the present name for - years. Our 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 \g-LLk\`� The classification of my Contractor's License is _ The expiration date for my Contractor's License is -Gly * (This Section for City use Only) * The above information has been verified by on * Contractors 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 licensed in a000rdance with the laws of the State of California, however, at the time the contract is awarded the conttraractor shall be properly licensed. Proposal Page 4 of 7 BIMER HISIM OF WCOK 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 cognpleted within the past three (3) years- VA= Phone Year Location Class For Performed Numbe.,L. AXKRmt Ck 2- A-1 o Proposal Page. 5 of 7 SOCCUBUCTUR'S PSI The subca-Itractor(s) , as defined in the Oral 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 t A total bid are listed' below. only those listed below shall perform work on this prof and each of them has been provided with a full and coaplete set of p and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name Address Work to be Performed 3. Name L 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 71med proposal page 6 of 7 BMM'S SICK NH= FAY IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A OOMEANY OR A CD-PARWERSH[P, STATE THE ODMEANY NAME AND LIST THE NAMES OF ALL INDIVI EXI, OD-PARITaRS OQGOSING THE MANY. IF YOU ARE A OO P►TION, STATE THE U SGAL NAME OF 7M OCRP00RATION AND THE NAMES OF THE PRESIDENT, SEICRETARY-'TRFWURER AND MANAGER. ME CORPORATE SEAL MUST BE ,AFFIMED TO THIS FUN. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS OD-PARTWE2RSfIIP: INDIVIDUAL: JOINT VENTURE: OTHER: (Describe) Name and Signature of Bidder: type name) Date: Address (mailing & location) : .a n k 0, C (r,n n C'n Telephone NLmber: Acknowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Attended Manditoxy Pre-Bid Meeting _yes no Proposal Page 7 of 7 s CITY OF CUPERTINO DEPAP OF PUBLIC WORKS CALL FC7R BIDS RBOONSIRUGTION OF CURBS, GUI+TER.S AND SIDB'►°&JM PRW= 93-103 BID OPENING TUESDAY MAY 11, 1993 2.00 P.M. Bert J. Viskovich Director of Public Works City of Q4xwtino - Public Works Depa tzoent 10300 Torre Avenue 04 rtino, CA 95014 File: 50,325 TABLE OF CONTENTS CONTRACT DOCUMENTS A. BID DOCLIMENTS 1. Notice to Contractors 2. Proposal B. GENERAL PROVISIONS: 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definition of Terms 4. Prosecution and Progress 5. Control of the Work 6. Legal Relations and Responsibilities to the Public 7. Proposal and Award of Contract C. SPECIAL PROVISIONS 1. Location of Work 2. Scope of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Limits of Work 6. Location 7. Time of CoapletionJLiquidated Damages 8. Traffic Control 9. Maintaining Traffic 10. Notification of Residents 11. Protection of Property 12. Relations with Property Owners 13. Topsoil Backf ill and Landscape Replacement 14. Quantities 15. inspection Costs 16. Noise Control 17. Testing 18. Items Not Specifically Included in Description 19. Removal and Disposal of Material 20. Water 21 Payment 22. Pollution Control D. DETAIL SHEETS 1. Detail A - Detached Sidewalk 2. Detail B - Monolithic Sidewalk 3. Detail C - Bender Board Installation 4. Detail D - Placing Cutback 5. Standard Driveway Detail 1-20 6. Location and Quantity Worksheets E. CONTRACT FOR PUBLIC WOM F. SIGNATURE PAGE NNTCS TO CC KnV C7CIRS City of Cupertino 10300 Torre Avenue Cupertino, California 95014 The City of Cupertino, Santa Clara (busty, California, invites sealed proposals for the action of the work as delineated on the Plans and/or in the Specifications, entitled RROVINCTICN OF CURBS, GUrXERS, AND Ste, PE XYB= 93-103.. Contract Documents, consisting of Notice to Cbntractors, Proposal, Time for Completion, Estimated Quantities, Nonuoollusion Affidavit, Bidder Qualification Form, Subcontractors Farm, Signature Fora, Standard Specifications, General Provisions, Special Provisions and P1,. -xs, Faithful Performance Bond, Labor and Material Bond, Insurance Cent:' lates and Contract far Public Works, may be reviewed and copies of : .� may be obtained at the office of the City Engineer, City of Cupe: ino, 10300 Torre Avenue, Cupertino, CA 95014, upon deposit therefore of $5.00 per set, none of which deposit will be refunded. Special attention of biddrzs is directed to Section 7, Proposal and Award of Contract, of the General Provisions for full directions as to bidding. Sealed proposals will be received at the office of the Public Works Department, City Hall, City Of Cupertino, 10300 Terre Avenue, Cupertino, CA 95014, until 2:00 P.M. on MY 11, 1993, at which time they will be publicly opened and the eamparative totals read. All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent (10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two (2) sureties who shall justify before any officer Ocapetent to administer an oath, in double said amount and over and above all statutory exe ptions. Said cash or check shall be forfeited or said bond shall become payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the contract. All bids shall be compared using the estimated quantities prepared by the Engineer and the Lhit Prices submitted. No isoauplete nor interlineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No federal funds are involved in this project, therefore, bids submitted) shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a C)ontracptor who is not licensed in accordance with the provisions of Division 3 of Chapter 9, 10Contracts" of the Business and Profession Oode of the State of California. The ontract shall not be awarded to any bidder who does not possess a Class C8 or General Engineering Ooantractar°s Ucense. Page 1 of 2 All bids re0eived will be reported to the Director of Public Works of Cupertino within thirty (30) days of receipt, at which time the Director of Public Works will review and act upon the 'bids submitted. Award, if any, will be made to the responsible biddy whose proposal is most advantageous to the City. 7he City of Cupert m reserves the right to award the contract to any qualified bidder based on the proposal that is most advantages to the City. The City also reserves the right to reject any or all bids our to waive any irregularities in the bidding procedures, provided the variance cannot have affected the amount of the bid or cannot have given a bidder an advantage or benefit not allowed other bidders. 7!he Contractor shall furnish to the City a Faithful Performance Bond and a Labor and Material Pond as required in the specifications. It shall be mandatary upon the UzTtrac:tor to whom the contract is awarded" and upon all , to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7-1.O1A of the Standard Specifications. Payments to the Contractor will be made in cash by said City upon sutni scion by the contractor and approval by the Engineer of a progress billing which reflects the value of the work ccepleted. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be d ited 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 Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other severity mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any severities substituted for moneys withheld and shall raceive any interest thereon. CITY OF C�F37I'1IJO / ��C/: Date: � o / / I F 2 City Clerk Published: April 21, 1993 Page 2 of 2 B. GENERAL PROVISIONS 1. ADOPTION OF STANL M SPECIFICA71CNS 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 Standard Specifications and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TERMS The definitions and terms outlined in Section 1 of. the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty contractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") , 1-1.15: "Director" means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the City of C1pertiro. 4. PROSEC(TIZON AND PROGRESS OF THE WORK a. Hazardous Materials If the presence of asbestos or hazardous substances is disclosed in the Bid or Contract Documents, the Contractor, or the Contractor's designated Subcontractor, shall be registered prsuant 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) 7 1 In the event the Contractor erx-munters on the site asbestos or a hazardous substance that has not been disclosed in the Bid or Contract Doctm►ents, and the asbestos or hazardous substance has not been rendered harmle,ss, 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 architE+ct 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 hours provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one of the following criteria: 1) No individual device produces a noise level more than eighty- nine(89) dBA at a distance of twenty-five(25) feet from said device. 2) Noise levels created do not exceed seventy(70) dBA on arty nearby property- It is a violation of this chapter to enrmge in any grading, street construction or urkdergrourd utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maxiumm noise levels. S. 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 prod, and shall diligently aryl continuously prosecute the same to coupletion within the number of working or calendar days as sham in the Special Provisions. d. Record Drawings The Contractor, upon campletion of this project, shall furnish and submit a set of accurate "Record Drawing" plans to the Department of Public Works. Five(5) sets cf "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traff+.c 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 wank 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 f. Suspension of the Contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other re--pert 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 cmpliance with the contract as directed by the Enjirmer, within the time specified in such notice, the City shall have the peer to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of ompleting said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties, who will be liable Uerefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will. be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the Cmpletion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid.. In the determination of the question whether there has been any such non- -oupliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. c�. Time of Completion 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 pats and requirements, is not finished or completed within the Mmiber 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 q. 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 beomme 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 colleted in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number_ of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. `Yhe cost of final surveys and preparation of final estimate shall not be included in such charges. The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the n-gineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the .inability to obtain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be con pensated for by reprising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquiree or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted aml the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. General Provisions page 4 of 15 g_ Time of C'.c mietion and Liquidat�l Damages (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 corder to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and mace findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. F-crept for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays1°) , and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or aorpensation for any delay or hindrance. It is the intention of the abo\re provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in con 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 conpletion 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 im ediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the city of Cupertino may order that dust control imkisures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspection in addition to the provisions of Section 5-1.08 of the State standard Specifications, the- contractor shall provide, to the Engineer, all information respecting the progress of the project. The Contractor shall also furnish telephone service at all facilities servicing the project. All work done by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or as specified in the Special a ivisions, unless authorized in writing by the Engineer. Mhenever the contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Gervral Provisions page 5 of 15 c. Inspection (continued) Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08.) d. Mon meentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line monuments and all U.S.C. & G. s. monuments in their proper places until their removal is authorized by the Engineer. Any monuments that have men removed without proper authority shall be replaced at the Contractor's expense. e. Samples and Tests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in -the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that urderground irrigation systems, electrical systems, and other utilities on private property are not damaged during eon�struetion of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense. General Provisions page 6 of 15 g. Water for Construction Water used in any way for the construction of the project shall be iMxirted by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and purchases the water from the water utility that services the area in which the construction work is located. 6. LDGAL RELATIONS AND RESPONSIBILMES TO THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all marries 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 connected 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 service provided hereunder, but not including the sole or active negligence, or the willful misconduct of the City. This 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 certificates or submission of other proof of compliance with the insurance requirements does not relieve the Contractor 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 attorney's fees suffered or incurred as a result of or in connection with and claims or actions based i.>pon 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. Indemnity (continued) The Contractor shall also indlemnify the City against and hold it harmless from any and all loss, damage, costs, expenses, and ay's fees suffered or incurred on account of any breach by the Contractor, ©r 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 work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates 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 coupleted. 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 Coapensation Liability. In accordance with the Worker's Caagaensaticn Act of the State of California - $1,000,000 per occurrence. Public Liability - either Combined single limit of $1.0 million cwmmercial general liability per occurrence; 2.0 million in the or comprehensive 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 - couprehensive Combined single limit of $500,000.00 covering owned, non-awned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.01A(4) of the State standard Specifications, which apply. In addition, the Contractor shall comply with the reccemtw_rrded minority and female esployment practices of the office of Federal Contract Ompliance of the Uuted States Department of Labor as-established for Santa Clara County. General Provisions Page 8 of 15 e. Prevailing Wad 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 Contractcr shall conform to the provisions of Sections 7--1.01A and 7-1.01B of the Standard Specifica'_ions. 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 hundred seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shall not apply to any claims resulting frc$n a contract between a contractor and the City when the City has elected to resolve any disputes pursuant to Article 7.1 (camnencing with Section 10240) of Chapter 1 of Part 2 of the Public Contract Cade. This 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. To that end, these contracts shall be subject to this section even if this section is repealed. The term "Public Work" has the same meaning as in Section 3100 and 3106 of the Civil Code. The term "Claim" means a separate demand by the contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. For any claim subject to this section, the following requirements apply; 1. The claim shall be made in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may regt,.zst, 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 information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) ^.he City's written response to t'w claim, as furtlte documented, shall be submitted to the claimant within fifteen(15) dajs after receipt of the further documentation or within a perm of time no greater than that taken by the claimant in producing the additioval information, whichever is greater. General Provisions page 9 of 15 93-010 RECONSTRUCTION OF CURBS , GUTTERS 2 of 4 & SIDEWALKS PROJ. 93-103 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 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 information 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 rinse 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 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 prey xibed, 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 conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (caaumencing with Section 900) and Chapter 2 (ccumiencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those previsions, the running of the period of time within which a claim must be filed shall be tolled frcan 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 pros. 6. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (canner-c with Section 900) and Chapter 2 (eaamnencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to resolve claims subject to this section: I. 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 berth panties of a disinterested third person as mediator, shall be caun ex&ned within thirty(30) days of the submirtal, and shall be concluded within fifteen(15) days from the ountencerent. 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 Constructic-1 Claims (continued) 2. (a) If the matter remains in dispaite, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Art 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 proceeding brought under this section consistent with the rules pertaining to judicial arbitration. (b) Notwithstanding &ny 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 custotary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (c) In addition to Chapter 2.5 ( encirxg with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does riot 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. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. g. Responsibility for Damages The City of C.lapertino, the City Council, the Engineer or the Engineer's agent;; shall not be answerable or accountable in any manner for any loss or damage that may happen to the work, or any part thereof, any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall be responsible for any liability imposed by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necesary by the City may be retained by the City until disposition has been made of such suits or clam for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General Provisions Page 11 of 15 g. Responsibility for Damages (continue 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does riot exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State 5tardard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a clam or lawsuit against the City our its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6c, above ("Insurance) . [See state Standard Specifications section 7-1.12.] h. Workers CMensation and UnePloyment Insurances Prior to entering into the contract respecting this project, the bidder to whom the contract is awarded shall furnish to the City satisfactory proof that the bidder has a policy of workers' compensation and unemployment insurance for its employees, that conforms to the provisions of Division 4, commencing with Section 3200, of the Labor Code or of the Unemployment Insurance Code, in effect for the entire period covered by the proposed contract. 7. PROPOSAL AND AWARD OF OONTRACr a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Inccuplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. contract Bonds The Oontr-actor stall 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 ay the Contractor. The second bond shall be furnished as required by the term of Sections 3247 to 3252, inclusive, of the Civil Code of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of OMYpletion. The remaining ten percent(10%) will be released at the end of one(l) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02.] General Provisions page 12 of 15 c. Execution of Contract The successful bidder, as Contractor, shall execute the Contract set �t forth in the oorract documents and provide the contract bonds and insurance 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 annulment of award and forfeiture of the proposal guarantee. d. Payment The City w-il make partial payments to the Contractor on the basis of a duly certified estimate of the work performed and the materials incorporated in the project during the preceding reporting period. The City utilizes a bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available at the City's Accounting Department. The City will retain ten pereett(10%) of the amount of each of said estimates un�il the expiration of V irty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for an: 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 form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractars, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Farm. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Farm. Bids eontauu g less than this or bids containing incomplete forms will be disregarded. General Provisions page 13 of 15 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 try, the bidder, with the bidders address. If proposals are ma&, by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals not properly submitted may be disregarded. Proposal_ forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 Torre Avenue, Cupertino, CA, 95014-3255 car by calling (408) 252-4505. f. Proposal Guaranty All proposals or bids shall be accagmnied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent(10$) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall becc a 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, incomplete bids or erasures, or for irregularities of any kind. Only the proposal form- 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 ccmbination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a siboantractor lioensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailpi drawings contained in the plans and specifications, in an amount in exoess of one-half of one per , (0.5%) of the prime contractor's bid cr, in case of bids or offers for the construction of streets or highways, Including Midges, 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 subcontxac'tor for this project. Zhe prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 14 of 15 INDEX DEBCRFPTION _ PAGE(S) ADOPTION OF STANDARD SPECIFICAMIONS 1 APPRENTICES(Prevailing Wad) 8 AUTHORITY TO DEVIATE FROM THE APPROVED PLANS 5 CONPETENCY OF BIDDERS 12 crosn CACTION CLAIMS 8-10 commAC.'r BONDS 12 QONTRACZUR'S PAYMENTS 7 CONTROL OF THE WORK 5,6 DEFINITIONS OF TERMS 1 DUST OOJTROI, 5 EXEXZTTiCN OF CONTRACT 13 HAZARDOW MATERIALS 1,2 HEADINGS AND CITATIONS 1 INDEMNITY 7 INSPECTION 5,6 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAN4= 8 INSURANCE - WAS OOMPFNSAT.ICN AND LRU14PLQYMENT 12 LABOR NONDISCRIMINATION 8 TBGAL RELATIONS AND TSIBI •DES TO THE PUBLIC(Labor Code 6d) 7-12 N ONU ME TTATION 6 NOISE CONTROL 2 PAYMENT 13 PREVAIIANG WAGES 8 PRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 12-14 PROPOSAL FCQM 13,14 PROPOSAL GUARANTY 14 PROSBC[ITICN AND PASS OF THE WORK 1-5 RFJOORD DRAWINGS 2 RETDC:IZ(M OF PROPOSALS 14 RE90IITL' ON OF OoTSTRUCTION CLAIMS 9-11 RESPONSIBILITY F1OR DAMAGES 11,12 RIGHT OF WAY 2 SAMPLES AND TENTS 6 r 14 SUSPENSION OF THE O011TRAC7, 3 TINS OF OON@ZETION AND LIQUIDATED DAMAGES 3-5 UUT.IL'IZ?ES 6 WATER FUR 6 WORKERS OM43E TSATICH AND =24PIDYMENT INSURANCE 12 General Provisions page 15 of 15 C. SPECIAL PPOVISIONS 1. L OCATIMS: This work is at various locations within the City of Cupertino, City of Santa Clara, State of California. 2. SCOPE OF Wit: The work shall consist of the furnishing of all labor, equipment and materials necessary for the removal and reoonstnxtion of certain concrete combs, gutters, and sidewalks, Clete, in place, in affiance with the special provisions and the City of Cupertino Standard Specifications and Details. 3. ESTMUED QLANI`ITIES: Item Description Unit 1. Remove & reconstruct sidewalk throughout the S.F. 4,514 City for all quantities of work at any location. 2. Remove & reconstruct curb & gutter L.F. 533 3. Rew3ve & reconstruct driveways throughout the S.F. 491 City for all quantities of work at any location. 4. Root pruning L.F. 750 5. place cutback in A.C. area at lip of gutter L.F. 306 4. EXPLANATION OF BID MEIS: The price bid per unit measure of work shall includ-- all costs of labor, ecgaipment and materials, necessary for the furnishing and constructing, couplete, and in place, in accordance with these special provisions and the Standard Specifications and Details of the City of Cupertino. Any item shown on the details or descxibed in these provisions and not specifically listed as a bid item shall be considered as included in the various bid items and no special cow ensation will be allowed. C. SPECIAL PRWISIONS - EXPLANATIM OF BID ITEMS CX7MINIUED: BID Tl`EK NO. 1 - pR4DVE & REOCtIsIT&,Cr SIDEWAIIK '1 EiC1UT THE CITY (S.F..: This item shall be bid per square font and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, excess earth, rock and debris. Special provisions Page 1 of 10 DID ITEM NO. 1 (continued) b. All required saw cutting of existing Concrete - the concrete shall be saw-cut in a straight line to a minima depth of one iar-h (1") completely across the sidewalk. The limits of all concrete to be removed shill be to an expansion joint -,r score line and saw cutting shall be required at any sere line less than one-half inch (1/211) deep. The portion of the concrete to be removed shall be taken cut in such a manner as to leave an even edge without dips or beaks on the remaining concrete. Cutting of the bury line with picks or pneumatic pavement beakers will not be permitted except where score lines are one-half inch (1/211) dip or more. If for any reason the cm=-ete does not break on the lime marked by the Engineer, the contractor shall saw-cut the next sooare lime and remove the broken portion and replace with new cow to meet City specifications at no cost to the City. c. Removal of the corxxete shall be completed by means of breaking the concrete and removing it. A backhoe may be used only while the backhoe remains in the street, it may not be located on the adjacent property. d. Reconstruction of new P.C.C. sidewalk, four inches (411) thick, and all required expansion joints. Expansion joints shall be required only where there are existing expansion joints or where directed by the Engineer. e. Concrete shall be formed by excavating 2" maximum from the edge of sidewalk and placing a bender board or 111 x 411 board staked in place. The bender board shall be removed after coupletion. f. See Details A, B & C. g. Any sidewalk removed shall be replaced/reconstructed within five (5) working days. h. Any stamped letters or words shall be replaced as removed. i. Contractor shall install approximately 500 S.F. of four inch (411) aggregate base material as directed by the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Arry and all costs incurred for the above work shall be included in the bid item and no special compensation will be allowed. BID ITEM NO. 2 - RDUVE & REOONSn4= CURB & GUMER (L.F) This item shall be bid per lineal foot arAl shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, A.C. excess earth, rock and debris. b. All required saw-cutti� of existing cm=VW - the ate shall be saw-cut in a straibt line to a minimum depth of erne and one-half inches (1 1/211) . The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. cutting at the boundary line with picks or pmeumatic pavement breakers will not be permitted. Special Provisions Page 2 of 10 C. SPECIAL PROVISIONS - DGIANAITON OF BID rTFM NO. 2 CORMNtJID: Any existing curb and Batter in satisfactory condition beyond the limits designated by the City for removal that is destroyed during the removal shall be replaced with new curb and gutter to meet City specifications at no cost to the City. New curb and gutter must be installed to match the tap of curb, lip of gutter and flow line of the existing conditions at each location. C. Reconstruction of new P.C.C. curb and gutter and all required expansion joints. The majority of the curb and guter removal shall be replaced with the City Standard A 2-6 curb: however, at some locations, as determined by the Engineer, the new curb and gutter shall be replaced to match the existing curb and shall be paid for at the price bid. d. If a form is required to pour the new curb and matter on the parking strip side, a bender board or 1" x 4" board may be used by excavating a maximum of 2" from the back of the curb. e. Any curb and gutter removed shall be replaced/reocinsUvated within five (5) working days. f. Any stamped letters or words shall be replaced as removed. g. Contractor shall install approximately 200 S.F. of four inch (411) aggregate base material as directed by the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Any and all casts incurred for the above work shall be included in the bid item and no special cmgDensation will be allowed. BID ITEM NO. 3 - PIM W & RBOONSl'RUCr DMEWAY TMWGHOUr THE CITY' (S.F This item shall be bid per square foot and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, excess earth, rock and debris. b. All required saw-cutting of existing concrete - the concrete shall be saw-cut in a straight line to a mi n;m= depth of one inch (1") completely across the driveway. The limits of all concrete to be remov-.ed shall be to an expansion joint or score line and saw-cutting shall be required at any score line less than one-half inch (1/219) deep. The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting of the boundary line with picks or pneumatic pavement breakers will not be permitted except where scare lines are one-half inch (1/211) deep or more. If for any reason the concrete does not break on the line marked by the Engineer, the contractor shall saw-cut at the next score line and reurYve the broken portion and replace with new concrete to meet City Specifications at no cost to the City. c. Removal of the concrete shall be coupleted by means of breaking the eeuxzete and removing it. A backhoe may be used only while the bac dioe remains in the street, it may riot be ?ocated on the adjacent property. Hand pruning of tree roots may be requ x-ed to achieve proper depth for base material placement. Special Provisions Page 3 of 10 C. SPECIAL PROVISIMS - EMANATION OF BID ITEM NO. 3 CONTTINUM d. Reconstruction of new P.C.C. driveway, five ism (511) thick, and all required expansion joints. Expansion joints shall be required only where there are existing joints or where directed by the Engineer. e. Concrete shall be farmed by excavating 210 maximum from the edge of the driveway and placing a bender board or 1" x 4" board staked in place. The bender board shall be removed after completion. f. Any driveway removed shall be replaoed/recanstructed within five (5) working days. g. When the driveway is 22' or wider the contractor shall remove and reconstruct the driveway 1/2 distance at a time to allow access at all times. If the driveway is less than 22' the contractor shall notify the resident 48 hens prier to work and shall be Meted at one time. The work shall be Meted with the least amount of disruption to residents. Temporary access shall be maintained at all times. h. See Detail C. i. Contractor shall install approximtely 200 S.F. of four inch (411) aggregate base material as directed kry the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Any and all costs incurred for the above work shall be included in the bid item and no special compensation will be allowed. BID ITEM NO. 4 - ROOT PRUNING (LF) : This item shall be bid per lineal foot and shall include all costs for: a. Root pruning shall be performed by mechanical ;Weans (Vermeet Stump Cutter or approved equal) , as approved by the City Engineer. The root pruning machine must have rubber pads on the track so as not to damage any property. The cut shall be a minimum of 12" from the tree and shall only be performed at locations approved by the City IrLspector. rihe root pruning shall be at the edge of the sidewalk or at the back of the curb and not at both at one location. The sidewalk side shall take precedent over the curbside if this case arises. b. The contractor is cautioned that utilities and/or private sprinkler systems exist within these planter areas and will be required to use extreme caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the contractor. C. The root prune shall be eighteen inches (1811) below the finished grade, and wide enough to facilitate the installation of a root barrier. All soil and debaris from the root pruning operation shall be removed and disposed of off site. This prui;uig may be Meted a maximum of 5 working days prior to the b MOVal of concrete. At the time of pruning the Contractor gust place barricades over the hazard. Special Provisions Page 4 of 10 BID I'I'EMI NO. 4 - RDOT PRUMING (Continued) d. The City sha]? install the root barrier after the Contractor has removed the foL� from the concrete. The Contractor must remove the forms the day following the pouring of the concrete. At this time the Contractor shall clean up the work site and make sure that the root prune trench is 1811 deep and can facilitate the root barrier installation. The City shall backfill the root barrier trench. e. The City Public Works Department will be inspecting the root pruning work. The contractor shall be required to coordinate with the Public works Grounds Department to i*L-ure the proper pruning and removal of tree roots and to install the root barriers. BID I'I'II'1! NO. 5 - PLACE A.C. CUTBACK AT LIP OF GMTER (L.F.) : This item shall be bid per lineal foot and shall include all costs for: a. Furnishing and ccapacting in place of asphalt concrete cutback as shown on the attached detail. Tb ramp ex. A.C. lip to new gutter location. b. See Detail D. 6. LOCATION: For the purpose of these specifications, the word "IDcation19: shall be considered to mean (1) continuous work area. All work in wry one (1) location shall be completed and the location cleaned up within five (5)consecutive working_ days from the date work commenced at that particular location, except for location(s) where special written permission for additional time is approved by the Engineer. This includes cleanup, repairs to improvements and complaints from property owners. The working days will start at a particular location when concrete has been removed. If the Contractor does not complete all work the City shall complete the work and bill the Contractor for the work. It is the intent that the Ffork shall be confined to reasonable distance between work locations within the City and not have it spread out from one extreme to the other. All work locations (areas) shall be mutually agreed upon prior to the commencement of the project. The Contractor shall provide the Inspector with a schedule of work locations on a weekly basis and notify him of any changes. On major street w-d school routes only one side of the street shall be reconstructed at a time. This is to provide pedestrian access along one side of the street. 7. TIME OF TION/LIQUIDATED DAMAGES: The Contractor shall diligently prosecute the work to completion before JULY 30, 1993. There will be no additional days allowed in the contract for rain days or holidays or normal delays. An extension of time for completion shall only be granted for acts of God, labor strikes or material delays that can be documented. Special Provisions Page 5 of 10 9 BID I'IEK NO. 7 (Continued) The Contractor shall pay to the City of Cupextim the sum of One Hurd and Fifty Dollars ($150.00) per day for each and e"resy calendar day's delay beyond the completion date. This amount of liquidated damages shall be deducted by the City from monies due from the oantractor hereunder, or the contractor's assigned, successors, and :sureties shall be liable to the City for any . If the Contractor pulls off the job all locations started shall be completed and cleaned or the City shall have the work canpleted and the Contractor shall be billed for this work. Five (5) consecutive working days are allowed per location to complete reconstruction and cleanup work. working days will start at a particular location when concrete has been removed. If thae Contractor does not complete all work at a particular location within the five (5) consecutive working days the City shall have the bark completed and bill the Contractor for the work. This includes concrete placement, cleanup and landscape repairs. The following is the order of work: a. saw cutting if required may be done prir to all other work if nct hazardous to pedestrians. b. Regal of concrete in parking strip and root pruning may be completed a maxin m of five (5) working days Friar to concrete removal. Barricades (Not lighted) must be placed over root prune. C. Removal of concrete which will start the five (5) consecutive working days allowed at a particular location. d. Pouring of concrete must: be completed by 2:00 P.M. e. stripping of concrete forts shall be done the clay following pouring concrete and on the same day all clean up shall be cmVleted. Also the root prone trench shall be cleaned out to 18" deep and wide enough to facilitate the root barrier installation. f. All work clean up shall be started at 3:30 P.M. on every work day. g. A.C. cutback shall be placed at the lip of gutter upon removal of the forms. 8. TRAFFIC CONTROL; Contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades and warning lights and mfficient flagmen to give adequate warning to vehicular traffic at all times. No lane closure shall be permitted or the minor City streets before 8:00 A.M. or after 4:30 P.M. Mondays through Fridays. Only under special conditions shall the City have the right to permit lane closure before 8:00 A.M. or after 4:30 P.M. . special Previsions Page 6 of 10 8. TRAFFIC CONTROL: (continued) All costs of the above shall be included in the price bid for the various bid items and no special compensation will be allowed. The contractor shall maintain a minimum of two (2) travel lanes for traffic on the major street for use in each direction at all times, and one (1) travel lane for traffic use in each direction on minor streets, with traffic control. 9. MAINTAINING TRAFFIC: Attention is directed to Section 7-1.08, "Public Conveniences' 7-1.09, "Public Safety," 12-3.04 "Portable Delineators", and 12-2-.02 "Flagging Cost" of the Standard Specifications. The contractor shall notify local authorities and the Engineer of his intent to begin work at least five (5) days before work is begun. The Contractor shall provide a schedule of work and any changes to the schedule as they occur, to the local authority and the City Inspector. The contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. When leaving a work area and entering a roadway carrying public traffic, the contractor's equipment, whether empty or loaded, shall, in all cases, yield to public traffic. Material or equipment shall not be stored within thirty feet (301) of the edge of traffic lanes. 10. NOTIFICATION OF RESIDENTS: The contractor shall notify the abutting residents along the street where the work is to be done. The Contractor shall be responsible for removal of vehicles which would interfere with the work and insure 48 hours notice is given to the property owner or tenant. If these notification procedures are not strictly followed, the contractor shall not be allowed to work on the street. POSTING: The contractor shall be responsible for providing and posting of notices of work t) be done and also responsible for any re-posting of notices to streets that need to be rescheduled due to unforeseen breakdown of equipment or other unforeseen delays. The date must be printed in a legible manner on the sign. (Post "No Parking" signs at approximately 100 ft. intervals) . TOWING PROCEDURE: Cupertino Municipal Code section 11.24.200 D authorizes the tow away of a vehicle parked on a public street where construction or street repair work is scheduled to occur. Special Provisions Page 7 of 10 TOWIM PROCEDURE: (continued) The contractor performing the scheduled work is rible for erecting the required signs giving notice that such vehicles may be towed away if left on the street during the day the work is scheduled to be performed. The signs shall be erected at least 48 hrs. prior to the scheduled start of work. The Contractor moist notify Cupertim Code Enforcement (408-252-4505) with locations of posting to verify forty-eight (48) hour notice. 11. FROTEMON 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 , on private property, unless he has obtained specific permission from the property owner. Contractor shall take reasonable precautions to cause the least damage passible to existing improvements and landscaping in the work area on both public and private property. Any repairs to damage mast. be completed within the five (5) working days allowed at the particular location. If the work is not completed the City shall have the work completed and the Contractor shall be billed for the work. 12. RE ATIONS WITH PROPERTY OWNERS: The contractor shall provide written notices to property owners or residents at least forty-eight (48) hours in advance of all work affecting their property over both walkways and driveways at all times. Contractor shall provide all necessary bridges or ramps and/or construct work in stages to allow access. All costs involved in providing access shall be included in the amount bid for the various bid items and no additional compensation will be allowed. Notice to residents must be approved by the City Engineer prior to use. 13. TOPSOIL BAQO:= AND LANDSCAPE REPLACEMMr: The contractor shall be required to backfill with clean topsoil to the finish grade and replace in kind all landscaping where necessary in areas adjacent to reconstructed mete. All costs for furnishing, caffpacti.ng the topsoil and landscape shall be included in one or more of the various bid items. Landscaping shall include but not be limited to lawn, ground cover, planting, irrigation, headers, etc. This work must be completed within the five (5) working days allowed at a particular location. If the work is not completed the City shall have the work completed and the Contractor shall be billed for the work. 14. QUANTMES: It is specifically pointed out that the quantities listed in the proposed specifications are estimates only and being given on a basis of caampari.son of bids, and the City of Ojpertino does not agree that the actual amount of work will comes--- , but reserves the right to increase or decrease the amount of any class or portion of the work, or to whit items or portion of the work that may be deemed necessary by the Engineer. Special Provisions Page 8 of 10 14. QUANTITIES: (continued) THE qzAPrrM LISTED POP EMY. ITEM MAY BE nXREASED Cat DBMMSE D UP TO 'IYnTE M-FIVE PERCERr (25%) OF THE CONIItACr gpANT7MM WrM NO CHN= IN UNTIT BID PRICE. 15. ITISPEC'TION COSTS: Inspection cost for any work done before 8:00 A.M. or after 4:30 P.M. on a regular workday or on Saturdays, Sundays or holidays, shall be paid for by the contractor at the rate of Thirty-Five Dollars ($35.00) per hour, a xapt wriere such work is specifically required by the specifications. 16. NOISE CONTROL: Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the GLpertino Municipal Code during daytime hours; provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity mats one (1) of the follow criteria: 1. No individual device produces a noise level more than 87 dBA at a distant of twenty-five feet (251) (7.5 meters) . 2. A noise level on any nearby property does not ameed 80 dBA. It is a violation of this chapter tO engage in any grading, street construction or underground utility work within seven hundred fifty feet (7501) of a residential area on Saturdays, Sundays, holidays, and during the nighttime period emoept as provided in Section 10.48.030. 3. Grading, construction, or demolition ocm=ing during nighttime period shall not be allot-jed unless they meet the nighttime standards of Section 10.48.040. 17. TESTING: The City will call for and pay for the services of the testing laboratcry for various tests. The contractor shall be responsible for and pay for tests and services as follows: The scheduling and coordination with the City for any required test. If a required test is scheduled by the contractor and, upon arrival at the site, it is determined that the work is not ready for testing, the contractor shall pay for all rimed trips. 2. All costs for retesting items and failed tests that did not meet the specified requirements. 18. ITEMS AND wow Nor SPEICIFICALLY INCLUDED IN A DF T%CTd: It is specifically pointed out that any and all items and/or work called for on the details and/or specifications, and not included in a description or a specific bid item, shall be included by the bidder in one (1) or more of the bid items and no special motion will be allowed. Special Provisions Page 9 of 10 IIMS AND WORK NOr SPWIF IO LLY INC[MM IN A DFSCFIPrIC21`T (Continued) : 'This incl'r3es, but is iwt limited to, such items as flagmen, water, and the providing of all safety requirements or work and materials required to provide public convenience and safety, barricades, lights, vehicular detooxrs, pedestrian walkways, etc. Pricy to beginning any extra work for the project the Contractor is required to have a signed authorization form from the City. A foreman roust be on the job at all times while work is being perfamed. 19. RENDVAL AND DISPOSAL OF MATERIAL: Removal and disposal of all broken concrete, asphalt, earth, rock and debris shall be off the job site. this material becomes the party of the Contractor and must be disposed outside of the City of Cupertino. At the campletion of the project the Contractor shall submit a report containing the following information: 1. Quantity of each material removed and disposed of at a recycling facility. 2. Name and address of the disposal site for each material. 20. WATER: The furnishing of water and applying water shall be considered as paid for in the items of work involved. 21. PAYMERr: Payment shall be made on only those addresses the City has approved and for approved amounts. No other compensation 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. 22. PDLIJI7 ON CAL: The contractor shall take all precautions necessary to keep toxic materials (fresh concrete, cement-related mortars, A.C.) from entering the storm drain. Sweep vp spilled dry and wet materials immediately. Never attempt to "wash them away" with water unto the storm drains. Use only minimal water for dust control. Special Provisions Page 10 of 10 VARIES SAW EMO E SSAW CUT EP 'ter"" 7 i t RL ,E�j/j CUT � r f PARKWAY-----, � c - r- ,—STD. CURB & CUTTER"f DETACHED SIDEWALK 6" +. Imo-- 4'-6" 4 _6 6„ STD. CURB & ! PARKWAY i 4" R.C.C_ GUTTER ( 1 L Q e a a d a 4" AGG. BASE 4" AGG. BASE SECTION A - A A-4] I ��-•— VARIES ,REMO� E AND' SAW CAT .. " i;CE/,'/ ..- CUT i % ✓- STD. CURB & GUTTER - 1 MONOLITHIC I DE- W A L K/ 6" 4'-6" -- - - 5'-0" STD. CURB & 4" P.C.C. GUTTER 4 a a a ° 4" AGG, BASE 4" AGG, BASE SECTION A- A X Q c ty �--STAKE 4—LE " 4" OR BENDER BOARD a a 4 d Q d SIDEWALK OR DRIVEWAY d 4 d d Q4 I•� VARIES PLAN STAKE 1" 4" OR BENDER BOARD d • 4 • d • •e • • • d •• • • •° ` • d� U cj�w ••J I • •SIDEWALK OR DRIVEWAY' �• • •I • • n � d•• • es 11 i d d W • d ° • a •• e m • s ° d a 4" ABM .SECTION A - A . BENDER BOARD INSTALLATION DETAiL C GUTTER ti / -CURB VARIES EX. A. C. r,/�go VARIES PLAN A.C. CUTBACK CURB & GUTTER DIM. VARIES s 4 e a o u EX. A. C. a ° +a-4" ABM SECTION A - A . PLACEMENT OF A . C . CUTBACK TABLE A" Residfntiol Single Double A $ino!e fondly 16' 22' f a � 9te11ipi0 I6" 24' 0 � Commercial One nor Two war 's I into 20' min 32' g mow 32' mow 4i' I Industrial min.24' sin 31 0 c I man 30 mow 40' in �d 4'min.�+— Sidewalk to be replaced who" now driveway is poured 71 --——+�— .Coerce•.•;, ',• :•: ::. -. Deep $sore I eresh $am out*Rioting coo0sts If not of saisting eaponsion joint or acid joint Frn%eR I or variableA. 1 I• 3. Espondmi J Score uses "j joint Deep score marks It 1/2 O.W. Is greater than 10' e ® o S®� a ,a Sege Table 'A' O PLAN VIEW W s Width W/2 4.0'or variable 6` commercial or Indvefrlol Deep •ao►e Deep Rome er Slope •1.5% to*11% � S"residentlel 1" I" cold joint or -1.5% to-4% °' ° ' ''►: .., o O 0 O 4"oom ooted egg. Dose material Commercial end iedestrlel driveways shoU have straight *lop* to NOTE: Concrete driveways not mandatory SECTION S-S In Industrial &ones when oldawelk* not oaast/gated. SWAPO®AR® DRIVEWAY DETAIL—Monolithic Sidewalk CITY OF CUPERTINO APPROVED 1Y : DATE : Z 1,o _ 1-20 STANDARD DETAILS C I T IN R SIDEWALK-NUMMERICAL LIST I.D. SIDEWALK C/G DRIVEWAY ROOT DATE # S BEET NUMBER WIDTH LENGTH SQ.Fr LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 1 MERRITf DR 19651 4.5 13.0 58.5 20.0 0.0 13.0 2 MERRITTDR 19721 4.5 11.5 51.8 0.0 120 3 COLBY AVE 10211 0.0 8.5 0.0 9.0 PLACE CUTBACK 4 BAYWOOD DR 19889 0.0 30.0 0.0 15.0 PLACE CUTBACK 5 BAYWOOD DR 19865 0.0 24.0 0.0 PLACE CUTBACK 6 BAYWOOD DR 19866 0.0 24.0 0.0 11.0 PLACE CUTBACK 7 BAYWOOD DR 19885 0.0 19.0 0.0 10.0 PLACE CUTBACK 8 PEARTREE LN 19950 0.0 12.0 0.0 12.0 PLACE CUTBACK 9 TWILIGHT CT 19928 0.0 4.5 14.0 63.0 10 BLANEY AVE 10532 0.0 39.0 0.0 10.0 PLACE CUTBACK 11 ORANGETREE LN 10574 4.5 13.0 58.5 0.0 14.0 12 RODRIGUES AVE 20370 5.0 19.0 95.0 0.0 8.0 13 TORRE AVE X-FROM CITY HALL 5.0 22.0 110.0 0.0 10.0 PACIFIC BELL BOX 14 GIII.ICK WAY 20387 4.5 17.0 76.5 0.0 5.0 15 FARALIANE DR 10792 0.0 22.0 0.0 11.0 16 LA RODA DR 10604 4.5 12S 563 0.0 17 FARALLONE DR 10325 0.0 19.5 0.0 6.0 WATER METER 18 SOMERSET DR 20219 43 16.5 74.3 0.0 11.0 19 E.ESTATES DR 10277 4.5 8 5 38.3 10.5 0.0 20 E.ESTATES DR 10360 0.0 21.0 0.0 9.0 21 GREENWOOD CT 19514 0.0 20.0 0.0 10.0 22 E.ESTATES DR 10366 4.5 7.5 33.8 4.5 17.5 78.8 23 PINEVLLL.E AVE 10500 4.5 16.5 74.3 0.0 7.0 WATER METER 24 HYDE AVE 898 0.0 20.5 0.0 14.0 PLACE CUTBACK 25 NORWICH AVE 10305 0.0 22.0 0.0 12.0 26 AMHERST DR 19681 0.0 35.0 0.0 6.0 PLACE CUTBACK 27 LA MAR DR 19675 4.5 9.0 40.5 0.0 28 PORTAL AVE X-FROM 10133 4.5 20.0 90.0 0.0 16A 29 COLD HARBOR AVE 10257 4.5 4.5 20.3 0.0 30 SCOFIELD DR 20851 4.5 16.0 72.0 0.0 9.0 PAGE 1 SIDEWALK-NUMERICAL LIST I.D. SIDEWALK GG DRIVEWAY ROOT DATE * STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 31 SCOFIELD DR 20805 4.5 18.5 83.3 0.0 12.0 32 WESTACRES DR 10471 4.5 14.0 63.0 0.0 33 WESTACRES DR 10290 4.5 14.0 63.0 0.0 10.0 34 TONITA WAY 10355 4.5 12.0 54.0 0.0 12.0 35 TONlTA WAY 10376 4.5 46.0 207.0 0.0 45.0 36 TONITA WAY 10366 0.0 36.0 0.0 14.0 PLACE CUTBACK 37 TONPCA WAY 10316 4.5 18.0 81.0 0.0 1&0 38 SHELLY DR 20668 4.5 8.5 383 0.0 110 39 NANCY Cl' 20654 4.5 23.0 1035 0.0 14.0 40 KIM ST 874 4.5 15.5 69.8 0.0 15.0 41 KIM ST 864 4.5 20.5 923 0.0 20.0 42 KENT WOOD AVE 1143 4 S 13.0 58.5 0.0 10.0 43 STEEPLCHASE LN 1113 4.5 1&0 81.0 0.0 1&0 44 HOLLAXDERRY PL 7563 0.0 6.5 13.0 84.5 45 CRESTUNE DR 1199 4.5 6.5 29.3 0.0 10.0 46 MHXY WAY 1123 4.5 17.5 78.8 0.0 14.6 47 ROBINDELL WAY 7848 0.0 14.5 0.0 10.0 48 RAINBOW DR 8045 4.5 10.5 47.3 0.0 13.0 49 NEWCASTIE DR 7648 4.5 9.5 42.8 0.0 9.0 50 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 51 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 52 ERIN WAY 7613 4.5 49.0 2205 7.0 6.5 12.0 78.0 35.0 53 MCCYEL.LAN RD 7540 4.5 17.5 78.8 0.0 &0 54 DE FOE DR 7547 4.5 8.5 383 0.0 &0 55 FALLENL EAF LN 7450 4.5 14.5 653 0.0 7.0 36 STANFORD PL 7453 4.5 17.0 76.5 0.0 11.0 WATER METER 57 KENTWOOD AVE 1103 4.5 9S 42.8 0.0 12.0 58 KENTWOOD AVE 1105 4.5 30.0 135.0 0.0 25.0 59 MARY AVE 10100 6.5 9.5 61.8 0.0 60 MARY AVE 10383 7.0 3.0 21.0 0.0 61 GRAPNEL PL 10665 0.0 19.5 1 0.0 14.0 1 PLACE CUTBACK PAGE 2 SIDEWALK-NUMERICAL LIST LD. SIDEWALK GG DRIVEWAY ROOT DATE STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 62 WILSON CT 21866 4.5 14.0 63.0 0.0 5.0 63 STOKES AVE 10431 4.5 24.0 108.0 0.0 19.0 64 LA IOUA CT 11220 4.5 4.0 18.0 0.0 4.0 65 TERRA BELLA DR 11302 4.5 35.0 1575 0.0 66 RUCKER DR 21920 4.5 30.0 135.0 0.0 9.0 67 SANTA TERESA DR 10481 43 7.0 31.5 0.0 7.0 68 MCCL.ELLAN RD 22241 45 5.0 22.5 0.0 69 WALNUT CIR.S 22482 4.5 15.0 67.5 0.0 15.0 70 RANCHO VENTURA ST 22385 4.5 85 38.3 0.0 71 OAKLEAF PL 22008 0.0 38.5 0.0 13.0 PLACE CUTBACK 72 FLORENCE DR 16490 0.0 13.0 0.0 73 PHARLAP DR 10*5 0.0 3.0 15.0 45.0 74 DEANZA BLVD S/W 10191 9.5 1&0 171.0 20.0 0.0 15.0 75 ICHERYLDR 20781 4.5 8.0 36.0 0.0 76 SIL VERADO AVE X-FROM KFC 4.5 15.0 67.5 0.0 15.0 77 LA MAX OR 19611 4S 14.5 653 15.0 4.5 14.5 65.3 78 E.ESTATES DR 10581 4.5 24.0 108.0 22.5 4.5 17.0 76.5 79 ROSEMARIE Pl. 19472 4.5 25.0 1125 0.0 12.0 80 KENT WOOD AVE 1127 4.5 11.5 51.8 0.0 81 SHATTUCK DR 21867 4.5 20 90.0 0.0 82 FARALLONE DR 10642 4.5 20 90.0 0.0 83 KIRWIN L.N 7569 4.5 14 63.0 84 COLBY AVE 10198 4.5 10 45.0 TOTS 4513.3 533.0 1 491.0 750.0 ROOT PRUNING WILL BE PERFORMED A MINIMUM OF 12"FROM THE TREE. PAGE 3 SIDEWALK-ALPHABETICAL LIST SIDEWALK GG DRIVEWAY ROOT DATE # STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 26 AMHERST DR 19681 0.0 35.0 0.0 6.0 PLACE CUTBACK 5 BAYWOOD DR 19865 0.0 24.0 0.0 PLACE CUTBACK 6 BAYWOOD DR 1%66 0.0 24.0 0.0 11.0 PLACE CUTBACK 7 BAYWOOD DR 19885 0.0 19.0 0.0 10.0 PLACE CUTBACK 4 BAYWOOD DR 19889 0.0 30.0 0.0 15.0 PLACE CUTBACK 10 BLANEY AVE 10532 0.0 39.0 0.0 10.0 PLACE CUTBACK 75 CHERYL DR 20781 4.5 8.0 36.0 0.0 84 COLBYAVE 10198 4.5 10 45.0 3 COLBY AVE 10211 0.0 8.5 0.0 9.0 PLACE CUTBACK 29 COLD HARBOR AVE 10257 45 4.5 203 0.0 45 CRESILINE DR 1199 4.5 6.5 29.3 0.0 10.0 54 DE FOE DR 7547 4.5 8S 38.3 0.0 8.0 74 DEAN?A BLVD S/W 10191 9.5 18.0 171.0 20.0 0.0 15.0 19 E.ESTATES DR 10277 4.5 8.5 38.3 10.5 0.0 20 E.ESTATES DR 10360 0.0 21.0 0.0 9.0 22 E.ESTATES DR 10566 4.5 7.5 33.8 4.5 17.5 78.8 78 E.ESTATES OR 10581 4.5 24.0 108.0 22.5 4.5 17.0 765 52 ERIN WAY 7613 4.5 49.0 220.5 7.0 65 12.0 78.0 35.0 55 FAL ENL.EAF LN 7450 4.5 14.5 65.3 0.0 7.0 17 FARALLANE DR 10325 0.01 19.5 0.0 6.0 WATER METER 82 FARALLONE DR 10642 45 20 90.0 0.0 15 FARALLONE DR 10792 0.0 22.0 0.0 11.0 72 FL ORENCE DR 10490 0.0 13.0 0.0 14 GQ.LICK WAY 20387 4.5 17.0 76.5 0.0 5.0 61 GRAPNEL PL 10665 0.01 19.5 0.0 14.0 PLACE CUTBACK 21 GREENWOOD CT 19514 0.01 20.0 1 0.0 10.0 44 HOLdANDERRY PL 7563 0.0 6.5 13.0 84.5 24 HYDE AVE 898 0.0 20.51 0.0 14.0 PLACE CUTBACK 57 KENTWOOD AVE 1103 4.5 9.5 42.8 0.0 12.0 58 KENTWOOD AVE 1105 4.5 30.0 135.0 1 0.0 25.0 PAGE 1 SIDEWALK-ALPHABETICAI.,LIST I.D. SIDEWALK CIG DRIVEWAY ROOT DA`1E * STREET NUMBER WIDTH I LENGTH SQ.FC LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 42 KFXMOOD AVE 1143 4.5 13.0 58.5 0.0 10.0 80 KENTWOOD AVE 1127 4.5 11.5 51.8 0.0 41 KIM ST 864 4.5 20.5 92-3 0.0 20.0 40 KIM ST 874 4.5 15.5 69.8 0.0 15.0 83 KIRWIN L N 7569 4.5 14 63.0 64 LA JOLLA Cr 11220 4.5 4.0 18.0 0.0 4.0 77 LA MAR DR 19611 4.5 14.5 65.3 15.0 4.5 14.5 65.3 27 LA MAR DR 19675 4.5 9.0 40.5 0.0 16 LA RODA DR 10604 4.5 12.5 56.3 0.0 59 MARY AVE 10100 6.5 9.5 61.8 0.0 60 MARY AVE 10383 7.0 3.0 2L0 0.0 50 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 51 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 53 MCCLEI LAN RD 7540 4.5 17.5 78.8 0.0 8.0 68 MCCLELIAN RD 22241 4.5 5.0 w 0.0 i MERRITT DR 19651 4.5 13.0 58.5 20.0 0.0 13.0 2 MERRITT DR 19721 4.5 11.5 51.8 0.0 12.0 46 MILKY WAY 1123 4.5 17.5 78.8 0.0 14.0 39 NANCY CT 20654 4.5 23.0 103.5 0.0 14.0 49 NEWCASLL,E DR 7648 4.5 9.5 418 0.0 9.0 25 NORWICH AVE 10305 0.0 22.0 0.0 12.0 71 OAKLFAF PL 22M 0.0 38.5 0.0 13.0 PLACE CUTBACK 11 ORANGETREE LN 10574 4.5 13.0 58.5 0.0 14.0 8 PEARTREE LN 19950 0.0 12.0 0.0 12.0 PLACE CUTBACK 73 PHARLAP DR low 0.0 3.0 15.0 45.0 23 PII4EVILL E AVE 10500 4.5 16.5 74.3 0.0 7.0 WATER METER 28 PORTAL AVE X-FROM 10133 4.5 20.0 90.0 0.0 16.0 48 RAINBOW DR 8045 4.5 10.5 47.3 0.0 13.0 70 RANCHO VENTURA ST 22W 4.5 8.5 38.3 0.0 4T ROBINDELL WAY 7848 0.0 14.5 0.0 10.0 12 1 RODRIGUES AVE 20370 5.0 19.0 95.0 1 0.0 8.0 PAGE 2 SIDEWALK-ALPHABETICAL LIST I.D. siDEWALK C/G DRIVEWAY ROOT DATE S STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLUIL' 79 ROSEMARIE PL 19472 43 25.0 112.5 OA 110 66 RUCKER DR 21920 4.5 30.0 135.0 0.0 9.0 67 SANTA TERESA DR 10481 4.5 7.0 31.5 0.0 7.0 31 SCOFIELD OR 20605 4.5 18.5 83.3 0.0 110 30 SCOFIELD DR 20851 4.5 16.0 72.0 0.0 9.0 81 SHATTUCK DR 21867 4.5 20 90.0 0.0 38 SHELLY DR 20668 4.5 8.5 38.3 0.0 110 76 SILVERADO AVE X-FROM KFC 4.5 15.0 67.5 0.0 15.0 18 SOMERSET DR 20219 4.5 16.5 74.3 0.0 11.0 56 STANFORD PL 7453 4.5 17.0 76.5 0.0 11.0 WATER METER 43 STEEPLCHASE LN 1113 4.5 1&0 81.0 0.0 18.0 63 STOKES AVE 10431 4.5 24.0 108.0 0.0 19.0 65 TERRA BEL1A DR 11302 4.5 35.0 157-5 0.0 37 TONITA WAY 10316 4.5 18.0 81.0 0.0 18.0 34 TONITA WAY 10355 4.5 110 54.0 0.0 110 36 TONTTA WAY 10366 0.0 36.0 0.0 14.0 PLACE CUTBACK 35 TONTTA WAY 10376 4.5 46.0 207.0 0.01 45.0 13 TORRE AVE X-FROM CITY HALL. 5.0 22.0 110.0 0.0 10.0 PACIFIC BELL.BOX 9 TWLLIGHTCT 19928 0.0 4.5 14.0 63.0 69 WAL.NtTT CUL S 22482 4.5 15.0 615 0.0 15.0 33 WESTACRES DR 10290 4.5 14.0 610 0.0 10.0 32 WESTACRES DR 10471 4.5 14.0 63.0 0.0 E62 WILSON CT 218" 4.5 14.0 63.0 0.0 5.0 TOTALS 4513.3 533.0 1 491.0 745.0 ROOT PRUNING WILL BE PERFORMED A MINIMUM OF 12"FROM THE TREE. PAGE E. COUI1tAC r FOR PLULIC WCWS This COUMCr made on 19 by the CITY OF CUPERrM, a municipa' corporation of the Stag o�Jf ca fo rnTa hereinafter called cm, and , hereinafter called CMWRAC'IM. IT IS HEREBY AGREE[) by CITY and aWMACrUR as follows: 1. THE CONPRACI' DOCUMEWIB. The complete contract gists of the following contract documents: a. Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Nonoollusion Affidavit, Bidder Qualification Form, Sub- Contractors 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 Insurance, Endorsement of Primary Insurance, additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, waiver of rogation Endorsement worker's compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public works. All of the above doamdents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Docurnents. 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. CON RACIOR 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 prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and colleted as required in said Plans and Specifications under the sole direction of CONI`RACIOR, 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 - �1' • •.=• :6 'f.•'i r. _ I•-• Idl..:-f •.� }. • .!'. "-� •mil '- • � 'mot•' - �•'.-' •.,_.. .J' II' _:• - :^l • - -J J �^ :• I, -. •:._ • • r • VS. • •l. •••1 v- :•- ;cl"__cal J.. •.• •l. •- •• r a .' • - - - •1 • •.• -• •� - -..ill' - • _ •1 11: a i •.�.+ • • •'• - r. .• - :�_• • �•c' r: '•: .- it . •s:•a �-. .e- - •.•r -=gin.=7 • c •. -_ • - w _ •1 - •- _a •t ii u. •r • •.- •- rr.�•,- - �►_•' • •7 •-1: a l7 M •I II - r •"w - �•` w - l 1. -.• c ••� 1 c • ••; ti r •: • •f - r:111•. _• Lt'•I� '• �=�11=1-. - �. • •�11'•. :•�� � ;. v7-1.=1 - _ =:LI cl •! DOtRYUker FOR PUBLIC WOWS (can inued) 9. '1 NATION, AMMMU OR MDIFICATION. nus Contract may be terminated, amended or modified, with the mutual consent of the parties. The camposation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Lhnit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. Tim FCR COMPLErION. All work under this fact shall be completed in acaardanae with the Time for Completion section in the proposal and the Specifications of this project. If OCNIRACXR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in motion, unavoidable casualties or any causes beyond OMMMC'IMIS control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSpEcncN AND TESrD G OF IMA,TERIAT S. C ONTRACICR shall ncti fy 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. IlJATIOtd Fm BREA H CR IN9aLUEtCY. If cMfn kCrM should be adjudged a ban1mipt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CON pACICR or any should violate any of the provisions of the Contract, CITY may serve written notice upon CO R CMR and OO NI'RACTOR'S surety of its intention to terminate the Carstract. Such notice shall contain the reasons for =T Y'S intentions to terminate the Contract, and unless within ten(10) days after serving of such notice, such violation shall cease and satisfactory arrwqements 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 terminatiahi, CITY shall immediately serve notice thereof upon C70NIRACrCR'S surety and 00MIRACICR, 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 conveayoe performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may cuss advisable, for the account and at the expense of CORMCIM, and OONTRACICR and CC NTRAC,ZORIS 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 completing the work, such materials, appliances, plant and other property belonging to CONTRACIC;R as may be on the site of the work and necessary therefor. 13. um CITY'S RICE iro wimmm cEpm IN Amums AND MAKE APPLICATIM TfEtIDF. In addition to amounts which CITY may retain under other provisions of the Specification until final completion and aoeeptanoe of all work covered by the Contract, CITY may withhold from payment to OO MAMM such an ammunt or amounts as in its judgement may be necessary to pay just clam against C70uIYtAeraR or sub-contractors for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 CCNTRACr FCR PUBLIC WOWS (continued) MY may apply such withheld amount or am=Tts to the payment of such claim in its discretion. In doing so, CITY shall be deemed the agent of OWn3AC M, and any payment so made by CITY shall be considered as a payment mks enter the contract by CITY to CXk11RAt MR, and MY shall rot be liable to CONTRACMR for any payment made in good faith. Such payment may be made witkWut prior judicial determination of the claim or claim. With respect to any retention of payment by CITY to ensure performance of the Contract, CONIRAMOR will be entitled to substitute securities as provided in Section 4590 of the California Government ande as more fully d ibad in CITY'S Notice to Ctntractors. 14. NCyI'IC E AND SERVICE 'IIERBDF. 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 effoxttive for any purpose whatsoever unless served in the following manners (a) if the notice is given to CITY either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUP MINO, 10300 TORE AVENUE;, CUMMM40, CA 95014, postage prepaid and certified; (b) if the mice is given to OMaRACT R, either by personal delivery thereof to OOMtAC M, or to CCNY'RACMIS 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, e postage prepaid and certified; and (c) if notice is given to C 'S� surety or any other person, either by personal delivery thereof to cWnpc R'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CCk MICR'S surety or person, as the case may be, at the address of owmAMOR I S surety or the address of the person last ewmanicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF MMACT. Neither the Contract, nor any part thereof, nor moneys due or to become clue thereunder, shall be assigned by CONTRACIOR without the prior written approval of CM. 16. CCHPLXANCE WrM SPEdCIFICATIC NS OF MMUM S. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of maaufactu rer, such Speci.ficat.icns must be met by CORMACPOR, unless CM agrees in writing to some other material, Process or article offered by OWnMCICR which is equal in all respects to the one specified. It shall be OWMACICRIS responsibility to prove equality of any such material, proves or article offered as a substitution to the ones) specified. 17. WMR'S COMPENSATION INSURANCE At.:` EMPMYE R'S LIABILITY INSURANCE. COMIRAC.'IOR shall take out and maintain during the life of this contract Worker's Ocmmaticn Insurance and Employer's Liability Insurance for all of (70 MACIM'S employees employed at the site of the project. In case any work is sublet, CWnM CMR shall require any and all similarly to Provide Worker's Oampensaticn and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the pratection afforded to the COETI' crag. Contract Page 4 of 6 owntACr FOR PUBLIC WOWS (continued) In signing this Contract CONTRACrCR 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 irk against liability for worker's cation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACC'IDENr PMERNON. 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 Faction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the faction and Safety Orders issued by the Industrial Accident lion of the State of California. 19. CCMRACrM'S RESPCHSISII.ITY FCR THE WOW. COHrRACICR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NOMMULESS, CWntACICR shall, if the: insurar•.oe 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 or conditions and effects: earthquakes and tidal waves, when such occurrerxms or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Gvvernarr 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 owed 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. CONTRACiiOR'S GMRANM. CWMCIM unqualifiedly guarantees the first- class quality of all, work and of all materials, apparatus and equipment used or installed by CONIII2ACIM or by any sub-contractcr 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 uhich event CONTRACRR unqualifiedly guarantees such lesser quality; and that the work as performed by CWMACPCR 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 coapletion of this Contract by CITY, 02nNACICR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 6 avrRAM FOR PUBLIC WOWS (co ttimied) P.O. IN WTI4ESS WMWF, the parties have exemited this Contract, in delicate, the day and year first hereinabove written. CM"i OF CUPERIM40 OONTRACrM: By: Notary acknowledgment is required. If a corporation, corporate seal and corporate notary ackrx wledgement are required. If not a corporation a Social Security No. or Federal Tax I.D.# is required. Soc. Security # Federal Tax I.D. # By: City Manager Attest: City Clerk Date: , 19 City Clerk APPROVED AS TO FORM! AND PROEX]RB: City Attorney Project Name & Number: Contractors Name and Address: Contract Amount: $ Account Number: File Number: Contract Page 6 of 6 CWrRACr FOR PUBLIC WORKS (continued) INSURANCE AST 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 accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this fact. B. Contractor and all suboontractors will carry workers' cxmpensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of vibrogaticn 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, eommmerc: al or wive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance gage 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 companies satisfact.xy to the City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and noon-cjwned vehicles. Said insurance coverage obtained by the Contract'.or, eacoeptiM workers' sensation 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 P u 3t 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 construction, contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and suutu certificates shall provide the name and policy nnunabex 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 force until the work under this Contract is fully completed. me requirement for carrying the foregoing insurance shall not derogate from the provisions for i ndemuf ication of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligatiots of Corntractor with respect to the foregoing, Cmitractar shall maintain in full force and effect during the life of this Cmitraet, the fallowing ins 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 Caupensation Liability. In accordance with the Wbrker's Ccapensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 OMI P?ACr PCR PUBLIC v (cmtinued) Public Liability - either Combined single limit of 1.0 million commercial dal liability per ; $2.0 million in the or coqzehensive general liability; ante. including provisiuns for contractual liability, personal injury, indepez L contractors and Prey damige coverages- Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Automobile Liability - cmavtmisive Oambined single limit of $500,000.00 covering owned, Hasa-owned and faired per ccanTame. automobiles. By: — (Oantractor's Name) Dated: 19 Insura= Agre®oent Page 2 of 2 affrRACT FCR PUBLIC WMG (continued) CEEt'ITFTCATE OF INSURANCE TO THE CITY OF CUPERTTl1O This certifies to the City of 04mrtino that the following described policies have been issued to the insured named below and are in fame at this time. Insured: Address: Description of cperations/locations/pmoducts Esured (show contract name and/or hung, if my): ' O3JJ7ENSATION *Statutory Min. *E1mp10Y is Liability (name of irmm-+er) S S S Best's Rating Insurance Ccupany's State License No. Check Policy Type: Each Occu renoe $ JSIVE GENERAL LIABILr!'Y [ ] Premises/Operations Ge m-al Aggregate $ (if applicable) [ ] Owners & Om-tractors Pmtective Aggregate $ [ ] Omtxactual for Specific Clantract Personal Injury $ [ ] Products Liability [ ] XQJ Hazards [ ] Broad Pam P.D. Fire Damage (any [ ] Severability of Interest one fire) $ Clause [ ] Personal Injury with Medical Expense &ployes Exclusion Removed (any one person) $ or Self-Insured CC RCI%L GENERAL LIABILITY ITV Retention $ (name of Lrmaw) Best's Rating Policy No. Expiration Date Certificate of Insurance Page 1 of 2 aWRACr FOR PUBLIC TICS (contimied) AUdCICTWE/VEHICLE LIABILITY BODILY IMAM PROPER, DAMAGE Ciao xcial Form Each Pia Each Accident Liability Coverage S S Each Accident (name of irsmer) $ or Omnbined Single Limit $ Best's Rating Policy No. Expiration Date BUILDER'S RISK 'GALL RISK" This is to certify that the follawing policy has been issued by the below-- stated ccapany in ooFnfarmance with the of Section 8-1 of the General Provisions and is in force at this time: (name of bunw r) POLICY EXPIRATION Ln4M OF DEDUCI�T NUMBER DATE LIABILITY A copy of all Endorsements to the policy(ies) which in any way (agents's snit) limit the abave-listed types of coverage are attached to this Certificate of Insurance. Itus Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document 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 terms, exclusions and conditions of such policies. IT IS MMEBY CERZ*71M that the above policy(ies) provide liability insurance as required by the Agent between the City and the insured. By: Dated: 19 Attach Certificate of Insurance and Additional Insured Endorsement on eonpany farms. Certificate of Insurance Page 2 of 2 CONULAiCT FOR PUBLIC WC FW (continued) ENDCRSEMERr OF PRIIOM INSURANCE In consideration of the policy premium and notwithstanding any incon- sisteryt statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional ummed(s) shall be called ups to cover a loss under said additional policy. POLICY INE KMCN 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date Of this Endorsement: �, 19 4. Insured: All notices herein provided to be given by the D Company to the City in connection with this policy and this Additional Insured Endorsement, 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 bind the below listed Insurance company and by my signature hereon do so bird this Cmany. Signature of Authorized Rotative: (Original signature required on all F]d--- furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Primary Endorsement Page 1 of 1 ADDITIONAL INSLTM ENDORSEMEWr In consideration of the policy premium and rx)twithstanriing any incon- sistent statement in the policy to which this I- is attached or any other atta d thereto, it is agreed as follows: The City of CUpiertino (06City") and its Directors, officers, engineer's, agents and employees, and all public agencies from vft= permits will be obtained and their Directors, officers, engineers, agents and evployees are hereby declared to be additional insureds render the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection 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 INFURMATIM 1. Insurance many: 2. Insurance Policy Number: 3. Effective Date of this 19 4. Insured: All notices herein provided to be given by the Inmwanoe Company to the City in connection with this policy and this Additional. Insured Fhdarseoenct, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all se eats furnished to the District) Names of Agent/Agency: Title: Address: Tel : Facsimile: Additional Insured Page 1 of 1 CONTRACT FCR FJBISC WOMS (cmytinued) GENERAL LIABILITY/ C344ERCIAL GENERAL i TAB7Txry OF ALGDGATE LIMITS OF INSURANCE PER PROMT In consideration of the policy premium and notwithstanding any .,.noon- sisterit statement, in the policy to which this E7a-- MY- - nt is attached ur any other Endorsement attached thereto, it is agreed as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the belm—refererced policy of ins. The general aggregate limit under LU4M OF INRMANCE applies separately to the project described as POLICY ICI 1. Insurance Ocapany: 2. Insurance Policy Number: 3. Effective Date of this Dadarsement: 19 4. Insured: 5. Additional Insured: City of C4erti.no, its Directors, Officers, agents and employees. All notices herein provided to be given by the Insurance Ccepany to the City in connection with this policy and this Additional Insured F,darsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (print/type ) warrant that I have authority to band the below listed Inuranae Ccupany and by my signature hereon do so bind this aaapany. Signature of Authorized R ntative: (original signature required on all Endorsesfumished to the District) Names of Agent/Agency: Title: Address: Telephmv-a: Facsimile: Aggregate Limits Endoorsem M Page 1 of 1 COMPACT FOR PUBLIC WMS (continued) Wkr4M OF SUBROGATIM ENDORSEIENr WOMERIS O MPETSATICN INSCkiANCE In consideration of the policy premium and notwithstanding any inoon- sistent statement in the policy to which this IIndorsement is attar or any other Erdorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Ins use Copany waives any right of subrogation it may acquire against the City of Cupertino, and each of its Directors, Officers, agents, consultants and eraployees 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 performance of the above-referenced Contract. POLICY INFUNM ATICK 1. Insurance Company: 2. Insurance Policy Number: _ 3. Effective Date of this Endorsement: , 19 — 4. Insured: All notices herein provided to be given by the Ynsuram3e Ccupany to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Cm parry and by my signature hereon do so bind this Caagany. Signature of Authorized Pigxesentative: (original signature required on all Erdcrsegments furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Station n4arsement page 1 of 1 aomniACT FUR PUBLIC WONG (continued) NOTICE OF POLICY CANCELTATIM DWORSEMERr In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be s F . I Is], voided, cancelled, reduced in coverage or in limits, or materially altered, owe t after thirty(30) days' prior written notice by certified mail, return reoeipt requested, has been given to the City of Cupertino ("City") . Such notice shall be wed to the City as indicated below. POLYCY IIJiTICN 1. Insurance Carqpany: 2. Insurance Policy Numaber: 3. Effective Date of this Erdor t: , 19 4. Insured: All notices herein provided to be given by the Insurance many to the City in oontiecticn with this policy and this Additional Insured E'ndarsement, shall be mailed to cr delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (print/type ) warrant that I have authority to band the below listed Ccupany and by my signature hereon do so bind this ocapany. Signature of Authorized Representative: (original signature required on all ts furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: C�neellation sement Page 1 of 1 FArBOUL-PERKNVANCE BCND RM AIL MEN BY THESE PRESENT: IMU WE, as Principal, (contractor's name) and as Surety, ( corgnny I s name)_ are held and firmly bound unto the City of Cupertino, state of California, in the sump of lawful money of the Mum states, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, sucoesscrs and assigns, jointly and severally, firmly by these proms. THE COMITI I of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract witz the City dated ,19 with the Obligee to do and performthe following work to-w�t: NOW, lMagUM, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHER DF, this i� has been duly exaoited by Principal and Surety this day of , 19 (To be signed by Principal and Surety. Notary add) wledgments required) COJrRA(:'lOR Principal surety By: Attorney-an-Fact The above bond is acoq*.ed and approved this day of ,19 Faithful Performanoe Page 1 of 1 aomj-<ACT FOR M3UC WORKS (continued) LABOR AND MATERIAL BOND 10M ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and 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 more particularly described in said contract; and rtrooarporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the S',rety on said bond shall pay the same to the extent hereinafter set forth; NOW, TARE, WE, as Principal, (contractor I s name) and , as Surety, (Bonding Coupany's name) firmly bind ourselves, our emecutors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialman, persons, companies, or corporations furnishing materials, provisions, provender or orther 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 incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or mackinery, 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 THE CONDITION OF THIS OBLIGATION IS SLXH 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 therec�i of any kind, or for amounts due under the L1rtemployment Insurance Act with respect to such work or latter, 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 bit upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, 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 then or their assigns in any suit brought upon this bond. Labor and Material Pie 1 of 2 cwnkACr FOR RELIC WMWS (c tolled) And the said Surety, for value received, hareby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the cmetract or to the work to be performed therazzler or the specifications acoonpanying the sane sal in any wise affect its obligations on this bond, and it does hey waive notice of any such change, extension of tune, alteration or addition to the tens of the contract or to the Work or to the specifications. IN WrnESS MEFODF, this in has beer duly ooeoated by the Principal and Surety this , day of . 19 (To be signed by Principal and Surety. Notary ackrxWled,-'-ts required) CCNTPACIICR Principal Surety By: Attarney-In-Fact The above board is aaxpted and approved this _ day of ,19 labor and Material Page 2 of 2 s E. SIGMATtIRE PAGE S�aDLTIQd OF LURES, LOITERS AMID SMOMM Reviewed By: IlKen P&ee Public Works Superintendent Reviewed By: VCarmen Lynx Bert Vi , Senior Engineering Tbchnician D' of Public Works Signature Page 1 of 1 a PROPOSAL RECONSMUCTION OF CURBS, GLTITRS AND SIDDa KS P1 W`ECT 93-103 Tlx: THE DIRDCIOR OF PUBLIC WORKS, CITY OF CUPERTIM, STATE OF CALIFORNIA, Dear Sir: In compliance with the Plans and Specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks in the City of Cupertino, Project 93-103, I, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, he*-®.by propceQ to d^ all work itzRdred. to complete the work in accordance with the Plans and Specifications for the prices set forth in the fallowing 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. ',-)elow are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to couplete the Reconstruction of Curbs, otters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undue-signed, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the stun of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. BID EST.QTY. rrm UNIT ITEM 1. 4,514 SF Remove & reconstruct concrete $4.04 /SF $18,236.56 sidewalk aonplete & in place FQLiP_ DQ . . R. & FOI?R CENTS. Dollars/SF 2. 533 IF Remove & Reconstruct mete $26.22 /I' $13,9'75.26 curb & gutter. TWENTY SIX DOLLARS & TWENTY TWO CENTS. - Dollars/IF Proposal Page 1 of 7 3. 491 SF Remove & reoanstruct five $ 9.52 /SF $4,674.32 inch (511) PCC driveway Clete & in place for NINE DOLLARS & FIFTY TW CENTS. Dollars/SF 4. 750 LF Provide for root cutting of $ 8.67 /LF $6,502.50 street trees acuplete & in place for EIGHT DM-r-ABS z STXW SRtdPA7 CEWS. Dollars/FA 5. 306 LF Place A. C. aftback at lip $ 11.80 /LF $3,61.0.80 of gutter ELEVEN DOLLARS & El Y CENTS. Dollars/LF IVI%L $ 46,999.44 Proposal Page 2 of 7 AEFn3RyIT TO BE EXEMW BY EUEDER Aim SLIWTBD UM HM I, the undersigned, being first duly swears, deposes &nd says that I am "A! Of f_ccrrt, rZ Lc'e �!rc:ftC�-C' (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has riot directly or indirectly colluded, conspired, connived, or agreed with any bidder or arrferes elze to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, soffit by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any Overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, cog3any, association, organization, bid depository, or to any mar or agent thereof to effectuate a collusive or sham bid. Proposal Rage 3 of 7 Etli WIN In further- =pliance 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 prowl. we have been in business under the present name for years. Our experience in work ooaparable with that required by the proposed contract is years operating under the following different names) . My California Contractor's License Nuanber is ,,'5 The classification of my Contractor's License is r"j is The expiration date for my Contractor's License is Z'6 3,Jju * (This Section for City use Only) * The above information has been verified by on * Contractors State License Board (800) 321-2752 or (408 277-1244. where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 RIMER HL91M OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or persc mel in our organization has ccmpleted within the past three (3) years. Whom Phone Year Location Class For Performed Number Amount A t1{ Jj�j2G r> �i di C hL�� rti Praposal Page 5 of 7 SUBMUMUMM'S FUN The subcontractor(s) , as defined In the General Provisions and in Section 7026 of the California Business and Professions Code, that T propose to hire to perform any of the work for this project in an aroUnt in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and ocnplete set of plans and specifications for this project by the bidder. 1. Name C}' 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 6 of 7 RHIMIS SMMMM FCM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO--PARTNERSHIP, STATE T11E OCHPANY NAME AND LIST THE NAIES OF ALL INDIVIDUAL CO-PARTNERS OW30SIM THE COMANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF ME OORP ATION AND THE NAMES OF n1E I RESIDENT, SECRETARY-TREASURER AND Nam. THE O F430FAM SEAL MUST BE AFFDCED TO THIS FUN. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS 71 t,h; NAME OF BUSINESS (��� E RATION: CD-PARTNERSHIP: INDIVIDUAL,: C/! t L Xi1'�" JOINT VENTURE: OTHER: Name and Signature of Bidder: (Print or type name) Date: Address (mailing & location) : Z, Telephone Number: <//) 7S Acknowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Att xWl. Manditcry Pre-Bid meeting Yes xr no Proposal Page 7 of 7 PROPOSAL RDCONSTRUCTION OF CURBS, GUTTERS AND SI EMW(S PRO= 93-103 T0: THE DIRFX-POR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, Dear Sir: In compliance with the Plans and Specifications furnished for the Reconstruction of Curbs, Cutters and Sidewalks in the City of Cupertino, Project 93-103, I, 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 Complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed uraiecessary 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 Reconstruction of Curbs, Gutters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of one Hundred Fifty Dollars ($150.00) per day, for each and every day services are not coupleted as scheduled and/or specified. BID EST.QIY. ITEM _UNIT ITEM 1. 4,514 SF Re�M e & reconstruct concrete $ /SF $ `� . J sidewalk complete ,Xn lace Dollars/SF 2. 533 LF Remove & Reconstruct concrete $ lJ /LF curb & gutter. IQ - 5y Dollars/LF Proposal Page 1 of 7 3. 491 SF eve & reconstruct five $ 5� 65 /SF $1,7 7q, t 5' inch (5") PCC driveway coWlete & in place for 5-, <,5 Dollars/SF 4. 750 LF Provide for root cutting of $ 7 sa /LF'' $ �% street trees Clete & in place for -7, 5-0 Dollars/EA 5. 306 LF Place A. C. cock at lip /LF $ U Of gutter In '�o Dollars/LF TOTAL sL47, � � 15 Proposal Page 2 of 7 93-010 RECONSTRUCTION OF CURBS, GUTTERS 3 of 4 & SIDEWALKS PROJ. 93-103 CQdAFFMAVIr TO BE EXECUM BY AND SUBMrFM WrM STD I, the und Igned, being first duly swain, deposes and says that I am of 7 (Business Title) (Bu3iness Name) j the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, any, association, organization, or corporation. The bid is genuine and not collusive or shale. Zbe bidder has not directly or indirectly induced or solicited any other bidder to part 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. The bidder has not in any manner, directly or indirectly, sought by agreement, ocimmmcation, or conference with anyom to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or oast 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, coupany, association, organization.. bid depositary, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 3 of 7 BMXM QEMLrnCMTUM PCYW In further crpliance with the specifications furnished, I, the undersigned, submit the following status as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for years. Our experience in work tearable with that required by the proposed contract is years operating under the following different name(s) . _ My California Contractor's License Number is 3 6 7 G /0 The classification of my Contractor's License is The expiration date for my Contractor's License is 11 -3 1 - 1 q q(-/ * (This Section for City use Only) * The above information has been verified by on * Contractors State License Hoard (800) 321-2752 or (408 277-1244. 'Riere federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 BIMER B19AM OF TCC The following is an exaple of work similar in character to that required in the proposed contract which our organization or Personnel in our organization has ocupleted within the past three (3) years. MOM Phone Year Location Cl--3 For Performed Number Amount C-• =Ot u!t�v.a C, STI St�l Q r�c/�✓G�� (�i8)�9�5 -P z 3 C� 7�(% �'�' IgO1 ,15 L,))r ii ( ?ia)9Y 124 3 51j, ppa qj�_ Nauti 2 5 C'� �` L. �2itrc-y�k� �l� � yi�- 24F3 r7,ewe Proposal Page 5 of 7 SUBCORMMMIS Pam The subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this �project by the bidder. 1. Name �,\JA 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 6 of 7 °S F IF YOU ARE AN INDIVMTAL, SO STATE. IF YOU ARE A OCIMPANY OR A CO-PAtMMtSHIP, STATE THE OMWANY NAM AND LIST THE NAMES OF ALL INDIVrA-X1AL OD-PAMWtS SING THE COMPANY. IF YOU AREA OMWORATION, STATE THE LEGAL NAME OF THE RATION AND THE NAMES OF THE PRESIDENT, SFJCRETARY-TREASG!UR AND tom. THE OORPORATE SEAL MUST BE AFFn= TO THIS FORK. EIV M THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE IM APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAME OF BUSINESS WORATION: CO-PAIZn4ERSHIP: INDIVIDUAL: JOINT VENTURE: OTHER: ( �) , Name and Signature of Bidder: � `% (-) ( 1 A A) (Front. name) Date: Af /1 1 J!t) (mailing & location) : V/ 'e q e .(N.:• �r,� /t 4�,; 51 E R!107 Telephone Number: 'T L (44,V) 7k- 5�2 4 A I C`1 14 Acknowledgment of all addenda reoeived is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Attended Manditnry Pre-Bid Meeting yes no Proposal Page 7 of 7 PROPCASAL, REMNS`M=ON OF CURBS, GUMINS AND SIDEWAIXS PRW= 93-103 TO: THE DLPBMR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, Dear Sir: In caupliance with the Plans and Specifications furnished for the Reconstruction of Curbs, (;Utters and Sidewalks in the City of Cupertino, Project 93-103, I, 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 complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to emit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furmshing all labor, methods of process, tools, machinery and material requir-A to conplete the Reconstruction of Curbs, Gutters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to =mpletion as scheduled. I further understand that I shall pay to the City of Cupertino the sun of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. BID EST.QTY. ITEM UNIT ITEM 1. 4,514 SF Remove & reconstruct concrete $@ V Z--' /SF $ t 8,212.5 n sidewalk cc plete & in place SOM POLUMS RN2 1tilFM" Fire C-fNu Dollars/SF 2. 533 LF Remove & Reronstruct concrete $ I9 9 /LF D .i O curb & gutter. Ntry[.4m" nos rrw,o '*IeAt4 cabs Dollars/LF Proposal Page 1 of 7 3. 491 SF Remme & reconstruct five $ G. s /SF $ 32lG. as inch (511) PW driveway caWlete & in place for s►x oars 949 DLul F►,Jr- �15 Dollars/SF 4. 750 LF Provide for root cartting of $ -4.5 /LF $ 56Z S• OD .feet trees aoWlete & in place fcr� CA km RN0 FIE!-t CF.n►is Dollars/EA 5. 306 LF Place A. C. axtback at lip $ e So /LF $ ZI;0 d.Oo of gutter Et6tff bllu j RN'a Nil cmis Dollars/LF TOTAL $ Proposal Page 2 of 7 N ZMON AFFMAVIT TO BE EKOCUrED BY ffiEER AND SaMMTW W= BMD I, the undersigned, being first duly sworn, deposes and says that I am President of George Bianchi Construction (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, cagmny, association, organization, or corporation. The bid is genuine and net collusive or sham. the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, oonm inication, or conference with anyone to fix the bid price of the bider 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 praposed 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 carts 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. Proposal Page 3 of 7 EMMER FURK In further acupliance with the specifications furnished, I, the ind-rsigned, 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 r_W a for 48 year's. Our e3qDexienoe in work ale with that required by the proposed contract is 35 years operating :oiler the following different name(s) . My California contractor's License Mmber is 168950 The classification of my Contractor's License is A.B.HAZ The OCpiration date for my CM tractorIS License is 2/28/95 * (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. Were federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 B=DMt HISTORY OF WORK The following is an exile of work similar in character to that required in the proposed contract which our organization or personnel in our organization has ocupleted within the past three (3) years. 9M Phone Year Location Class For Peerfcrmed Number Amount nLUtACQ ', S PNt G C t-;XA C04M" 1►iAnIS�(1ziFt2���rV HZgJEC45 A,'X- ;Az3 LLJ(=y td sTA--T'• Pry 5U*401R ' �9op-) 3 z 1 s42 a� Proposal Page 5 of 7 °S FCW The subcontractor(s) , as defined in the General Provisions and in Section 7026 of the California Business and Professions cue, that I probe to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name Address ' 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 6 of 7 BnEmes IF YOU ARE AN INDIVI XAL, SO STATE. IF YOU ARE A 00WANY OR A CO-PARn P, STATE THE CJCflMPANY NAME AND LIST THE NANW OF ALL INDIVIDUAL CD-PASS a11POSING THE OCHPANY. IF Y(XJ ARE A CMWaRAnCN, STATE THE L GAL NAME OF THE cmwaRATION AND THE NAILS OF THE PRESIDERr, SECREmRY-1?J96SUd2FR AND MANAGER. THE CCFd ORATE SEAL MUST BE AFF D= TO THIS Fri. Et M THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPKOPIRIATE BUSINESS TYPE. TYPE OF BUTSINESS NAME OF BUSINESS George Bianchi Construction, Inc. OD-PARTNERSFIIP: INDIVIDUAL: JOINT VEdIURE: n --_-- a1HER: President-G. John Bianchi, Jr./�4cretary-Gene Pfeiffer/Treasurer-Manager-G. ( ) ` John Bianchi,Jr. nsJt,193 Name and Signature of Bidder: G. John Bianchi, Jr. (Print or type numsm) Date: Address (mailing & location) : 775-A Mabury Road San Jose, Ca. 95133 Telephom Number: (408) 453-3037 Acknowledgment- of all addenda received is required by circling each addendhna number. 1 2 3 4 5 6 7 8 9 10 Attended Manditory Pre-Hid Meeting yes no Proposal Page 7 of 7 PROPOSAL RE00NSTRUCTION OF CURBS, MMMIS AND SIDBWYS PR3= 93-103 M: THE DIREVMR OF PUBLIC WORKS, CITY OF CUPERT'INO, STATd OF CALIFORNIA, Dear Sir: In coupliance with the Plans and Specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks in the City of Cupertino, Project 93-103, I, 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 couplete the work in accordance with the Plans and Specifications for the prices set forth in the following simile. I further understand that said prices include all casts including, but not limited to, local, stag 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 coaparison of bids. The City Of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to oeut item 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 ctoplete the Reconstruction of Curbs, Gutters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of One I uvdred Fifty Dollars ($150.00) per day, for each and every day services are teat ecnrleted as scheduled and/or specified. BID M.QTY. 1EK . 445 4 SF M reconstruct concrete $ /SF $ si lete & in place Dollars/SF ei 2. 533 LF & Reconstruct concrete $ Z Z- $� /LF b Collars/LF Proposal Page 1 of 7 o i 3. 491 SF & reoonsstruct five $ 9 /SF $ 4 inch (5") POC drivemy cs replete Dollars SF 4. 750 IF Provide for too cutting of $ �- �j /IMF $ 4,S-oo-®� street trees complete & in pkamCr f -- a-- J IN, Do lays/EA ko 5. 306 IF Place A. C. outback at lip /IMF $ Of Dollars/IF TOTAL, $ Proposal Page 2 of 7 B ti •1 ice:=• "mil ;-:Y' _:• • - .•. �.•,r! • •'. �- •1 .1,11, • • •. •. .� _.� ++;.j. • .;•1 c�IVr-] �•.Il'it5, I v: sl' rt- •�1. �a...�...�._ ... .. •1 '' JIP-- •mil c• - .• • - M' .• Y - - • r•=1 _ ".:•.. •_. • •: Y •: -- • s:•T-f•1, •` •. •1- ;J f: •.•.Illy.' EMMM IC Fri In further omplianoe with the specificatiom furnished, I, the undersigned, submit the following statements as to my wqxrience and qualification to perform this work as a part of this proposal. We have been in business under the present name for 7 years. our experience in work couparable with that required by the prqnsed contract is ,3D years operating under the follaAng different name(s) . %-_J47Z 9C�S�ctcri one my California Contractor's License Number isa— The classification of my Contractor's License is �- The expiration date for my Contractor's License is * ('This Section for City use only) * The above information has been verified by on * Contractors State License Board (800) 321-2752 or (408 277-1244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in ac -rdance with the laws of the State of California, homer, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 BD= HL9= OF 6MK The following is an ale of work simi l ar in character to that squired in the proposed contract which aLw organization or personnel in a= organization has completed within the past three (3) years. Wham Phone Year Location Class Fbr Performed Number Amm tt Proposal Page 5 of 7 C-0 M r c-0 _2:..O N 'I R A C T AGENCY /CONTACT DE3CRIPTION AMOUNT Co . of -,Santa Clari, Various ContracT-.-, -_3 6 0 0 0 0 o 'r r a n,p o r ta t i o ri BLI', -Stop P,!IVTME'rIt 1555 Berger on Jose , CA Hugh H.--,n r o c k 299-2591 City of Sunnyvale Murphy Station 885 , 000 . 00 456 West Olive Av,� LI n tl y V I-)I E+ , Cr; ( 408) 7 :-O__ 7 n29 Washington Hospital Parking tot 603 , 000 . 00 2000 Mowry Ave Box Culvert Construction Fremont, CA Vf,rn Gustafson 797 -1111 Liquid Air Corp . HeIlUni Transfil.1 265 , 000 . 00 2111 N ., California Depot Walnut Creek , Ca 6;,org2 Nuble c), 7-6521 r i d Transit 984 , 900 . 00 ,�Inta Clara County F a�� t � g a Transportation A g 2 n.cy Center-Drivers 1555 Berger Orl\-Ie BUi10i.TICJ /Passpnger* 'Ian Jose , CA Shelter:} Hugh Hancock 408//21 9 9-2 5')I C. i t y 0 f W Fi 1.fl U TI- Creek North Main Strcet 1666 North Main St Iinpr0 "?m e(I i-.s W n L) t C r e-_k , GA V i c 3 t e "L I City of Walnut. Creek California/Newell 192 , 100 . 0(1 .,ame as above ) South Main 'Street iry of w:jini.jt Crepk Cr,,1c.'k 8EIZILItifIcation 483 , 650 (10 ,amp ;s above ) to Lincolt! it ,,, or art 165 . 000 . 00 Gavid Wel1•s 7-3315 Liquid Air Carp Slab on grade/Concreto 145 , ?5000 1221 N . Calif St ;;round Raving Walnut Creek , CA Union: Clty plant George Nubel 977-6521 N,?whaven Unified Alvarado Middle School 564 , 218 . 00 Unified School Dist Courtyard Improvements Por ter-Jenson Arch 15700 The Alameda an .lose , CA Hiro My--chi ( 408 ) 298-6696 Fremont.-Newark Handicapped Accessibility 702 , 000 . 00 Community College Structural Concrete , Ramps , 43600 Mission Blvd Elevator , Elevated Walkway Fremont, Ca 94539 Stairs on Grade , Associated Architects Ron Martyn ( 415 ) 428-9448 City of Fremont Curb , Gutter , Sidpwalk 244 , 219 . 00 Civic Center Or . Repair Fremont, Ca 94538 Ray Newman ( 415 ) 790-6701 City of Livermore Curb . GU tter , Sidewalk 468 , 370 . 00 1052 So Livermore Repair- - 1.989 Livermore , Ca 94550 Sandy Isagnitis ( 415 ) 373-5259 City of :-,an Jose Downtown Street Lighting 311 , 417 . 00 801 No First: St and Sidewalk Reconstruction SLin Jose , CA 95110 ( 408) 277-4025 City of Dublin 1988 Annual Sidewalk 115 , 089 . 0rJ 100 Civic Plaza Curb & Gutter Reconstruction Dublin , CA 9456F; I.ee Thompson ( 41 5 ) 83 3-6u30 r; ity of Fremant: 19819 i. ;G , /W . D/W 2138 , 000 . 00 ( +.ame as above ) C i +-y Ot ii_v•: r mar � .c�E'1 ' ,`t /W . ?.iW 4A0 , 600 . 41 SJm;? _. ,ih(,,: _ } 1 j•.>. R�mOV,31 /`� 1c3111:� I1(� City r. f Sunnyvale Willow Avenue side--j'alk :�3 . 200 . 00 ,arne above ) Cont traction City of Framont 1990 C /G , S /LJ , 0 /W 374 , 000 . 041 ( '..arse a5 above ) city of Newark SidcwalR , C /GLJtt„-r Rcpoir 37101 Newark Blvd . and TOA Projects Project ?Newark . CA Jack Burgess ( 41: ) 7921-1400 °S IFS'! The (a) , as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propow to hire to perform any of the work for this project in an amomt in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and couplete set of plans and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name Work to be Performed 3. Name . Address At Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be armed 6. Name Address Work to be Performed primal Page 6 of 7 MEMOS SM=aUM Fmal IF YOU ARE AN INDIMUAL, SO STATE. IF YOU ARE A COMANY OR A aD-P , STATE THE 0MGM NAME AND LIST THE NU MS OF ALL INDIVIDUAL OD-PAS 0014?OSIIG THE MANY. IF YOU ARE A QORPORATION, STATE THE LEGAL NAME OF THE CDRPORATIOTJ AMID 7HE hAMES OF THE PRESIDENT, AND MANAGER. flies CM)CRATE SEAL MUST BE AFF CED 2O THIS FOR 1. ENTER THE NAME OF YOUR BUSINESS ON ZME LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF 1A rw UTM NAME OF BUSINESS JV QORPORATION: CD-PAMWEPMUP: INDiviD AL,: JOIN VENTURE: 07m: (Describe) Name and Signature of Bidder: (Print o ) St r.AY Date: Address (mailing & location) : Telephone Number: Acknowledgment went of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 S 9 10 /11 Attended Manditcry Pre-Bid Meeting yes ✓ 111A Proposal Page 7 of 7 PROPOSAL RE00NSTRUCTION OF CURBS, CRITTERS ARID SIDEWALKS PRD`TF)CT 93-103 TO: THE DIRDG' OR OF PUBLIC WORKS, CITY OF CUPER'rINO, STATE OF CALIFORNIA, Dear Sir: in compliance with the Plans and Specifications furnished for the Raconstruction of Curbs, cutters and Sidewalks in the City of Cupertino, Project 93-103, I, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby prime to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for prison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to cm.Lt 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 nidder 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, m .&dneiy and material required to complete the Reconstruction of Garbs, Critters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. i further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are nct completed as scheduled and/or specified. BID EST.QW. ITEM LZUT ITEM 1. 4,514 SF Remove & reconstruct concrete $ G,20 /SF $21 80 sidewalk complete & in place ya l X na-LLsp-s w Dollars/SF 2. 533 LF Remove & Reconstruct concrete $ C7 "0 /LF $ 0,(660,"" curb & gutter. Tw egrti 'Dollars/TF Proposal Page 1 of 7 3. 491 SF Five & reotstrtuCt five $_.&�/SF $-,-loai�as inch (50) FM driveway cimplete & in place fcr S A T)t?LtAi25 W Pi Ertl- rtUe Ce" - Doilars/SF 4. 750 LF Provide for root cuing of $ -� 76 /LF $� street trees ccuplete & in place for Flue•DOLL13PS 40 Dollars/EA� yTS 5. 306 LF Place A. C. Cutback at lip $ ?O JLF zo of gutter 3L00 10-0AIISIT.5 � 4c-:yCANT! CeurS Dollars/LF TOTAL $ �I�QO I• °S prgxosal Page 2 of 7 A1CY't00 �+i VIT TO HE EXOMM BY WM EMD I, the undersigned, being first duly sworn, domes and says that I am MICE RRIE51-T)EM ' Of P 9 F ) TRUCi"ICIO ANC (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest Of, or On behalf Of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced Or solicited any Other bidder to put in a false or sham bid, and has not directly or indirectly colluded, ommpired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain froaa bidding. 7be bidder has not in any manner, directly or indirectly, sought by agreement, casmmicaticn, er conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any Overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, stibutted 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. Proposal Page 3 of 7 BM33IR Iq= In further complianoe with the specifications furnished, I, the undersigned, submit the following statments as to my experience and qualifications to perform this work as a part of this papal. We have been in business under the present name for 2Q years. our experience in work ale with that requited by the pied contract is + years operating under the followiM different name(s) . My California Contractor's License Nmber is "? . M? The classification of my Oantract-.or's License is AB. C-f3 Zhe expiration date for my Contractor's License is 31-�,� * (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. %here federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 EMM BISIMU OF WORK The following is an exile of work similar in c1mracter to that wired in the posed contract which our organization or personnel in our organization has OmPleted within the past three (3) years. RM Phone Year location Class For Performed Number Amount y5�0'1 zs e �O 8PN_�. IC.AP R"PAPS ., •• z5 �O STREET WkT)C_ NkNG e �5 Mc f t=1 RA � �Tlt_UDJ� ' • �'Z ��ty."' Proposal Page 5 of 7 °S FM r1he subcontractor(s) , as defined in the Oral Provisions and in Section 7026 of the California Business and Professions , that I propose to hire to perfor any of the work for this project in an anceurt in excess of one-half of one percent (0.5t) of the total bid are listed below. Only these listed below shall perform work an this project and each of them has been provided with a full and o aplete 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 6 of 7 BEXIERIS SMMMM FCM IF YOU ARE AN INDIVIDUAL, SO SPATE. IF YOU ARE A MANY OR A aD-P M , SPATE THE OOMPANY NAM AMID LIST THE NANS OF ALL INDIVIDUAL OD-PARTNERS tMIPOSING ISE aANY. IF YOU ARE A 03RPORAZ CN, STATE THE Tww NAME OF THE omwaRATION AND THE NAMES OF THE PRESIDENT, SD RY AND M THE SATE SEAL MUST BE AFF°ICED TO THIS Fed. ERM THE NAME OF YOM BLS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF BUSINESS NAM OF BUSINESS CORPORATION: p I- CONSTR 1('TIC�tU T"iL1C'�k AOR�T i7 OO-PA[ WEPOHIP: INDIVIDUAL: JOINT VERIURE: aImm: �-- I��19E and Slgnattre of Bidder: (Print ;5 name) Data: MA(-) t 1 .`6k9-� Address (mailing & location) i(7 lC) ��t`" M l NL)L: G 4 0001 Telephone Number: rQ) 2 1 ` 0130 Acknowledgment of all addenda reoeived is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Attended Manditory Pre-Bid Fleeting yes /no Proposal Page 7 of 7 CITY OF CUPERTINO DEPA1Zn4k P OF PUBLIC WORKS CALL FOR BIDS RE00Ns RUCTION OF CURBS, GUZTERS AND SIDEr+dALYS PRQ= 93-103 BID OPENING TUESDAY MAY 11, 1993 2.00 P.M. Bert J. Viskovich Director of Public Works City of Cupertino - Public Works Dq=tment 10300 Torre Avenue Cupertino, CA 95014 File: 50,325 TABLE OF OONTEMS (CONTRACT DOCUMEWS A. BID DOCUMEZ,?TS 1. Notice to Contractors 2. Proposal B. GENERAL PROVISIONS: 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definition of Terns 4. Prosecution and Progress 5. Control of the Work 6. Legal Relations and Responsibilities to the Public 7. Proposal and Award of Contract C. SPECIAL PROVISIONS 1. Location of Work 2. Scope of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Limits of Work 6. Location 7. Time of Ca pletion/Liquidated Damages 8. Traffic Control 9. Maintaining Traffic 10. Notification of Residents 11. Protection of Property 12. Relations with Property Owners 13. Topsoil Backfill and Landscape Replacement 14. Quantities 15. Inspection Costs 16. Noise Control 17. Testing 18. Items Not Specifically Included in Description 19. Removal and Disposal of Material 20. Water 21 Payment 22. Pollution Control D. DETAIL SHEETS 1. Detail A - Detached Sidewalk 2. Detail B - Monolithic Sidewalk 3. Detail C - Bender Board Installation 4. Detail D - Placing Cutback 5. Standard Driveway Detail 1-20 6. Location and Quantity Worksheets E. OONTRACT FOR PUBLIC WORKS F. SIGNk7tM PAGE )ONCE TO C ORIB (3= City of C1pertino 10300 Torre Avenue 04 ertino, California 95014 The City of Cupertino, Santa Clara (bounty, California, invites sealed proposals for the construction of the work as delineated on the Plans and/or in the Specifications, entitled I EM STRUCTUN OF CURBS, GUIR B_ AND SMOMM& FROMI= 93-103.. Contract Duets, consisting of Notice to Contractors, Proposal, Time for Ccupleticn, Estimated Quantities, Noneollusion Affidavit, Bidder Qualification Form, Farm, Signature Farm, 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 Cupertino, 10300 Torre Avenue, Cupertino, Ch 95014, upon deposit therefore of $5.00 per set, none of which deposit will be refunded. Special attention of bidders is directed to Section 7, Proposal and Award of Contract, of the General Provisions for full directions as to bidding. Sealed proposals will be received at the office of the Public Works Department, City Hall, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014, until 2:00 P.M. on ICY 11, 1993, at which time they will be publicly opened and the curative totals read. All proposals or bids shall be aocagmnied by cash, a cashier's check or �hl� t of the City In the amourtt of ten percent (JW of the bid, or payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidden and two (2) sureties who shall justi •,r before any officer eoqpetent to administer an oath, in double said amount and over and above all statutory exeoptions. Said cash or check shall be forfeited or said bond shall become payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten (10) days after written notice that the Contractor has been awarded the contract. All bids shall be coupared using the estimated quantities prepared by the Engineer and the Unit Prices submitted. No incomplete nor interli.neated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a Contractor who is not licensed in acooacdance with the provisions of Division 3 of Chapter 9, "Contracts" of the Business and Professions code of the State of California. The contract shall not be awarded to any bidder who does not possess a Class C8 or General Engineering Contractorls License. Page 1 of 2 UCE TO am MMC2= All bids received will be reported to the Director of Public Works of 04extino within thirty (30) days of receipt, at which time the Director of Public Works will review and act ups the bids submitted. Award, if any, will be made to the responsible bidder whose proposal is mast advantageous to the City. The City of Cupertino reserves the right to award the contract to any qualified bidder based on the proposal that is most advantageous to the City. The City also reserves the riot to reject any or all bids or to waive any irregularities in the bidding procedures, provided the variance cannot have affected the amount of the bid or cannot have given a bidder an advantage or benefit not allowed other bidders. The Contractor shall furnish to the City a Faithful Performance Pond 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 , to pay no less than the general prevailing wage rates to all workers employed in the execution of the aontr'act as provided for in Section 7-1.01A of the Standard Specifications. Payments to the Contractor will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work proms will be payments an account and will not be considered as an acceptance of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as grow agent. Securities, eligible for this substitution are those listed in Section 16430 of the California gav+errmtient Code or bank or savings and loan oextificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutxually agreed to by the CmTtraractor and the City. Zhe Contractor shall be the beneficial awnpa of any securities substituted for moneys withheld and shall receive any interest thereon. CITY OF C[37A Bv: 1'4 ,�� Date: ty Clerk Published: April 21, 1993 Page 2 of 2 PROPOSAL RE MNSTR=CN OF CURBS, G=ERS AND SIDEtdAIZ..S PRQTFX'I' 93-103 TO: 'THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, Dear Sir: In conplianoe with the Plans and Specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks in the City of Cupertino, Project 93-103, I, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and a mnained the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City Of Cupertino does not state that the actual am3unt of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to mit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Reconstt-uction of Curb, otters and Sidewalks, Project 93-103 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. BID ESr.QTY. ITEM UNIT ITEM 1. _4,514 SF Pjmwve&& reconstruct concrete $ lv. /SF $ .J 61 s c sidewalk complete & in place Dollars/SF O G1 2. 53 3 LF R,eanov+e & Reeonstr uct concrete $- Ga. " /LF $ l U L��'-2 curb & gutter. Dollars/LF Proposal Page 1 of 7 3. 491 SF Pa move & reoanstruct five $ -` /SF inch (511) PCC driveway coamplete & in place for Dollars/SF 4. 750 LF Provide for root canting of $ `�, c /LF street trees complete & in place for Dollars/FA 5. 306 LF Place A. C. cutback at lip d /LF of gutter � Dollars/LF Proposal Page 2 of 7 I3UUMMTWITTOBS EXOMYND BY EUEKM ADD SLWMUTTHD tip BM I, the undersigned, being first duly sworn, deposes -and says the,. I am {lAGL r f r, of V r d- ✓ i j�' +w ruC_/��,���c-rzJ,'Cc-°� (Business Title) (Businedb Name) the party mWdM 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 shwa. The bidder has not directly or :indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain froaa bidding. The bidder has not in any manner, directly or .indirectly, sought by agreement, uzication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, Cr: contents thereof, cc 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 3 of 7 in further compliance with the specifications furnished, ?, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this peal. we have been in business under the present name for /O years. Our experience in work cwparable with that required by the proposed contract is /i� years operating under the following different name(s) . /�L.' V ( - ��')9>� Y tlC�1 Cz J 1u (0"1 SC r u,Cep `l My California Contractor's License Number is U -? 7� The classification of my Contractor's License is C_ The expiration date for my Contractor 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 (408 277-1244. *************************************************************************** Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Proposal Page 4 of 7 BMMM HL91M OF WCW The following is an example of work similar in character to that required in the primed contract which our organization or personnel in our organization has ocapleted within the past three (3) years. Q= Phone Year Location Class For Performed Number Amount (qo- G C I (Z""S Y t `,`l(, r. Proposal Page 5 of 7 LM SEMMMMMMIS FUM The subcontract=(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 exoess 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 theca has been provided with a full and oomplete set of plans aril 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 6 of 7 "S smmamm FO N IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A OCMANY OR A OD-PARMUMUP, STAVE 7HE OOMANY RAE AND LIST THE ►MMFS OF ALL IWIVIDt7AL OQ-PARES OOMposIM THE OOMANY. IF YOU ARE A OORPORMON, STATE THE USAL NAME OF THE ODRPORATION AND THE NAMES OF n1E PRESMMU, SBCREnM-1REM.SUFtER AND NdAN}lM. THE OC"ORATE SEAL MW BE AFFIXED TO THIS FORM. EUM THE NAME OF YOUR ETTSINNE:SS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF �- �� �21' BUSINESS Lt t1. 4=E t �_.fl�<`7!�.f(" (t Yl NAME OF BUSINESS �r ti ."i f c� r i _ CORPORATION: QC>-PA IVERSFIIP: IMIVIDUAL: JOINT VEI HIRE: anm: (Describe) Name and Signature of Bidder: Ro )31 (Print or type name) Date: Address (mailing & location) : ��c'.h /-ic X 14-o II 5 y., Telephone Number: S64,*) 0(� y"�? Acknowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Attended Manditory Pre--Bid Meeting yes no Proposal Page 7 of 7 B. GENERAL PROVISIONS 1. ADOPT CN OF STANDARD SPECIFICATIONS 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 Standard Specifications and shall apply together with the modifications contained herein. 2. HEADINGS AND CITATIONS The section and other headings and citations to the State Standard Specifications are inserted solely as a matter of convenience and are not a part of the City's Standard Specifications. 3. DEFINITIONS OF TEFM The definitions and testis outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "contractor" means any person or persons, firm, partnership, corporation, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions Code. The term contractor includes subcontractor and specialty oontractor. 1-1.13: "Department" means the City of Cupertino (hereinafter referred to as "City") . 1-1.15: "Director" means the Director of Public Works or City Engineer, city of Cupertino (hereinafter referred to as "Engineer") . 1-1.18: "Engineer" means the Director of Public Works or City Engineer, City of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer") . 1-1.25: "Laboratory" means the City's approved testing laboratory. 1-1.32: "Proposal Form" means the form(s) provided by the City and provided in the Special Provisions of the Project Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State" means the City of Cupertino. 4. PFaSDCZ CN AND PAS OF THE WORK a. Hazardous Materials If the presence of asbestos or hazardous substances is disclosed in the Bid or Contract Documents, the Contractor, or the Contractor's designated Eaboontractor, 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 7 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 Decumrents, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas rely 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 shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipment utilized has high quality noise nwffler 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 device. 2) Noise levels created do not exceed seventy(70) dBA on any nearby property. It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. cradirg, 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 maxim ► 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 Drawing" plans to the Department of Public Works. Five(5) sets of "Electrical Schematics" of the traffic signal cabinet and service equipment enclosure shall be provided by the Contractor on projects where traffic signals are constructed or modified in any way. These plans shall show all contract change order work and all variations in the construction from the plans provided to the Contractor by the City. e. Right of Way The right of way for the work to be constricted will be provided by the City. The Cmttractor 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 f. Suspension of the Contract If, at any time, the City determines that the contractor has failed to supply an adequate working forte 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 term of the contract, or has failed to omply 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 Engineex, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City of its duly authorized representative may take possession of all or any part of the Cantrac._or's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of ompleting said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the contractor's sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under terms of this contract shall be forfeited to the City. Such forfeiture will not release the Contractor or sureties from liability for failure to fulfill the contract. The Contractor and the Contractor's sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant suspension or annulment thereof, the decision of the City Council of the City of Cupertino shall be binding on all parties to the contract. g. Time of Completion 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 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 C pletion and Liquid-7 ed 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 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 arbd completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the number of days or not, as may be deemed in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the right to charge to the Contractor, the Contractor's heirs, assigns or sureties the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. The cost of final surveys and preparation of final estimate shall not be included in such charges. 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 naaed in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to Obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Further proof in the form of supplementary progress schedules, as required in Section 8-1.04 of the State Standard Specifications ("Progress Schedule") , that the inability to ottain such materials when originally planned did in fact cause a delay in the final completion of the entire work, which could not be ccapensated 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, art°C!Ps, parts or equipment which are standard items and are to be Safi , n the work. The term "shortage of materials," shall not apply to mate.., —, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time. General Provisions page 4 of 15 g. Time of Completion and Liquidated Damages (_continued) The Contractor shall notify the Engineer in wr'.ting 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 Ebgineer's findings shall be final and conclusive. Except ft.` additional corrpensation provided for in Section, 8-1.09 of the State Standard Specifications ("Rictit of Way Delays,,) , and except as provided in Public Contract Code section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and. inspection charges for any period of delay in completion of the work in excess of that expressly provided for in :.rs section. [see Section 8-1.07.j 5. Odt7TROL OF THE WORK a. Authority to Deviate from the Appro%red 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 protect must be authorized in writing by the Engineer. b. Dust Control The Contractor shall, at all times during construction and until final completion and acceptance, prevent the formation of an air-borne nuisance by oiling, watering with non-potable water, or by other satisfactory method, as required by the Engineer. The Contractor shall treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such dust control measure within two(2) hours after notification that the Engineer has determined that an air-borne dust nuisance exists. If the Contractor fails to abate the nuisance within two(2) hours, the City of Cupertino may order that dust control measures at the site be done by City personnel and equipment or by others, and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. c. Inspec'tion In addition to the provisions of Section 5-1.08 of the State Standard Specifications, the Contractor shall provide, to the Engineer, all information respecting the progress Of the project. The Contractor shall also furnish telephone service at all facilities servicing the project. All work done by the Contractor shall be accoanplished between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. General Provisions page 5 of 15 c. Inspection (continued) Inspection costs for any work done before 8:00 a.m. or after 5:00 p.m. on a regular work day or on Saturdays, Sundays, or Holidays, shall be paid for by the Contractor at a rate of thirty-five dollars($35.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds &"mll 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. Manumentation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line mots 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 Vests The source of supply of each of the materials to be used on the project shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The C7ontractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical system, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate tectuiiquee shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities, and underground facilities shall be repaired at the Contractor's expertise. General Provisions page 6 of 15 g. Water for Construction water used in any way for the construction of the project shall be imported by the Contractor and shall be non-potable water in tanks clearly marked as such unless specific authorization to deviate has been granted by the Engineer. If authorized by the Engineer, the Contractor may extract construction water from fire hydrants provided that the Contractor obtains a meter from and the water from the water utility that services the area in which the construction work is located. 6. LMAL RELATIONS AND RESPONSIBILITIES M '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 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 ari 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 connected 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 &- __ve negligence, or the willful misconduct of the City. This 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 certificates or submission of other proof of cmplianee with the insurance requirements does not relieve the Contractor from liability under this indpiTnification 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 . ithorize 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, experises, and attorney'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 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 bbZndemnity (oantinued� The Contractor shall also indeumfy the City against and hold it harmless from any and all lass, damage, costs, expenses, and attorney's fees suffered or incurred on account of any breach by the Contractor, or its employees, agents, or sobcontractcrs, of the aforesaid obligations and covenants, and any other provisions or <uvenant of this Contract. c. Insurance Before Contractor perform any work at, or prepares or delivers materials to, the site of construction, Contractor &hall furnish certificates 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 ccupany 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 CoqDensation Act of the State of California - $1,000,000 per occurrence. Public Liability - either Combined single limit of $1.0 million commercial general liability per occurrence; 2.0 million in the or comprehensive general liability; aggregate. including provisions for contractual liability, personal injury, indepen- dent contractors and property damage covverages. 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-awned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attention is directed to the provisions of Section 7-1.07A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall comply with the reocmmtiended minority and female employment practices of the Office of Federal C mtract CoWlianoe 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 informed of all existing and future State and Federal laws and City ordinances and regulations which in any manner affect *.hose 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 hundred seventy- five thousand dollars($375,000.00) or less which arise between a contractor and the City. This section shay_ not apply to any claims resulting from a contract between a contractor and the City when the City has elected to resolve any disputes pursuant to Article 7.1 (commencing with section 10240) of Chapter 1 of Part 2 of the Public Contract Code. This section applies only to contracts enterers 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. To that end, these contracts shall be subject to this section even if this section is repealed. The term "Public Work" has the same me«ning as in Section 3100 and 3106 of the Civil Code. The term "Claim" means a :separate demand by the contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. For any claim subject to this section, the following requirements apply: 1. The claim shall be made in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional docm*ntation 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 aft of the City and the claimant. (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whiche�,-er 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 or equal to three hundred seventy-five thousand dollars($375,000.00) ,the City shall respond in writing to all written claims within sixty(60) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City !nay have against the claimant. (b) If addit:ianal information is thereafter required, it shall be requested and provided rxwsuant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within thirty(30) days after receipt of the further docame Cation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested docuunentation, 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 conference, 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 does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (ecamv=ing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to 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 bath 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 conmtience d within thirty(30) days of the submittal, and shall be concluded within fifteen(15) days from the ca mencement 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_ Maims (continued) 2. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant tc 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 (coamencing 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, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (c) In addition to Chapter 2.5 (ccnme=ing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgement shall, in addition to payment of casts and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo. 3. The court may, upon request by any party, order arty witnesses to participate in the mediation or arbitration process. cg. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in any .manner for any lass 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 irked by any law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The City will give the Contractor thirty(30) days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without such prior notice to the Contractor. General Provisions Page 11 of 15 g. Responsibility for Damages (continued) 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount taming withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such. retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in I writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6c, above ("Insurance) . [See State Standard Specifications Section 7-1.12.] h. Workers Compensation and Unemployment Insurance Prior to entering into the contract respecting this project, the bidder to whom the contract is awarded shall furnish to the City satisfactory proof that the bidder has a policy of workers' compensation and unemployment insurance for its employees, that conforms to the provisions of Division 4, ccemmrencing with Section 3200, of the Labor Code or of the Unemployment Insurance Code, in effect for the entire period covered by the proposed contract. 7. PROPOSAL AND AWARD OF CDNIRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the field of work being bid may be cause fcr rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be executed in a sum equal to the contract price. The first bond shall guarantee the faithful performance of the contract by the Contractor. The second bond shall be furnished as required by the terms of Sections 3247 to 3252, inclusive, of the Civil code of the state of California. The Labor and materials bond will be released six(6) months after the Notice of Completion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Co pleticsi. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard specifications Section 3-1.02.] General Provisions page 12 of 15 c. Execution of Contract The successful bidder, as Contractor, shall execute the Contract set forth in the contract documents and provide the contract bonds and insurance 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 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 bi- weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available at the City's Accounting Department. The City will retain ten peroent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said contract price. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code, 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 troposal form, which, when filled out and executed may be submitted as the Contractor's bid. Bids not presented on forms so furnished will be disregarded. The proposal form is bound together with the Notice to Contractors, General Provisions, Special Provisions, Bidder Qualification Form, Sub- Contractors Form and Signature Form. The Contractor shall submit as a mmmininaun, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Coatractors Form and Signature Foram. Bids containing less than this or bids containing incomplete forms will be disregarded. General Provisions page 13 of 15 e. Proposal Forms (continued) All proposals shall state the dates for completion, if mired, the prices proposed, both in writing arid in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shun. If made by a corporation, the proposal shall show the names, titles and business address of the president, secretary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opP.ninq 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, Cap,, 95014-3255 or by calling (408) 252-4505. ffl C��aranty All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of Cupertino, in the amount of ten percent(10%) of the bid, or by a bond in said amount payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall became payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the contractor has been awarded the contract. 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, inowuplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. [See State Standard Specifications Section 2-1.06.] h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or inproverent, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or inuprov+ement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of arse-half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars($10,000.00) whickueder is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) sub=ntractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 14 of 15 INDEX DESCRIPTION PAGE(S) ADOPrICN OF STANDARD SPECIFICATIONS 1 APPRENTICFS(Prevailing Wages) 8 AUTHORITY TO DEVIATE FRCa+i INE APPROVED PLANS 5 COt1PETENCY OF BIDDERS 12 CoNsi icW TICN' CLXIMS 8-10 CONTRACT BONDS 12 CONT RAC'I'OR°S PAYMENTS 7 CONTROL OF THE WORK 5116 DEFINITICNS OF TEAS 1 DUST OIL 5 EO ECUT!ION OF CONTRACT 13 HAZARDOUS MATERIALS 1,2 HEADINGS AND CITATIONS 1 INDEMNITY 7 INSPECTICQ 5,6 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 8 INSURANCE - WORKERS COMPENSATICN AND UNEMPLOYMENT 12 LABOR NONDISCRIMINATION 8 LEGAL RELATIONS AND RESPONSIBI LEES TO THE PUBLIC(Labor Code 6d) 7-12 MONUMENTATICN 6 NOISE CONTROL 2 PAYMENT 13 PREVAILING WlAGFS 8 PROGRESS OF THE WORK 2 PROPOSAL AND AWARD OF CONTRACT 12-14 PROPOSAL FURMS 13,14 PROPOSAL GUARAiM 14 PROSECUTION AND PAS OF THE WORK 1-5 RECORD DRAWINGS 2 RE7DCZrION OF PROPOSALS 14 RESOILMCN OF CONSTRUCTION CLAIMS 9-11 RESPONSIBILITY FUR DAMAGES 11,12 RIGHT OF WAY 2 SAMPLES AND TESM 6 SUBCONTRACTIORS 14 SUSPENSION OF THE CONTRACT 3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3-5 UTILITIES 6 WATER FOR CONSnw=, CN 6 WORKERS 0014 TSATICN AND UNEPLLO12MM INSURANCE 12 General Provisions page 15 of 15 93-010 RECONSTRUCTION OF CURBS GUTTERS 4 of 4 & SIDEWALKS PROJ. 93-163 C. SPECIAL PROVISIONS 1. LOCATIONS This work is at various locations within the City of Cupertino, County of Santa Clara, State of California. 2. SCOPE OF WORK: The work shall consist of the furnishing of all labor, equipment and materials necessary for the rem.wal and reconstruction of certain concrete curbs, gutters, and sidewalks, cxmplete, in place, in accordance with the special provisions and the City of Cupertino Standard Specifications and Details. 3. FSI'Il ATE D QLWTI'ITIES: Item Description Unit Est.gty. 1. Remove & reconstruct sidewalk throughout the S.F. 4,514 City for all quantities of work at any location. 2. Remove & reconstruct curb & gutter L.F. 533 3. Remove & reconstruct driveways throughout the S.F. 491 City for all quantities of work at any location. 4. Root pruning L.F. 750 5. Place cutback in A.C. area at lip of gutter L.F. 306 4. EXPLANATION OF BID ITEMS: The price bid per unit measure of work shall include all costs of labor, equipment and materials, necessary for the furnishing and constructing, couplete, and in place, in accordance with these special provisions and the Standard Specifications and Details of the City of Cupertino. Any item shown on the details or described in these provisions and not specifically listed as a bid item shall be considered as included in the various bid items and no special motion will be allowed. C. SPECIAL PROVISIONS - EXPLANATICN OF BID ITEMS OJNTINUED: BID ITEM NO. 1 - REMOVE & RBOONSnUiCr SIDEWAIX THMUQ-I M THE CITY (S.F.) : This item shall be bid per square foot and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, excess earth, rock and debris. Special Provisions Page 1 of 10 BID I'Y'FM NO. 1 (continued) b. All required saw cutting of existing concrete - the concrete shall be saw-cut in a straight line to a minimum depth of one inch (1t1) completely across the sidewalk. The limits of all concrete to be removed shall be to an expansion joint or score line and saw-cutting shall be required at any scare line less than ore-half inch (1/211) deep. The portion of the concrete to be roved shall be taken out in u such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting of the boundary line with picks or pneumatic pavement breakers will not be permitted except where score lines are one-half inch (1/219) deep or more. If for any reason the concrete does not break on the line marked by the Engineer, the contractor shall saw-cut the next score lire and eve the broken portion and replace with new concrete to meet City specifications at no cost to the City. c. Removal of the concrete shall be completed by means of breaking the concrete and removing it. A backhoe may be used only while the backhoe remains in the street, it may not be located on the adjao--nt property. d. Reconstruction of new P.C.C. sidewalk., four inches (411) thick, and all required expansion joints. Expansion joints shall be required only where there are existing expansion joints or where directed by the Engineex. e. Concrete shall be farmed by excavating 211 maximum from the edge of sidewalk and placing a bender board or 111 x 4t1 board staked in place. The bender board shall be removed after completion. f. See Details A, B & C. g. Any sidewalk removed shall be replaced/reconstructed within five (5) working days. h. Any stamped letters or words shall be replaced as removed. i. Contractor shall install approximately 500 S. . of four inch (411) aggregate base material as directed by the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Any and all costs incurred for the above work shall be included in the bid item and no special compensation will be allowed. BID ITEM NO. 2 - REWVE & RBOONSIMM CURB & GJMR (L.F) This item shall be bid per lineal foot and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, A.C. excess earth, rock and debris. b. All required saw-cutting of existing concrete - the concrete shall be saw--cut in a straight line to a miniminm depth of one and one-half inches (1 1/201) . The portion of the date to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining ate. Cutting at the baamdary line with picks or pneumatic pavement bars will not be permitted. Special Provisions Page 2 of 10 C. SPECIAL PROVISIONS - EMANATION OF BID ITEM NO. 2 CONTIMM: Any existing curb and gutter in satisfactory condition beyond the limits designated by the City for removal that is destroyed during the removal shall be replaced with new curb and gutter to meet City specifications at no cost to the City. New cab and gutter must be installed to match the top of curb, lip of gutter and flow line of the existing conditions at each location. C. Reconstruction of new P.C.C. curb and gutter and all required expansion joints. The majority of the curb and guter removal shall be replaced with the City Standard A 2-6 curb: however, at some locations, as determined by the Engineer, the new curb and gutter shall be replaced to match the existing curb and shall be paid for at the price bid. d. If a form is required to pour the new curb and gutter on the parking strip side, a bender board or 111 x 411 board may be used by excavating a maximum of 211 from the back of the curb. e. Any curb and gutter removed shall be replaced/reconstructed within five (5) working days. f. Any stamped letters or words shall be replaced as removed. g. Gwitractor shall install approximately 2,QQ. , of four inch (411) aggregate base material as directed by the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Any and all costs incurred for the above work shall be included in the bid item and no special compensation will be allowed. BID I'rEly! NO. 3 - REMOVE & REC ONSnUiCT DRIVEWAY THRDUGHOUr THE CITY S.F. : Tt s item shall be bid per square foot and shall include all costs for: a. Removal and disposal, off job site, of all broken concrete, excess earth, rock and de is. b. All required saw-cutting of existing concrete - the concrete shall be saw-cut in a straight line to a minimum depth of one inch (111) completely across the driveway. The limits of all concrete to be removed shall be to an expansion joint or score line and saw-cutting shall be required at any score line less than one-half inch (1/211) deep. The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining ooncrete. Cutting of the boundary line with picks or pneumatic pavement breakers will not be permitted except where score lines are one-half inch (1/211) deep or more. If for any reason the concrete does not break on the line marked by the Engineer, the contractor shall saw-cart at the next scare line and remove the broken portion and replace with new concrete to meet City Specifications at no cost to the City. C. Renzml of the concrete shall be completed by means of breaking the concrete and removing it. A backhoe may be used only while the backhoe remains in the street, it may not be located on the adjacent property. Hand pruning of tree roots may be required to achieve proper depth for base material plar_anent. Special Provisions Page 3 of 10 C. SPB= PROVISIONS - EMANATION OF BID ITEM NO. 3 CONPlA1iJFI? d. Reconstruction of new P.C.C. driveway, five inches .je51111 th1�c, and all required expansion. joints. Empansion joints shall be required only where there are existing joints or where directed by the Engineer. C. Concrete shall be formed by excavating 2B1 maximum frc$n the edge of the driveway and placing a lender board or I" x 411 board staked in place. The bender board shall be removed after completion. f. Any driveway removed shall be replaced/reconstructed within five (5) working days. g. WhP*± the d ve�.rav ?2,�o� wider the contractor shall remove and reconstruct the driveway 112 d'shares at a ti to allow access at all times. If the driveway-is T- an 22' the contractor shall notify the resident 48 hours prior to work and shall be completed at one time. The work shall be completed with the least amount of disruption to residents. Temporary access shall be maintained at all times. h. See Detail C. i. Contractor shall install approximately 200 S.F. of four inch (411) aggregate-, base material as directed by the City Inspector. All base material shall be picked up at 10555 Mary Avenue. Any and all costs incurred for the above work shall be included in the bid item and no special compensation will be allowed. BID ITEM NO. 4 - ROOM' PRUNING (IF): This item shall be bid per lineal foot and shall include all costs for: a. Root pruning shall be performed by mechanical means (Vermeet Stump Cutter or approved equal) , as approved by the City Engineer. The root pruning machine must have rubber pads on the track so as not to damage any property. The cut shall be a minimum of 1201 from the tree and shall only be performed at locations approved by the City Inspector. The root pruning shall be at the edge of the sidewalk or at the back of the curb and not at both at one location. The sidewalk side shall take precedent over the curbside if this case arises. b. The contractor is cautioned that utilities and/or private sprinkler system exist within these planter areas and will be required to use extreme caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the contractor. C. The root e' 00 be wide enough to facilitate the installation of a root er. All soil and debris from the root pruning operation shall be removed and disposed of off site. This pruning Abe leted a At the time of pruning the Contractor must place bam— aver the hazard. Special Provisions Page 4 of 10 BID i'l NO. 4 - R£X1T PRUNING (Continued) d. The City shall install the root barrier after the Contractor has remc.+ved the forms from the concrete. The Contractor must remmove the forms the da 112 * of the concrete. At this �rme a ctor shall clean the work site e that the .trench ' eI i - .car ;meta 11 ation. The City shall backf i l l the root barrier trench. e. The City Public works DepartmVt will be inspecting the root pruning work. The contractor shall be required to coordinate with the Public works Grounds Department to unsure the proper pruning and removal of tree roots and to install the root barriers. BID ITEM NO. 5 - PLACE A.C. CUTBACK AT LIP OF GUITER (L.F.) : This item shall be bid per lineal foot and shall include all costs for: a. Furnishing and ccapacting in place of asphalt concrete cutback as shown on the attached detail. To ramp ex. A.C. lip to new gutter location. b. See Detail D. 5. LOCATION: For the purpose of these specifications, the word "Location": shall be considered to mean (1) contirnous work area. All work in any one (1) location shall be completed and the location cleaned up wi h fin SS ns��t-i ve work f Ug days from the date work ecamrenced at that particular location, except for location(s) where special written permission for additional time is approved by the Engineer. This includes cleanup, repairs to improvements and complaints fron property owners. The working days will start at a particular location when concrete has been removed. If the Contractor does not complete all work the City shall complete the work and bill the Contractor for tl.a work. It is the intent that the work shall be confined to reasonable distance between work locations within the City andd not have it spread out from one extreme to the other. All work locations (areas) shall be mutually agreed upon prior to the coanencement of the project. The Contractor shall provide the Inspector with a schedule of work locations on a weekly basis and notify him of any changes. On major street and school routes only one side of the street shall be reconstructed at a time. This is to provide pedestrian access along one side of the street. 7. TIME OF tial�ONLLIQUIDATED DAMAGES: The contractor shall diligently prosecute the work to cc '' n beeff�o e moM.- There will be allowed in the contract for rain days or holidays or normal delays. An extension of time for completion shall only be granted for acts of God, labor strikes or material delays that can be documented. Special Provisions Page 5 of 10 BID ITEM NO. 7 (Continued) : 'The Contractor shall pay to the City of Cupertino the sum of One Hundred and Fifty Dollars ($150.00) per day for each and every calendar day's delay beyond the completion date. This amount of liquidated damages shall be d--ductad by the City from monies due fron the contractor hereunder, or the contractor's assigned, successors, and sureties shall be liable to the City for any excess. If the Contractor pulls off the Job all locations started shall be canq�leted and cleaned or the City shall have the work ompleted and the Contractor shall be billed for this work. Five (5) consecutive working days are allowed per location to Clete reconstruction and cleanup work. Working days will start at a particular locatic-z u.tnFn cx=ete has been removed. If the Contractor does not complete all work at a particular location within the five (5) consecutive working days the City shall have the work completed and bill the Contractor for the work. This includes oorcrete placement, cleanup and landscape repairs. the following is the order of work: a. Saw cutting if required may be �dor h"�a� t0 �edest®rians. b. Removal of aonc Bete in parking strip and root pruning may be completed a maximum of five (5) working days prior to concrete removal. Barricades ) must be placed over root prune. C. Removal of concrete which will start the five (5) consecutive working days allowed at a particular location. d. Pouring of concrete must be caRl2tV by..2 P.M. a e. Stripping of concrete forms shall be done the day following pouring concrete and on the same day all clean up shall be completed. Also the root prune trench shall be cleaned out to 18" deep and wide enough to facilitate the root barrier installation. f. All work clean up shall be started at 3140 F,,, � ,day. g. A.C. cutback shall be placed at the lip of enztter upon removal of the forms. 8. TRAFFIC L; Contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades and warning lights and sufficient flagmen to give adequate warning to vehicular traffic at all times. No lane closure shall be permitted on the minor City streets before 8:00 A.M. or after 4:30 P.M. Mondays through Fridays. Only under special conditions shall the City have the right to permit lane closure before 8:00 A.M. or after 4:30 P.M. . Special Provisions Page 6 of 10 8. TRAFFIC CONTROL: (continued) All costs of the above shall be included in the price bid for the various bid items and no special ccepensation will be allowed. The contractor shall maintain a mini;mm of two (2) travel lanes for traffic on the major street for use in each direction at all times, and one (1) travel lane for traffic use in each direction on minor streets, with traffic control. 9. MAINTAIIIING TRAFFIC: Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 12-3.04 "Portable Delineators", and 12-2-.02 "Flagging Cost" of the Standard Specifications. The contractor shall notify local authorities and the Engineer of his intent to begin work at least five (5) days before work is begun. The Contractor shall provide a schedule of work and any changes to the schedule as they occur, to the local authority and the City Z.�nspector. The contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his am arrangements relative to keeping the working area clear of parked vehicles. When leaving a work area and entering a roadway carrying public traffic, the contractor's equipment, whether empty or loaded, shall, in all cases, yield to public traffic. Material or equipment shall not be stored within thirty feet (301) of the edge of traffic. lanes. 10. NOTIFICATION OF RESIDEWS: The contr-actQr shall notify thA atraot where the work 31 be one. The Contractor shall be responsible for removal of vehicles which would interfere with the work and insure hs; notice ;G U;WW to the property owner or tenant. If theme notification procedures are not strictly followed, the contractor shall not be allowed to work on the street. POSTING: Theshall be lef ov' of work to be done-and also responsible for a of notiCe.S to streets that need to be OJ A,e 01W9011M t ---'pVSnt or other unfor delays. The date must be printed in a legible manner on the sign. (Post "No Parking" signs at approximately 100 ft. intervals) . TOWIM PROCEDURE: Cupertino Municipal Code section 11.24.200 D authorizes the tow away of a vehicle parked on a public street where construction or street repair work is scheduled to occur. Special Provisions Page 7 of 10 "i WING PROCEDURE: (continued) The contractor performing the scheduled work is responsible for erecting the required signs giving notice that such vehicles may be towed away if left on the street during the day the work is scheduled to be performed. The signs shall be erected at least 48 hrs. prior to the scheduled start of work. The Contractor must notify Cupertino Code Enforcement (408-252-4505) with locations of pasting to verify forty-eight (48) hour notice. 11. PROTEMON 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 , on private property, unless he has obtained specifics on frcan tom+ owner. Contractor shall take reasonable precautions to cause the least damage possible to existing improvements and landscaping in the work area on both public and private property. Any repairs to damage must be completed within the five (5) working days allowed at the particular location. If the work is not completed the City shall have the work ccRnpleted and the Contractor shall be billed for the work. 12. RELATIONS WITH PROPERTY OWNERS: The contractor shall provide written notices to property owners or residents at least f -ei t k affecting their property over both wa ys and driveways at all tames. Contractor shall provide all necessary bridges or ramps and/or coi'struct work in stages to allow access. All costs involved in providing access shall be included in the amount bid for the various bid .items and no additional ccapensation will be allowed. Notice to Lea dents oved by the Ci rior 13. TOPSOIL BACK'ILL AND LANDSCAPE REPLACEMERT: The contractor shall be required to backfill with clean topsoil to the finish grade and replace in kind all landscaping where necessary in areas adjacent to reconstructed concrete. All costs for furnishing, craipacting the topsoil and landscape shall be included in one or more of the various bid items. Landscaping shall include but not be limited to lawn, ground cover, planting, irrigates, headers, etc. This work must be Ompleted within the five (5) working days allowed at a particular 'acatic-)n. If the work is not completed the City shall have the work atmp..eted and the Contractor shall be billed for the work. 14. QUANTITIES: It is specifically pointed out that the quantities listed in the proposed specifications are estimates only and being given on a basis of oomparison of bids, and the City of Cupertino does not agree that the actual amount of work will ooxrespcaxi, but reserves the right to increase or decrease the amount of any class or portion of the work, or to cash items or portion of the work that may be dee,:� necessary by the Engineer. Special Provisions Page 8 of 10 14. QUANTITIES: (continued) THE QUANTITY LISTED FOR EACH ITEM MAY BE INCREASED OR DDCREAS'ED UP TO 7MM-FIVE PERC?r (25%) OF THE OWMCT QUANTITIES WITH NO CW4GE IN UNIT BID PRICE. 15. INSPDC'I'ION OOSTS: Inspection cost for any work done before 8:00 A.M. or after 4:30 P.M. on a regulaf workday or on Saturdays, Sundays or Holidays, shall be paid for by the contractor at the rate of 1 irty-Five Dollars ($35.00) per hour, except where such work is specifically required by the specifications. 16. NOISE CONTROL: Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Mmicipal Code during daytime hours; provided that the equipment utilized has high quality noise muffler and abatement devices installed and in good condition and the activity meets one (1) of the follow criteria: 1. No individual device produces a noise level more than 87 dBA at a distant of twenty-five feet (251) (7.5 meters) . 2. A noise level on any nearby property does not exceed 80 dBA. It is a violation of this chapteg to engage in any grading, street construction or underground utility work within seven hundred fifty feet (7501) of a residential area on Saturdays, Sundays, Holidays, and during the nighttime period except as provided in Section 10.48.030. 3. Grading, ccrotruction, or demolition occurring during nighttime period shall not be allowed unless they meet the nighttime standards of Section 10.48.040. 17. TESTING: The city will call f laboratory or various tests. The contractor shall be responsible for and pay for tests and services as follows: 1. The scheduling and coordination with the City for any required test. If a required test is scheduled by the contractor and, upon arrival at the site, it is determined that the work is not ready for testing, the contractor shall pay for all wed trips. 2. All costs for retesting items and failed tests that did not meet the specified requirements. 18. r1TMS AND WCW NOT SPBC'IFICALL,Y INCLUDED IN A D TION: It is specifically pointed out that any and all items and/or work called for on the details and/or specifications, and rot included in a description or a specific bid item, shall be included by the bidder in one (1) or more of the bid its and no special eag3ensaticn will be allowed. Special Provisions Page 9 of 10 ITEMS AND WO}9 NOT SPACIFICALLY INCLUDED IN A DE CRIMON (Continued) : This includes, but is not limi ad to, such items as flagmen, water, and the providing of all safety requirements or work and materials required to provide public convenience and safety, barricades, lights, vehicular detours, pedestrian walkways, etc. Prior to beginning any extra work for tine project the Contractor is required to have a sighed authorization form froan the City. A foreman must be on the job at all tinges while work is being performed. 19. REMOVAL AND DISPOSAL OF NbATERIAL: Removal and disposal of all broken concrete, asphalt, earth, rock and debris shall be off the job site. This material becomes the property of the Contractr and must be disposed outside of the City of c:upertino. the Contractor shall s 4.a .port containing the following information: 1. QLanti each material of at a recycling face i 2. Dl��address Of t21P di coal c Ern- cruel, matari al. 20. WATER: The furnishing of water and applying water shall be considered as paid for in the items of work involved. 21. PAYNIEW: Payment shall be made on only those addresses the City has approved and for approved amounts. No other compensation 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. 22. POLLUTION L: The contractor shall take all precautions necessary to keep toxic materials (fresh concrete, oeMBnt-related mortars, A.C.) from entering the storm drain. oil i11 y. wi Use only minimal water for dust control. Special Provisions Page 10 of 10 A VARIES SAW REMO E AND' SAW car ,i„ ii. /SCUT iREPL s PARKWAY D� f ¢I ,,---STD. CURB & GUTTER'S A D E T A C H E D "S/ ! D E W A L K 6" �I 4'-6" 4'-6" --4I 6" STD. CURB & I PARKWAY 4" P.C.C. BUTTER / ° a <7 d e e � � A c 4" AGG. BASE 4" AGG. BASE SECTION A- A 7i If — VARIES f 'PEMC` E AN���- SAW SAW�i. . CUT -REPL. C Ycur _ r r,--STD. CURB & GUTTER—� D I M 0 N 0 L I T H D -E A 6" —.e a------ 4'--6" 5-0" STD. CURB & 4.. P.C.C. GUTTER d � d n 4" AGG. BASE 4" AGG. BASE SECTION A - A dl I �STA- E e 1" �-,R BENDER BOARD e L- a J� a 4 d c 4 / a SIDEWALK OR DRIVEWAY I� d 4� a a a a d d d a 4 Qd a d d � ET- VARIES F1LAN STAKE 1" 4" OR BENDER BOARD • ` a a^ p •• 6 a O O • n • d m SIDEWALK OR DRIVEWAY' CL LLJ ••J { a CC • e O 4'p • •• d � °• e ?- d • a W • a •• o m • • ° 4 o n - 4„ ABM`� v SECTION A - A BENDER BOARD INSTALLATION DETAaL --- C GUTTER -CURB �Q I VARIES I EX. A. C. I+ VARIES PLAN A.C. CUTBACK - CURB & GUTTER DIM. VARIES s EX. A. C. a e ao--4" ABM SECTION A --- A PI ACEMEN T QE A . C . CCU TBAC �� TABLE "A" Residerltiol Single DOW Single faedty 16' 221 e e fAuttiDb 16` 24' a s Commercial One way Two way o 0 min 20' min 32' e I max 32' mow 44' a I Industrial min.24'. min 36' e mot 36' man 46' n in f o 4'min,�►— S®- Sidewalk to be r*pleced when now driveway is Doawed Coerce.'.•:' �' : -- �• " Deep score ( Brusp'• Sow out existing conartts It not of existing etponeian joint or cold jWnt Pin : '• or variable 1'.,,. 1 I• -j � �t:xpaflel0ll J Score Liles joint Dee® *core mark* it 1/2 D.W. is greater than 10' ' S lei—0 9 () D IV O y See Table W PLAN VIEW W t Width W/2 4.5'or variable 6"commercial or Industrial Deep sacra Deep score or Slope •I.596 to°8% � 6•rasldeMlol I• 1" ( cold joint or -1.5% to-4% --r-�' --L4-_1O.pQOtotJ Ogg. p$o 0 oe O O bass material Commeralal and Indusfriel driveways shall have straight slops to it NOTE: Concrete driveways not mandatory SECTION S—S In Industrial zones when sidewalks not constructed. STANDARD DRIVEWAY DETAIL-Monolithic Sidewalk CITY OIL CUPERTINO APPROVED BY : DATE : Z ,.0 1-1-20 STANDARD DETAILS cIT lay a SIDEWALK-NUMERICAL LIST I.D. SIDEWALK CIG DRIVEWAY ROOT DAT ' # STREET NUMBER WIDTH LENGTH SQ.Fr LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLET1= 1 MERRITT DR 19651 4.5 13.0 58.5 20.0 0.0 13.0 _ 2 MERRITT DR 19721 4.5 11.5 51.8 0.0 12.0 3 COLBY AVE 10211 0.0 8.5 0.0 9.0 PLACE CUTBACK 4 BAYWOOD DR 19809 0.0 30.0 0.0 15.0 PLACE CUTBACK 5 BAYWOOD DR 19965 0.0 2A.0 0.0 PLACE CUTBACK 6 BAYWOOD DR 19866 0.0 24.0 0.0 11.0 PLACE CUTBACK 7 BAYWOOD DR 19885 0.0 19.0 0.0 10.0 PLACE CUTBACK 8 PEARTREE LN 19950 0.0 12.0 0.0 12.0 PLACE CUTBACK 9 TWILIGHTCT 19928 0.0 4.5 14.0 63.0 10 BLANEY AVE 10532 0.0 39.0 0.0 10.0 PLACE CUTBACK 11 ORANGETREE LN 10574 4.5 13.0 58.5 0.0 14.0 12 RODRIGUES AVE 20370 5.0 19.0 95.0 0.0 8.0 13 TORRE AVE X-FROM CITY HALL 5.0 220 110.0 0.0 10.0 PACIFIC BELL BOX 14 GILLICK WAY 20387 4.5 17.0 76.5 0.0 5.0 15 FARALLONE DR 10792 0.0 22.0 0.0 11.0 16 LA RODA DR 10604 4,5 12.5 56.3 0.0 17 FARALLONE DR 10325 0.0 19.5 0.0 6.0 WATER METER 18 SOMERSET DR 20219 4.5 16.5 74.3 0.0 11.0 19 E.ESTATES DR 10277 4.5 8.5 38.3 10.5 0.0 20 E.ESTATES DR 10360 0.0 21.0 0.0 9.0 21 GREENWOOD CT 19514 0.0 20.0 0.0 10.0 22 E.ESTATES DR 10566 4.5 7.5 33.8 4.5 17.5 78.8 23 PINEVIL LE AVE 105M 4.5 16.5 74.3 0.0 7.0 WATER METER 24 HYDE AVE 898 0.0 20.5 0.0 14.0 PLACE CUTBACK 25 NORWICH AVE 10305 0.0 22.0 0.0 120 26 AMHERST DR 19681 0.0 35.0 0.0 6.0 PLACE CUTBACK. 27 LA MAR DR 19675 4.5 9.0 40.5 0.0 28 PORTAL AVE X-FROM 10133 4.5 20.0 90.0 0.0 16.0 29 COLD HARBOR AVE 10257 1 4.5 4.5 20.3 1 0.0 30 1 SCOFIELD DR 20851 4.5 16.0 72.0 1 0.0 9.0 PAGE 1 SIDEWALK-NUMERICAL LIST 4D. SIDEWALK CIG DRIVEWAY ROOT DA'll: # STREET NUMBER WID1'H LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETi 31 SCOFIELD OR 20805 4.5 18.5 83.3 0.0 12.0 32 WESTACRES DR 10471 4.5 14.0 63.0 0.0 33 WESTACRES DR 10290 4.5 14.0 63.0 0.0 10.0 34 TONITA WAY 10355 4.5 12.0 54.0 0.0 120 35 TONIITA WAY 10376 4.5 46.0 207.0 0.0 45.0 36 TONITA WAY 10366 0.0 36.0 0.0 14.0 PLACE CUTBACK 37 TONITA WAY 10316 4.5 18.0 81.0 0.0 18.0 38 SHELLY OR 20668 4.5 8.5 38.3 0.0 12.0 39 NANCY CT 20654 4.5 23.0 103.5 0.0 14.0 40 KIM ST 974 4.5 15.5 69.8 0.0 15.0 41 KIM ST 864 4.5 20.5 92.3 0.0 20.0 42 KENTWOOD AVE 1143 4.5 13.0 _58.5 0.0 10.0 43 STEEPLCHASE LN 1113 4.5 1&0 81.0 0.0 18.0 44 HOLLANDERRY PL 7563 0.0 6.5 13.0 84.5 45 CRESTLINE OR 1199 4.5 6.5 29.3 0.0 10.0 46 MILKY WAY 1123 4.5 17.5 78.81 0.0 14.0 47 ROBINDELL WAY 7848 0.0 14.5 0.0 10.0 48 RAINBOW DR 8W5 4.5 10.5 47.3 0.0 13.0 49 NEWCASUE DR 7648 4.5 9.5 42.8 0.0 9.6 50 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 51 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 52 ERIN WAY 7613 4.5 49.0 220.5 7.0 6.5 12.0 78.0 35.0 53 MCCLELLAN RD 7540 4.5 17.5 78.8 0.0 8.0 54 DE FOE DR 7547 4.5 8.5 38.3 0.0 8.0 55 FAt.1 EN EAFLN 7450 4.5 14.5 65.3 0.0 7.0 56 STANFORD PL 7453 4.5 17.0 76.5 09 11.0 WATER METER 57 KENTWOOD AVE 1103 4.5 9.5 42.8 0.0 12.0 58 KENTWOOD AVE 1105 4.5 30.0 135.0 0.0 2.5.0 59 MARY AVE 10100 6.5 9.5 61.8 0.0 60 MARY AVE 10393 7.0 3.0 21.0 0.0 61 GRAPNEL PI. 10665 1 0.0 19.5 1 0.0 14.0 PLACE CUTBACK PAGE 2 SIDEWALK-NUMERICAL LIST I.D. SIDEWALK GG DRIVEWAY ROOT DATE * STREET NUMBER WIDTII LENGTH SQ.FT LF WIDTH LENGTH SQ.NT PRUNE REMARKS COMPLETI 62 WILSON CT 21866 4,5 14.0 63.0 0.0 5.0 63 STOKES AVE 10431 4.5 24.0 108.0 0.0 19.0 64 LA JOLLA CT 11220 4.5 4.0 1&0 0.0 4.0 65 TERRA BELLA DR 11302 4.5 35.0 157.5 0.0 66 RUCKER DR 21920 4.5 30.0 135.0 0.0 9.0 67 SANTA TERESA DR 10481 45 7.0 31.5 0.0 7.0 68 MCCLELLAN RD 22241 4.5 5.0 22.5 0.0 69 WALNUT CIR.S 2m 43 15.0 67.5 0.0 15.0 70 RANCHO VENTURA ST 22385 4.5 85 38.3 0.0 71 OAKIF.AF PL 22008 0.0 38.5 0.0 13.0 PLACE CUTBACK 72 FLORENCE DR 10490 0.0 13.0 0.0 73 PHARLAP DR 10485 0.0 3.0 15.0 45.0 74 DEANZA BLVD S/W 10191 9.5 180 171.0 20.0 0.0 15.0 75 CHERYL DR 20781 4.5 8.0 36.0 0.0 76 SILVERADO AVE X-FROM KFC 45 15.0 67.5 0.0 15.0 77 LA MAR DR 19611 45 14.5 65.3 15.0 4.5 14.5 65.3 78 E.ESTATES DR 10581 4.5 24.0 108.0 22.5 45 17.0 765 79 ROSEMARIE PL 19472 4.5 25.0 112.51 OA 12.0 80 KEMMOOD AVE 1127 45 11.5 51.8 0.0 81 SHATIUCK DR 21867 45 20 90.0 0.0 82 FARALLONE DR 10642 4.5 20 90.0 0.0 83 KIRWIN W 7569 4.5 14 63.0 84 COLBY AVE 10198 4.5 10 45.0 TOTALS 4513.3 533.0 1 1 491.0 750.0 ROOT PRUNING WILL BE PERFORMED A MINIMUM OF 12"FROM THE TREE PAGE 3 SIDEWALK-ALPHABETICAL LIST I.D. SIDEWALK C/G DRIVEWAY ROOT �jDXIE #� STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLE 11, 26 AMHERST DR 19681 0.0 35.0 0.0 6.0 PLACE CUTBACK 5 BAYWOOD DR 19865 0.0 24.0 0.0 PLACE CUTBACK 6 BAYWOOD DR 19WA 0.0 24.0 0.0 11.0 PLACE CUTBACK 7 BAYWOOD DR 19885 0.0 19.6 0.0 10.0 PLACE Cl ITBACK 4 HAYWOOD DR 19889 0.0 30.0 0.0 15.0 PLACE CUTBACK 10 BLANEY AVE 10532 0.0 39.0 0.0 10.0 PLACE CUTBACK 75 CHERYL DR 20781 4.5 8.0 36.0 0.0 84 COLBY AVE 10198 4.5 10 45.0 3 COLBY AVE 10211 0.0 8.5 0.0 9.0 PLACE CUTBACK 29 COLD HARBOR AVE 10257 4.5 4.5 20.3 0.0 45 CRESMNE DR 1199 4.5 6.5 29.3 0.0 10.0 54 DE FOE DR 7547 4.5 8.5 38.3 0.0 8.0 74 DEANZA BLVD S/W 10191 9.5 18.0 171.0 20.0 0.0 15.0 19 E.ESTATES DR 10277 4.5 8.5 38.3 10.5 0.0 20 E.ESTATES DR 10360 0.0 21.0 0.0 9.0 22 E ESTATES DR 10566 4.5 7.5 33.8 4.5 17.5 78.8 78 E ESTAIM DR 10581 4.5 24.0 108.0 22.5 4.5 17.0 76.5 52 ERIN WAY 7613 4.5 49.0 220.5 7.0 6.5 12.0 78.0 35.0 55 FALLENLEAF LN 7450 4.5 14.5 65.3 0.0 7.0 17 FARALLONE DR 10325 0.0 19.5 0.0 6.0 WATER METER 82 FARALLONE DR 10642 4.5 20 90.0 &0 15 FARALLONE DR 10792 0.0 22.0 j 0.0 11.0 72 FLORENCE DR 10490 0.0 13.0 0.0 14 GILLICK WAY 20387 4.5 17.0 '6.5 0.0 5.0 61 GRAPNEL PL 10665 _ 0.0 19.5 0.0 14.0 PLACE CUTBACK 21 GREENWOOD CT 19514 0.0 20.0 0.0 10.0 44 HOLLANDERRY PL 7563 0.0 6.5 13.0 84.5 24 HYDE AVE 898 0.0 20.5 0.0 14.0 PLACE CUTBACK 57 KENTWOOD AVE 1103 4.5 9.5 42.8 0.0 12.0 58 KENTWOOD AVE 1105 4.5 30.0 135.0 0.0 25.0 PAGE 1 SIDEWALK-ALPHABETICAL LIST I.D. SIDEWALK C/G DRIVEWAY ROOT 1)A'1'1? 0 STREET NUMBER WIDTH LENGTH SQ.Ff LF WIDTH LENGTH SQ.FT PRUNE. REMARKS COMPLETE 42 KENTWOOD AVE 1143 4.5 13.0 58.5 0.0 10.0 80 KENTWOOD AVE 1127 4.5 11.5 51.8 0.0 41 KIM ST 864 4.5 20.5 92.3 0.0 20.0 40 KIM ST 874 4.5 15.5 69.8 0.0 15.0 83 KIRWIN LN 7569 4.5 14 63.0 64 LA JOLLA Cr 11220 4.5 4.0 18.0 0.0 4.0 77 LA MAR DR 19611 4.5 14.5 65.3 15.0 4.5 14.5 65.3 27 LA MAR DR 19675 4.5 9.0 40.5 0.0 16 LA RODA DR 10604 4.5 12.5 56.3 0.0 59 MARY AVE 10100 6.5 9.5 61.8 0.0 60 MARY AVE 10383 7.0 3.0 21.0 0.0 50 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 51 MARY AVE AT HIGH SCHOOL 4.5 10.0 45.0 0.0 10.0 53 MCCLELdAN RD 7540 4.5 17.5 X8 0.0 8.0 68 MCCLELLAN RD 22241 4.5 5.0 22.5 0.0 1 MERRI T DR 19651 4.5 13.0 58.5 20.0 0.0 13.0 2 MERRITT DR 19721 4.5 11.5 51.8 0.0 12.0 46 MILKY WAY 1123 4.5 17.5 78.8 0.0 14.0 39 NANCY CI 20654 4.5 23.0 103.5 0.0 14.0 49 NEWCASUE DR 7648 4.5 9.5 418 0.0 9.0 25 NORWICH AVE 10305 0.0 22.0 0.0 12.0 71 OAKLEAF PL 22W8 0.0 38.5 0.0 13.0 PLACE CUTBACK 11 ORANGETREE LN 10574 4.5 13.0 58.5 0.0 14.0 8 PEARTREE LN 19950 0.0 12.0 0.0 110 PLACE CUTBACK 73 PHARLAP DR 10485 0.0 3.0 15.0 45.0 23 PINEVIL LE AVE 10500 4.5 16.5 74.3 0.0 7.0 WATER METER 28 PORTAL AVE X-FROM 10133 4.5 20.0 90.0 0.0 16.0 48 RAINBOW DR 8045 4.5 10.5 47.3 0.0 13.0 70 RANCHO VENTURA ST 22385 4.5 8.5 38.3 0.0 47 ROBINDELL WAY 7848 0.0 14.5 0.0 10.0 12 RODRIGUES AVE 20379 5.0 19.0 I 95.0 ( 0.0 8.0 PAGE 2 SIDEWALK-ALPHABETICAL LIST I.D. SIDEWALK C/G DRIVEWAY ROOT DATE # STREET NUMBER WIDTH LENGTH SQ.FT LF WIDTH LENGTH SQ.FT PRUNE REMARKS COMPLETE 79 ROSEMARIE PL 19472 4.5 25.0 112.5 0.0 110 66 RUCKER DR 21920 4.5 30.0 135.0 0.0 9.0 67 SANTA TERESA DR 10481 4.5 7.0 31.5 0.0 7.0 31 SCOFIELD DR 20805 45 18.5 83.3 0.0 110 30 SCOFIEL D DR 20851 4.5 16.0 72.0 0.0 9.0 81 SHATTUCK DR 21867 4.5 20 90.0 0.0 38 SHELLY DR 2OW 4.5 8.5 38.3 0.0 12.0 76 SILVERADO AVE X-FROM KFC 4.5 15.0 67.5 0.0 15.0 18 SOMERSET DR 20219 4.5 16.5 743 0.0 11.0 56 STANFORD PL 7453 4.5 17.0 76.5 0.0 11.0 WATER METER 43 STEEPL CHASE LN 1113 4.5 18.0 81.0 0.0 18.0 63 STOKES AVE 10431 4.5 24.0 108.0 0.0 19.0 65 TERRA BE]LA DR 11302 .5 35.0 157.5 0.0 37 TONITA WAY 10316 4.5 18.0 81.0 0.0 1b.0 34 TONTTA WAY 10355 4.5 12.0 54.0 0.0 110 36 TONTTA WAY 10366 0.0 36.0 0.0 14.0 PLACE CUTBACK 35 TONITA WAY 10376 4.5 46.0 207.0 0.0 45.0 13 TORRE AVE X-FROM CITY HALL 5.0 22.0 110.0 0.0 10.0 PACIFIC BELL BOX 9 TWILIGHTCT 199M 0.0 4.5 14.0 63.0 69 WALNUT C13L S 22482 4.5 15.0 67.5 0.0 15.0 33 WESTACRES DR 10290 4.5 14.0 63.0 0.0 10.0 32 WESTACRES DR 10471 4.5 14.0 63.0 0.0 62 WILSON CT 21866 4S 14.0 63.0 1 0.0 5.0 TOTALS 4513.3 533.0 491.0 745.0 ROOT PRUNING WILL BE PERFORMED A MINIMUM OF 12"FROM THE TREE. PAGE 3 E. CONTRACT FOR PUBLIC WORKS it-is CX wmcr made on 19 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and , hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: I. THE CONTRACT DOCLHu'%`TS. The omplete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Sub- Contractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for d. Faithful Performance Bond and Materials Bcnd. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Eydorsement 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 berate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACMR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and amplete 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 Ehgineer and adopted by CITY, which Plans and Specifications are entitled, respectively, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and ccupleted as required in said Plans and Specifications under the sole direction of C=W CIOR, but subject to the inspection and approval of CITY, cr 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 .mil -.• • - ,.-,•:_ - - '..1' 'rl .�•.... •; i Sl - - �►t1Y-;, �f• // �; 1• �:�1 l./ • 1` 'Hy. `I .r • M tl- �I I r - •U •t t:. ru - •t �•� v: ' +� n - tr; w: /c« tq"- N '..I' • '• • 11 •1. ..•.• •: • ��: r -', III •'= •' oil C •+'.11"• - ��� If•t' • LII':.I � •' 1<•'ll• - •= J"� '•r� iII J. :'Y ..If 31 •1' •'.; '`r •�,ct r_ Y.T• •I.' J "mot 4•. • •� �•..•. •`<' - _ '•.. • r•r ci .• A.R CO!RIRACI' FUR PUBLIC WOMS (continued) • 9. TERMUMCN, AMEINDKE NT OR MODIFTCATIC K. This Contract may be terminated, or modified, with the mutual omrAmt of the parties. The ration 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 acAreement of the parties. 10. TIM FCR COMPLETION. All work under this Contract shall be Completed in accordance with the Time for Completion section in the proposal and the Specification of this project. If CWniA= shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by ooritract or wise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONMACIMIS control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Docuuments. 11. INSPEL'1*ICki AND TES'Irm of muERiALS. 00WMCMR 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. TERKMAMM FCC BREACH CR INSOLVENCY. If CONTRACICR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receives should be appointed on account of insolvency, or if C ORI RAC MR or any sub-OCntractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACICR and CM?MACIUR'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 violations shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said ten(10) days, oease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACIUR'S surety and CCRTRACIM, 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 doe, not ewe performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take over the work and pr asecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of COW.['WrCR, and CON RACICR and C 3?MACICRIS 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 OMCMA= as may be on the site of the wa rk and necessary therefor. 13. THE CITTY'S RIGHT To WITHHOM C WJN AMOUeTTS AND MAKE ApPUC ATION ZKMOF. In additions to amounts which CITY may retain under other provision of the Specification until final completion and acoepitianoe of all work oov+ered by the Contract, CITY may withhold frames payment to COKMACTIOR such an aunt or amounts as in its judgement may be necessary to pay just claims against CONTRACICR or sub-eontractcrs for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 CONTRACT FUR PUBLIC WOMS (oontinued) CITY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of =MtkCIUR, and any payment so made by CITY shall be considered as a payment made utter the contract by CITY to cmin ACm, and CITY shall not be liable to CaRIRACTCR for any payment tttade 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, CONIRAL4MR will be entitled to substitute securities as provided in Section 4590 of the California C,orverTmjertt Code as more fully described in CITY'S Notice to contractors. 14. NO►I'ICE AND SERVICE 7HEMF. 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 nrt be effective for arty purpose whatsoever unless served in the following maruter: (a) if the notice is given to CITY either by personal, delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF C UPERTINO, 10300 E AVENUE, ammm, CA 95014, postage prepaid and certified; (b) if the notice is given to OMMAO°M, either by personal delivery thereof to CMMUMOR, or to CIWIRAORM I S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, amassed to, , postage and certified; and (c) if notice is given to C CONIRAA IC RIS or any prepalother person, either by personal delivery thereof to COWMCICRIS surety or other person, or by depositing same in the Uhited States mails, enclosed in a sealed envelope, wed to OONTAL M'S surety or person, as the case may be, at the address of CC}'NTRACYCR'S surety or the address of the person last 000u icated by such person to the party giving the natioe, postage prepaid and certified. 15. ASSIGNMERr OF CONTRAM Neither the contract, nor any part thereof, nor moneys due or to became due thereunder, shall be assigned by COWMCaR without the prior written approval of CITY. 16. CX24P'L IANC E WrM SPECMCATIo NS OF HATFRTAT S. Whenever in the Specifications, any material or process is indicated or specified by patent or pr�opr'ietary name, or by name of , such Specifications must be met by CC K1RACMR, unless MY agrees in writing to some other material, proo of;s or article offered by CC KIRACIC R which is equal in all respects to the one specified. It shall be CIMMACICRIS responsibility to prove equality of any such material, prooess or article offered as a substitution to the one(s) specified. 17. WORD'S C MGWSAT CN INS AND EMpLDyFR'S LIABILITy DMMWM. CMT ACMR shall take cut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CDNM CIC?R'S employees employed at the site of the project. In case any work is sublet, OONYRAOM shall require any and all similarly to provide Worker's Cbgx rtsaticn and E mplayer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the OONZRACXR. Contract Page 4 of 6 i C CUrRACT FCR PUBLSC WCFTS (continued) In signing this Contract CORnUkC'ICR makes the following Lsrtification, required by Section 1861 of the Tabor 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 cessation or to undertake self inmurance in ---- dance with the provisions of the Labor Code, and I will amply with such provisions before commencing the perfcrmanoe of the wore of this Contract." 18. AC=ERr PREVE NTIC N. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACrM I S RESPCJSIBnXrY FCR TU WCW. CO RIRACIC R shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of Gad. NMRMMESS, CWn?ACICR shall, if the irout-anhce 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 Stags or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, dam, 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. CWMCPOR'S GUARANTEE. OOVRRALZ unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CWMC:TCR 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 CC!URAC'IC R unqualifiedly guarantees such lesser quality; and that the work as performed by OaMACICR 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 C n Y within one(l) year of the date of acceptance of eaupletion of this Contract by cny, C7MMACrOR will fartbwith remedy such defects without cost to CITY. Contract Page 5 of 6 RAGT FOR PUBLIC WCFWS (continued) P.O. IN WIZNPSS F, the parties have executed this Contract, in duplicate, the day and year first hereinabovie written. CITY OF CUPERrIK0 C*TMCMR: By: Notary adawwledcment is required. If a corporation, mate seal and corporate notary acknowledgement are required. If not a corporation a Social Security No. or Federal Tax I.D.# is required. soc. Security # Federal Tax I.D. # By: Ci Y Manager- Attest: City Clerk Date: a9 Ci y Clerk APPR[3VE D AS M FUM AND PROFI)IM: City Attorney Project Name .i Number: Contractors Name and Address: Contract Amount: $ Account Number: File Number: Contract Page 6 of 6 COMRAC"T FUR VJBLIC WORKS (continued) INSURANCE AGREEMERr A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for wars' conpensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before camw ring the performance of the work of this Contract. B. Contractor and all suboontractrors will carry workers' ocupensation insurance for the protecticn of its employees during the progress of the work. The insurershall waive its rights of motion against the City, the City Is officers, agents and euployees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evil by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance ompanies satisfactory to the City for all operations, Fact work, cmtxactual obligations, product or Meted operations, all owned vehicles and non-owned vehicles. said ire coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its engineer, and each of its Directors, Offioers,Acgents and EmPloyess, 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 construction, Contractor shall furnish certificates 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 he 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 coupleted. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemification 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 forme and effect during the life of this Contract, the following insurance in amounts not less than the amaumts specified and issued by a coupany admitted in California and having a Best's Guide Rating of A-Class VII or better. worker's Cwpensation Liability. In accordance with the worker's ocuWmticn Act of the State of California - $1,000,000 per occurrence. Irmnrance Agreement Page 1 of 2 , v FcR PLmzc wmm (coentinaaed) Public Liability - either C wbined single limit of 1.0 million rcial general liability per ; $2.0 million in the or ive general liability; aggregate.. including provisions for contractual lizvoility, personal injury, imleperrJent coixtractors and Verty dmnaget coverages. Builder's all Risk. Ammmt equal to 100% of the contract price bid; $25,000 de&wtible is allowed. Automobile Liability - rehensivs Omobined single limit of $500,000.00 covwing owned, rzxri w x3d and hired per off. automobiles. BY: (Contrac tar°s Nam) Dated: 19 Insurance Agreement Page 2 of 2 C OMRACT FOR PUBLIC: WOWS (continued) CElMFICA4TE OF INSURANCE M THE CITY OF This aertifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in for at this time. Insured: Address: Description of operations/locatic6s/products used (show contract name and/or number, if any) : WCIUKER.S' a3,1PENSAT'ICIN *Statutory Min. *Ehployer's Liability (rune of mot) S S S Best's Rating Insurance zany's State License No. Check Policy Type: Each Occurrence $ SIVE GENERPL LIABILITY C ] Premises/Operations General Aggregate $ (if applicable) [ ] hers & Contractors Protective Aggregate $ [ 7 Contractual for Specific Contract Personal Injury $ [ ] Products Liability C ] XCU Hazards C ] Brad Form P.D. Fire Damage (any [ 7 Severability of Interest one fire) $ Clause [ 7 Personal Injury with Medical Eq mise Rployee Exclusion moved (any one person) $ or Self-Insured OQvPCIAL GENERAL LIABILITY Retention $ (name of .insurer) Best Rating Policy No. Expiration Date Certificate of Insurance Page 1 of 2 0341PACT FOR PURUC WOWS (continued) AVTC IE/VEH1CLE L1ABnXrY BODILY INJURY PROPERTY DANA= CWnercial. Form Each Pierson Fach Accident Liability Coverage $ Each Accident (name of insurer) $ or canbm- d Single Lunt $ Best's Rating Policy No. Expiration Date BInWERI S RISK "ALL RIWI This is to certify that tl following policy has been issued by the below- stated canpany in oa ,ormanae with the requirements of Section 8-1 of the General Provisions and is in force at this time: (name of insurer) POLICY FDGYIRATION LIMITS OF DEflUCI'ffi,E NUMBER DATE LIABILITY TY A copy of all Endcrsements to the policy(ies) which in any way (agents's init) limit the above-listed types of coverage are attached to this Certificate of Insurance. This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. NotwithstandiM any requirement, term, or condition of any contract or any other document 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 terms, exclusions and conditions of such policies. IT IS HEFWY CERrIFIEfl that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Dated: 19 Attach Certificate of Insurance and Aaditicmi Insured Erdorsement cap caupany farms. Certificate of Insurance Page 2 of 2 OWMACT FUR PEZUC WOM (continued) 00� OF Maw nfsURANCE In consideraticn of the policy premium and ratwithstarding any incn- sistent statement in the policy to which this IIndo sewnt is attached or any other Endorsement attach thereto, it is weed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional iaozed(s) shall be called upon to cover a loss under said additional policy. POLICY INt+O*VMC N 1. Insurance Oampany: 2. Insurance Policy Number: 3. Effective Date of this , 19 4. Insured: All notices herein provided to be given by the Insurance OmWW to the City in ccaffmeCticn with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cupertino, California, 95014. I, (print/type: name) warrant that I have authority to bind the below listed Insurance Cc%pany and by my signature hereon do so bird this Company. Signature of Authorized sentative: (Original signature required on all E'ndorse9uents furnished to the District) Names of Agent/Agency: Title: Address• Telephone: Facsimile: Primary ant Pie 1 of 1 ADDTPICHAL INSURED UMMEMERr In oxmideration of the policy premium and notwithstanding any imom-s- sistent statement in the policy to which this Etrloamement is attached or any other attached t1wavto, it is agreed as follows: Me City of Cupertino ("City") and its Directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their Directors, officers, engineers, its and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the contractor at or upon any of the premises of the City in aomection with the Mntract with the City, or acts or mmissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INPCHOTION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Erndarse�ent: , 19 4. Insured: All notices herein provided to be given by the Insurance company�to the ra City in aom tion with this policy and this Additional Insured l+l LaUL��C11�.I shall be mailed to or delivered to the City at 10300 Torre Avenue, Q4w tiny, California, 95014. I, (pry/type nam) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Comrany. Signature of Authorized Representative: (Original signature required orn all dorseaents furnished to the District) Names of Agent/Agency: Title: Address: Tel : Facsimile: Additional Insured IIvkzsement Page 1 of 1 OMTRACr FOR PUMZC WORKS (omtinuaed) COMPREHENSIVE GAL C CHM CIAL Gam, LIAHILTTY ENDORSEMENT OF AGMEME MUM OF INS PER PROJBC!r In consideration of the policy premium and notwithstanding any invon- sistnnt statement in the policy to which this F ndarse nt is attached or any other ox'sement attached thereto, it is agreed as follows: This Ea x7orseatt modifies the ins provided under the General Liability coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMdM OF INSMANCJE applies separately to the project described as POLLCY II FCRG CN 1. Insuranoe donpany: 2. Inmranoe Policy Mnober: 3. Effective Date of this Endorsement: 19 4. Insured: 5. Additional Insured: City of Cupertino, its Directors, officers, agents and employees. All notices herein provided to be given by the Insurance 0o pany to the City in connection with this policy and this Additional Insured - - -BE terrzt, shall be marled to or delivered to the city at 10300 Torre Avenue, Cupertino, California, 95014. I (print/type �) warrant that I have authority to bind the below listed Ise Coupany and by my signature hereon do so bind this CcgwW. Signature of Authorized Representative: (Original signature required on all gadorseunwenta furnished to the D ict) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Aggregate Limits Eti I--sement Page 1 of 1 catrlaA-Cr FOR PUBLIC NMUCS (continued) s vaivER of siDE�GA w ENDoRsEKENr w 'S C34MMAMM INSMWKE In consideration of the policy premium and notwithstanding any inaon- sistent. statement in the policy to which this is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the polio, the Insurance Garry waives any right of subrogation it may acquire against the City of O=ertino, and each of its Dire-tors, Officers, agents, cormultan s and employees by reason of any payment made cn account of injury, including death resulting tkeeref *am► sustained by any employee of the insured, arising out of the performance of thr above-referenced Contract. POLICY INFCF14MCN 1. Insurance Ccapany: _ 2. Insurance Policy Number: 3. Effective Date of this Endorsement: , 19 ,. 4. In'nnwed: All notices herein provided to be given by the Lin arnoe many to the City in connection with this policy and this Additional Irwm7ed D�dorsement, shall be mailed to or delivered to the City at 10300 Torre Av+em e, Cupertino, California, 95014. I, _ (print/type name) warrant that I have authority to bared the below lasted Insurance Mm parry and by my signature hereon do so bind this Company. Signature of Au°.hwized Representative: (original signature required on all Erdorseme nts furnished to the District) Names of Agent/Agency: Title: Address: Ttelephcne: Facsimile: Subrogation E7ndorsemesrt Page 1 of 1 COMRACT FCR PEMUC WDM (Oontire ed) MMCE OF POUCY CANC'.k.UATIC N DMORSEMERr In consideration of the policy premiums and notwithstanding any incon- sistent statement in the policy to which this etent is attached or any other went attached tbereto, it is agreed as follows: Cancellation Notice. 7he imaanoe afforded by this policy shall not be suspended, voided, cancelled, reduced in coves-age or in limits, or materially altered, QKCs rt after thirty(30) days' prior written notice by certified mail, retaaxn receipt requited, has been given to the City of aV tino ("City") . Suxh notice shall be amassed to the City as indicated below. POLICY INKROMCK 1. Insurance may: Y 2. Insurance Policy Wmtber: 3. Effective Date of this 19 4. Insured: All notices herein provided to be given by the insurance omq=y to the City in connection with this policy and this Additional Inzed Iors®mnt, shall be mailed to or delivered to the City at 10300 Tvrre Avenue, Cupertino, California, 95014. I, (print/type ) warrant that I have authority to bind the below lasted Insurance Omq=y and by my signature hereon do so b" this Company. Signature of Authorized Restive: (Original signature rid an all Endorsements furnished to the D1strac Names of Agent/Agency: Title: Actress: Te-lepbone. Facsimile: Cancellation Page 1 of 1 Ib FAMOM M BID TOM ALL MEN BY THESE PRESEM: THAT WE, as Principal, (contractor's name) and as SLWetyl ( 9 caWany's name)_ areheld and firmly bound unto the City of QWertino, State of California, in the sum of lawful mm-ey of the United states, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, sticcessors and assigns, jointly and severally, firmly by these presents. THE CCMI'I'ICM of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated ,19 with the Obligee to do and perform the following work tr-wit: NOW, TEE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WMWF, this instrunwnt has been duly wwa ited by Principal and sa-ety this day of , 19 (To be signed by Principal and S.irety. Notary acknowledgments rmuired) COIMMOR Principal -qwmtlr By: . Rtta niey-In-Fact Mie above bond is accepted and approved this day of ,19 Faithful Ferfmmance Page 1 of 1 CMIRACT FUR PUBLIC WOM (continued) LABCR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, lion, and erection by Principal of more particularly described in said contract; and inccorper-ated herein by reference. %MREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its tractors, 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, TUBE, WE, as Principal, (contractor's name) and , as Surety, (Bonding Cmgmny I s name) firmly bind ourselves, our executors, administrators, success 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 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 dare, and all persons who perform work or labor upon the same, and all personas who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full stem of THE COMI'TICN OF THIS OBLIGATTON IS SUBi 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 per fo mance of the work contracted to be donee, or for any work or labor thereon of any kind, or for amounts due under the UvMloyment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, them said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable atty's fee as shall be fixed by the court. This bond shall iutstire to the benefit of any and all persons, companies, and corporations entitled to file clam under Section 1184.1 of the Cade of Civil Procedure, so as to give a riot of action to them or their assigns in any suit brought upon this band. Labor and Material Page 1 of 2 And the said Rarety, for value readved, hereby stipulatw., and agrees thatno •'. extension • it- alteration or :-.•� .: •. _ mil. ({•_ of contract or to the work to be perfamed Uwram&w or the spWifications acampanying the sam shall in any wise affect its obligations on this tM and it does hereby waive notice of any such change, extension of time, alteration or addit-icn to the term of the contract or to the wcwk or to the Principal and awety this day of 19 (Tb be signed by Principal and Rwety. Notary ad3mowledgnents required) C r. . yR Peincipal `Q Rwety Attorney-In-Fact 0 E. SIGNAM RE PAGE 0 IMUM Cfld OF CURBS, CUrMtS AMID SUMNUM Reviewed By: , Md(ee ✓ ' Public Works Superintendent Reviewed By: Cl�i�" 1 7t C�el Carmen Lyra Bert V' i Senior Ergineering Technician Directo ' of Public Works Signature Page 1 of 1