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HomeMy WebLinkAbout93-015 Street Maintenance Slurry Seal Project 93-104 93-015 STREET MAINTENANCE SLURRY SEAL 1 of 5 PROJECT 93-104 s � RESOLUTION NO. 9558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE ORDER NO. 24 FOR CUPERTINO NINE SCHOOL SITE IMPROVEMENTS, PROJECT 93-9106 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 24 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it is hereby approved in conjunction with the project known as CUPERTINO NINE SCHOOL SITE IMPROVEMENTS, PROJECT 93-9106 BE IT FURTHER RESOLVED that funds are available and no further appropriation is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of February , 1996, by the following vote: Y= - Members of I&QU lcouncil AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Don Burnett City Clerk Mayor, City of Cupertino FE$.12.1595 c 15PM JENSEN CORPORATION N0.035 P. 1>1 :.= 10300 Tone Avenne Cupertiao,CA 95014-3202 �CIty of (408)777-3354 Cupertino FAX(408)777-3e33 Public Works Department CUPED.TINO NI1'dE SCHOOL SITE INUROVEM ENTS PROJECT 93-9106 CONTRACT CHANGE ORDER NO.24 CONTRACTOR: Jensen Corporation Landscape Contractor 10950 No.Blaney Avenue Cupertino, CA 95014 The following change is hereby approved for the Kennedy Jr.High School site: 4A Construct Resttoo n/Coticession Building S 170,301.00 . Total Change Order No.24 $170,301.00 TOTAL.PROJECT: Original Contract S 3,512,500.00 FiECEIVED• Change Order No. 1 3,964.00 F F P Change Order No.2 4,361.00 Contractor: 1 96 Change Order No.3 1,000.00 bange Order No.4 14,370.00 .Additional Award 195,983.00 Change Order No.5 2,349.00 Change Order No.6 7,163.00 Title: _ Change Order No.7 4,688.00 Change Order No.8 (171,00) Date: G 1.11 Change Order No.9' 1,553.00 Change Order No. 10 353.00 Chaage Order No. 11 (23,974.00) Change Order No. 12 13,614.00 City o 'upettine Change Order No. 13 5,364.00 Change Order No. 14 6,629.00 Change Order No. 15 4,256.00 Chao a Order No. 16 5,261.00 Mlls Change Order No. 17 1,271.00 c Works Chao Order No. 18 8,416.00 Change Order No. 19 411.00 Change Order No.20 1 ,605.00) Change Order No.21 17,751.00 Change Order N�oo22 15,3�.00 Chang Order No 23 3,614.00 City Council: February 5, 1996 Chmge Order No.24 170,101.00 ROM M1D CoWiU T S3,939,709.00 Resolution No. 9559 Citm of Cupec+v"o 10300 Torre Avenue Cuix-rlinu.CA 95014-3255 Telephone:(408)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK July 12, 1993 Jeffrey R. Reed, President Valley Slurry Seal Compamy 3050 Beacon Blvd. , Suite 205 West Sacramento, CA 95691 STREET MAINTENANCE - SLURRY SEAL - PROJECT 93-104 Dear Mr. Reed: We are enclosing to you for your files and information one (1) copy of the Contract for Public Works, Project 93-104 by and between the City of Cupertino anf Valley Slurry Seal Company. Your contract was awarded at the City Council Meeting of June 21, 1993. We have also enclosed your bid bond. Sinceirely, ROSERTA A. WOLFE �. DEPUTY CITY CLERK CITY OF CUPERTINO RW/so encl. cc: Department of Public Works E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on `rrk.3U�- �S -•,; �' 1 � by the C"I't'Y OF Ci�PERTIIso, a municipal corporation of the State of Califor,ua, hereinafter called CITY, and Ve'llW Slurry Sal off, hereinafter called 0MnRACrXR. IT IS HEREBY AGREED by CITY and CONTRACrM as follows: I. THE CCNTFVkCP DOCUMENTS. ''.he complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Nonoollusion Affidavit, Bidder Qualification Form, Sub-- Contractors Farm and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. C. Plans and Specifications for Street Maintenance - Slurry Seal Project 93-104 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 motion 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. 7W WCM. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the korx of Slurry Sealing Streets 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, Street - Slurrry Seal, Project 93-104 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 cork shall be perfcazned and ocWleted as mired in said Plans and Specifications under the sole direction of CORMCICR, 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, Mt. Bert J. viskovich. Contract Page 1 of 6 CONrRAC.'T FOR PUBLIC from (continued) 3. PRICE. CITY agrees to Pay, and OoNTRAC'm agrees to acxoept, in full payment for the work above agreed to be don., the sum of Two Amdred Fly Ptxw Umusard Eight RrvIved Four Dollars and Twwty CMts ($244,804.20) subject to additions and/or deductions as providell in the Contract Documents, per Edubit A attached hereto. 4. PEINIl4; TO PA14ffi" FM Should any drip,-'-e arise respecting the true value of the work done, or any work omitted, or of any extra work which C,7MMACimt may be required to do, or respecting the size of any Payment to CONTWIW duriM the performance of this Oontract, said dispute shall be mined either by reference to the Unit Prime 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• PERK=, LAW. CONTRAC M shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and eouply with the laws, mdinanes and regulations relating to the work and to the preservation of the public health and safety. 6• 1 MTMq BY 7M CITY. CCNI'RACIOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where to 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 cowered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at ACICR'S expense. 7. EZM OR WOM AND awms. Should CITY at ary time duruq 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 night to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in a000r+dance with the agreement of the parties. No extra work shall be Performed or change be made exoept by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies Vaose 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. CHNX= TO CITY shall have the right to make changes in this Contract during the eouree of construction to bring the coupleted improvements into oz'a plianoe with environmental requite or standards established by State and Federal statutes and regulations after the Contract has been awarded or enured into. OONMCIM shall be paid for such dwiges either by reference to the Unit t Prices bid, if applicable, or in aaoordanee with the agreement of the parties. Contract Page 2 of 6 oQNn%ACr FOR PUBLIC WOWS (continued) 9. Cie AMENI14M CR ICATICW. 'Phis Contract may be terminated, amended or modified, with the mutual consent of the parties. The ecapensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FM CIJ. All work under this Contract shall be completed in accordance with the Time for Conpletion section in the proposal and the Specifications of this project. If CORMCIOR shall be delayed in the work by the acts or neglect of CITY, or its, expinyees, 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 C7DNr�R'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. . 11. Il 1TCH AM 129r= OF MATERIALS. CONI°RACrM 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. l Z'iW FC R INUMM OR INSCSAINCY. If COMRACTOR 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 cm?n CMR or any sub-contractor should violate any of the provisions of the Contract, CITY may serve written notice upon QONPRACTOR and QoNTwZOR'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 corivations 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 C aUMACTOR'S surety and CONTRACTOR, and the suety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving ikon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not conmenoe performance thereof within thirty(30) days from the date of the serving of such notice, CITY may take aver the work and prosecute the same to ompletion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR and CON.CRACIC)R'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 ecapleting the work, such materials, appliances, plant and other property belonging to C7UNTRACIOR as may be on the site of the work and necessary therefor. 13. != CT1'Y'S REGM ZO WI'MOED C WMIN AMUNTS AND MW APKSCMnaN W. In addition to amounts which CITY may retain under other Provisions of the Specifications until final completion and acceptance of all work W.ered by the Contract, CTT'Y may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against omqntkcI or for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 i CXwTRACT FOR PUBLIC WORKS (continued) 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 CONimciOR, and any payment so made by STY shall be considered as a payment: made under the Contract by CITY to CMMAMOR, and CIiX shall not be liable to CaNTRACIOR 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, CONIT2A= will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. IDIC E AND SFRVICZ 7EEREOF Any notice fran 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 CUPERMIO, 10300 MOM AVENUE, CUPERrM, CA 95014, postage prepaid and certified; (b) if the notice is given to CONrRACMR, either by personal delivery thereof to MRRACIOR, or to CORMCIOR'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 3050 Bemm Blvd., Suite 205, West Sacramento, CA 95691 , postage prepaid and certified; and (c) if notice is given to CONIMCIOR'S surety or any other person, either by personal delivery thereof to CORMCIOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed erryelope, addressed to CONTRACIOR°S surety or person, as the case may be, at the address of COMRACIOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASS IGNMMr OF Cl0NM4CI. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACPOR without the prior written appro al of CITY. 16. CCMPIJIUKZ WIC€ SFqr[FTCPMCJNS OF MRTERIAW. 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 C ON1'RACIOR, unless CM agrees in writing to some other material, prucess or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CON RACIOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. Wes'S AND HAW MIS LIABn,IT9( Imo. C3ONPRACIOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Ecgaloyer's Liability Insurance for all of CCNTRAC.ZCR'S employees euployed at the site of the project. In case any work is sublet, OONTRACIOR shall require any and all rub-contractors similarly to provide Worker's Compensation and Enployer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CJTRACIOR. Contract Page 4 of 6 C WnSEtACT FIOR PUBLIC WORKS (continued) In signing ttus Contract CONTRACTOR makes the following certification, iequirsd 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 1jusured against liability for worker's oaampensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will ccwply with such provisions before =wm--racing the performance of the work of this Contract." 18. ACK3DENr FREVE NrIO d. Precaution shall be exercised at all times for the Protection of persons (including employees) and property. The safety provisions of applicable laws, Wilding codes and construction codes shall be observed. Machinery, ec^ pment and other hazards shall be guarded or eliminated in accordance %.Lth the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Canmission of the state of California. 19. ISLnY FUR THE [IBC. CONI.T2ACIOR shall not be respons'ble for the cost of repairing or restoring damage to the work caused by Acts of God. , C7C.VnMCMR 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 emezgeiizy having occurred in a populated area. Subject to the foregoing, CITY shall rot, 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. IRACTMIS GUARANrEB. CONTRACIOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONIRACIIOR 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 CONT,RACIOR 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 theretram. 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 coipletion of this Contract by CITY, CONTRACTOR will forthteith remedy such defects without cast to my. 21. DEFERRED ALTERGM SELEKMIQ+I. The City reserves the right for the term of the Contract, the deferred selection of none, any or ali alternate bid items at the bid price. The alternates chosen would be for any sites currently under constriction or to be constructed in the future. Contract Page 5 of 6 STATE.OF CAUF©RNIA COUNTYOF.....Yolo............................................................................... On this..........c1i�'%.'...............day of........... ram.................. .. in the year of 19.1 before me, the undersiRned, a Notary Public in and for said State, personally appeared............. personally known to me(or proved sis of satisfactory evidence)to be the person(s) whose name(s)istare subscribed to the within instrument and acknowledged to yr me that he/she/they excuted the same in his/her/their authorized capacity(ies), and that by his&er/their aignature(s) on the instrument the person(s), or the w entity upon behalf of which the person(s)acted,executed the instrument. n` WITNESS my hand and official seal. ........ '- .......................................................................�P........... :.......:..... .. . ..................................... Note ubHe in and ror said 8tata. TM dsuarwd is Cray a 9 Mr kxm addd map be pope tY ua im Orwis frataaebrn and In no wry eras,ar`Irtandad ea aQ.as a eu0a4krb br a adrbe of an anon".The p*W dose rot make aV etfhsr a area or ad'- tt��Ii va3ep prwlManor ws auftaDRp d thaw brma In ay apaol0e vanswUma CCr►dnryi Penn Ne.1 W[.lDGA99 -Cover I O.+iss A CONMCr FOR PUat.U,C WORKS (continued) P.O. IN WITNESS WHMMF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPEMM40 CorrMMOR: VALLEY SLURRY SEAL COMPANY PA 1� ad S By: �FORFYV R. REE PRESIDENT Notary acknowledgaent is required. If a corporation, corporate seal ar, corporate notary ac nowledgemeart and Federal Tax I.D. ar required. If not a corporation a Social :.purity No. is required. 94-2270766 Soc. Security Federal Tax I.D. # f Mayor i 1 Attest_c / City Clark Date: _ - - _ 1 , 19 Ci 'c:lerk APPROVED AS TO FORM AW PFI�URE: 4"Ire City y Project Name & Number: S.W RAC - SUI N SER,, PR MET 93--104 Contractors Name and Address: VAUAW SURM SDI, CCNPMY 3050 ERA= 8L,VD., 1111 -1 Pit 205 MW S WPAMiiiD, Ch 95691 Contract Amount: $244,804.20 Account Number: 110-6404 714 File Number: 98,493.45 Omtraat Page 6 of 6 , , � � � 1 c r 11 • .. ,, �.- • � . . • it L �.. � �: it � _� i i i i .1 s . � L � s l l l • �. _ > � � � . i� -� - s - - � 7 ♦ 11 1 � - j !: � it ■ • u � f � •. l i -. ,. ,� • _ . � • r' • i � • • � y � �. .� d � • i i � 'il � 4l r.. : r ii i_ � � .. _ �. T� � 1. � r � 11 ♦: it � 11 -- � - - � • �, tl 11 • a. � � .. - � � � d i • � � ! • - • - I • * ' , � . i � � 1' � , • = 1. � iI � • ? • _ • ,1 1 • 11� � i -' f' t . .. ,.: ,i � • � � �� it � ' � _ • 11 .. .' • _ . '1 . ' f , t � ,1 I • • .1 t� � • .. MR PAC WCFM Public Liab&Uty - eithr Omd3red single limit of 1.0 million al $y per • S2.o million in the ur moral, liabi.l.ity; aggte. l i abMtys persaiml injury, CO[d3MCt( I 8 aaad sty c' ,. AutcmaWle I iabi l ity 'Ve Cbmbtined Single limit: ®f $500,000.00 covering owned, and hued Per oocanimm. all lies. !,"'JEFFREY VALLEY SLURRY SEACWAW A ° 'fDar_ R. REED d G ( 'SS �) V Y��21 ):3 191f2- Inswame Ag+eema* Page 2 of 2 aar FM roc Was ( ) �u TO THE CT Y OF aFERrIIaD This certifies to the City of 04NWUM that the folly izq des=ibed policies have been issued to the insured named be] and are in fc¢ae at this time. insured: Valley Slurry Seal. Company P.O. Box 1620 West Sacramento, CA 95691 Deac�ipti�t of /locations/ems i[nsured (shm omlaact r��e amdVor ramber, if any) Contract #93-104 VSS Job #93-051 • CIC161219amw *Statutmy min. *1943113YWIS PERMISSIVELY SELF-INSURED liability l ity (name of 3Hmairr) insuramm zany's State l ceme No. Check Policy Type: Each O $ 1,000,000 CCIMEERIMME CAL LIABnM p /mat ms General Aggregate $ 2,000,000 (if applicable) am ( ] ownem Products/Completed Operations protaective Amite $ 2,000,000 Cwtractual fcw 4wific injury $ 1,000,000 Pzadwts I iabi l ity ( ] XCJ Haza>ds ( j Broad It= P.D. Fire lie (any Not Covered l Severability of La*Awest one fire) S Claws [ ] Foerco- nl7uY with Ifedical Fes•_ Hqxl Ls ayee Excl ion moved (any axle person) $ Not Covered or Self-Immxred M C1Mf9§XMkL C;INEtAL LIAHEUM Si 1&tenti m $ Industrial Indemnity (nane of insurer) Fo il-y No.NH9607276 Eqpir_atian Date 3/31/94 Certificate of Insurance Page 1 of 2 1 1 IYI -��i. •�.. - .r: - •L. 1 _ f -1 �.- c �•-. :I -�.�q. .i_'.i- •�. . •I •:•z� �.�� ..tn=:. �- CAN J •�.s..�'.111�•=: I �.:1 _...'v.�=-N' •• ��1. .6:� � •J - :rr '.•i. _ 1 .I '•._ _ •:- - 41. a MAW mll fll+i=_ J. s i 1 •_ ••-DI•7. • • 1 1 i _ is _•' • r �� LJ '•1 i •:._• .•. '.•` off • :�:1;' �-� 1. ,•1 .•Al11:4 I •_ •.�.-. �•4 ►'• �4 •Y •� _ !'• ! w• — •.•.•' • t 1•: '✓'7.••:: J-Jam / FA l D 1:7 of �.�'- -•-• r• _r1 �A .�d: J. •.•:, _.=-ti cI • ♦- •y rs■.• .J', }-• xis -"•1�':..►• =}. al.�?- `" • t•:i - c•. •: •.. ice: an 0 •.-r'.;� •�. _u.• •:, .__ •' r '..• .. • M- w. ■ r.9!. iY�>ri •uric ,•- zo .• J -:•.. •' ..' • -..-t. -.•' :_:) date - �".:1 i�'•.` ) ...,._J . rat: •f rl. •�. • r. - scr • r.l v•;3 • I•' r1 ::r. & •r. ...I •a 'w:• •— 60 11,;•:— 1 1.. 1 11 1 r •, '.• n-.•� r r 1 1 1.� 1 fl l `:• rr 1 Q a .�i,..'. }'r I 10- 1: •.W; .r• out-r ,�v' .• • a• e:•Lt.Ya I L, ; 741� ••t' t CII+TnU= Pit PUBUC WMW (continued) CUNGOML GENERAL i TABlI7TV MMSEHM CF AGGIMM LI80.'i5 OF INSURANCE PER In ccMidwation of the policy premim and notwithstmx1ing any incon- sistent statement iin��th y e��policy to this ^�'ewatt is cir any other' Ki thereto, it is as follows: {�'d Thiiys $a7d��'�effilt �fies�t`he insurance provided ur t e General T.1abi l 7` Coverage part of the iei A-ref policy of Inswance. nm geieral ate limit under LIlDi'1'S OF DEUMNCE applies separately to the project desaribed as Project #93-104 VSS Job #93-051 PRICY Ig 1. Insurance : Industrial Indemnity 2. IEsuranoe Policy Nmbw: NU9607276 3. Effective Date cxf this IR IeIDent: June 30 , 1993 4. Insured: Valley Slurry Seal Company 5. Addit cnal ISmax-ed: City of Q4xwtim, its Di recto r s, Officers, agents and eupIOyees. All notioes herein provided to be given by the Dmura a O=W=W to the City in cmMecticn with this policy and this AdditUMI D=z ed Hfid=semeut, shall be wed to cr delivered to the City at 10300 Tame Avemie, Cqxwtim, California, 95014. I, Marlene Stephenson (print/type rme) warrmit that I hom authwity to bind the belcm listed Y�x any and by my sicfflo t ure bey do so bind this Ccapwfif. S'csr�srI Ire of s Itative: / / ��F �L���i��c�A✓t (Original signatum required an all B I ®Rt furniBbed�— tfl'the Dists-i at) Names or JJggMt/Jk;egy_y: Summit Risk Management Tim,: Principal Address: 2500 Venture Oaks Way, #320 70 : 916 567 8900 Sacramento, CA 95833 Flacsimile: 916 567 8966 Aggregate Limits R I t pie 1 odE 1 awmim FQR P muc wmw (contimied) DICK or PMC Y CANCEILAMCK In of the policy premium and notwithstwiding any irmn- sistent statement in the pole to whuh this Hmkwaement is attad3ed cr any R I sement attached thereto, it is acted as €oUcus: M*jm. The bmwarme aff=W by this policy shall not be o voided, al__led, reeked in coverage cEr in limits, or � I y a3.trw d, swept aftzr*thirty(30) days° prtcw 'written nouns by Otified Mul, r&"t= receipt reqnsted, has bem given to the City of QWartim ("city"). saft notice sal be addressed to the City as indicated below. *Exception: Ten (10) days for non-payment of premium. Pcffzcy IIA�+�AFL' 1. Trsuranm : Industrial Indemnity 2. Imam— Folicy : NR9607276/NB9607277 3. Effective Date cf this F+. da� It: June 30 4. Insuxed: Valley Slurry Seal Company All notices min pmvidsd to be givm by the Inmaanae many to the City in with this policy and this Addit iocaal Insaasad mad , shall be mailed to cw delivered to the City at 10300 Tbz= Avemm, Mpertino, (al if rnia, 95014. 1, Marlene Stephenson (pry/type name) werr�aat that I have amity to band the be] listed Inmzanm Company and by my signatme hemman do so bind this CbmpwW. Sim og jhjt2xwj zed Belz e r enta tive: �'✓' t e _n22r =• .a�, (C2rigiaaal slignatum rid cea all the rdst�) Names Of AgW&/ : Summit Risk Management Title: Principal MIJ q: 2500 Venture Oaks Way, #320 'o'kslbc : 916 567 8900 Sacramento, CA 95833 Famimi lea: 916 567 8966 C. ellati�a Bmk swat Page 1 of 1 r J� rl' 1�t�,`ie�•�' r 5 �1:r��Ji7: 1✓ live r ':1 i}_- '/.L' •.•: is -::1 •/ 411 '! '•'•1 1 t1•1' — ,<� +1• •l ,.-•.: - �M • ^•.;.. • • :_fit. • s•_ 1 •r, fig •r..r: • r_. . .. •:.:.y. . - -•. i:1.;� ..;ill •.n _•-. �•: :1-:' ::.Irk.;.•'.. -rI .a"1. . mc 1 �:� SM'. — I: �I. rl". ✓.'.•-�•:! mil� � • ,ii r: •l •1' All, . , �/: • � - •.f 'r'..l .- c•.. cs: •. J r,•S :Ir�: (._ �"I:1 --.'1 =r `. • r � • :ILL, ♦I: 11 STATE CF CAUFORNIA Fete Vason, Governor DEPARTMENT OF INDUSTRIAL RELATIONS SELF-INSURANCE PLANS 2848 Arden Way, Suite 105 Sacramento, CA M25 Phone (916) 924-46e$ FAX (916) 920-7093 CERTIrICA'TION OF SELF-INSURANCE or woRKKRS , COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self-Insure No. 2106-C was issued by the Director of Industrial Relations to: VALLEY SLURRY SEAL COMPANY under the provisions of Section 3700, Labor Code of California, on August 1, 1988. The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California This 13th day of January, 1992 A H , biar,ager Self Insurance-.Plan$ , MBA:f a cc: Carol Vierra Insurance Administrator BASIC RESOURCES P .O. Box 3191 Modesto, CA 95353-3191 (Original) r4? M9 ► LXTIO��J OF elk olFIF`cE of 21 06_C 2106 ��� i n �a c , is ��to=n�e�� fcvisio�5 of ���►�� OXces L-?-°e'-"'u aeY t1�e '� ted d is �� � � gee ®� �-'r�telatio 11eTe�y g�ao ®f S69 S.. d is S� eA�.•:•-.....or Of �d Cau¢Og��ail . �V's10 That e-� )f the Disect of the State O C '�o a 1equsive of the 1A �i1l5 1S witlti tl' ° 1�as Cot1°t'l�ed to 3105, i;1Cl C9,use s ue' 3 J®O ent t. Self-1t'su�e• ftstj% ®�� 3eCtio`►s f Cot1s at ally time f®r t Sta be revoked ®F INDQF 0 ceYtit'iCate ;day tNwd��� This CeYti6C�'te Rg•."Pa,aI 1 <a SC aorethe cau tirr�for pb�iRatto� titer of tio�at��4u;Aq hi' d a��T��"Xincs lto,osa tia0 vkela!dpyer ;;a;,itva1t rt to plot Rsation ®i r ode 01 � iaR'for the hto WAbe revoked tan �. raked by et�,tpioYO•t$seof a��t�t r 1c) Disc cafe tr,aX Y o4 s� dilluoe tto% t low.. ( $ • t fit► ►t mitt tSol t it �l's°met �ti�a 30 0 d�� comRe tior� o� �,tili�te o the i�npa inisteat ;ecs tba Rtvv`atin"„ $ection try awed tr— Atue th�nF� a m aceev, hi, co hi lr►'►v� Z r .fi�c�•u�ytion° Gins ucles,i %nt in� r�mt+c^q°t(b) D'cchal`IL deaatte�ia01tiosn of 'ae° he s h emP�� ucnti; ctl,c�cO"'pcR�'°h'. the"C.7ee clo-V ot q,►A arinM•CA* pra;.e I mOtR cr tR �cor as to caU Aidn�i stotive io) nner is a r 1iC;It iORS ccwith0000 e g' �titorn noncDmpUaR ¢alto STATE OF CALIFORNU COUNTYOF.....Yol®. ................................................. On this.......................................` day of. ......... ....... in the year of,9.0 before me, the unde . ed. a,�FRtary,,Public in and for said State, persora��y appeared...................... ..................�� K•V ..........................................................,personally known to me(or proved on the basis ofeatisfactory evidence)to be the person(s) a whose name(s)is/are subscribed to the within instrument and ackaowledged to me that he/she/they excuted the same in hishker/their authorized capacity(ies), and that by his&erhheir signab ue(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,ezecut d the instrument. WITNESS my hand and official seal. '7 -... ............................................................................. .... ..................................... ....... . ................................. Notary pa in and toe said met& Thb dmwnwa Is or4 a 9mmal brm aAidr may bo MW br nw h gkrg&sanoa and In no"am or k 4aw ded to @a as a aftftw ftr fro aM w of w d ownay The prfrlar dodo As nv*o a V .ananli,ai'ai saieoa«�a�as b b ra6d9r o_Pr�pror4rlon«rir arAa�ty d traaa brnrn b.ny.poa/o tarwaeYws Q�o�dnryti Poem No.!Ot!—ACi@POIDiJMl+10tT—Qoaatal tlPariard lJP� }► CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTissssss ti Slate of_ California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Sacramento T11^Wa^in .�doo�A01 data Wow.o��ing � . rwarswNta to pwsorw I*"an Na doasr"l On 6-23-93 belore me, Tina N. Ha �lotar Public; ElINDIv1DuAL PATE NAME,TNT E OF OrF.tiE i-E C,'JANE .NOTAAr Pilot C' CORPORATE OFFICER(S) personally appeared Pam eta 1_ Paine NA ME(SI OF 91GNEA(S) TITIE(S) (�personally known to me-OR-El proved to me on the basis of satisfactory evidence ❑PARTNER(S) E]LIMITED to be the persons) whose names) is/are 0 GENERAL subscribed to the within instrument and ac• ATTORNEY•IW.FACT knowladged to me that helsho/they executed ❑TRUSTEE(s) the same in his/her/their authorized GUARDIAN/CONSERVATOR -gapacily(ies), and that by his/her/their �--T OTHER: signature(s)on the instrument the person(s), t� DNA N. HMOY Jor the entity upon behalf of which the C&m• fl 956984 Sperson(s)acted,executed the instrument. • NOTARY PUBLIC•CALIFORNIA SIGNER IS REPRESENTING: Setremento County Ji MWE OF F•ERSOMS9 OR ENTIFYIIES) lily Cartm.Exprres Mey 31, )996 -WITN S hand an official al. Safeco Insurance Company of America FJGNATUN@ 01,NOIAIIr .r OPTIONAL SECTION Ina nd THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ! THE DOCUMENT OESCFIBED AT RIGHT: NUMBER OF PAGES DATE OF CUMENT Trwupn the data raquaslwl tauu Is not loqu11.d s law, SIGNERS)OTFIFR THAN NAMED ABOVE itC,wkl ptevan!IldUdulen)Iuo11�CINlwn1 UI IIHS ItK111. - rrW un 111 Inn1 110 1.,u•r,Yt•A I.ni:•it u. n�0 I'I I II—r ln.l cr,vl'urI nnl Band No. 574 1639 Premium: $1,224.00 FAITHFUL BOND FEW ALL lei BY THM PIUMM: IT ME, VALLEY SLURRY SEAL COMPANY as Frirlcipac�, ( ma's ) and SAFECU INSURANCE COMPANY OF AMERICA , as (banding zany's name)- are held and firmly bound unto the City of Cftitn, State cif C.aUfa is, in the wm 0f Two Hundred Forty-Four Thousand, Eight Hundred and Four and 201100 Dollars lawful mmey of the Uhitedl States, for the p3p=& c t xd l will and truly to bp- s we bind cur elves, our heirs, executors, sueoesscirs and assigns, jointly and severally, firmly by these presents. THE COMMM of the foregoing �.—�ligatim iis} SUCK that, yy� �a, the. Principal � entered into a �6� � City dated June 22 ,19 93 with the CAb Igee to do and perform the following work to- writ: Street Maintenance - Slurry Seal NOW, , if the sad principal shall well and truly perform the ucr-k 0ontz to be perfcrmd =k r said contrast, then thiK �---ligilt ion shall be void; cerise to min In fall fame and effect. IN WMEESS WEMMF, this irwtnmmt has been duly executed by Prizi pa and sty this 2 3 day of one 1993 . (To be signed by Surety. Notary adcwwleclts required) r URR SEAL UMPANY By: _ .lEIFMPY R REIRD principal PRESI®EW SAFECU INSURANCE COMPANY OF AMERICA Surety . Sy. Pamela J. Paige The above bond is acoepted and this — day of ,19 Faithful Performance Page 1 of 1 ■ SAFGco oNSunArjCE CO&WANY or AMERICA ROB a6E► MAt. INSURANCE COMPAav OF A&SMICA OF ATTORNEY a�ME a1FrCE SAIMCO PLAZA �® SBATT`E, wASNiMTON $810 Isom. 9399 KNOW ALL BY TWSE PRESENM That SAMCO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington oorpmation. does each hweI7 appoint r r a r r r r r r r r r w r r r r a r�rrrrrrrrrrrarrman rrrrrrrrrrrsrrPAMELA J. PAIGE, Rancho Cordova, CallforniA its true and lawful attorney(s)-in-fact with full authority to execute an its behalf fidelity and surety bends or undertakings and sthss documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31 s t day of March 1993 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and cf GENERAL INSURANCE COMOA.NY OF AMERICA: *Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President any Vice President the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power--of-attorney appointment is in full force and effect tfte signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 1, R. A Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto sot my hand and affixed the facsimile seal of said corporation this 23rd day of June 19 93 S-0741EP 1193 ® Registered trademark of SAFECO Corporation. •f'r'r_7 rr• - •1. =.c.tit:_. c�• .lc•" 'fit •I ;•• OF 0 Of 1. :•., ..• • ••"I{.•- - MIL' ••J •111I:: •.- •1 r1.` •!' • •1.�'. .�•� -•' .-M _:• • -•' �:1�.• _�• •} -•.J •I..il�_•' I: •-.'mil ••. ■.- .:M - . •.•. If '• �•' ...1:`• .�•1' ••,f . _• •. • •J... /♦: i� • •_J •1'•]t .'.I.' OF . •.•I I•.•.. _ �!:11"I -• :•J" •' r1 is �• •'r1.J' .•.11 •- � - LLF •l Ll r 1 1 • • 1 L •1 • 1 1 11 11 :1� t s'.••s ■ '. :•.I '1.'- '�-tr• It •1 . rru' ■ •I" .••-� al: •i' ^tiff •i "�. •'. •.: '•, .1 it - J •I •.. ..• '•1 • - ':•-U •.'- • :.]- 1•4 OF OB34 .!' • a • .:111 •:tt_ .1. :..• 1- •.J: r It •1 '•,•, ••.' ■' ••'_ •. 1 so r • •:Cy I,•t•.. T •.•. •. r STA`"F OF CAUFORNIA COUNTYOF....»xo10................................................... ................. On this.........A.�.Y-�...............day of....�i..........".......................... in the year of 19............. before me, the and ed. Notary, Public in and for said State, personally appeared...................J e K . .............................................................personally known to me(or proved 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 that he/shelthey excuted 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 entiav upon behalf of which the person(s)acted,executed the instrument. ,T WITNESS my hand and official seal. .... .......� ....................... .. ... IQe4wry• ®ik In and for State. » » Im d=unun Is o*a gsnwN/wm—1id may be propn for use In sknp4 san wftn and k:M wsp acts or k buwded fo set as a wR»ArM kn to dAm of an may.TAM Vb"does nw mNu any enrttatQt Nlaw eapresa or Yt ladl so to to Ispd va59lty of��rraa��r prwhbnot na suiabW of Kass l m s k+any epeeMe terser m CoaBrgsRnemNA.! ACKNOMOMOMP.Af°[' CNMG I(RetafaedUM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.alw State of California OPTIONAL SECTION ff CAPACITY CLAIMED BY SIGNER County of Sacramento Though 6 shft does Ad fegt*a ore No"to fill in the data below,doing so may Prove 4wahmWo to poitio ss Nttoxj on the document. On 6-23-93 before me, Tina N. Handy, Notary Public INDIVIDUAL DATE NAME,TIRE OF OFFICER-E O,'JANE DOE,NOTARY Ptf1t.IC' [�CORPORATE OFFICER(S) personally appeared Pamela J. Paige tiAMEisi OF slo"Enisl TITLE(SI personally known to me-OR-L'l proved to me on the basis of satisfactory evidence ❑PARTNER(S) (]LIMITED to be the person(s) whose name(s) islare GENERAL Subscribed to Ilia Within instrument and ac- ®ATTORNEYAN-FACT knowledged to me that helshclthey executed ❑TRUSTEE(S) -4he same in his/her/their authorized ❑GUARDIAWCONSERVATOR cap aciIy(ies), and that by his/her/thoir TINA N. HANDY 'Usignature(s)on the instrument the person(s), �OTHER: Comm,ft 966984 4or the entity upon hehall of which the — NOTARY PUBLIC CALIFORNA a person(s)acted,executed the instrument, Sacrfunetnc County SIGNER IS REPRESENTING: My Comm.Wires May 31, 1996 WITH and and official meal. NAME GF rERSON(SI OR fNTtTY(tESI Safecolnsurance Company of America SIGNAIMt1E OF NOTARY ina 14dy .,>fin OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT TI IF DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OPfkUMENT L�TI"fi the data tequestad hoto is NA tequbad by law, plovent kal hJu i tonl(acrulwnt of this kam, SIGNER(S)OTHER THAN NAMED ABOVE _ 01992 NATIONAL NO(ANY ASSOCIATION•8236 Raqunel Ave.,P.O.Lbw 7184•Canoga Palk,CA 01309-7i84 awmpmFUR PU3UC WMM ( ) And the said Suety, for Value received, hereby sLipaates, and alb that no c2orgje, extension of time, altsratim Cr ad3editim to the tm m5 of the fact or t® the wcmk to be p 3fr-amed thereunder cir the spec3 ficatiom Em"Y"Zi the same s wl I it any prise affect its on '-his bow, and it des hmeJV wive notice of any suds dzange, *ion of t.2Me, alt i�aea as addition. to the ter of the arsttPact or t4 the adxc tar to the ca&an s. IN W=4 S.S WERRHOF, this 2intruwnt has been duly by the Pri*X:iP 7 arid Surety this 23rd day of June , 19 93 . (To be signed by PrincipalTNY Notary �IOG11 1t�.S required) VALLEY SLU CO by: JEFFREY R. i rinaip i PRESIDENT SAFECO INSURANCE COMPANY OF AMERICA Surety lFla -. ae Pamela`J. Paige The abae band is aaoepted and appc owed this , day of ,19 Labcst and Nater2a1 Page 2 of 2 POVAR SAFECO lNbURANCE COMPANY or AatERICA GENERAL IftSURANCE COMPANY OF AiAMMICA OF ATTORNEY NONE OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON aalep p� 9368 KNOW ALL BY THESE PRESFUM- That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL. INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereb F a�point NNNppNpNp tltlpppNN hhthp ■ ■URN■NtlpNpNNPAMELA J. PAIGE, Rancho Cordova, Call (ornia"ONNNNNNNpppppppp■ its true and lawful attorneys)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings end other documents of a similar character issued in the course of its business, and to bind the respective company theroby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31 s t day of March , 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA:- 'Article V. Section 13. - FIDELITY AND SURErf BONDS . . . the President, any Vice President the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'Can any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile, and fhe seal of the Company may be a facsimile thereof.' I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that to foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of teas corporations, and of a Power of Attorney issued pursuant thereto, are true and correct and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile a" of said corporation this 23rd day of June 19 93 S-9741EP 1193 ® Registered trademark of SAFECO Corporation. BID PROPOSAL SI'R= MA►IVrENANCE - SILRRY SEAL PRn7ECT 93-104 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPEWM10, STATE OF CALIFORNIA Dear Sir: In oompliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of Cupertino Project 93-104 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and end 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 riot 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 complete the Slurry Seal Project, Project 93-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 40 working days. 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 calendar day's delay beyond the times established in this proposal for each and every portion of the ccepletion process described in the time for cxmpletion portion of this Pal 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 P.M. or. each calendar day of the project. BID PROPOSAL PAGE 1 OF 9 BID PROPOSAL (QOMUNUED) 2. Wi+•hin two(2) hairs after each street has been slurried or overlaid, I shall be responsible for accurately locating anti installing temporary cennterlines, two-moray barrier, two-way left turn lams, left turn pockets, bike lams, travel lanes, and other striping not solel.� limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($150.00) per calendar day for that current day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the tenporary striping remains incouplete. 3. No permanent striping shall be installed for seven(7) calendar days after the street has been slurried or overlaid not including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permanent Striping shall be installed between the eighth(8th) and the twelfth(12th) c-Alendar days. 5. on the thirty-mrith(13th) calendar day following the slurry or overlay of each street, I shall be responsible for having completed the installation of the permanent striping All centerlines, two-way barrier, two-way left turn lanes, left turn pocwts, bike lanes, travel lanes, limit lines (stop bars) , legends, speed limits, and other striping not solely limited to them patterns or legends as shown in the Standard Plans dated July 1992, of tie State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay pie City of Cupertino the sum of one hundred and fifty dollars($150.00) per :lay for that day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the permanent traffic striping, markings, and legends remains ixxxWlete. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the contractor's assigned, �, and sureties shall be liable to the City for any excess. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. Ccepletion of entire project forty(40) working days from Notice to Proceed. k rMAMM QI74=ES The bid prices for this project shall be as outlined below Bid Est.Qty. Item Unit Item chit Price _Total 1. 4,981,887 S.F. Type II Slurry Seal $� Dy /S.F. $ 1'5 Ale Z)PR.� " ):z*y , cturS Per S.F. BID PROPOSAL PAGE 2 of 9 BID PROPOSAL (CONTINUED) Bid Est. Qty. Item Unit Item Unit Price 'Total 0 2. 3,975 L.F. Remove Traffic Striping $ 4,So /L.F. $ g�7 Sr State Detail 23 City Detail 13C State Detail 38 State Detail 25 A10 Dbtae& /evb F.�cry tears Per L.F. 3. 46 EA Remove and Install Traffic Pavement Markers $ g /FA $ 1ag Typo saoc M-e wry cewrs Per EA 4. 247 EA Remove and Install Blue 8o Gf Pavement Markers $_SEA $ 671 Two DOuAtas a�� E.z 4AP Gg�/rS Per EA 5. 162 EA. and 1Arrows Traffic Legends $ VZ5®� �D® stop �- Yield Speed (25 & 30) Arrow Tta�vrY ✓� A 0>00A S A Ub Xg5Zo cabs Per EA 6. 9 EA Install Traffic Legends $ 1S _LEA $ Set Stop Ahead SEr Slaw School Xing R:VE [DOUAgS ANb NO c6VT'5 Per FA 7. 4,075 L.F. Install Painted 1201 ®o White Traffic Striping $ /L.F. $ 7� OAlL: IbM AP- ANA A!® ezA.7s �— Per L.F. 8. 1,715 L.F. Install Painted 1201 Yellow Traffic Striping $ /L.F. $ l-71 814'& --4a"t AM6 itlo C.��OYs T Per L.F. 50 9. 900 L.F Install State Detail 1 $ '� /L.F. $� Ale A-,&AD /C.trr7y cgio--C Per L.F. 10. 1,160 L.F. Install City Detail 13C $ /L.F. $ lg5 e f(D bv Ilf'Q DoccAGs A-tlb .SrKtZiFA! \`bJ Per L.F. GL r BID PROPOSAL PAGE 3 OF 9 ESTD9X D QL Vn=ES (continued) Bid Est. Qty. Item Unit Item Unit Prig Total ,N5 Sd 11. 7,230 L.F. Install City Detail 23C $ C • /L.F. $ 3Z�53 ko C,(Xv/S Per L.F. 12. 1,270 L.F. Install State Detail 25 $�/L.F. $ 6-3••S tie, l�tZaPa pWo �^ty C�i�/lS Per L.F. O eO 13. 268 L.F. Install State Detail 27B /L.F. $r Pea., L.F. 14. 915 L.F. Install State Detail 38 $ /L.F. Per L.F. � ®o 15. 172 L.F. Install State Detail 39 $ D /L.F. $ ww GbGtAr-ks Per L.F. 50 0 16. 96 L.F. Install State Detail 39A $ ® /L.F. $ Bja Age ?2rj y cr.21r3 Per L.F. is Flo 17. 1 L.S. Traffic Striping Layout $ yo7a3 TL.S.$ a2. �vtr��/ T�s4u� Tc•�o �vy/�c.�_Tf/�2�'Y �uO �� L>@cu®.�S. Per L.S. TOTAL BID $� ALTERNATIVE BID 1. 4,981,887 S.F Latex Modified �(�� Slurry Seal $_e2�OZ-5 /S.F. $v2 '1�*2-' 211E V BID PROPOSAL PAGE 4 OF 9 J3 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, car corporation making a bid for the same work, and is an all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Wanks of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check o bid bore] ' the amount of $ as required by law and the Notice Bidders (10% of bid amount) PROPOSAL PAGE 5 OF 9 A. BID DOLLBUM'S (continued) BIDDER qJAMFICATION FIOM in further compliance with the specifications furnished, the undersigned su*mits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in busines.a under its present name? a 5 Twff (2) How many years experience in work cmiparable with that required under the proposed contras has your organization had by this or any other name? a 5T-C � (3) contractor's Lieenso No. LIC.#293721 A&B State of California, Classification EViration Date MARCH 31► 1995 . (4) List work similar in character to that required in (0 the proposed contract which your organization or personnel in your organization has c=pleted within the past 3 years. Year Class, Location of Work and for Wham Performed Contract Amount L2�,�- _tb atta BID PROPOSAL PAGE 6 OF 9 A. BID DOCUKWM (continued) Name of Pressed , if any (Section 4104, Goverrffent rode) 2. 3. 4. 5. 6. Address if Shop or Of�iOe of Sub-Contractors (Section 4104, Goverrmant Code) I. 04W I IDY� T S LA-^V - ��� LO,ej)OUA C-4- 2. 3. 4. 5. 6. Work to be Performed by Sib-Contractors (Section 4104, Government Code) l-7 2. 3. 4. 5. 6. BID PROPOSAL PAGE 7 OF 9 ` S Z A. BID DOCUXWM, Continued IF YOU ARE AN INDrMXIAL, 90 S' ME. IF YOU ARE A FIRM OR OD-PARINERSHIP, STATE THE FIRM NAME AND LIST 7HE NAMES OF ALL INDIVIDUAL CD-PARIVE RS C01POSING TME FIRM. IF A CORPORATION, STATE LEGM NAME OF CORPORATION, ALSO NAMES OF PRESIDENT, SE)MMTM•-242FASURER AND MAN WM. THE CJORPORATE SEAL MUST BE AFFI)(M. 111E INFORMATION OQNnUNED IN THIS BID IS BEING MADE UNDER PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: .9EI=FREY R. REED Ca-Paz'tnarsh�p PRESIDENT Oorporation �IA TAW LOREIN L. CLANCY Joint venture SECRETARY Other WENDELL REED TREASURER Name and Sign*oBidder: Y R. REE PRPUT ALAN BERGER VICE PRESIDENT )Address ion ate) : P.O. BOX 1620 3050 BEACON BLVD.,SLATE 205 WEST SACRAMMENTO,CA 9M Tell Number: ( ) (916)373.1500 Date: ur'f' Addendas Received: 3 4 5 BIG PROPOSAL PAGE 8 OF 9 . . -rATIP OF CALIFORNIA BOUNTY OF.....Y010............................................. ..................... On this.......VqA-1................day of..� . ........_ in the year of before me, the undersigned. a Notary Public is and for said State, personally appeared.................... �'�-� R. ................................................personally king, to ale(or proved on Lhe basis of satisfactory evidence)to be the person(s) ame(s)istare subscribed to the within instrument and acknowledged to rath t he/she/they e:cuted the same in his/her/their authorized capacity(ies), and- t by his/her/their signature(s) on the instrument the person(s), or the f entry pon behalf of which the person(s)acted,ezecuted the instrument. 'MISS SS my hand and official seal. hN dwuffwM M Of*e Wwd been slid►may be pro"br use to shrb osmc9an end ee no way eotr.or Y burded to*a d a arDa4irt be 00 adAM Of an MOMY.1M FMW don fat mdu NW .nrafgr,dtlea eKpraa et:YtplaQ s b!n Iqd wtlsy o��f eea�rr OraNtron ar iea e�Au�'d mrw beery!►sry rp�e tewaa�► . bod 4 Rnne Nf.100 ACKNO DOMENT—Ooaerr I(Ravimd UDM e; NONCOLLUSION AFFIDAVIT TO BE E== BY BIDDER AND SUBMIT 'r.D WITH BID State of California ss. County of Ot(D JEFFREY R. REED being f irst ,,#MWjk g&WW and says that he or she is PRES QKHT of ACN IMENAMW9W y the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, ccmpany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put Lii 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, cotmeunication, or conference with anyone to fix the bid prig of the bidder or any other bidder, or to fix any overhead, profit, or cast element of the bid price, or of that of any other bidder, or to see any achantage against the public body awarding the contract of anyone interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ccagpany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: JEFFREY R. REED S gnature) Date: �l,Q 11R 9 3. rA SLURRY SEAL COMPANY P.O.60 1620 VWSMMW^CArA91 BID PRDPOSAL PAGE 9 OF 9 AM .. ATE O CALIFORNIA itiNITYOF.....Y010.............................................. 4n this......... ..........day of-.... ........... ....... in the year of 19..E;3 before me the unde s' ed, a N Public in and for said State, ersonall ► ► p Y appeared.............. R personally known to me(or proved on a basis of satisfactory evidence)to be the persons) - _ -- a name(s)is/are subscribed to the within instrent and acknowledged to ` i. '-AL me at he/shelthey excuted the same in hie/her/their authorized capacity(ies), , d t by his/her/their signature(s) on the instrument the person(s), or the r;tw;�iw enti upon behalf of which the person(s)acted,executed the instrument. 9. 199 SS my hand and official seal. ................................................... ....... . .. ....../*`--1- ......................... Nola+ for said scat& muss is o*a Vm W brm widd may be papa for use b dmprs twuw n and In no way acts or i kworibd r sa■a a auM9ub br ar Juba of an own".TM pMbr dose not mdw WV a%scars sayrsa«►npledl as b i,.eagim a idtq or aannd�poddon a!u wob"ly d arcs lama b any apKOe Y.ruartir. Nryti Gevas Ns.d ACfQ80 0QlAF.N'P—Clawral Mvvisad M) CITY OF CUPERTINO INTERDEPARTME.N'TAL Date JULY 6. 1993 To_ CITY CLERK From _ PUBLIC WORKS--Sumi O In:ormation ;MESSAGE: STREET MAINTENANCE--SLURRY SEAL, PROJECT 93-104 0 Implement (CC 6/21/93) �] Investigate ❑ Discuss TRANSMITTED FOR PROCESSING ARE THREE SETS CONTRACT DOCUMENTS. ❑ See me D Reply SM CQNTRACTOR: VALLEY SLURRY SEAL COMPANY 3050 BEACON BLVD. , SUITE 205 rr>:em cenvnr��Tan rn nst,Qt Reply: SIGNED: DATE Forward part 1 Retain part 2 NSU;za,4CE CZ�ma:..tiY OF ..tin_ CA ®'�►`"� Gr.vEi�-t NStl:,,;N,-E CF FFips, tau.->vT4.'-L NSUAANCE pF :.ME;;1C.a NC mr, OF F iCc; S-F_CC: Pt-:,,,La SEATO—LE. VVAS;,NG'CN Se';eS BOnd B1D BOND Cor.fa^+a with i.�"! Ar,.o,-icmn Erx".;o of Arm l:oc`z, A.lA. Coctmeri No, A-310 KNOW ALL BY i ES PY.SEN- S, iat -e, VALLEY SLURRY SEAL COMPANY P.O. Box 1620 Vest Sacramento CA 95691 as Pr,.acl ml, bereinafter called the Principal, ,and *-' a Sn.-PCO iNSU;L NC:. COMP kNY Or AM _;UCA, of Seattle, Wash-i gtan, a carporatica duly orgzn'-ed under Lie laws of lie Slate of Washington, as Surety, bere*=lter called the Surety, are held and f--=ly bound tato City of Cupertino 10300 Torre Avenue, Cupertino, CA 95014 as Obligee, herei:after called the Obligee, L1 the s-,= of 1026 of the total amount_bid - - Dollzs (S11111111111111111111111), for the -zy=eut of whica r well and t :ly to be .-.ace, the said P::nc:mil 2.1d tree said S:.:ety,bird o6L selves,o.-.r heirs,exe^_ tors,ad-`=s+:atcrs,sac esw:s.ad t�igcs,jointly aid severaiiy fir^!y by these?:es-z:s. W '?S, the :..ncipat has submitted a bid for Street Maintenance - Slurry Seal, Project #93-104 i NOW, i r^P;.FOREE, if the Obligee shall ac:ep: tare bid of the a:d te shall enter is to a CoaL-act c_ith the Obligee is ac=rdaace with the te:._.s of s.:ch bid, a:_d give r,ch bcod or bonds 2s =—y be specified in the bidding or Can act Jx:�e:s with good 2rd s fficieat s:-et-y for the fziLful pe:for---nce of ssca Goat-act aid for the pracpt of Iabcr zad m_ter ial furashed in L`e p.osecuticn thereof, or in the event of the failure of the P:iac'pal to eater s--ca C=L-=ct and give reach l�;od or 1cads, if L'-e principal shall pay to 1`..e Oblige•e the d:ffereace not to exceed 'Se pe:slty I ereof between L zneLnt saecified in nid bid and such 1-oe: -=cunt for which the Obligee =2y in good faith c nL-zct another sty to perform tie Wcrk cavered by s`id bic'., then this oblie tin❑ shzll be null and void, otherwise to re:.zs in fe11 force zed effect. 1 19 93 >TATE OF CALIFORNIA OUNTYOF.....Y010................................................. ........... On this.............�..:.t f -........... day of..... ........................ in the year of 19..9�., before me, the undersi T!�,d a Nc tar r Public in and for ,said State, personally a ,� 1tRa.AV................ ....., personally appeared....................'SC- P ...................... ...... - . ;o me(or proved on the basis of satisfactory evidence)to be the person(s) �T <w-Kos j name(s)is/are subscribed to the within instrument and acknowledged to '( E a3e that he/she/they excuted the same in his/her/their authorized capacity(ies), / find'that by hialher/their signature(®) on the instrument the person(s), or the gq t upon behalf of which the person(s)acted,executed the instrument. W11 SS my hand and official seal. ............................................................. ...... �� ..... '.... _................................. Notary pubtk In and fer otid State. dxaiuwwu Is w*a Wmal loam uldd map to oroDer tar use In"YO*oo nat0 n rot In no enp pets,or Y b waled w art u a eLfttarto br to at% ot w Acoinq.Two p%w door rot m"xV aeogi dew open 0 hooa as tr"wow.amtp m�n�r poaol«,«no ail eerp a ewe bm.h.rq rp.ese vrwasetn dnryls For=No.10G-AC19'1OWLEDOMLNT-000ewt t WAwd IMM S:.F_CO h:SLif,sNCE C ?:.11;1 -IF �vt,;.IC:. GENE^+%-L N5UP_'_NCE C?MP Y OF :.tnER1 O FAST N,AT O's:. :..vC:L NSUnE COMPA-W SAFECL'+ OF AAAEaIC.A 'r+rCmE OF F ICL S:,r E CO Pt-.:,za SEA�i LE. w.:,$ ttiG'•"Cs� S8 t B5 Bond BID BOND Car.for-ns with T.tio A^orican IrY't=a of Arc—'•%itoctz, A.11A. Cocsrna t No. A-310 KNOW ALL BY T :=r- PR=z_N_-'S, 1 at we, VALLEY SLURRY SEAL COMPANY P.O. Box 1620 West Sacramento, CA 95691 as Principal, berei:after called the Principal, and the SAF r'.CO iNS'L;R4NC' COMPANY OF Aivl _iLTCA, of Seattle, W'ascinglaa, a corporation duly orgaased tinder the Laws of the State of Washington, as Surety, berei..after called the Surety, are held tad fir^ly bound unto City of Cupertino y 10300 Torre Avenue, Cupertino, CA 95014 zs Obligee, berei:Lafter died the Obligee, 4 Lz the sue. of la% of the total amount bid for the pz3=eat of w!:icb == well and truly to be =ode, the said ?rincipal and the said I� S::rety b Z ourselves,c::.:be s,executcrs,ad='!st:ztars,s-_c`eswrs zzd t=:g:s,joi:tly xnd saver ally,f::=!v by these?r ese:s. 1 t"i.17-7RE S, the Principal 1—s sub=i;te-e a bid for Street Maintenance Slurry Seal, Project #93-104 I � NOW, THEREFORE, if the Obligee s:.zil a cep. a bid of Le P._.c cal azd tie "Fr—i-cipal shall eater Litz) a Coat act wit the Oblige-- is acrdance faith the te:..s of such bid, an give such toad or beads zs r--y be specified in ize bidd g or co Co-' act Documens with good azd sufficient surety fcr the fait!iful pe:for:once of rich Contract aad for the prac,;t ::zy=ec; of ltbcr and m zterial ft cshed in the prasec:tion there<)f, or :a the eveot of the failt.re of the Pr uc:pal to enter i .:� i t .W difference I s:cta run c; zad vivo rich bond or bcc_, if t_.e .._._.ra. scz1I pzy o e Obligee the ce:sate not to exceed 2Se pe:zl:y ."Ierebf �tweea t^e z=cunt s-r cifie�' in said bid znd^s ch Izger zmcuat for which tie Obligee =zy in goad faith c nt.-zet wi;h zaotber p:r;y to pe.fcrm the Work covered by said bid, tser, t s obligatica s:_ell be zuIl zad void, oLSer w ise to re.:.zin is full `crce aid effect. 44 Signed z.:d sealed this 9th day of June , 1g 93 l I 1 VALLEY L1lRRY SE L COnsPANY (Seal) Witness W;' By:: �PRES16ENT Title N I Wamela'J. R_,kx OMPANY Or AMERICA Witness P ige Attorney•Lz-Fact 0 Aeol9iereo trsoentri o1 $nF.CO Corpordt.orn. t!�7 3/90 PAINTED IN U.S.A. POWER SAFECO INSURANCE COMPANY OF AaIERICA t Fp�sFcPL of AMeR,cAOF ATTORNEY OUE OF,r SAFECO A A ® SEATTLE. WASHINGTON CaraS r �KNOW ALL BY THESE PRESENTS: 8368 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL. INSURANCE COMPANY OF AMERICA, each s Washington corPcrstion, does each hereby appoint Na NNNNNk NM■N NNNNq NN N Np IINNNNNNNNNPAMELA J. PAIGE. Rancho Cordova, CallfornlaNNNNNNNNNNNNNNANNa its true end lawful attorney(s)-in-fact with full authority to execute on its behgtf fidelity and surety bonds or undertakings and other doctaalsrTts of a similar character issued in t91e course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURE" E COMPANY OF AMERICA have executed and attested these presents each this 31 s t day of March 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of simiur nhariamm, fee.n.+ d... .&,- .. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r10 ataT Slalo of California ®OPTIONAL SECTION aninsai CAPACITY CLAIMED BY SIGNER t County of Sacramento ITtotyrt Statute dons not 181?*8 the Notary to —_— Ii11 In the to pa senor. Voolng the may prove YrveYwlAe w parsons rtrying on the tkx'umont. 6-g-93 Tina N. Hand Notar Public INDIVIDUAL On _-.before roe, Y y ❑ DATE NAME.LIRE OF OFrICER.E O.'JANE DOE.NOIARY PUBLIC' ❑COFlPORA7E OFFICER(S) personally appeara(l__ Pamela _p e___ HAME1ti)OF 51ONEntS) 111LEts) �J personally known to mo-On-❑proved to me on the basis of satisfactory evidence ❑PARTNER(S) ❑LIMITED to be tho person(s) whose namo(s) Ware C]GENEHAL subscribed to the within instrument and ac- ATTORNEY-IN-FACT '�IovJtedgod to me that he/she/thoy executed ❑TRUSTEE(S) — -� 4he sarne it) his/hor/their authorized ❑GUARDIAWCONSERVATOn a TINA N. HANDY 13 (Tacit fos y( )t and that by his/her/their oT11ER: Comm.A 966984 gnalure(s)on Ilia instrument the person(s), �'+ t NOTARY PU3LIC.UWFORNIA ;it Ilia entity upon behalf of which Ilia a v`� Swromento County erson(s)acted,executed Ilia instrument. L ♦` `Y MY Cotntn Expires May 31, 1996 SIGNER IS REPRESENTING: tIVITN S my hand and official seal. NM4E OF PEIISONIS)OR ENTITYIIES) Safero Insurance Company of America SKiNA,URE Of NOr ina I�l. OPTIONAL SECTIO xxx IIIIS CElil IrICATE MUST fit:AI-TACI1r. O II11.E OR I YPE OF DOCUMENT IIIL DOCUMFNI DL::CnteL 0AT Ill(.I Ir: NUMOL•ROI'PAGES r DATE O CUMEN: 1 huixith tho data letpwstal hwe is a01 rwpdred by taw, I1 cwdd ptr vnt hatukdwr rorttactwttlM o1 era loan SIGNL•IA(S)OTHER THAN NAMED ABOVE C A11UN•07a1r nummal Avo..PO.Ilea 7104•Cern,ya Pad,CA 01309410+ POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:. SAFECO PLAZA am® SEATTLE, WASHINGTON a/tab NI16 9388 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMEnICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint RRRRRMpRRRRRRRRR RRtl a RRNRRRRRRRRRPAMELA J. PAIGE , Rancho Cordova, CelifornleRRRn RRMRRRRRa RRRRa its true and lawful attorney(s)-in-fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its Iwsines„ and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31 s t day of March 119 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA- 'Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as anorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company ;i the course of its business . . . On any instrument marking or evidencing such alppointrnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced provided, however, OW the seal shall not be mcessry to the validity of any such instrument or undertaking.' Extract from a Resolution of the board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, Ft A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Plower of Attorney issued pursuant thereto, are true and correct and that both tho By-Laws, the Resolution and the Power of Attorney we still in full force and effect. N WITNESS WHEREOF, I have hereunto sat my hand and affixed the facsimile seal of said corporation this 9th day of June 1g 93 EP 1193 Raaletemd trademark of SAFECO Corporation. CITY OF CUPERTINO DF.FARIMENT OF PUBLIC WF4KS CALL FUR BIAS STREET MAINTENANCE - S10W SEAL PRWE7CT 93-104 BID OPENING TUESDAY JUNE 15, 1993 2:00 P. M. Bert J. V'iskovich Director of Public Works City Hall 10300 Torre Ave. Qa>ertino, CA 95014 File: 98,493.45 TABLE OF COKENIS COWn;U T DOCUMENTS A. 1. Notice to Contractors 2. Proposal B. GENERAL PR7VISIC7NS 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definition of Terms 4. Prosecution and Progress 5. Control of 7he Work 6. Legal Relations and Responsibilities to the Public 7. Proposal and Award of Contract C. SPECIAL PROVISICNS 1. Locatiml 2, Scope of Work 3. Traffic Cmt'%-.vl 4. Maintaining Traffic 5. Notification of Residents 6. Inspection and Inspection Costs 7. Public Convenience and Safety 8. Estimated Quantities 9. Explanation of Bid Items 10. Time of Completion/Liquidated Damages 11. Water 12. Liquidated Damages for Traffic Striping 13. Preoonstruction Acting 14. Noise Ordinance 15. Face Preparation 16. Tree Trimming 17. Final Cleanup 18. Payment D. TECHNICAL, SPDCIIFICATICNS 1. Type II Slurry Seal 2. Temporary PWmnent Markers E. CCNTRACT FCR PUBUC 4+T(JIW F. DErAILS . H=CR TO t90N1lRAC1M City of Q4=tjno 10300 Tore Avenue Clpertino, California 95014 The City of Cupertino, Santa Clara County, California, invites sealed proposals for the canstructicn of the work as delineated on the Plans and/or in the Specifications, entitled SUMU SDI., PR3H= 93-ID4. Contract Documents, consisting of Notice to Contractors, Prgposal, Time for Campleticna, Estimated Quantities, Noncollusicna Affidavit, Bidder Qualification Form, Subcontractors Farm, Signature Foram, Standard Specifications, General Provisions, Special Provisions and flans, Faithful Performance Board, Tabor 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 Caprti no, 1o300 Torre Avenue, Cupertino, CA 95014, for a nova refundable deposit of $5.00 each. 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 City Clerk, City mall, City of Cupertino, 10300 Torre Avenue, 043ertino, CA 95014, until 2:00 P.M. on J= 15, 1993, at which time they will be publicly opened and the comparative totals read. All proposals or bids shall be acoattpanied by caste, 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 boned in said amount Payable to the City of Cupertino. Said bond small 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 di-eck shall be fr--fei.ted, car said band sdiall 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 ttie estimated quantities prepared by the E7gin+wr and the Unit Prices submitted. No incomplete nor interlineated proposal or hid will be accepted. Bidders are required to bid on all items of the prep al. No federal funds are UwOlved in this project, therefore, bids submitted shall be hwalidated by the failure of the bidder to be licensed in accordance with, the laws of the State of Califon a. No bids will be awarded to a Contractor who is not licensed in '-----dancs with the Provisions of Division 3 of Chaptex 9, "Contracts" of the Business and Professions Code of the State of California. The eoaatract shall not be awarded to any bidder who does not pis a Gesreral Engineering Contractor's License. Page 1 of 2 All bids received will be reported to the City Council of CUjertin0 within thirty (30) days of receipt, at which time the City Cowtcil will review and act upon the bids s kamitted. Award, if any, will be made to the responsible bidder whose proposal is most advantageous to the City. The City of Cupertino reserves the right to award the oontract to any qualified bidder based on the proposal that is most advantageous to the City. The City also reserves the right to reject any or all bids or to waive any irregularities in the biddi nj Fes, 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 *3ond and a Labor and Material Band as required in the specifications. It shall be mandatory upon the Cattrac�r to whom the contract is awarded, and upon all siboontractorsil to pay no less than the general prevailing wane rates to all workers employed in the execution of the contract as provided fcr in Section 7-1.O1A of the Standard Specifications. Payments to the Contractor will be mane 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 ocapleted. The progress payments made as work progresses will be payments on aoeount 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 GoverrLent Code, the Contractor will be permitted, upon request and its sole expense, to substitute securities for any moneys withheld by the City to ensure perfermartoe under the Contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Sea rities, eligible for this substitution are those listed in Section 16430 of the California govertmient Code or bank or savings and loan certificates of depaeat, interest bearing demand deposit accounts, standby letters of credit, or any other security actually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. CITY OF CUP'ER'r= Date: /9 e ty Clerk Published: May 26, 1993 JUne 2, 1993 Page 2 of 2 o ' ' BID PROPOSAL STREET MAINTENANCE - SUJRRY SEAL PRQ Irr 93-104 ,o TO: THE DIRECTOR OF PUBLIC WOWS, CITY OF CUPER'T K), STATE OF CALIFOY04TA Dear Sir: In ocapliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of Gtj7ertino Project 93-104 I, the undersigned, hereby declare that I have read the prc4posal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to ccuplete 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 casts. I, the undersigned, als::) understand that the quantities shown below are estimates only, being given as a basis for oompariscn of bids. The City of Cupertino does not state that the actual amount of work will correspond but rese-ves the right to increase or decrease the amount of any glass or Portion of the work or to omit items or portions of work deemed urine essary 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 Slurry Seal Project, Project 93-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 40 working days. I farther understand that I shall pay to the City of Cupertino the sum of One Hlandred Fifty Dollars ($150.00) per day, for each and every calendar day's delay beyond the times established in this proposal for each and every portion of the conpletion process described in the time for coupletion portion of this Proposal. 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 P.M. on each calendar day of the project. BID PROPOSAL PAGE 1 OF 9 BID PROPOSAL (COMM UM) 2. Within two(2) hours after each street has been slurried or overlaid, I shall be risible for accurately locating and installing temporary centerlines, two-way barrier, two-*ay left turn lanes, left turn Wickets, bike lanes, travel lanes, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State Of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through_16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the sum Of one hundred and fifty dollars($150.00) per calendar day for that current day, plus the sum Of one hundred and fifty dollars($150.00) for each and every calendar day the temporary striping remains incomplete. 3. No striping shall be installed for seven(7) calendar days after the street has been slurried or overlaid not including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permanent Striping shall be installed between the eighth(8th) and the twelfth(12th) calendar days. 5. Or, the thirteenth(13th) calendar day following the slurry or overlay of each street, I shall be responsible for having completed the installation of the permanent striping All oenterlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lames, limit lines (stop bars) , legends, speed limits, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, Of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($150.00) per day for that day, plus the sum of one hurcired and fifty dollars($150.00) for each and every calendar day the permanent traffic striping, markings, and legends remains incomplete. This amount of liquidated damages shall be deducted by the City frown monies due from the Contractor hereunder, or the Contractor's assigned, suoosors, and sureties shall be liable to the City for any excess. In the event of discrepancies between the written unit price and the numerical wait price; the written price shall govern. Completion of entire project fcrty(40) working days from Notice. to Proceed. ESIM6MM QUAD HIES The bid prices for this project shall be as outlined below Bid Est.Qty. Item Unit Item Unit Price Total 1. 4,981,887 S.F. type II Slurry Seal $ '0 Oy /S.F. $ Np L.9tr gR.s Awb Abva 'J Per S.F. BID PROPOSAL PAGE 2 of 9 BID PRDPC.SAL (CONTINUED) Bid Est. Qty. Item Unit Item Unit Price Total 2. 3,975 L.F. Rive Traffic Striping $ O'Sa �� /L.F. $ �87 • State Detail 23 City Detail 13C State Detail 38 State Mail 25 Ale, LD",qp, by Fury vrs Per L.F. 3. 46 FA Remove and Install Traffic Paved Markers $ cz S SEA $ 7-Loo Pewarro �nrrs Per EA 4. 247 FA Remove and Install Blue A—C 6,� Paveaea&t Markers $ ,�- /EA $ 6 9V Tt"+o 41"Aft MM DIY C MrS Per EA 5. 162 FA. r Install Traffic legends $ �5 m� �Oo� and /EA. $�p Yield Speed (25 & 30) Arrow -"&tqFWrY AZ'✓c �.bAV-qAS Ao4b }?iE-moo crtlres' Per EA 00 6. 9 EA Install Traffic Legends $ 1s /EA $ Set Stop Ahead SET Slaw School Xing f�VE youAe:S Sao No c6vr:5 Per EA 7. 4,075 L.F. Install Painted 121, Bo White Traffic Striping $_f' /L.F. $ oAq bZX use At4t Aro ceArrs �--- Per L.F. S. 1,715 L.F. Install Painted 1201 Yellow Traffic Striping /L.F. $_� OAJF- &46 A40 c � Per L.F. ,so 9. 900 L.F Install State Detail 1 $Q`/L.F. $_LSD Per L.F. 10. 1,160 L.F. Install City Detail 13C $ 06 /L.F. Ile z>ocaAP&S —,WO Sc:)c �►! G,Gso,-_s Per L.F. C t,,cA3 BID PRQPOSAL PAGE 3 OF 9 QUANIl'I'IES (continued) Bid Est. Qty. Item Unit Item Unit Price Total 1.1. 7,230 L.F. Install City Detail 23C $ Q L!S /L.F. $ 3 Z-53 Ate Z�, r A"P f0.7ay y Ceti/S d Per L.F. 12. 1,270 L.F. Install State Detail 25 $ 5'� /L.F. $ Ahn Z�C A% &Jo r-,O-yv T3 Per L.F. � o0 13. 268 L.F. Install State Detail 27B $ Q'S� /L.F. $� Aco �bLa,A-eg ,arc FrFry f�.� Per L.F. 14. 915 L.F. Install State Detail 38 $ 0°`�(L.F. $,j q 7 Per L.F. o0 15� 172 L.F. Install State Detail 39 $ � /L.F. $ Per L.F. 0 0 16. 96 L.F. Install State Detail 39A $ ® S� /L.F. $ y� Ile Zi!PuA'Os ,moo e f? ry r cons Per L.F. 17. 1 L.S. Traffic Striping Layout $�yo?�D TL.S.$ A�-vCr-E,&f 7UX1S41L� Per L.S. TOTAL BID ALTERNA= BID 1. 4,981,887 S.F Latex Modified �v oe� Slurry Seal $ —/S.F. ,��&I- —� Z-, BID PROPOSAL PAGE 4 OF 9 I, the undersigned agree that if this proposal is accepted, I will enter into a ca*,ract with the city of Mina to pro Ide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the om-itract in the manner and time specified. I, the undersigned declare that this bid is made without lion with any person, firm, or corporation making a bid for the scene work- and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the city of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified tified check bid bond ' the amount of $ , as required by law and the Notice Bidders (10% of bid amount) PROPOSAL PAGE 5 OF 9 93-015 STREET MAINTENANCE SLURRY SEAL 2 of 5 PROJECT 93-104 A. BID DOCUTTS (continued) : BIMER ¢tIA=CXMCN EC! In further oompliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has yaw organization been in business under its present name? a 5 -rOS (2) How many years experience in work ale with that required wider the proposed contract has your organization had by this or any other name? J (3) Contractor's License No. t1C.#293727 A&B , State of California, Classification ` Expiration Date MARCH 31, 1995 . 6 (4) List work similar in character to that required in 47 -103 the proposed contract which your organization or Personnel in your organization has leted within the past 3 years. Year Class, Location of work and for Whom Performed Contract Aft BID PROPOSAL PAGE 6 OF 9 • I A. BID BPS (oMitiMled) Name of Proposed Sub-Oontractors, if any (Sectio/n' 4104, Go�ent code) 2. 3. 4. 5. 6. Address if Sharp or Offioe of Sub-OQntractors (Section 4104, Govermient Code) 2. 3. 4. 5. 6. Work to be Performed by Sib-tbaitractors (Section 4104, Gaverrnnent Corte) 1. �- 3- 1-7 --- 2. 3. 4. 5. 6. BID PROPOSAL PAGE 7 OF 9 ATF OF CAUFOIBNIA OLTNTYOF.....Yoio............................................. ........................ _ On this....... ".................day of.......J..S1l�....................... in the year of 19-9: before me, the undersigned, a Notary Public in and for said State, personally appeared.................... '�'� (Z.I& 49..........................................................,personally known to me(or proved 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 that he/she/they ezcuted 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. 1y�f NoLary la and for aald stale. doae+esnf N ordy a Wwv#xm sfiloA may be proper for use ti whVe asnsacoan rd In no way acts,or b bUsndsd to sM as a arboft4a br ft&&Ace o/an The anarq attrw arprsa or&wed.as oo to Isgsl oddly of oorryy pr*Wrka m Ov w tabMV of 8"u bmr hvy;e aaCMt treeraeion � W�den rot make arr� dor75t Fon`r No.d0(i ACKN5 6T!iAE T—Clawral(Rewhod U92) A. BID MaYMTS, CM*dmiei IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FMM OR OD-PARMERSHIP, STATE THE F M NAM AND LIST THE NA[ES OF ALL INDIVIDUAL OD-PAMERS OCl+9POSING ME FIRM. IF A RATICN, STATE LBGAL NAM OF OMUrRMCN, AM NAM OF PRESIDENT, SEMMUM-IREMM AND MWMM. 7n caWMTF SEAL MUST BE AFFIM. THE INPCMMCN COFTAD E D IN MS BID IS BEING MAD UNDER PENALTY OF PEPJM. TYPE OF BUSINESS: Individual: JEFFREY R. REED WUvSLUMvco-Par�ne�sh�p — PRESIDENT Oorporation � � p� LCREN L. CLANCY Joint Venture SECRETARY other KNOELL REED TREASURER Name and Sigmture Bidder: JEFFR Y R. Ril� PR ALAN BERGER ) VICE PRESIDENT (Sim ) Address mail and location addresses) : P.O. BOX 1620 30 BEACON BLVD.,SUITE 205 WESTSACRAAMENTO,CA 95691 �. Telephone Number: d.. (916)373.1500 Date: Surat tLg95 -- Addendas Reosived: O1 0 3 4 BID PROPOSAL PAGE 8 OF 9 VALLEY SLURRY SEAL COS A CAIifORNUA CORPOR IN STATEMENT OF EXPERIENCE ._ Ghilotti Brothers Bid Date: 11/6/92 525 Jacoby St Amount: $8, 679.00 San Rafael, CA 94901 Contact: Frank Ruona Contract: Slurry Seal Phone: (415) 454-7011 Underground Construction Bid Date: 10/13/92 5145 Industrial Way Amount; $6, 579. 00 Benicia, CA 94510 Contact: Tom Thornton Contract: Slurry Seal Phone: (707) 746-3800 EDM Investments Bid Date: 9/30/92 155 Montgomery St 15th floor Amount: $48,766.00 San Francisco, CA 94104 Contact: Virginia Meade Contr;.:,t: A/C Overlay Phone: (415) 693-9000 Charles Norris Bid Date: 9/29/92 1653 Kidder Ave Amount: $7,400.00 Fairfield, CA 94533 Contact: Charles Norris Contract: A/C Overlay Phone: (707) 422-6812 Turner Motors Nissan Bid Date: 9/25/92 1761 Fulton Ave Amount: $20,895.00 Sacramento, CA 95825 Contact: Norman Thordson Contract: A/C Overlay Phone; (916) 488-5400 Dick Yee Inc. Bid Date: 9/4/92 1410 S. Bascom Ave Amount: $26, 000.00 San Jose, CA 95128 Contact: Dick Yee Contract: Slurry Seal Phone: (408) 295-2243 Met West Clinical Lab Bid Date: 8/27/92 3714 Northgate Blvd. Amount: $7,800.00 Sacramento, CA 95834 Contact: Bill Tucker Contract: Slurry Seal Phone. (800) 952-5691 Benicia Unified School Dist. Bid Date: 8/25/92 350 E. K St. Amount: $53, 100. 00 Benicia, CA 94510 Contact: Ray Barker Contract: Slurry Seal Phone: (707) 745-1882 Ext-234 City of Saratoga Bid Date: 8/25/92 13777 Fruitvale Ave Amount: $61, 611.72 Saratoga, CA 95070 Contact: John Cherbone Contract: Slurry Seal Phone: (408) 867-3438 UC Davis Bid Date: 8/18/92 Office of Arch. & Engineer's Amount: $9, 350. 00 Davis, CA 95616 Contact: Bill Hartman Contract: Slurry Seal Phone: (916) 752-8600 - VALLEY SLURRY SEAL COMPAW A MFORN1A CORPORATI Ni Eddie Sun Bid Date: 8/12/92 P.O. Box 2784 Amount: $20,000.00 S. San Francisco, CA 94083 Contact: Eddie Sun Contract: R&R A/C rhone: (415) 952-0101 City of Sparks Bid Date: 8/11/92 431 Prate= Way Amount: $188, 118.20 Sparks, NV 89432 Contact: Jinny Shirley Contract: Slurry Seal Phone: (702) 353-2333 La Contenta HOA Bid Date: 7/24/92 1987 Vista Del Lago Amount: $47,817.00 Valley Springs, CA 95252 Contact: Don Andrews Contract: Slurry Seal Phone: (209) 772-2566 City of Grants Pass Bid Date: 7/23/92 101 Northwest A St Amount: $48,987.74 Grants Pass, OR 97526 Contact: Dave Poole Contract: Slurry Seal Phone: (503) 474-6360 The Merlone Co. Bid Date: 7/22/92 155 Montgomery St 15th floor Amount: $75,000.00 San Francisco, CA 94104 Contact: Dottie Campbell Contract: A/C Overlay Phone: (415) 693-9000 City of Gustine Bid Date: 7/16/92 682 Third St Amount: $15,865.00 Gustine, CA 95322 Contact: Ron Souza Contract: Street Improvement Phone: (209) 854-6471 CA Pines Comm. Service Dist. Bid Date: 7/15/92 HCO-4 Box 43002 Amount: $123, 000.00 Alturas, CA 96101 Contact: Doug Davenport Contract: Crack/Slurry Seal Phone: (916) 233-2766 Humbolt County Fairgrounds Bid Date: 7/9/92 P.O. Box 637 Amount: $24, 000. 00 Ferndale, CA 95536 Contact: Stuart Titus Contract: Slurry Seal Phone: (707) 786-9511 City of Vacaville Bid Date: 7/7/92 650 Merchant St Amount: $205, 405.67 Vacaville, CA 95688 Contact: Steve Sawyer Contract: Slurry Seal Mike Bagood Phone: (707) 449-5354 Sea Ranch Association Bid Date: 7/1/92 P.O. Box 16 Amount: $47,381.38 Sea Ranch, CA 95497 Contact: William Chapman Contract: Slurry Seal Phone: (707) 785-2444 ' VALLEY SWRRY SEAL CoMpAW A CALVORNIA CORPORATION City of Lodi Bid Date: 7/1/92 221 W. ' ine St Amount: $41,050. 36 Lodi, CA 95241 Contact: Glen Bal:tzer Contract: Crack/ Slurry Seal Phone: (209) 334-5634 City of Medford Bid Date: 6/24/92 411 W. 8th St Amount: $21,482.00 Medford, OR 97501 Contact: Pat Havird Contract: Ref. of Parking Lots Phone: (503) 770-4492 Dan White Bid D4.te: 6/24/92 700 "Ell St. Amount: $1,805.00 Sacramento, CA 95814 Contact: Dan White Contract: Seal. Coat Phone: (916) 441-2980 City of Clovis Bid Date: 6/21/92 1033 5th St Amount: $57,868.43 Clovis, CA 93612 Contact: John Lovejoy Contract: Slurry Seal Phone: (209) 297-2353 Point Arena Lighthouse Inc Bid Date: 6/17/92 P.O. Box 11 Amount: $4,627.00 Point Arena, CA 95468 Contact: John Sisto Contract: Slurry Seal Phone: (707) 882-2777 Village West Marina Bid Date: 6/12/92 6649 Embarcadero Dr Amount: $23,900.00 Stockton, CA 95219 Contact: Len Bohlke Contract: Slurry Seal Phone: (209) 951-1551 Solano County Bid Date: 6/9/92 Dept. of Transportation Amount: $31,040.00 1961 Walters Ct. Ste. K Contact: Les Johnson Fairfield, CA 94533 Phone: (707) 421-6074 Contract: Slurry Seal City of Fairfield Bid Date: 6/9/92 1000 Webster St Amount: $183, 510.00 Fairfield, CA 94533 Contact: Bill Norvis Contract: Chip/Slurry Seal Phone: (707) 428-7485 City of Ukiah Bid Date: 6/9/92 300 Seminary Ave Amount: $19, 141.07 Ukiah, CA 95482 Contact: Bill Beard/ Bob Contract: Slurry Seal Phone: (707) 463-6200 City of Newark Bid Date: 6/4/92 37101 Newark Blvd. Amount: $66, 090.73 Newark, CA 94560 Contact: Frank Hermoso Contract: Slurry Seal Phone: (510) 745-1104 ' VALLEY SLURRY SEAL COMPANY A CALIFORNIA CORPORATION Vaca Vista Apartments Bid Date: 6/3/92 1645 Kidder Ave Amount: $8, 621.00 Fairfield, CA 94533 Contact: Criss Norris Contract: A/C Overlay Phone: (707) 427-2115 City of Eureka Bid Date: 6/2/92 531 K St Amount: $69,563.50 Eureka, CA 95501 Contact: Paul Wade Contract: Slurry Seal Phonez (707) 444-9691 County of Sacramento Bid Date: 5/28/92 827 7th. St. rm 304 Amount: $377,929.26 Sacramento, CA 95314 Contact: Dick Cowing ,Contract: Slurry Seal Phone: (916) 855-5573 Stonegate Mobile Home Park Bid Date: 5/26/92 7368 Whyte Ave Amount: $15, 691.00 Citrus Heights, CA 95621 Contact: Tom Caswell Contract: Slurry Seal Phone: (916) 728-5511 Greenback HOA Bid Date: 5/26/92 6214 Longford Amount: $14, 319.00 Citrus Heights, CA 95621 Contact: Bill Hartman Contract: Slurry Seal Phone: (916) 722-9332 County of Sutter Bid Date: 5/20/92 1160 Civic Center Blvd #D Amount: $44, 132.00 Yuba City, CA 95993 Contact: Rick Kennedy Contract: Slurry Seal Phone: (916) 741-7450 Empire Unlimited Bid Date: 5/18/92 1565 Broadway Amount: $9, 114 .00 Stockton, CA 95205 Contact: Tony Arceo Contract: Slurry Seal Phone: (209) 464-4132 C&K Systems Bid Date: 5/15/92 107 Woodmere Rd Amount: $7, 088. 00 Folsom, CA 95630 Contact: Ray Hopkins Contract: Slurry Seal Phone: (916) 351-1131 City of Santa Clara Bid Date: 4/28/92 1700 Walsh Ave. Amount: $199, 425.60 Santa Clara, CA 95050 Contactr G. Freidanbach/Walt Contract: Slurry Seal Phone: (408) 984-3080 Vicorp-Bakers Square Bid Date: 4/16/92 P.O. Box 16601 Amount: $10, 570.00 Denver, CO 30216 Contact: Sylvia Robles Contract: A/C Overlay Phone: (209) 943-6307 VALLEY SLURRY SEAL COMPANY A CALIFORNIA CORPORATION State of California Bid Date: 4/15/92 Dept. of Transportation Amount: $271,790.08 1120 N. First St. Contact: Randy Pierce Sacramento, CA 95814 Phone: (916) 22-5-3344 Contract: Slurry Seal State of California Bid Date: 4/15/92 Dept. of Parks & Recreation Amount: $11, 235.00 396 Tesconi Ct. Contact: Gary Gould Santa Rosa, CA 9540.1. Phone: ('707) 875-2114 Contract: Slurry Seal Ygnacio Valley Church Bid Date: 4/14/92 535 Walnut Ave Amount: $9, 518. 00 Walnut Creek, CA 94598 Contact: Lloyd Mann Contract: Slurry Seal Phone: (510) 422-5991 Crow Canyon Country Club Bid Date: 4/10/92 1320 E1 Capi.tan Ste. 390 Amount: $2, 147.00 Danville, CA 94526 Ct�ntact: Gretchen Contract: R&R A/C Phone: (510) 866-8900 Dover Villa HOA Bid Date: 4/8/92 123 Villa Circle Amount: $11,772 .88 Fairfield, CA 94533 Contact: Ron Contract: R&R A/C Phone: (707) 422-6891 State of California Bid Date: 4/7/92 Dept. of Parks & Recreation Amount: $19,440.00 730 S. Beckman Rd. Ste. A Contact: Gary/Bruce Lodi, CA 95241 Phone: (209) 333-6901 Contract: Slurry/Seal Coat Valley Environmental Services Bid Date: 4/3/92 8217 Briar Way Amount: $3, 200.00 Roseville, CA 95661 Contact: Kevin Bussard Contract: R&R A/C Phone: (916) 797-1016 Big Oak Investments Bid Date: 4/3/92 P.O. Box 783 Amount: $14 , 500. 00 Kentfield, CA 94914 Contact: Al Allenbaugh Contract: Seal Coat Phone: (916) 965-3353 San Juan Plaza Bid Date: 3/25/92 4826 E1 Camino Ave Amount: $23, 381. 00 Carmichael, CA 95606 Contact: Jim Collins Contract: R&R A/C Phone; (916) 483-7325 M.J. Bollinger Inc. Bid Date: 3/20/92 P.O. Box 22864 Amount: $47,817.83 Valley Springs, CA 95252 Contact: Mike Bollinger Contract: Seal Coat - Phone: (916) 446-0737 VALLEY SLURRY SIX CM&ANY A CALIFORNIA URPORATiON State of California Bid Date: 3/18/92 Dept. of Transportation Amount: $11,680.00 1115 Stratford Ave. Ste. C Contact: Tom Wright Dixon, CA 95620 Phone: (916) 678-8142 Contract: Slurry Seal K.G. Walters Co. Inc. Bid Date: 3/15/92 P.O. Box 4359 Amount: $6,434 .28 Santa Rosa, CA 95402 Contact: Matt Vail Contract: Slurry Seal Phone: (707) 527-9968 State of California Bid Date: 2/26/92 Dept. of Transportation Amount: $397, 395.70 1656 Union St. Contact: Dave Brekke Eureka, CA 95502 Phone: (707) 488-2721 Contract: Slurry Seal Joe Foster Excavating Bid Date: 2, :;5/92 P.O. Box 2631 Amount: $92 , 608.99 Livermore, CA 94551 Contact: Duane Balch Contract: Slurry Seal Phone: (510) 373-8201 Pacific Property Management Bid Date: 1/22/92 17 Crow Canyon Ct. Ste. 210 Amount: $35,753.00 San Ramon, CA 94583 Contact: Tom Bantz Contract: Slurry Seal Phone: (510) 820-7589 St. Francis Woods HOA Bid Date: 10/8/91 110 Blue Ravine Rd. Ste. 203 Amount: $11,770. 00 Folsom, CA 95630 Contact: Christy Newport Contract: Slurry Seal Phone: (916) 351-0514 City of Lodi Bid Date: 9/30/91 221 W. Pine St. Amount: $12, 242 .86 Lodi, CA 95241 Contact: Glen Baltzer Contract: Slurry Seal Phone: (209) 333-6791 City of Lathrop Bid Date: 9/18/91 16775 Howland Dr. Amount: $9,880. 00 Lathrop, CA 95330 Contact: Wilce Martin Contract: Slurry Seal Phone: (209) 858-2860 City of Fremont Bid Date: 9/18/91 P.O Box 5006 Amount: $103,919 . 30 Fremont, CA 94537 Contact: John Barron Contract: Slurry Seal Phone: (510) 791-4270 State of California Bid date: 8/14/91 Dept. of Transportation Amount: $528,983 . 60 1120 N. St. Contact: C. Adams/B. Vortman Sacramento, CA 95814 Phone: (209) 948-7167 Contract: Slurry Seal. V"V SLURRY SEAL COIRPAXY .' A CALIFD%IA COMRATON City of Lodi Bid Date: 7/31/91 221 W. Pine St. Amount: $39,322.02 Lodi, CA 95241 Contact: Glen Baltzer Contract: Slurry Seal Phone: (209) 333-6791 State of California Bid Date: 7/1/91 Dept. of Recreation Amount: $12, 148.00 13300 White Rock Rd. Contact: Ralph Breyman Rancho Cordova, CA 95670 Phone: (916) 985-7378 Contract: Slurry Seal City of Sacramento Bid Date: 6/25/91 640 Bercut Dr. Ste. B Amount: $245,512.87 Sacramento, CA 95814 Contact: John Blank Contract: Slurry Seal Phone: (916) 449-2034 City of Sonoma Bid Date: 6/21/91 No. 1 The Plaza Amount: $14,445.20 Sonoma, CA 95476 Contact: Mary Jane/Pat Wayner Contract: Slurry Seal Phone: (707) 938-3322 City of Pleasanton Bid Date: 6/6/91 123 Main St. Amount: $75, 351.95 Pleasanton, CA 94566 Contact: Jim Schachner Contract: Slurry Seal Phone: (510) 484-8197 State of California Bid Date: 5/29/91 Dept. of Transportation Amount: $421,365.00 P.O. Boat 2107 Contact: Randy Pierce Redding, CA 96001 Phone: (916) 225-3344 Contract: Slurry Seal City of Cupertino Bid Date: 5/28/91 10300 Torre Ave Amount: $122, 489.84 Cupertino, CA 95014 Contact: Carmen Lynhaugh Contract: Slurry Seal Phone: (408) 252-4505 City of Victorville Bid Date: 5/8/91 14343 Civic Dr, Amount: $167,575.00 Victorville, CA 92392 Contact: Adriana/Lowell Smith Contract: Slurry Seal Phone: (619) 245-3411 Carmichael Water District Bid Date: 5/3/91 7001 Fair Oaks Blvd. Amount: $21, 213. 00 Carmichael, CA 95609 Contact: Royce Bolton Contract: Slurry Seal Phone: (916) 483-2452 City of San Jose Bid Date: 4/30/91 801 N. First St. (#116 Amount: $547,980.00 San Jose, CA 95110 Contact: Ray Persico Contract: Slurry Seal Phone: (408) 277-4373 VALLEY SLURRY SEAL COMPANY A CALIFORNIA CORPORATION City of Riverbank Bid Date: 4/26/91 6707 Third 5t. Amount: $23,037.42 Riverbank, CA 95367 Contact: Felix Reichmuth Contract: Slurry Seal Phone: (209) 526-1515 h'R9CV;VED 06/11 16:03 19" AT 916-373-1439 PACE 2 (PRINTED PAGE 2) 1 06/11/93 16:42 04082320753 CITX.CUPERTINO 0 002/002 ON Of Cumthw 1000 Tom Avewe P.O.Bw SW Cupertino,CA 9M4-3= Cupertino,CA 9501UM relephom:OQ 252-4505 FAX:(40M 252-OM June 11, 1993 File: 98,493.45 Addendum No. 2 Street Maintenance — Slurry Seal PROJECT 93-104 BID OPENING: TUESDAY June 15. 1993 2f00 P.M. The following clarification is hereby made to the above referenced project. Bid Documents — Proposal Page 3 of 9, Item 2 "Remove Traffic Striping", City Detail 13C shall be changed to S,,Igte Detail * Bid Documents — Proposal Page 3 of 9, Item 10 "Install City Detail 13C". shall" be changed to read Install Slatq Detail JLL The contents of the Special Provisions for Bid Items 2 and 10 will not change. Please indicate receipt of this addendum on the last page of the Proposal by circling number two(2) . Failure to do so may be cause for rejection. approved by: IOF J. Viskovichcto of Public Works g -- , FREY R. REED PRESIDENT VALIEY SLURRY SEAL COMPANY P.O. Box 1620 West Sacramento,CA 9581 ON of CV41VI-b"o 10300 Torre.Avenue F.O.Boy 580 Cupertino.CA 95014-3 25 5 Cupertino,CA 95015-0580 Telephone. 1408)252-4505 FAX ;408)252-0753 AME NDM NO. 1 SIREEL' A'9LYNT - SLLII M SEAL PRO37Mr 93-104 BID : JUNE 15, 1993 2:00 P.M. !L'+N 1 0 1993 VAL . .. .. .1C. The enclosed list of streets and map are hereby made a part of the plans and specifications which were omitted in the original sets. Please indicate reoeip , of this aci3en:km on the last page of the proposal. Failure to do so may cause rejection of your bid. Approved By: CITY OF CUP C aay,--, Bert J. Viskovich Director of Public Works i r' _\` J�EFFREY R. REED VALL URRY SELL COMPANY P.O.Box 1620 West Sacramento,CA g56gi PAGE NO. Z City of Cuper-tl.ne 05/ 13/93 SLURRY F.F.AL, i,:orp-zm f.or. 9993 STRJ-',F,I` NANF from To 830 . 0 AINSWORTH DR II(ARTMAN J END 6100 . 0 ALCAZAR AVE /400 W/ORANGE /ORANGE 6050 . 0 ALMADEN AVE /ORANGE /BYRNE 80. 0 AMULET DR /CASTINE /NATHANSON 50. 0 AMULET PL /AMULET /END 140 . 0 ANSON AVE /MILFORD /RUMFORD 1520 . 0 APPLE TREE DR /VISTA /PLUM TREE 3005 . 0 ASTER LN /RAINBOW /PEACH BLOSSOM 5030 . 0 ATHERWOOD AVE /MILLER /ALDERBROOK 4030 . 0 AUGUST LN /SEPTEMBER /END 4960 . 0 AVOCADO PL /BIXBY /END 790. 0 BAN[, S'I' /VISTA KNOLL /AINSWORTIi 6260 . 0 BAXLEY CT /LINDA VISTA /END 1,100 . 0 BAYWOOD CT /MERRITT JEND 6,100. 0 BEL AIRE CT /COLUMBUS /END 3800. 0 BELKNAP DR /ELMSFORD /YORKSHIRE 1210. 0 BILICH PL /WH EATON /END 4370 . 0 BIXBY DR /SOUTI( PORTAL /COLD HARBOR 5090 . 0 BLACKWOOD DR /CANDLEWOOD /COTTONWOOD 5070. 0 BLAZINGWOOD AVE /ALDERBROOK /MYRTLEWOOD 3505 . 0 BO LLINGER RD / 170 E/WESTLYNN /DE FOE 3510 . 0 BOI_,i,INGER RD /nE FOE /END PAGE .110 . 2 city of Cupert.i.no 05/ 1.3/93 Sf,URit`( SEA!, Program for. 1993 'i'REE'I' iiAi1� RT From I'o 100 . 0 PREWER AVE /Ml L,FORD /D7,�XTER 11640 . 0 BROOKGROVE LPI /SHADYGROVE /WILLOWGROVE 6070 . 0 BYRNE AVE /GRANADA /END 6130 . 0 BYRNE AVE /SAN FERNANDO /GRANADA 950 . 0 CA1,I FORNIA OAK WY /STEVENS CREEK /MAJESTIC OAK 5360 . 0 CAMINO VISTA DR /STEVENS CREEK /DUBON 5130 . 0 CANDLEWOOD CT /CANDLEWOOD /END 5120 . 0 CANDLEWOOD DR /ATHERWOOD /MYRTLFWOOD 1560 . 0 CAROL LEE DR /WI(EATON /CHAVOYA 800 . 0 CARTA BLANCA ST /VISTA KNOLL /AINSWORTH 1.60 . 0 CASTTNE AVE /RUMFORD /GARDENA 6520 . 0 CAS°I'I,E'rON ST /WILKINSON /CLARKSTON 770. 0 CHACE DR /STARLING /END 6510 . 0 CHADWICK PL /CASTLETON /END 1570 . 0 CIIAVOYA DR /CAROL LEE /RANDY 1500 . 0 CHERRY TREE LN /PEACH TREE /APPLE TREE 1.20 . 0 CHISHOLM AVE /DEXTER /MI L,FORD 6490 . 0 COLLINGSWORTII ST /WILKINSON /SUTHERLAND 3835 . 0 COLUMBUS AVE /VAI /BUBB 6475 . 0 COLUMBUS AVE /MARIA ROSA /LINDA VISTA 5110. 0 COTTONWOOD CT /COTTONWOOD /END 51.00 . 0 COTTONWOOD DR J BLACKWOOD /All I EP.WOOD PAGE i;0. City Qf: Cupertino 05/13/9.-5 51jliRt?Y SFAF, Program for 1,993 STREET NP,HE RT• From TO 4780 . 0 CRAFT DR /FINCH /SORENSON 3850 . 0 CRANBERRY CIR /CRANBERRY /END 3880 . 0 CRANBERRY DR /HOLLY OAK /WOOD LARK 4057 . 0 CREEKLINE DR /NOVEMBER /END 1380. 0 CYPRESS CT /CYPRESS /END 1390. 0 CYPRESS DR /MERRITT /END 3520 . 0 DE FOE DR /DE FOE /WESTLYN 3523 . 0 DE FOE DR /BOLLINGER /DE FOE 3525 . 0 DE FOE DR /DE FOE /DUMAS 5347 . 0 DE PALMA LN /S BLANEY /END 4890 . 0 DEEP ROSE PL, /PRICE /tND 1370. 0 DLODORA DR /MERRITT /END 2060. 0 DERBYSHIRE DR /ORION /ROBINDELL 110. 0 DEXTER DR /BREWER /CHISOLM 4620. 0 DISNEY LN /MILLER /STENDHAL 3100. 0 DONEGAL DR /PRIMROSE /LEEDS 6370. 0 DRYDEN AVE /SHATTUCK /RUCKER 5370 . 0 DUBON AVE /CAMINO VISTA /PRADO VISTA 3527 . 0 DUMAS DR /DUMAS /DE FOE 3560 . 0 ELDERWOOD CT /TUSCANY /END 3790 . 0 ELMSFORD CI' /ELMSFORD jEND 3780. 0 ELMSFORD DR /END N/S'ITAFFORD /BELKNAP PAGE NO. City of Cur.rrt i no O5l/ 13/93 SLt)RRY SEAL, I rocjrim for 1.993 HAME From 1'0 20 . 0 E?-,,'ULRE PL /METEOR /END 6250 . 0 C.''I' /LINDA VISTA /END 4070 . 0 FALL c'r /SEPTEMBER /END 3600 . 0 FALLENLEAF LN /COLONY HILLS /WESTLYNN 3605. 0 FALLENLEAF LN /WESTLYNN /285 E/WESTLYNN 4660 . 0 FERNGROVE DR /SIIADYGROVE /WILLOWGROVE 4080 . 0 FESTIVAL CT /SEPTEMBER /END 4110, 0 fIFSTA LN /SEPTEMBER /NOVEMBER 1167 . 0 FINCII AV /VALLCO PWY /STEVENS CRK 6540 . 0 FLINTSHIRE S':' /CLARKSTON /PALOS VERDES 3150 . 0 F'I,OWF,'R CT /POPPY /END 372.0 . 0 F'OT,KES`I'ONE DR /BUBB /YOP.KSllljRE 180 . 0 GARDENA CT /GARDENA /END 190 . 0 GARDENA DR /CL 150 E/GARDE /CASTINE 6020. 0 GRANADA AVE /125 E/IMPERIAL /ORANGE 6140 . 0 GRANADA AVE /BYRNE /ORANGE 60. 0 GRAPNEL PL /AMULET /END 200 . 0 GREENLEAF DR /CASTINE /CL W/FLORA V[S 5000 . 0 GREENWOOD CT /MIL•LER /END 170 . 0 HALE, PL /GARDENA /END 775 . 0 HARTMAN OR /CIIACE /AINSWORTH 3550 . 0 1(rATHERWOOD DR /WESTLYNN /TUSCANY PAGE NO . 5 City nC Cupertino 05/13/93 fil,UPR`i I'`royrm for 1993 S'1'lii i;1' NIAi?^ f:r;)m To 3400 . 0 lHOLLANDERRY PL /SCOTLAND /IiOLLYHEAD 3870 . 0 HOLLY OAK DR /BUBB /CRANBERRY 2050 . 0 IIUNTERSON PL /ROBINDELL /ORION 1980 . 0 JIU14TRIDGE LN /STELLING /ROSE BLOSSOM 6420. 0 HYANNISPORT DR /LINDA VISTA /WILKINSON 4650. 0 HYDE AVE /BOLLINGER /SHADYGROVE 6035 . 0 IMPERIAL AV /MCCLELLAN /ALCAZAR 3120 . 0 JAMESTOWN DR /PROSPECT /PLUM BLOSSOM 4055 . 0 JEANETTE CT /CREEKLINE /F.,ND 5220 . 0 JOHN DR /E ESTATES /BLANEY 810 . 0 K E,NDI,I; ST /VTSTA KNOLL, /ATHSWORTH 3450 . 0 KIM ST /KIRWIN /MC CLELLAN 3455 . 0 KIM ST. /BOLLINGER /KIRWIN 6390. 0 LA PALOMA DR /TERRACE /COLUMBUS 6640. 0 LA PLAYA CT /MONROVIA / ,ND 5140 , 0 LANCER DR /MYRTLEWOOD /BOLLINGER 1690. 0 LAZANEO DR /N DE ANZA ,/RANDY 6350. 0 LEAVESLEY PL /STATTUCK /END 5430 . 0 LEBANON AVE /LOCKWOOD /I,FBANON 5440 . 0 LEBANON DR /I,EBANON /STEVENS CREEK 310 . 0 LEEDS AVE /PRIMROSE /DONEGAL 4053 . 0 LEONG Cr /NOV ERRER J END City of Cupertino 05/ 13j 5I'AL F oqr. a l fvr 19?") R'P. " FrcSm 1I'0 ].930 . Ct I.IL,AC WY /S'I°ELL_l.tdG /ROSE BLOSSOM 1950 . 0 I,I1„' AVE /ROSE BLOSSOM /ROSE BLOSSOM 1,960. 0 [Ji,Y CT /LILY /END 760 . 0 LINDA ANN CT /CHACE /END 62.30 . 0 LINDA VISTA DR /MC CLELLAN /HYANNISPORT 6410 . 0 LINDA VISTA DR /SANIA ':ERESA /HYANNISPORT 6210 . 0 L,INDA VISTA PL /L:TNDA VISTA /END 5170 . 0 LINDENBROOK DR /E ESTATES /S BLANEY 6620 . 0 LINDY T,N /1,-1-N1)Y /REGNART 6610 . 0 LINDY PL /L,INDY /END 90 . 0 1,TJI3EC I-T /riARY /ANSON 2040 . 0 I.,UNAR CT /DERBYSHIRE !END 5410 . 0 MC KLI.NTOCK LN /VOSS /WOODRIDGE 1190. 0 MC LAREN PL /WHEATON /END 4900 . 0 MELLO PL /PRICE /END 5390 . 0 MERRIMAN RD /FOSS /END 30. 0 METEOR DR /CASTINE /MARY 10 . 0 METEOR PL /METEOR /END 1540 . 0 MEYER PL /WHEATON /END 130 . 0 MILFORD DR /CASTINE /ANSON 2030 . 0 MILKY t.:Y /ORLON /DERBYSHIRE 1650 . 0 MINER PL, iI,A7A'r]F,O /N END PAGE t,t0. 7 City rti: Cupp -Lino 05/13/9? 1J]PPY SEAL Pz ogram for 1993 I'rrin 1'n 1.660 . 0 MINER Pi:, 11 I,AZANEO /s E1"r) 6650 , 0 M ONIPOVIA SI' /REGNART jBUBB 5080 . 0 MYRTLEWOOD AVE /BLAZINGW00D /CANDL•EWOOD 40 . 0 NATHANSON AVE /METEOR /END 3050. 0 NF..'7CASTLE DR /ROSE GARDEN /ASTER 3040 . 0 NORMANDY WY /ASTER /ROSE GARDEN 4050 . 0 NOVEMBER DR /OCTOBER /END 2.000. 0 OBSIDIAN CT /OROGRANDE /END 4040 . 0 OCTOBER INY /SEPTEMBER /NOVEMBER 3020 . 0 ORANGE BLOSSOM DR /ASTER /PRIMROSE 201.0 . 0 OROGRANDE PL /STELLING /END 6550 . 0 PATOS VERDES DR /TERRCE.. /CASTLETON 1670 . 0 PAIRLET`I' PL /LAZANEO /N END 1680 . 0 PARLETT PL /LAZANI;O /S END 3010. 0 PEACH BLOSSOM DR /PRIMROSE /ASTER 1490. 0 PEACH TREE LN /PLUM TREE /CHERRY TREE 70 . 0 PEBBLE PL /AMULET /END 3900 . 0 PENNINGTON LN /WOOD LARK /PUMPI<IN 4680 . 0 PHIL CT /P1JIL /END 4730. 0 PHIL LN /mILT,ER /E'INCIi 4735 . 0 PHIL LN /FINCH /TANTAU 3115 . 0 PLUM BLOSSOM DR /PR rrlROS E /?AMESTOWN PAGE N0. II City of Cupertino 05/1.3i93 r{,T'R{?`i' ai,AL Program for 1.993 STREET NA!111E RT Frn1a To 920. 0 POPPY DR /FOOT]I.i t,I., /END 3140. 0 POPPY WY /RA II`IBOW /PLUM BLOSSOM 4925 . 0 PORTAL AVE /WINTERGREEN /STEVENS CREEK 5390. 0 PRADO VISTA AVE /DUBON /STEVENS CREEK 4910. 0 PRICE AVE /BLANEY /S PORTAL 3130. 0 PRIMROSE WY /BARI,IIIART /PEACH BLOSSOM 3135 . 0 PRIMROSE WY /PEACii BLOSSOM /RAINBOW 1510 . 0 PRUNETREE .L,N /APPLE TREE /PEACH TREE 3840 . 0 PUMPKIN CT /PUMPKIN /END 3860 . 0 PUMPKIN DR /CRANBERRY /BUBB 6665. 0 RAINBOW DR /525 W/BUBB /END 6590 . 0 REGNART CT /LINDY /END 6560. 0 REGNART RD /BUBB /LINDY 6565 . 0 REGNART RD /LINDY /650 W/LINDY 4770 . 0 RICHWOOD CT /MILLER /END 1200. 0 RIEDEL PL. /WHEATON /END 2070 . 0 ROBINDELL WY /STELLING /END 3025 . 0 ROSE GARDEN LN /PEACH BLOSSOM /WATERFORD 6380 . 0 RUCKER DR /DRYDEN /SANTA TERESA 150 . 0 RUMFORD DR /ANSON /CASTINE 1920 . 0 SAGE CT /LILAC /END 6090. 0 SAN FERNANDO AVE /BYRNE /10LIVE PAGE NO . 9 City of Cupertino 05,113/93 SLURRY SEAL Program for 1993 ' TREI?T lfi1ME R'I'. # Fro,r; To 6345 . 0 SANTA TERESA DR /11YANNISPOR'I' /TERRA BELLA 4020 . 0 SEPTEMBER CT /SEPTEMBER /END 4120 . 0 SEPTEMBER DR /END /MC CLELLAN 4630 . 0 SHADYGROVE CT /SHADYGROVE /END 4700. 0 SHADYGROVE DR /STENDAHL /TANTAU 6360 . 0 SHATTUCK DR /SANTA TERESA /DRYDEN 960 . 0 SILVER OAK WY /FOOTHILL /END 4790. 0 SORENSON AVE /CRAFT /FINCH 3770 . 0 STAFFORD DR /SUNDERLAND /FOLKSTONE 4690 . 0 STENDAHL LN /PI{IL /DISNEY 3760 . 0 SUNDERLAND DR /YORKSliIRE /STAFFORD 6500 . 0 SUTHERLAND AVE /CCL,LINGSWORTH /CASTLETON 3670. 0 TIPTOE LN /KENTWOOD /WESTLYNN 3570. 0 TUSCANY PL /S/END /N/END 3830 . 0 VAI AVE /BUBB /COLUMBUS 835 . 0 VARIAN WY /AINSWORTH DR /END 3515. 0 VERNIE CT /BOLLINGER /END 780. 0 VIA CAMINO CT /AINSWORTH /END 1640 . 0 VIRGINIA SWAN PL /LAZANEO /END 1620 . 0 VISTA CT /VISTA /END 1610 . 0 VISTA DR /STEVENS CREEK /LAZANEO 840 . 0 VISTA KNOLL BLVD /AINSWORTH /FOOTHILL PAC,E NO I.f� City of Cupertino 05/ 13/93 Sf;f)RRY S ;Al, Program for 1.993 STRf;i;'I' tfi,Ill, RT. F t rot I'o 5540 . 0 -105 S Avl: jMI,L.[SSA /rIC KLINTOCK, 5545 . 0 VOSS Aj-r /MC I:I,IiJ`1'0CIy /FOOTHILL 51.50. 0 W ESTATES DR. /LINDENIIROOK /ESTATES 5840 . 0 WALNUT CIR /WALNUT /WAC NUT 5830. 0 WALNUT CIR 11 /FOOTIII',I, /WALNUT 5850. 0 WALNUT C YR S /WALNUT /FOOTHILL 3030 . 0 WATERFORD DR /PRIMROSE /STELLING 341.0 . 0 WEST HILL CT /WESTHILL /END 3420 . 0 WEST HILL LN /STELLING /END 3680 . 0 WESTLYN WY /TIPTOE; /FALLENLEAP 3665 . 0 WESTLYN WY / FALI,ENLt,AF /BOLLINGER 3750 . 0 WI YMOTIi DR /BELKNAP /RAINBOW 1220 . 0 WHEATON DR /BLANEY ,'N PORTAL 1550. 0 W11EATON DR /N BLANEY /CAROL LEE 3160. 0 WILD FLOWER WY /POPPY /WILD FLOWER 3165 . 0 WILD PLOWER WY /WILD FLOWER /DE ANZA 6,180. 0 WILKINSON AVE /IfYANNISPORT /COLLINGSWORTH 1630 . 0 WILL CT /LAZANEO /END 5160 . 0 WILLOWBROOK WY /LINDENBROOK /END 4670 . 0 WILLOWGROVE LN / FERNGROVE /JIYDE 4880 . 0 WINTERGREEN DR /COL,D HARBOR /SOUTH PORTAL 3890 . 0 �,?OODI,ARK t,lY /CRANBERRY /Pf NNINGTON PAGE 110. 11 City of Cupertino 05/13/93 SLURRY SEAL Program for 1993 FFE,,F IIAtiR PT. 1;1 n:n To 5420 . 0 WOODRIDGE CT /EP1D /LOCKWOOD *** Total. *** ATF OF CALJFORNIA OLINTYOF.....Y010.............................................. ............... On this............ ...........day of....... .:.:"........................ in the year of 19.9.3 before me, the undersigned. a Pi� Public in and for said State, personally R ,personally appeared...............p e ............................................................... known to me(or rove on the basis of satisfactory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to the that he/she/they excuted 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,executes the instrument. WITNESS my hand and official seal. � f ...............................................................N ..........,/.. �f. i 1�.. .. 7. .�G '. -` r7 PebBr for said Stato. docunwu b only o psnnd bnn wddel�1m�ery�s p�opo Osorrquae b rirpM iarare8on rd In ro wey as4w a L Mtrdod b oc1 n o w tl�b b 8r ad Aw of on Downeydiem 71»pv/�2ev do"not m ks my dory F r Nn 100 ACKNOWLBD M EMY—0..j a/svao betas to orry fie trreaclbn (Jtwariasd H/9� NONOOLLUSION AFFMAVIT m BE ExocurED By BIDDFR AND SUMMED WI M BID State of California SS. County of _ \40IC2 JEFFREY R. REED being first SLm and says that he or she is PRF � og e 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; that the bid is genuine and not collusive or sham; that 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; that the bidder has not in any manner, directly or indirectly, sax .jht 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, c=aany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: JEFFREY R. REED Pot :signature) Date: J LQ rryi !! ! �I'3. nUM SEAL COMPANY t 1620 BID PROPOSAL PAGE 9 OF 9 f , B. GENERAL PROVISIONS 1. ADOPrIC N OF MANDARD 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 CTrA-TioNS The section and other headirxjs 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. D ONS OF TERMS The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following modifications: 1-1.10 "Contractor°' means any person or persons, firm, partnership, ration, or combination thereof as defined in the Standard Specifications and in Section 7026 of the California Business and Professions 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 "FnJin,wfl) . 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: t1laboratory" means the City's approved testing laboratory. 1-1.32: /°Progposal 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. PROSBCERION AND PROGRESS OF THE WORK a. Hazardous Materials If the presence of asbestos or hazardous substances is disclosed in the Hid or Contract Documents, the contractor, or the Contractor's designated Subcontractor, shall be registered pursuant to Section 6501.5 of the Labor code and certified in aoeordarbe with subdivision (a) of Section 7058.5 of the Business and Professions Code. General Provisions page 1 of 15 a. Hazardous Materials (29pt.inued) In the event the Contractor encounters on the site asbestos or a hazardous substance that has not been disclosed in the Bid or Contract Documents, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may, continue work in unaffected areas reasonably believed to be safe, and shall immediately cease work on the area affected and report the condition to the owner, or the owner's representative, or architect in writing. b. Noise Control Grading, construction and demolition activities shall be alla;,ed to exceed the noise limits of Section 10.48.040 of the Cupertino Municipal Code during daytime hours provided that the equipu ent 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 any nearby ply It is a violation of this chapter to engage in any grading, street construction or under gvan i 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 bet allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. c. Progress of the Work The contractor shall begin work within fifteen(15) days after receiving notice that the contract has been approved, or upon receipt of notice to proceed, and shall diligently and continuously prosecute the same to completion within the! mmber of working or calendar days as shown in the Special Provisions. d. Record Drawinjs The Contractor, upon completion of this project, shall furnish and submit a set of accurate "Recorti 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 true plans provided to the Contractor_ by the City. e. Right of Way The right of way for the work to be OM-cstructed 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 respect to prosecute :he work with the diligence and force specified and intended in and by the terms of the contract, or has failed to amply with any of the term 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 mans for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate. Upon such lion, 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 seine for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other machinery and materials, purchase the materials for, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion of the contract. The City may annul and cannel 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 Contr-actor's sureties, who will be liable threfore. 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 oureties will be credited with the amcunt 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 Idquidated 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 ccmtract tl'at 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 iaqpracticable and extremely difficolt to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Provisions, per day for each and every day of delay in finishing the work in excess of the number of days prescribed. General Provisions page 3 of 15 g. Time of Completion and Liquidated Damages continued The Contractor agrees to ray said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the Engineer shall have the right to increase the nwnber of days or not, as may be dew in the best interest of the City. If the Engineer decides to increase the said number of days, the City shall further have the riot 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 ::o the contract, and which accrue during the period of such extension. The rust of final surveys and preparation of final estimate shall not be included :in such charges. The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work. beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days from the beginning of any such delay. The Engineer shall. ascertain the facts and the extent of the delay. The Engineer's findings thereon shall be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that every effort has been made to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner. Fur+her 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 ot" the entire work, which could not be eoupensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The tern "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. If the contractor is delayed in completion of the work by reason of changes made under Section 4-1.03 of the State Standard Specifications ("Changes") , or by failure of the City to acquire or clear right of way, or by any act of the City, not contemplated by the contract, an extension of time ecMmensurate 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 Ccupletion and Liquidated Damages (continued) The Contractor shall notify the Engineer in writing of the causes of delay within fifteen(15) days frcan the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusi-re. Except for additional coupensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Ccntract Code Section 7102, the Contractor shall have no claim for damage or caqDensation 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 changes for any period of delay in ocaq:)letion of the work in excess of that expressly provided for in this section. (See Section 8-1.07. ) 5. CONTROL OF THE WOW 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 mist 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 nerformance of this work shall be charged to the Contractor and paid for by th Oontractor. 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 aeowpli.shed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or as specified in the Special Provisions, unless auchori.zed in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contracl:.or 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. Ins -tion (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($3 5.00) per hour, or latest rate approved by the City Council, except where such work is specifically required by the Special Provisions. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. ] d. Monumentation The Cawntractor shall properly guard, protect and preserve all street and highway mon ments, all property corner and property line urnm ents and all U.S.C. & G. S. monuments in their proper places until their removal is authorized by the Engineer. Arty monuments that have been removed without proper authority shall be replaced at the contractor's expense. e. Samples and Tests The source of supply of each of the materials to be used on the project shell be approved by the Engineer before delivery is started and before such m2,terial 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 PxamLi-ation 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 ac^�rdance with carumnly recognized standards of national organizations, and s",h special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any work at (800) 642-2444. Due Caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during construction of the project. During excavation, appropriate techniques shall be employed which safeguard all existing utilities and underground facilities. Damage to such utilities and underground facilities shall be repaired at the Contractor's expense if located by U.S.A. or shown on the plan or notified by project manager. 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 oonstriction watex frcan 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. 5. LEJGAL RELATIONS AND REspOONSIBn=ES TO TAE pUBL:IC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. b. Indemnity Contractor shall indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its officers, employees, agents, and elective and appointive boards, from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, arising out of or in any way 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 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. Sul3nission of ins nranee 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 claim✓ 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 upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Contract or specified by or procured by the Contractor, or out of the processes or actions employed by, or on behalf of, the Contractor in connection with the performance of this Contract. General Provisions page 7 of 15 b. Indemnity (continued) The Contractor shall also indemnify the City against and hold it harmless from any and all loss, damage, costs, expenses, and attorney's fees suffered or incurred on account of any breach by the Contractor, or its employees, agents, or subcontractors, of the aforesaid obligations a-nd 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 mother 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 fran the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminzGh;m 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. Public Liability - either Combined single limit of $11 .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 coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Automobile Liability - comprehensive Combined single limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. 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 recommended minority and female employment practices of the Office of Federal Contrac-t- Compliance of the United States Department of Labor as established for Santa Clara County. General Provisions Page 8 of 15 e. Prevailing 'iaages The Contrad-or shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulaticns which in any manv-er affect those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Sp+.vc-ifications. copies of the prevailing rate of per diem wagc.—s are on file at. the office of the Director of Public Works, City of Cupartinc. f. Resolution of Construction Claims This section applies to all public works claims of threxi hundred seventy- five thousand dollars($375,000.00) or less which arise lzx?tween a contract.-r and the C:Lty. This secticm shall not apply to any claims resulting from a contract betti�een a contractor and the City when the City has tlected to resolve any disputes pursuant to Article 7..1 (commencing with Section 10240) of Chapter i of Part 2 of the F_ablic Contract. Code. 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 bet� January 1, 199:1 and January 1, 1994, which is subject to this section shall iia-nrporate this section. Th 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 Cork done by or on behalf of the contractor pursuant to the contract for a rublic 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 dotmmients necessary to substantiate the claim. Claims mast be filed on ar before the date cf final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract: for the filing of claims. 2. (a) For claims of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) -lie City's written response to the claim, as further doh, she.11 be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. General Provisions page 9 of 15 . •r f. Resolution of Constnaction Clam (continue ) 3. (a) For claims of over fifty thousand dollars($50,000.00) and less thar. 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 doctmentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response 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 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 (cc mnencing with Section 900) and Chapter 2 (ecmmencing with Section 910) of Para`.: 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 met 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 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to 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 comnnenced within thirty(30) days of the submittal, and shall be concluded within fifteen(15) days from the cnmmercment 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 Claim (continued) 2. (a) If the matter retrains in dispute, the case shall be submitted to judicial ,arbitration punt to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Cade of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any 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 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo. 3. The court may, upon request by any may, order any witnesses to participate in the mediation or arbitration process. g. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer I s agents shall not be answerable or accountable in any marcher 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 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 being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence giving rise to a claim or lawsuit against the City or its officers or employees, that the Contractor had in effect public liability and property damage insurance of the type, form, and amount as provided in Section B, paragraph 6c, above (,,Insurance). (See state standard Specifications Section 7-1.12.] h. Workers Ctupensation 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, ccnmiencing with Section 3200, of the Labor Code or of the Unemployment Insurance Code, in effect for the entire period covered by the proposed contract. 7. PROPOSAL AND AWARD OF CONTRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Incomplete forms or lack of experience in the .field of work being bid may be cause for rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be executed in a sun 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 Section-, 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 Cmpletion, and the Faithful Performance shall be reduced by ninety percent(90$) at the Notice of Completion. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. [See State Standard Specifications Section 3-1.02. ] General Provisions page 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 eicstt(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 pereent(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 subject to the inspection and approval of the City, and subject to whatevex 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 sagDle escrow aunt 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 forcers so furnished will be disregarded. The proposal form is bourn to5ethther with the Notice to Contractors, General Provisions, Special Provisions, Biddex Qualification Form, SUIT Contractors Form and Signature Form. The Contractor shall submit as a minimum, the Notice to Contractors, Proposal, Bidder Qualification Form, Sub- Contractors Form and Signature Form. Bids containing less than this or bids containing incomplete forms will be disregarded. General Provisions page 1.3 of 15 e. Prc ?gsal Forms (continued) All proposals shall state the dates for ocupletion, if required, the Prices proposed, both in writing and in figures and shall show a total, and shall be signed by the bidder, with the bidders address. If proposals are made by an individual, name and post office address shall be shown. If made by a firm or partnership, the name and past office address of each mar 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, O pertino, CA, 95014-3255 or by calling (408) 252-4505. f. Proposal Guaranty All proposals or bids shall be accompanied by cash, a cashier's check or certified check payable to the order of the City of OAxrtino, in the amount of ten percent(10%) of the bid, or by a bond in said amount nt payable to the City of Cupertino. Said bond shall be signed by the bidder and a corporate surety, or by the bidder and two(2) sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall become payable to the City in case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the Oontractor 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, incouplete bids or erasures, or for irregularities of any kind. Only the proposal forms prepared by the City shall be used. . [See State standard Specifications Section 2-1.06.] h. Subcontractors The proposal shall contain the name and location of the place of business of any person or persons, firm, partnership, corporation, or combination thereof who will perform work or labor or render service to the prime contractor, except for those providing work or labor or rendering service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or iug�roveaent according to detailed 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 brie, 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. Me proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 14 of 15 INDEX DESCRIPPICA PAGE(S) ADOPTION OF SDUMARD SPECIFICATIONS I APPRFNIICES(Pr ,railing Wages) 8 AUIHORrrY TO DEVIATE FROM THE APPROVED PLANS 5 COMPETENCY OF BIDDERS 12 C cNSTRL=cN CLA 49 8-10 CONTRACT BONDS 12 OONTRACICR I S PAYMENTS 7 CCN`I'ROL OF THE WORK 5,6 DEFINITIONS OF TERNLS 1 DUST CONTROL 5 FDMCgTI'IC N OF C ONTRA.CT 13 HAZARDOUS MATERIALS 1,2 HEADINGS AND CITATICNS 1 INDt 7 INSPECTION 5,6 INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE 8 INSURANCE - WORKERS SENSATION AND YMENT' 12 LABOR NONDISCRIMINATION 8 LEGAL RELATIONS AND RESPCNSIBILITIFS TO THE FUBLIC(Labor Code 6d) 7-12 MONU EIdI TIC N 6 NOISE CONTROL 2 PAYMENT 13 PREVAILING WAGES 8 PROGRESS OF THE W1OW 2 PROPOSAL AND AWARD OF CONTRACT 12-14 PROPOSAL Fig 13,14 PROPOSAL GUARANTY 14 PROSFXYPT ON AND PROGRESS OF THE WORK 1-5 RECORD DRAWINGS 2 RETDCTION OF PROPOSALS 14 RESOLUTION OF CONSTRUCTION CLAIMS 5-11 RESPONSIBILITY FOR DAMAGES 11,12 RIGHT OF WAY 2 SAMPLES AND TESTS 6 SUBCONTRACTORS 14 SUSPENSION OF THE CONIRACT 3 TIME OF COMPLETION AND LIQUIDATED DAMAGES 3-5 UI*II,ITIE.S 6 WATER F FIOR CONSIRCON 6 WORKERS CCMPShSATIp AND UNEKP OYMEJT INSURANCE 12 General Provisimm page 15 of 15 C. SPDC:IAL PROVISIONS 1. UCATION: This work is located on various streets in the City of Cupertino, County of Santa Clara, as shown on the attached location :nap. 2. SCOPE OF WORK: The vork shall consist of spreading a mixture of asphaltic enwl.sion, mineral aggregate, and water, proportioned and mixed, on a surface or pavement where shown on the plans, as specified herein, in accordance with Caltrans Standard Specifications or as directed by the Engineer. 3. TRAFFIC CONTROL: Contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades and warning lights and sufficient flagmen to give adequate warning to vehicular traffic at all times. No lane closure shall be permitted before 8:30 A.M. or after 5:30 P.M., Monday through Friday on minor streets. Slurry seal shall be allowed to be applied between the hours of 8:30 A.M. and 3:30 P.M. . If in the City Inspector's opinion the slurry seal will take longer than two (2) hours to dry, the Contractor will be directed not to place slurry seal and an additional working day shall be added to the contract. The Contractor shall be allowed to schedule a maximum of 125,000 S.F. per truck of slurry seal to be placed per day. Only under special conditions shall the City have the right to permit lane closure before 8:30 A.M. or after 5:30 P.M. . The Contractor shall open the street to traffic as soon as possible but not until traffic will not damage the surface and no later than two (2) hours after the application of the slurry seal. All costs of the above shall be included in the price bid and no special compensation will be allowed. 4. MAIN NINING TRAFFIC: Attention is directed to sections 7-1.08, "Public Convenience", 7-1.09, "Public Safety", 12-3.04, "Portable Delineators'', and 12.2.02, "Flagging Costs" of the Standard Specifications and these Special Provisions. Personal vehicles of the contractor's enployees shall not be parked within the right-of-way during non-working hours. 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 in writing to the City Engineer for approval. SPECIAL PROVISIONS PAGE 1 OF 10 SPECIAL PROVISIONS (continued) : The schedule shall be plotted an a City map for review at the pre-construction nesting, ors aprproved a written schedule must be submitted. The Contractor shall schedule his work so that residents are provided a street near by to park their vehicles. In some areas this will require scheduling adjacent streets for slurry seal to be cmpleted on different days. The local authorities and the City Inspector shall be ratified in writing of changes to the schedule as they occur. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arranga menu 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 (30') of the edge of traffic lanes. Public traffic shall not be routed on any portion of the new construction until the signing, pavement markers and safety features ordered by the Engineer have been installed. 5. NMFICAT'ICN OF RESIDERM: The contractor shall notify each residence affected by construction along the street where the work is to be dome. The contractor shall be responsible for removal of vehicles which would interfere with the work and insure forty-eight (48) hours notice is given to property owner or tenant. If these notification procedures are not strictly followed, the contractor shall not be allowed to work on the street. The City shall supply the "No Parking" signs and door hanger notices to be used on this project. POSTING: The contractor shall be responsible for posting of "NO PARKING11 signs as notice of work to be done and also responsible for any re-posting of notices to streets that need to be rescheduled due to unforeseen delays. The contractor must post the date the work is scheduled along with the following day's date on each sign. This is in case of a minor delay. The 'M PARKING11 sign must have the dates posted on them in a legible manner. The "M PAA M G" signs mist be stapled to an "AI'-frame wooden barricade using three (3) , 5/1611 staples. A "NO PAS" sign and barricade shall be placed in front of each resident and on each corner at an intersection. TOWING PEE: Cupertino Imicipal 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 2 OF 10 SPECIAL PROVISIONS (continued) : TOWDC PEE: (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 forty eight (48) hours prior to the scheduled start of work. The contractor must notify local authorities with locations of postings. DOOR HANGERS: The Contractor shall be responsible for delivering door hanger notices. The City will provide the door hanger notices to the Contractor. These notices will. be delivered to each res-5o ce effected by the construction. This would include residerx: on cul-de-sacs and housing coaplexes that may not be receiving a r.j.t u.--y seal but the street that they exit on will be receiving a -lurrI seal. The door hanger notices shall be delivered forty eight (48) hours prior to the slurry sealing of the streets. The Contractor shall follow this posting schedule: A. Monday post for Wednesday B. Tuesday post for 'Thursday C. Wednesday post for Friday D. Friday post for Monday & Tuesday The notices shall be placed between the hours of 8:00 a.m. and 11:00 a.m The City Inspector shall verify that the notices were properly placed; if in his opinion proper posting was not achieved the Contractor shall not be allowed to place slurry seal on the street and the street will be rescheduled. 6. INSPECTION AND INSPECTION COSTS: The work will be inspected by the City of Cupertino. Inspection costs for any work done before 8:00 AM or after 5:00 PM on a regular work day, or on Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of $35.00 per hour. 7. PUBLIC CONVENIENCE AND SAFETY: The ccntractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. The contractor shall fumis`., erect and maintain sufficient warrang and directional signs, barricades and lights, and furnish sufficient flagmen to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions encountered as a result thereof. Flagmen, barricades, and signing shall be required in order to insure safe and orderly traffic flow. Side or adjacent streets shall be posted and detoured with barricades and signs to insure traffic is routed around the work area. No application of slurry material can be scheduled so that a street is closed to traffic before 8:30 AM or after 5:30 PM. SPECIAL PROVISIONS PAGE 3 OF 10 SPECIAL PROVISIONS (continued) 8. ESTDOM QUANI=ES: It is specifically pointed out that the quantities listed in the proposal and specifications are estimates only and being given on a basis of ccaparison of bids and the City of Cupertino ones not agree that the actual cammmt of work will correspond, but reserves the right to increase or decrease the amount of any class or portion of the work, or to unit items or portions of the work that may be deemed necessary by the Engineer. 'III QZMNTITY LISTED FOR EMN ITEM MAY BE INCREASED OR DEMEASED UP TO 'TWENTY-FIVE (25) P—ERCENT OF THE MNTRAL'T QUANTITIES WITH NO CHANGE IN UNIT PRICE BID. Estimated Quantities ITEM DESCRIPrICN EST.QTY. U= 1. Type II Slurry Seal 4,981,887 S.F. 2. Remove Traffic Striping 3,975 L.F. State Detail 23 City Detail 13C State Detail 38 State Detail 25 3. Remove and Install Traffic Pavement Markers 46 EA. 4. Remove and Install Blue Pavement Markers 247 EA. 5. Install Traffic Legends & Arrows 162 EA. stop Yield Speed (25 & 30) Arrow 6. Install Traffic Legend 9 EA. Stop Ahead SET Slaw School Xing 7. Install Painted 1211 Mite Traffic Striping 4,075 L.F. 8. Install Painted 1210 Yellow Traffic Striping 1,715 L.F. 9. Install State Detail 1 900 L.F. 10. Install City Detail 13C 1,160 L.F. 11. Install City Detail 23C 7,230 L.F. 12. Install State Detail 25 1,270 L.F. 13. Install State Detail 27B 268 L.F. 14. Install State Detail 38 915 L.F. 15. Install State Detail 39 172 L.F. 16. Install State Detail 39A 96 L.F. 17. Traffic Striping Layout 1 L.S. Alternative Bid 1. Latex Modified Slurry Seal 4,981,887 S.F. 9. EXPiANATICN 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 amnstruction ccuplete -n place and operating, of the work in accordance with these specifications and/or the contract plans. SPECIAL PkMSICNS PAGE 4 OF 10 . ' SPECIAL PROVISIONS (continued) : 9. EXPLANATIM OF BID ITEMS: (continued) Any item described in the Special Provisions not specifically listen as a bid item shall be considered as included in the various bid items and no special compensation will be ally. BID ITEM! NO. 1 - TYPE II SLURRY SEAL (S.F.) : This item is bid per square feat and shall include all costs for the application of slurry seal as described in Section D of the Technical Specifications. BID ITEM NO. 2 - REMOVE TRAMC STRIPING (L.F.) This bid item shall include all costs for the removal of the existing and/or conflicting raised pavement markers associated with the State and City Details as shown on contract. plans. Existing pavement markers, when no longer required for traffic lane delineation, shall be renoved and disposed of as directed by the Engineer. No sandblasting required. BID ITEM NO. 3 - REMM AND INSTALL TRAFFIC PAV94ENT MAMM--(Each) : This unit bid item shall include all cost for removal and replacement of the traffic pavement markers used to separate the direction of the vehicular movement on upper RAINBOW DRIVE AND RDGNART ROAD. The center of these two (2) roadways shall be marked with type "D" pavement markers and at twenty four(24) feet apart. The portion of the highway surface to which the markers is to be borxled by the adhesive shall be free of dirt, curing ec nVou nyd, grease, oil, moisture, loose or unsound layers, paint: and any other material which would adversely affect the bond of the adhesive. Blast cleaning will not be required. BID ITEM NO. 4 - RFMOVE AND INSTALL BLUE PAVEMENT MAMERS (Each) : 'Ibis Unit Bid item shall include all costs for removal and replacement of the 2-way blue reflective markers designating the locations of fire hydrants. The location of these markers shall be six inches (611) off the nearest lane striping to and in line with the existing fire hydrant. In residential areas the location of these marker shall be six inches (611) off the center line and in line with the existing fire hydrant. The portion of the highway surface to which the markers is to be bonded by the adhesive shall be free of dirt, curing euyd, grease, oil, moisture, loose or unsound layers, paint and any other material which would adversely affect the bond of the adhesive. Blast cleaning will not be required. SPECIAL PROVISIONS PAGE 5 OF 10 SPWIAL PRDVISIONS (continued) : BID ITEM 5 & 6 - INSTALL, PAUCM TRAFFIC LADS AND AMNS (Each) : This bid item shall include all costs for materials, equiprient and labor to install all legends as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all legends, arrows, and car markings in accordance with the plans. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make changes in the location and aligment of the pavement markings. The City will supply the contractor the necessary templates for legends and arrows. Arrangements for the loan and return of the templates shall be made at the pr ruction meeting. The Contractor shall provide suitable barriers, warning signs or other arrargemeaits to keep both foot and vehicular traffic away from the freshly painted surfaces until paint is thoroughly dry. No separate payment will be made for traffic control for applying traffic stripes. Full ao penLsaticn for traffic control shall be considered as included in the contract prices bid for traffic legends and arrows. Stop = 99 ea Yield = 3 ea Speed 25 = 41 ea 30 = 1 ea Arrow = 18 ea Stop Ahead = 1 ea. set Slow School Xing = 8 ea. set BID ITEM 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 - INSTALL TRAFFIC STRIPING (L.F.): MAs bid item shall include all costs for materials, equipment and labor to install all striping, as shown on the plans in acuordanoe with Section 84 of the Standard Specification and the State Traffic Manual. Prior to printing, the contractor shall call for review and approval of the proposedstriping siping by the City's Traffic Engineer. The City shall have the right to make changes in the location and alig►ament of the lane stripes and pavement markings. No separate payment will be made for traffic control for applying traffic stripes. Fall eoupensation for traffic Control shall be considered as included in the contract price. SPECIAL PFOnSICNS PAGE 6 OF 10 7i SPECIAL PROVISIONS (continued) BID ITEM NO. 17 - TRAFFIC SITRIPING LAYOtr (CAT TRAMNG OR DRIBBLE (L.S.) This lug sum bid item shall include all costs for providing and placing traffic marks per color and location shown on the plans or as duvcted by the City Engineer. Control of aligrmtent and layout of traffic stripes shall conform to the provisions in Section 84-1.02, "Traffic Stripes and Pavement Markings," of the Standard Specifications. Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows and other markings in accordance with the plans and City Standard markings by cat tracking with painted marks inmedi.ately or no later than two (2) hours behind the contractor's paving operation. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignuent and placing spots of paint along the rope. The spots shall not be more than three inches (311) in width and nat more than five feet (51) apart on curves nor more than ten feet (101) apart an tangents. Dribble lines shall consist of marking the pavement with a thin line of paint using a striping machine or other suitable device. Dribble lines shall be on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment. Paint for cat tracks and dribble lines shall be the same color as the traffic stripe for which they are replacug: Prior to painting, the contractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. City shall have the right to make changes in the location and alignment of lane stripes. No separate payment will be made fcz traffic control for applying cat tracks or dribble lines. Full eoupensation for traffic control shall be considered as included in the contract prices. See City of Cupertino Standard Details 2-25 and 2-27. See State Standard Plans A20-A, A20-B, A20-C, A-24A, A-24B, A-24C, A-24D. ALTERNATIVE BID ITEK NO 1- TYPE II STMY SEAL WITH TIME RESTRICTIONS S.F. This bid item if selected would be used instead of Bid Item No. 1. This item is bid per square foot and shall be the cost for the appli ation of latex modified slurry seal as described in Section D of the Technical. Specifications. SPECIAL PROVISIONS PAGE 7 OF 10 ALTEi2tdATIVE BID ITEK NO 1 - TYPE II SLUM SEAL WrM Tin RESTRICTIC NS (S.F.) (continued) The Contractor shall provide to the City prior to starting the project the mix design for approval by the City Engineer. Along with thee mix design a one (1) gallon sample of the latex modified emxlsion and eighty (80) pounds of aggregate mast be provided so that tests can be performed to verify the mix design performance. The Latex modified Slurry Seal shall oonfa m to Section 378 of Caltrans Standard Specifications and the Technical Specifications vinere applicable. 10. TIME OF COMMON/LIQUMATED DAMAGES: The contra for shall diligently prosecute the work and said work shall be cczpleted before the expiration of forty (40) working days from the notice to proceed. The beginning date for start of work shall be July 5, 1993. In order to complete this maintenance work on schedule, the City requests that once the notice to proceed and project has started, the contractor not pull off the job until completion of work, unless authorized by the City. The Contractor shall pay to the City of Cupertinm the sum of One Hundred and Fifty Dollars ($150:00) per day for each and every calendar day's delay beyond the coupletion date. This amount of liquidated damages shall be deducted by the City from monies dine from the C3on1tractor hereunder, or the Contractor's assigned, sirs, and sureties shall be liable to the City for any excess: 11. WATER: Since Water quality is essential for this project the City will supply potable water through a City fire hydrant for this project only. 12. LIQUIDATED DAMAGES FOR TRAFFIC STRIPING: 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 p.m. on each calendar day of the project. 2. Within two (2) hours after each street has been slurried or overlaid, I shall be responsible for accurately locating and installing temporary centerlines, two-,way barrier, twm-way left turn lanes, left turn pockets, bike lanes, travel lanes, and other striping not solely limited to these patterns or legends as shown in the StanC2ard Plans dated July I M, of the St Ate of California A20(A,B,C,D), A 24(A,B,C,D,E), City St n dard'. Details 2-26 & 2-27, and the Project Plans. Bid Items 3 h 16. If I fail to perform this portion of the job, I shall pay the City of 04vxtins the sun of one hundred and fifty dollars($150.00) per calendar day for that cent day, plus the suns of one hundred and fifty dollars($150.00) for each and every calendar day the temporary striping remains inxmplete. SPECIAL PRNISXaVs PAGE 8 OF 10 SPECIAL PF40VISIONS (continued) 12. LINED DAMAGES FUR TRAFFIC SIRIPI14G: (continued) 3. No permanent strip shall be installed for seven(7) calendar days after the street has been slurried or overlaid, not including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permanent Striping shall be installed between the eighth(Sth) and the twelfth(12th) calendar days. 5. On the thirteenth(13th) calendar day following the slurry or overlay of each street, I shall be responsible for having ccupleted the installation of the permanent striping. All centerlines, two-way barrier, two�way left turn. lanes, left turn pockets, bike lanes, travel lams, limit lines (stop bars) , legends, speed limits, and other striping not solely limited to these patterns or legends as shun in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D) , A 24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($150.00) per day for that day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the permanent traffic striping, markings, and legends remains incomplete. This amount of liquidated damages shall be deducted by the City frwn monies due from the Contractor hereunder, or the contractor's assigned, successors, and sureties shall be liable to the City for any excess. 13. PRDOIDNSI'RUCrION MEETING: A preconstruction meeting will be scheduled prior to beginning work. Striping plans will be discussed at that time. 14. NOISE CDNTROL: Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 of the Cupertino Mucipal 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 produce a noise level more than 89 dBA at a distance of twenty-five feet (251) (7.5 meters) . 2. A noise level on any nearby property does not exceed 70 dBA. SPECIAL PRCVISICNS PAGE 9 OF 10 SPECIAL PPMSIONS (continued) 14. NOISE CORML: (continued) It is a violation of this chapter to engage in any grading, street construction or urdergro u id 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 the City of Cupertino Municipal Code, Section 10.48. Grading, construction, or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040. 15. SURFACE PREPARATION: Special care shall be taken to clean the pavement befOA.= the slurry seal application. Contractor shall provide whatever cotqn-essed air or other cleaning methods approved by the City necessary to remw all dirt, weeds and loose material from the pavement. 16. TREE TPJ24K-X: All tree trimming shall be done by the City prior to beginning of work. The Contractor shall provide the City with a list of street addresses requiring tree trimming, at the pre-construction meeting- V. I-MiAL CLEANUP: The contractor shall provide all necessary equipment, skill and manpower to sweep all completed slurry sealed streets to the satisfaction of the City Inspector. 18. PAYMEW: Payment shall be made on only those streets the City has approved and for an approved amomt. No other compensation will be allowed. A payment schedule is available in the Public Works Department. au-Me orders will not be considered or accepted after the project has been accepted by the City Council. SPECIAL PROVISIONS PAGE 10 OF 10 D. TBUF ICAL SPBCIFICATTONS 1. TYPE II SLUFW SEAL A. MATERIALS: 1. Asphaltic Emulsion - Bituminous binder shall be a quick set cationic emulsion, and shall conform to Section 37-2.02A, Asphaltic Eaeulsion", of the Stag of California Specifications. 2. Aggregate - Itm aggregate used in this project shall conform to Section 37-2.02C, "Aggregates", of the State of California Specifications. Percent ocapositlon by weight shall conform to the following schedule when tested by Tit. No. California 202. Sieve Size Percent Passim (Type II) 3/8" 100% No. 4 90 -100 No. 8 65 - 90 No. 16 40 - 70 No. 30 25 - 50 No. 200 5 - 15 The aggregate shall also conform to the following quality requirements: California Tests Tit Requirements Sand Bquivalmnt 217 45 Min. Film Stripping (Test performed on the material passing the No. 8 sieve and retained in the No. 16 sieve) 302 25% Max. Durability Index 229 60 Min. The contractor shall supply the City with a sarq:)le of the asphaltic emulsion (1 gal.) aril aggregate (80 lbs.) to be used on the project. If the batch changes during the course of the project new samples will be required. A Certificate of Compliance is required for each load of materials. All slurry seals must pass a wet track abrasion test by ASIM D3910 which allows 75 gins/sq. ft. max. to be last during the test. B. WATER: All water used with the slurry mixture shall be potable and free from harmful soluble salts. The contractor shall include all costs for obtaining water. A City water hydrant is located adjacent to the City Service Center where material may be stockpiled. C. APPISCATIM OF SLT�2RY: 1. Slurry seal shall 'ae placed only when the atmospheric - ---_erature is at least 650F. Slurry seal shall not be placed on the surface of a street aftAw the times delineated in the Special Provisions, Paragraph 2, Traffic Control, unless expressly authorized by the Engineer. If the relative humidity is too high to allow quick setting of the slurry the work shall be pasq=led. TECHNICAL SPBCIFICATIMS PAGE 1 OF 4 . TDMICAL SPBGIIF Q1NCIM (ooxtinued) : 2. Before slurry seal is to be applied to any areas, all miscellaneous utility cover, including all flush mounted street mats and manhole covers located in the areas to be surfaced shall be covered or oiled. The covers and urnments shall be completely cleaned as quickly as possible after the application of the slurry seal and prior to the final set of the slurry. All item so cleaned by the contractor shall meet the requirements stipulated by the Engineer and/or the utilities involved. 3. The oontractor shall refrain free using diesel fuel or solvents of any kind for cleaning tools and equipment in such a manriex as to permit spillage of the diesel fuel or solvent on existing Pam, curbs, gutters, parkways, or other improved areas. 4. The rate of ding of the slurry seal shall be such that a street may be open to traffic within two (2) hours after application without tracking or damage to the surfacing. 5. The surface shall be fogged with water at a rate of 0.10 gallon per squam yard directly Ping the spreader if required. The application of slurry shall then be such to apply a uniform complete coverage of the strut areas. No lumping, balling or unmixed aggregate shall be permitted. If segregation of the emulsion and aggregate fines from the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. No excessive bleeding of the emuLsion will be allowed in the spreader box. No streaks such as caused by oversized aggregate will be left in the finished pavement. The entire pavement, including the area around curb returns, shall be covered from gutter to gutter. A sand blotter shall be spread at selected intersections, where required by the Engineer, to accommodate pedestrian traffic until the slurry sets. No excessive build--up nor unsightly appearance shall be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be approved by the Engineer. Approved somas shall be used to spread slurry in non accessible areas to the slurry mixer. Care shall be exercised in leaving no unsightly appearance from hand work. "Tire tracks" from the equipment used herein shall not mark or discolor adjoining streets where no work is to be done. Said tracks discoloration shall be sand blasted out as required by the Engineer. This shall apply to noticeable discolaraticns. TF3CMCAL FI(ATIONS PAGE 2 OF 4 c IMC HNIC ALA SPDGTFICATIC NS (continued): D. PR3MMIC NIM: the mix shall be proportioned in accar zaice with Section 37-2.03. E. S"IOC KPILE AIM: The vontmctcr may stockpile aggregate at a location provided by the city; dust cntrol mast be provided., All cleanup and removal of excess material shall be provided by the contractor at no cost to the city. Said work shall be at the direction of the Engineer. TDC MIC AL, SPEC MCATIONS PAGE 3 OF 4 93-015 STREET MAINTENANCE SLURRY SEAL 3 of 5 PROJECT 93-104 TECHNICAL SPECIFICATIONS Continued: 2. TEMPORARY PAVEMENT MARKERS: The marker body shall be manufactured from a polyurethane material meeting the following requirements. Property Requirement ASTM Test Method Specific Gravity (Min) 1.19 D-792 Harness (Min) 80 A D-22-0 Tensile Strength (Min. PSI) 4600 D-412 Ultimate Elongation (Min. %) 300 D-412 Modulus @300% (Min. PSI) 1000 D-412 Stiffness @-20oF (Min. PSI) 1700 D-1053 @-72oF (Min. PSI) 900 D-1053 Compression Set 22 hours @ 700C (Max. t) 65 D-395 Taber Abrasion CS17 Wheel Wt. Lose Mg./1000 cycles 3 3\ N The marker body thickness shall be 0.060" plus or minus o.010". The reflective tape shall be metallized polycarbonate microprism retroreflective material or equal. The tape shall have a minimum reflectance of 1800 candlepower per footcandle per square foot at 1/10o observation and Oo entrance angles. The reflective tape shall be a minimum of 1/4" wide and 3-1/2" long. The adhesive on surface III shall be a solid butyl rubber 1/8" thick, 3/4" wide on 1" wide release paper. Marker types shall be as follows: Type Y - a yellow body with yellow reflective tape on surfaces I and II and solid butyl rubber adhesive on surface III. x Type W - a white body with white reflective tape on surfaces I and II and solid butyl rubber adhesive on surface III. Refer to Detail 1 for dimensions of markers. TECHNICAL SPECIFICATIONS PAGE 4 OF 4 E. CONPRAC'r FOR PUBLIC WORKS This CONIRACr made on by the ciTy OF CUPERFIlJO, a municipal_ corporation of the State of California, hereinafter called cIT'Y, and , hereinafter called CONTRAC OR. IT IS HEREBY AGREED by CTTY and CONTRACTOR as follows: 1. 7W OONnV%CT DOCUMMUS. The complete 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 Sly WsnrMWXZ - SLUM SEAL d. Faithful Performance Bond and Materials Band. 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 Ccupensation 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. 7W WCEK. CONTRACTOR agrees:: to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good ud working order, the work of S.W mnmNAUM - SLR[ SEAL as callFA for, and in the manner designated in, and in strict conformity with, ttne Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, SMW MAn - MR RV SEAL, ERXFB= 93-104 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of OONTRAC'DOR, 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 i. viskovich. Contract Page 1 of 6 CONTRACT FUR PUBLIC hO1WS (continued) 3. CIMUMT FMCS. CITY agrees to Pay, and OOMACIt3R agrees to accept, in full payment for Lie work above agreed to be done, the sum of subject to additions and/or deductions as provided in the Contract Documents, per 5dubit A attached hereto. 4. ffi'- PERMINM TO FIMOM FUR [JM. Should any dispute arise respect_i . `:•s true value of the work done, or any work amitted, or of any extra way' :; ich CCMRACICR may be required to do, or respecting the size of any payment: co COMMA= during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f" of the General Provisions. 5. PROEUS, CIMELMME WM IM. COMIRACIOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTMON BY TM CITY. OONIRACICR shall at all times maintain proper facilities and provide safe access for inspection '_y CITY to all parts of the work, and to the shops wherein the work is in Ac�paration. Mere 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 dent 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 CONTRACMR°S expense- 7. B=A CR AECWr=4RL MW AND CHANCES. Should CITY at any time duruxg the progress of the work require any alterations, deviations, additions or omissions tram the Plans or Specifications or the Contract Docents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agree�nt of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. C291MMS TO M. CITY shall have the right to make charges in this Contract during the course of conistructicn to bring the completed improve ents into couplianoe with environmental requirements or standards established by State and Federal statutes and regulations after the Oontract has been awarded or entrexed into. CMMACPOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreemmit of the parties. Contract Page 2 of 6 affIRACT FOR PUBIC WORKS (continued) 9. T' MUMCNI AMENUMM OR This Contract may be terminated, amcnded 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 agent of the parties. 10. TBM FUR CCMMTC K. All work under this Contract shall be congplet.,ed 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 enployees, or those under it by contract or otherwise, or by des ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond COTIR MOR'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 damagea for delay by either party under other provisions in the Contract Documents. 11. RM7M AND 7ESTU G CST DAIS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. DUUICN FUR EMMM Qt E CY. If COMACIOR 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 satisfactor * arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten(10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CUTTRACMR, 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 ccumenoe 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 ac=uyt and at the expense of CONTRACTOR, and CONIRA►CMR 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 conpleting 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. TM CITY'S RICH' TO WMKZD CERM'XJ AMID MKE AM3MC MTC K In addition to amounts which CITY may retain Under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-vontractiors for labor and services rendered and materials furnished in and about the work. Contract Page 3 of 6 M Jill' aNIMACT FOR PUBLIC WORKS (continued) CITY may apply such withheld amount, or amounts to the payment of such claims in its discretion. In doing so, CTN shall be deemed the agent of C NTPA=, and any payment so :Wade by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to aOMIRACIM for any payment no in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of pegment 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 gully described in CITY'S Notioe to Contractors. 14. HMFCE AND S RV3:CB 7HERBOV. Any notice fz 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 :at be effective for any purpose whatsoever unless served in the C .Mowing manner: (a) if the notice is given to CITY either by personal delivery thereof to the 71nineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPEIYY'Il40, 10300 MEM AVENUE, CUPERrINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CORIRACIOR, either by personal delivery thereof to CONTRACTOR, or to CONIRAMOR'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 , Page prepaid and certified; and (c) if notice is given to CONTRACTOR'S suety or any other person, either by personal delivery thereof to CONTRAMR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACIOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last canrunicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNEW OF OWIPACT. 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. CCMF1J3VaM W.IM F11CMIMS OF MAMERMS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by COYMCIOR 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. GIs RAMM ADD ma's a3'AMxft RRNM. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and &ployer's Liability Insurance for all of CMIMACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all sub-contractors similarly to provide Worker's Compensation and Employer's Liability Insurance fur all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. Contract Page 4 of 6 CWn2ACI' FOR RMUC WOM (continued) In signing this Contract COMA=R mom. 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 eoupensaticn or to undertake self insurance in accordance with the provisions of the Labor Code, and I will ccuply with such provisions before wing the perform of the work of this Contract." 18. AOCZEW FONSWUN. Precaution shall be exercised at all times for the protection of persons (including employees) and party. Tice 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 Orion and Safety Orders issued by the Industrial Accident lion of the State of California. 19. CCNTRPXMMvS it I FUR 7M ice. QCNTRACrM shall riot be responsible for the oast of repairing or restoring damage to the work caused by Acts of God. NEMM LESS, 0 VnMc1oR shall, if the insuraroe 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 oocurrenoes or conditions and effects: earthquakes and tidal waves, when such max s 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 mariner, 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. CX2FBVW=M1S GLAPJe? E. CONTRACIOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor 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 CONnRACr0R will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipmmt, whether latent or patent, revealed to CITY within one(1) year of the date of acceptance of eou¢letion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 21. EEMUM ALTERWM SELEMMM. The City reserves the riot 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 COACT FOR PUBLIC WCFWS (oontinued) P.O. IN i rn;ES.S wwwF, the parti -s have executed this Contract, in duplicate, the day and year first hereinabove written. CrrY OF CUPERTIM OORTMCICt: By: Notary acla wledgmient is required. If a corporation, corporate seal and gate notary adamledgmuent are required. If not a corporation a Social Security No. or Federal Tax I.D.0 is required. Soc. Security Federal Tax I.D. # By: City Manager Attest: City Clerk Date: 19 City Clerk APPROVED AS TO F M AND PROEDURE: City Attorney Project Name & Number: 31i= - SELEW SEEM., P8M7E= 93-104 Contractors Name and Address: Contract Amount: $ Account Number: File (Amber: 98,493.45 Contract Page 6 of 6 MUMCr FOR PUV_IC WOM (continued) INSURANCE ACREEMERr A. Contractor is aware of the provisions of Section 3700 of the labor Code, which requires every eirployer to be insured against lidbility for workers' c=gwimation or undertake self-insurance in accordance wits the provisions of that Code, and will oily with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation ins for the protection of its employees ding the progress of the work. The mumer 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, c oumercial or ccutwehenbsive general liability insurance, automobile liability insurance and builder's all risk ins . All insurance coverage shall be. in M=-,ts 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 ire eoupanies satisfactory to the City for all operations, subcontract work, contractual obligations, product or coupleted operations, all owned vehicles and nmt-owned vehicles. said insurance coverage obtained by the Contractor, excepting workers' ccupensation coverage, shall name the City, its engineer, and each of its Directors, Officers,Agents and Employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall providii the -mme and policy number of each carrier and policy and that the insurance is in force and will not be candled 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 ccupleted. The requirement for carrying the foregoing insurance shall not derogate from the provisions for inudennification 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 cc upany admitted in California and having a Best's Guide Rating of A, Class VII or better.. Worker's Coopen>sation Liability. In accordance with the Worker's Owupensation Act of the state of California - $1,000,000 per occurrence. Insurance Aunt Page 1 of 2 OWrRACr FUR FJBLIC WOMS (continmed) Public Liability - either Combined single limit of 1.0 millicn c111nercial general liability per oautxenoe; $2.0 million in the or caTFrehensive general liability; aggregate. including provisions for contractual liability, personal injury, independent aontractcor`s and property damage coverages. Builder's all Risk. Aiommt equal to 100% of the oontract price bid; $25,000 deductible is alloumd. Automobile Liability - oaTrehensive Gbmbined single limit of $500,000.00 covering owed, non-owned and hired per oocarrence. automobiles. By: (Contractor Is Name) Dated: 19 1 Insurance Agent Page 2 of 2 • i CONrRACr FUR PUBLIC WORKS (continued) CERTIFICATE OF INSURANCE To THE CITY OF CUPEFUINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations/locations/pro&&-ts insured (show contract name and/or number, if any) : WORFMSI CCMPENSNTICN *Statutory Min. *Erqployer's Liability (name of insurer) $ $ $ Insurance Oampany's State License No. Check Policy Type: Each Occurrence $ CCIMPREIETSIVE GENERAL IJMIISPY [ 7 Premises/Operations General Aggregate $ (if applicable) [ J Owners & Contractors Protective Aggregate $ [ ] Contractual for Specific Contract Personal Injury $ [ ] Products Liability [ ] XCU Hazards [ ] Broad Farm P.D. Fire Damage (any [ ] Severability of Interest one fire) $ Clause [ J Personal Injury with Medical O pense Egplcyee Exclusion Wormed (any one person) $ or Self-Inssured COMMERCIAL GENERAL LIABILITY Retention $ (name of insurer) Policy No. Expiration Date Certificate of Insurance Page 1 of 2 CONTRACT MR PUBLIC WOWS (continued) AU1CINIX'IVE/WHICLE LSABnm BODILY IYum PROPEFM DAMAGE Commercial Farm Each Person Each Accident. Liability Coverage S S Each Accident (name of insurer) $ or Combined Single Limit $ Policy No. Eupiraticn Date BUILDER'S RISK /GALL RISK" This is to certify that the following policy has been issued by the belcw- stated company in corformnce with the requirements of Section 8-1 of the General Provisions and is in .force at this time: (name of insurer) POIZCY EXPIRATION LIMITS OF D� NUKBER DATE LIABILITY A copy of all Endorsements 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. 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 afford by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERrIFIED 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 Additional Insures Fhdorsement on company form. Certificate of Insurance Page 2 of 2 5 CWMACr FOR PUBLIC WORKS (continued) ENDORSE ERE OF PRIMARY INSURANCE In consideration of the policy premium and notwithstarding 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 insuranor- held or owned by the designated additional in-sured(s) shall be called upon to cover a loss under said additional policy. POLICY IlVFOTION 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 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, (print/type ) warrant that I have authority to bind the below listed Insurance CogwV and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original sigmture required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Primary Mxkwsement Page 1 of 1 ,i CONTRACT FOR PUBLIC WORKS (continued) CX34VEIMSIVE GENERAL LIABILITY/ OOVMERCIAL GENERAL LIABILITY 14 * y4 tt 4! E NDORSEMERr OF AGGREGATE LIRIITS OF INSURANCE PER PRC)►n= In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Faint 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 INSURANCE applies separately to the project described as POLICY INFOR4ATION 1. Insurance C cupany: 2. Insurance Policy Number: 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 givens by the Insurance Company to the City k connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Cuperti;io, California, 95014. I, (print/type ire) warrant that I have authority to bind the below listed Insurance C=Pany and by my signature hereon do so bind this Company. Signature of Authorized Represet-itative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: address: Telephone: _- Facsimile: Aggregate Limits Endorsement Page 1 of 1 ADDITICNAL INSURID ENDORSEMERr 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 City of Cupertino ("City") and its Directors, officers, engineers, agents and employees, and all public agencies from whore permits will be obtained -and their Directors, officers, engineers, agents 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 Moises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection witth, but limited to its general supervision or inspection of said operations. POLICY INFC1 l MON 1. Insurance CaApany: 2. insurance Policy Number: 3. Effective Date of this Erndorsement: 19 4. Insured: All notices herein provided to be given by the Insurance Cony to the City in connection with this policy and this Additional Insured E rdorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue, Oqpertino, California, 95014. I, (Pr'int/'Ype name) warrant that I have authority to bind the below listed Insurance Cwpany and by my signature hereon do so bind this Company. Signature of Authorized Representative: (original signature required on all Erdorsements furnished to the District) Names of Argent/Agency: Title: _ Address: Telephone: _ Facsimile: Additional Insured EndorsenLent Page 1 of 1 CONTRACT FOR PUBLIC WORKS (continued) WAIVER OF SUBROGATION FAMORSEME R1 WORKER'S OWENSATION 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 Ccupany waives any right of subrogation it may acquire against the City of Cupertino, and each of its Directors, Officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFKAMMON 1. Insurance Ccupany: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 19 4. Insured: 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, (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 Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Subrogation Endorsement Page 1 of 1 OONTRACT. MR PUBLIC WCPYS (caontinued) NOTICE OF POLICY CANCE�ION ENDCRSEMERr In consideration of the policy premium and notwith�inq any incon- sistent statement in the policy to whack this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy small not be suspended, voided, cancelled, reduced in coverage or in limits, or materially altered, except after thirty(30) dams' prior written notice by certified mail, return receipt ram, has been given to the City of Cupertino ("City") . Such notice shall be addressed to the City as indicated below. POLICY INF0149 ICN 1. Insurance Company: 2. Insurance Policy fir: 3. Effective Date of this F]xlorsement: , 19 4. Ian: 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 Tbrre Avenue, Cupertino, California, 95014. I, (r-tint/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 Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Cancellation IInzdorsement Page 1 of 1 FAIT OM PERFi0k WCE BOW KiM ALL MEN BY THESE PRESE Rr: THAT WE, as Principal, (contractor's name) and as ( 's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of lawful money of the United states, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE ODMITION 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 to-wit: NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS MWMF, this u trrment has been duly execute by Principal and Surety this day of , 19 . (To be signed by Principal and Surety. Notary acknowledgments required) CONTRACTOR Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,19` Faithful Performanoe Page 1 of 1 CONTRACr FOR RJBLIC 68OM (continued) LABOR AND MATERIAL BOND IQM ALL MELT BY THESE PRFSE2dr: 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, fiction, and erection by Principal of more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its suboontractars, 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, 2HEREFCRE, WE, as Principal, (contractor's name) and as Surety, (Bonding Ccapany's name) firmly bind ourselves, our errs, 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 immrporated herein by reference, and all persons, cagmnies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of THE 00WITION OF THIS OBLIGATION IS S[XH THAT if said principal, his or its suboontractcrs, 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 perfonwioe of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Uhemlayment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, coapanies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Prooedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 CWnRAM FM PUBLIC WAS (continue) And the said Surety, for value received, kAreby stipulates, and agrees that no change, extension of time, alteration or addition to the texas of the contract or to the work to be performed thareunder or the specifications accanqxurying the same shall in any wise affect its obligations on this band, 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 Wrn4ESS %OWF, this i:nstrw t has been duly executed by the Primipal and Surety this _ day of , 19_ (Th be signed by Principal and Surety. Notary acknowledgments rewired) C70NT ACPCR Principal Surety By: Attorney-In-Fact The above bond is acoegted and approved this day of ,19 Labor and Material Page 2 of 2 3s oC.$' M�'�d��3�ti 3P�s�3" .53 stol b 1� �,HA�ID/CAP RRi7P v v a T 1 PICRL STOP BAR L AC ATION a TYPICRL X-WALK LOCATION DETAIL 2 48 48` O O O O O O O O O 0 O O O O O O ® 3" 0 0 0 0 0 0 0 0 ® 0 0 0 0 0 0 0 1 8' 1 g' 1 DETAIL. 23C 36' 48 6 48' ® 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 0 O O O O 8 6 6 I 18` 1 12 l 18 10 - 12' t O 0 0 0 O O O O 3„ O O O O O O O O O O O O O O O O 0— DETAIL 33C LEGEND ® TWO-WAY YELLOW REFLECTIVE MARKER O NON- REFLECTIVE YELLOW MARKER DETAIL 3 CITY OF CUPERTINO AVPslove® �r : to : 2 � 2--26 STANDARD DETAILS ti m 0 20 7D VEH 6' 4'� 4• ®` r! M N 6 ® . BIKE T LIMIT LINE 5:min. 10 6� or varies FOX. V 0 0 TYPICAL BIKE LANE AT INTERSECTION A � 200, ® 1®® Q1 VEH 6 T varies LIMIT LINE BIKE 5 Min. 6 or varies 1•�.� 46- �, WI®ENE® BIKE LANE AT INTERSECTION v . o- awn CENTERLINES (2 LANE HIGHWAYS) LANELINES iemtn.e c-I DETAIL 1 (MULTILANE HIGHWAYS) �� - f..r-tr Ir�.rr�..•._rr-r,.t_, JOY ,•_ need..doer o.n .. - DETAIL 8 DETAIL 2 NO PASSING ZONES-ONE DIRECTION 17-71 r--n•--?'—IT'—Y_ ® O Gra'•• die.• DETAIL 9 DETAIL 15 .T ee DETAIL 4 "dP- [v/ter -n- r�o/� _ ee•��-...,_ ef• O -1 17:7 O ter" e%i-1`_.C/i-• -t'- r�® DETAIL 16 -��"^'^""'^'•"; -�- DETAIL 10 m ® m I DETAIL 5 ee ro- 7efa 000 _ ? '��__ fie,e=__a•_ 0 a .tee•� — 00 fill DETAIL 17 O 0 00 m 000 f3.1. DETAIL 6 111100000000©UGNIF eg• DETAIL 11 --41- °'�. 36 a •m-0---2----w ____1?'-- 4• •�0 r3symm -► DETAIL 18 • . ... .. T DETAIL 7 ^'�' e e a - �-��` �a DETAIL 12 �i F'�r-'� 0 1. ® ®®®® Is w� 1--Or Q•� DETAIL 19 --•:.,,.._:. ._: i T p a6_r_•�_� _�O �- O MARKER �i -r.® a.—.® ....?e...:-. ®fir $ u LEGEND DETAILS °o-t605 DETAIL 13 - - ef_ Is 0000 mt w of ��'�p•_T_--4•�' eon DE i All 20 0 0000 IN aim®0000m00.4,6 p Q TTv[a.mfe Rofrrefbcfhe �•' ...,a► e•w ® TYK AT Temp.tim-ef"t" RHreffv face T'fPE A TYPE AY NO PASSING ZONES-TWO DIRECTIONS a ®TTPc.C am-cow R.ftecfl.. e.00•• e.oe•• DETAIL 14 ®o ®TTPc D T..-soy Toro.Refocti" -E�' DETAIL 21 --L � we' 0 cow 6 mwet;x e Ref*ctl e � T ee' -es' eb' • ®TTR.a Oa-.eT Tempe RNlecnw 7 0000 m 0000 ® 0000 m $� ® 13 ®� �y LRCS •' DETAIL 14 DETAIL 22 �'7 �-� • we,, TYPE C 8 TYPE G 8 a-reed. T YPE D TYPE H s �J y __ r-`fie, ; je.__� '•• -em- Macnon of trove NOTES '1 ± DETAIL 23 5 a• %p11ile-we•.-%�nw-we• -wo•- ®0 0 0 0 0 O 0 0 0 0 0 0T LIpNree projected orw of I• ( I r Ofle -fm .L00 ea,o-.Incn �e•� 2.Ref wctlre moaere need nPf oe ret talw•/ar' \�`--= DETAIL 13�/ DEPARTIA.1 d iq TAUW s.oet°,�debt•° PAVEMENT MARKERS AND TRAFFIC LINES TYPICAL. DETAILS NO SCALE A�OA IA fit• kso°yl2NO«°y2 Mii � �,,pw y'1 a � �L�® °nth �wJ yak ,,ON"At go-�1 c A j12 H 36"ir I,q j i10 di �A�s ��.0 °^„'°t°tl t°�e'9 91y 1�d1 °o°1CA xo+o•�' .rr'°' S L H�itl yA k..... IF 4�Y•'jA" S•s l,r' i.3'o 1y�a �. 1 a OR �s xL e ! ��-sue"s ®g®®®,.G ® A a4 agg®g 00 o���®� _ r � 1 � tJ1 ®Q?® ® � '"L to+•°'"•"O tt„'�t'`�r � �Z �e i34 •aL.ys�I.tL Na,ij35tl ®gg®® c; �^ ese 5aN3 34 z -� y6t Q gg®�g�. .s ®g� ®g'®°g— r- tL 44 ,,�. els 000 Z "�®�..�•`_s.�.�.-� �%"v� g •.cy AV" Gg® Z �as34 � i r�T�1- ®®.r1 g'���,�.�� �" n 'J!® �A"'�.-' 7� 1� �"f ✓.rt''�� �,. to•pw•"On t° 1+ •.t ®_...---".,� ��'yAy�-�.a�c �.tt."� y4�34 taR p��poi•c4! ® t1 a 11 AT- Crt ���.,2� •t Ar K �V 13° C� SaNy,s� Mdtia3 or+ 1� EXIT RAMP NEUTRAL AREA (GORE)TREATMENT LANE DROP AT INTERSECTIONS DETAIL 35 -Fops Of T•o.Wa boy OA•.Nul Hs? r DETAIL 378 wso.rw,o...wi, axe s»o,ia ne r r,a,.rie w w---i'--x�`—!r_'�S•�Y p` ■ Y"ma iris sic Ron Am J I �'— ��•� ONO DIM Q 0 0 0 0 0 0 0 0 �•s ?- ■ s..Aston m sic Ron A Io6\ r•�+•Ira lrswo+roffk .� sa Efs+rf x • $+a Itin eA/o ■ r rqo.ar» DETAIL 37C Cope of iro+sbd fray IOW ENTRANCE RAMP NEUTRAL AREA (GORE)TREATMENT Be 0 Be Be ;`,3. Be�0 Be Be88 0 Be 08886}8088� DETAIL 36A / r/ed+a Ina /to"of TrwaW oar oaMrkrl �� / iKou�froffk au/► l5es ic�AEO pAI"•aI0'� Sole p MARKER E+0 Ron AiOB r• rot.� ` sas ps,a/ DETAILS �1I I to Pion A LEGEND I MA S I r W199 lhw�- 1 yp•a Wormers optwa r•ryas w Yesnsat _.i' Z Eaps of Tro+.ao Ioy 0lmnor Aefrcil+.face t s■�.tr Q ifR a Tncis Ywr r.ffseif+. TYPE A ® TT►E E Sad-Ow ksffse+M 4Ar 4AW, 30 . 30 • Y' �� im L ww-.oy cw u.er.ctwe sfo Rv+Alp! .■.: Dv.efwn or i.o+sf am•-a»-3 T-i LANE DROP AT EXIT RAMPS T DETAIL 3T w TYPE C TYPE G es 9p yowi of y, aft Y fares r— aia sw Wickx NOTES Sir II sr >a s•¢6• is Rm •�YF?�!'i�b•�{ ( • ■ ■ l,A.oisus orolsciAa or ma of 0 0 0 O 0 0 1 O 0 0 0 0 ® Y.mo"OCfI..O n+fK+"•+°G•`°°so.rr.s e. ■ omk's.�..0 roi to•Ktoro" r•voxio err ® DETAIL 37A p mI.D.ai of y< alb M.r W i !a —sr !o•— so' 6";!'16-{ sw/.ta x[ 5«osfa x -.� I Sra Rm A7o0 / 51A1[of CY./llos !•rQ,7!� � � ■ pEssgi,[.1 oT 1AAM5i■l7AIQ1 86 0 Be Be 0 88 Be 0 88 Be 0 68 88 {i 88 18B88808� 8 'Is Cl � PAVEMENT MARK@RS AND TRAFFIC LIMES TYPICAL DETAILS A20C tro sops cr"—Rrinp nn•sno—Loy a oalt,sa on&wt a.mary 1"s.nro NO SCALE .fW..NorMp a+q,n q CrI,IGd s CHANNEUZING LINE DETAIL 38 �rrole LIM LEGEND ee.co ow�i -- r j Zr RECESS DETAIL FOR Q ITK A write aw,»eflectt.e REFLECTIVE PAVEMENT MARKER wmrwnwein Q}e" rr..,gn troffrc n� TV"G lew• '® eer 1?er bfextiw on DETIL 38A rw.te LWO orectb,of 110.0 _b $I:1DM 0a Ot e[�r�E'OOff6lRE.OD DETAIL 38B rwt.Lb" e4_ �r--I�r .or AN -:• it--� MARKER � � ONEE-Rtr TRAFFIC DETAIL 39C DETAILS eoos- 0o 31 IL.a arse tort it 8888881888888 l .efrctl Foes XC, ��plp'AT'OIQ 10' r�tr--.�L---_1r_ w I TYPE a TYPE G BIKE LANE LINE —s. L�r!..�. r DETAIL 34 c-wat.two !.1TES 0n W. }'-- ----•1 Cla+f.o oroleotoo area of at � 9. ref'octIVS tae-LW OWWe bVh 1110-WAY TRAFFIC Z.Reflectl"eptere nose not to rectonper Itrf$}! z I See tofto traffic the octet for marsr ?Wnb BIKE A E t rsos.e. oe+o�e^en1 t.p�r�e1M reoeeN' REFLECTIVE PAVEMENT MARKER DETAIL 39A � htffrsec on ins FOR RECESSED INSTALLATION Dotalw r �r.y o Ty" e+treectlon ►Y�i r r A^oNte Low meson am C0.�"gn 0.a..him Ilefyctl"Face 0..r•tla. SANE LINE EXTENSIONS L® L THROUGH tNT R TIOh� DETAIL 40 txa rb �trw zs I/y 2.5"61c. TYPE C B TYPE D TYPE G 8 TYPE H C3 C3 O [! DETAIL e0A —."Ipwle Iwo fee Note f --1 r t.- oogao0oo Ieelto � ® type A flmWfacti" 0 tut!as Waco" IAeA./Kllt OF ULA11 rpgt.tyN PAVEMENT MARKERS AND TRAFFIC LINES TYPICAL DETAILS NO SCALE A 20D a�• � 11 i o ( R 7-1 I i I Q AI(M GAAl K AI( Ii i N Aw sort I � 1 7YPE 1(10)ARRON! ; I { —, � TYPE VIII ARROW 4 aca rilD��•�— � d _ � A.ts sort i d/ tr urn um i 1 r• TYPE iu8)ARROW i � I Q stil lm A.Aj SOri 1 —�@ TYPE VI ARROW M930f1 R1W17 LANE DROP ARROW I4 i TYPE 1(24)ARROW °"p'Gm �� USES MIRROR WAAAGE I TYPE IV U ARROW (FOR 7YPE W(RI ARROW, USE MIRROR WAGE) A.11 Sol TYPE V ARROW I NOSE; ( MAR rARYIAM A III Il(Wb K—11II. wl Of Rvt(4 Br t� pRi(0. 41, It Kw Gm �1 a.. s1A1(RG C4Rd>N.A "'I'll ot-AA1MIIII OI IRAwsowtAIAp TYPE VII10 ARROW PAVEMENT MARKINGS (FOR 7YPE Vn(R)ARROW. ARROWS USE MIRROR WAGE/ NO SCALE A24A \ J, ■/A1I ■■I A ■►/11■■ ■�I/1�■NI!►1■■ N1 �■■��■■ �■■k I - nu�\ Hsu �■■��■ ■■■■■■■N■ \aNIt 1 �er■ ► r ■■■■■■ ■■■H/=■■■■ -r4l -T .1 Sol TYPE 11 U ARROW TYPE 11(01 ARROW (FOR TYPE N(R)USE ■■■■■■ ■■■■■■ ■ N /\'1hvA r\t� MIRROR(FOR TYPE SIR)USE MIRROR IMAGE) ARROWSSTATE Of cat 0 afts Itam" OF im �is� i ■■ July L-L!9z rm Wd Nan /!/►\__ . J •�� ' V n �, XI I V R�►rt� i�rrnui�rr.�rHANDICAPPED PARKING SYMBOL a1� // rrrunht�aur DIAMOND SYMBOL -4 o V dI A-r SOFT BIKE LANE SYMBOL 17-1 u� Iuu - rr® �cr - �A►A�II �� if On ' un�� dl:/1 `� 'n1U1,�d'11 ,®�IIu�11111N� n�uuu.►® r ® e 'ia gnu®® f11 ►�t18�'®u �1� mI Jstart W CUOMO" iN1uf/h� ��/1� 1111 �� RAJILROA0 CROSSING SYMBOL NUMERALS SYMBOLS AND NUMERALS wn lein�lirlt I saul�r ul 1 u l} i � r { �° I 1■ . le ! 1 � �1 �I ! i `�` � i�I `��! "ilrr a � i �e l rt r r a�� = wr ■1 et u+ �euur�! i,i.�l�er,ln� ttlntr i � { Nt 1 e! I /l r �1 Hill llfwaliiwr 11�=� �� rfl� ®1 1 A7le/I�e +nrilrilirii{iiisiian ���iisir�i�ii�ii�ie-Irr ���11 ! i � e�i wu� nrl �1 e► � yr �i nrt� �Ili� I..J• ` /rii it �� � � 3`�Z � ��/ � � � I • aloe! � ��1 ��1�{I�w ■ f 1 � 11tf � 1 f �1� IS�� a i /HI I�il' i�!!■ 1aa 11 J:t w��s �p 1��� II� 1■ IrrSS��ii' n lit! 1 1 wIs II t IO�u Itl�t l� rlt+�le= 1 �eRle�I It 1 III 11 R<i■1''� lags 1 ; {I a�l` !1 11 �� r� �e � ��� 1■i ���t���l � t111� � 1{wll�l � i 1 1 r ©m C��aC'.I�Rf4r ?'��c'Ii1a461 i uwl�rarrna a,�lwalRtae®s.'1 O.�arN/rl/w ������ rawlnrntw ®uwwls�®u► wl�nlitnw �, . � ;. tlwaYnunm ranlwtlMdatrl/a 11l Illrttll IYnRr/Yaltrlul rs�IwltaluaolYr lenlrlrrlllt t IIIIItItRtfllifid Iw1YI11w11YYip�1Y1 lIJJIII/Ills �rc�'f iwf rRrlIIINl1 IIIIIIwY}IrI1. HIR.ItI® rwhiRlllft� IwiwwWla�RdB �HII'llMdl iY1Rr11tiN111Ig1 1®Iwl®RIl RQiI }hlllll/I.INI Ili�rrlRllrll� IIIr1IInIw/1rNi.1 IYunlrl�IW wll�nan v� IlwnYmat runlal}w Itnlr�ntmlw • SOFT CROSSWALK ±N0 LIMIT LINE H.r►arw�ilu Itr/wlwtw. Illlvn �'Itlil®till 1/Pla IYYINII' Wll�llYO ra�lr��lr�nln ulell�a r®IMl IMlllllllrtl lulls/It11111iN1 Il/YIwIwIQI NIlNt1111 i■Ili�itilltiflp tAlllYplwlYY1 IPJIIl1l49! II/11/tit11111N! Al 'A a ri1)IY116 I��tY111 or 1tU iI1.Rripwu 1�}Ila1 WW ' pr,Blittl�tlru 116y1d011lup•.1 IA111111uW1 Ifwl■tli Irllli IOIrfIw1uN11 11lI IYr I ttulvnlrilrw lautwrwlw l�jr®i�� IIIIt}®1®14Y 1 111wIw1IYi iw1�1/►'MIw I�IIwIw11111 �./N�14Ctl O • MARK a�i'Yf<<fi�i tug 2o tC{'ii • • SOFT 0 1.®IRIttM 1 II �.YlYllrUglA! � �_ w � dlfiw► lRil , witR{IluYl01 re1Na11tal afll Yl rill �IIIIWrII In;aRNlet ■}Iillll IIIII�1lilwl li 1U�IaYlYI /nutYt IYl111!lIIldAlll rNtd r l U it►� 1,41tilYl IY!!!JIlIIII/IIR iluBr�IRen� no mw latuleluuw;na IlwtfliYil IIHt1Y1 IYI11111111ti�tl rdYi111�1111 IIIItINI lYIII NII tlR l9lrwlilai IhRlLVJ Lvlll�i1111wtla fY7lfarlla9 IaHw ®Ila�liwdl9a �i�rel!!tl! Ia1G'Y' �i/I1�111wWra • • WORDS 4 SIQQaXM PAGE STREE'3' MAINIENhNCE - SLUM SEAL PFWBCr 93-104 REVIEh1M BY: APPROVID Y: 0'A A Z CaYn�rt LYr�ugh ovich Senior EVirleeriM cim lr'ec.'t r f Public Works SICMUM PAGE 1 OF 1 BID PROPOSAL STREET MkINrE DANCE - SL EJWY SEAL PR1Jd= 93-104 TO: THE DER OF PUBLIC WOWS, CITY OF CUPEIMM, STATE OF CALIFOFWIA Dear Sir: In coupliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of CL43m tim Project 93-104 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to ccuplete 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, ti:: undersigned, also understand that the quantities shown below are estimates only, being given as a basis for c z-oparison of bids. The City Of Cupertino does not state that the actual ammmt of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to canit 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 cowplete the Slurry Seal Project, Project 93-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 40 working days. I furUier understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per clay, for each and every calendar day's delay beyond the times established in this proposal for each and every portion of the completion process described in the time for completion portion of this proposal. 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 P.M. on each calendar day of the project. BID PROPOSAL PAGE 1 OF' 9 BID PROPOSAL ( ) a 2. Within two(2) hours after each street has been slurried or overlaid, I shall be responsible for accurately locating and installing trary centerlines, two-way barrier, twee-way left turn lanes, left turn pockets, bike lanes, travel lases, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California A2O(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 throes 16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the on of one hundred and fifty dollars($15O.0O) per calendar day for that anxent day, plus the sum of one hundred and fifty dollars($15O.00) for each and every calendar day the teary striping remains inouaplete. 3. No permanent striping shall be installed for seven(7) calendar days after the street has been slurried or overlaid not, including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permanent Striping shall be installed between the eighth(8th) and the twelfth(12th) calendar days. 5. On the thisteenth(13th) calendar coy following the slurry or overlay of each street, I shall be responsible for having eoupleted the installation of the permanent striping All centerlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lanes, limit lines (stop bars) , legends, speed livits, and other striping riot solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California A2O(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 throw 16. - If I fail to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($15O.00) per day for that day, plus the sum of one hundred and fifty dollars($15O.0O) for each and every calendar day the permanent traffic striping, markings, and legends remains inecuplete. This amount ref liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. Completion of entire project forty(40) working days from Native to Proceed. ES'I MAM i -M— The bid prices for this project shall be as outlined below Bid Est.Qty. Item Unit Item Unit Price Total 1. 4,981,887 S.F. Type II Slurry Seal $ 0.045 /S.F. $ 224,184.92 Four & one half cents Per S.F. BID PROPOSAL PAGE 2 of 9 BID PROPOSAL (CONTINUED) Bid Est. Qty. Item Unit Item Unit Price Total 2. 3,975 L.F. Remove Traffic. Striping $ 0.32 /L.F. $ 1,272.00 State Detail 23 City Detail 13C State Detail 38 State Detail 25 Thirty two cents Per L.F. 3. 46 EA Remove and Install Traffic Pavement Markers $ 4.30 jEA $ 197.80 Four dollars thirty cents Per EA 4. 247 EA Remove- and Install Blue Pavement Markers $ 8.50/FA $ 2.099. SO Eight dollars fifty cents Per EA 5. 162 EA. Install Traffic Legends and AtTxyws $ 30,00 /EA• $ 4,860.00 Stcp Yield Speed (25 & 30) Arrow Thirty dollars Per EA 6. 9 EA Install Traffic Legends $ 110.00 /FA $_ 990.00 Set Sty Ahead Slaw School Xing One hundred ten dollars Per EA 7. 4,075 L.F. Install Painted 12" White Traffic Striping $ 1.00 /L.F. $ 4.075.00 One dollar Per L.F. 8. 1,715 L.F. Install Painted 12" Yellow Traffic Striping $ 0.90 /L.F. $ 1,543.5o Ninety cents Per L.F. 9. 900 L.F Install State Detail 1 $ 0.33 /L.F. $ 297.00 Thirty three cents Per L.F. 10. 1,160 L.F. Install "-ity Detail 13C $ 0.25 /L.F. $ 290.00 Twenty fire cents Per L.F. BID PROPOSAL PAGE 3 OF 9 ESTIMATED QUAN9=ES (continued) Bid Est. M. Item Unit Item Unit Price Total 11. 7,230 L.F. Install City Detail 23C $ .90 /L.F. $ 6,507_ Ninety cents Per L.F. 12. 1,270 L.F. Install State Detail 25 $ .40 /L.F. $ 508. Forty cents Per L.F. 13. 268 L.F. Install State Detail 27B $ .33 /L.F. $ 88.44 Thirty three cents Per L.F. 14. 915 L.F. Install State Detail 38 $ .75 /L.F. $ 686.25 Seventy five cents Per L.F. 15. 172 L.F. Install State Detail 39 $ .44 /L.F. $ 75.68 Forty four cents Per L.F. 16. 96 L.F. Install State Detail 39A $ .40 /L.F. $ 38.40 Forty cents Per L.F. 17. 1 L.S. Traffic Striping Layout $16,000. /L.S.$ 16,000.00 Sixteen thousand dollars Per L.S. TOTAL BID $ 2 6 1 7 l,_ 49 ALTERNATIVE BID 1. 4,981,887 S.F Latex Modified Slurry Seal $ .049 /S.F. $244, 112.46 BID PROPOSAL PAGE 4 OF 9 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the city of Cupertino to provide all rxxxmsary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the city of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $------l0%--------- as required by law and the Notice to Bidders (10% of bid amount) PROPOSAL PAGE 5 OF 9 A. HID DOCtHMERrS (continued) : BIDDER QUAMFICATIM FORK In further camoliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization t ,„n in business under its present name? (2) How many years exq)erienoe in work ale with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. 315789 State of California, Classification C-12 Expiration Date 9/30/93 (4) List work similar in character to that required in the proposed contract which your organization or Personnel in your organization has ccupleted within the past 3 years. Year Class, Location of Work and for Mom Performed ('Antract Amount 1991 Slurry Seal, City of San Jose Various Locations $523,31.2.00 1991 Slurry Seal, City of Sunnyvale Various Streets $230,314.00 Slurry Seal & Stripe 1992 City of Moreno Valley-Various Streets $208,547.00 1992 Slurry Seal, City of Palm Springs Various Streets $1.58,386.00 AID PROPOSAL, PAGE 6 OF 9 A. BID DIE NTS (coat irnied) Name of Proposed Sub-Omntractors, if arnr (Section 4104, Government Code) 1.Chrisp Company 2. 3. 4. 5. 6. Address if Shop or Office of Ski-Contractors (Section 4104, Goverrmient Code) 1. 43650 Osgood Road, Fremont, Ca. 2. 3. 4. 5. 6. Work to be Performed by &ib-Contractors (Section 4104, Government Code) 1. Items 2 thru 17 2. 3. 4. 5. 6. BID MPOSAL, PAGE 7 OF 9 A. BID DOCXFTS, COntimled IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRK OR CO-PARTlMMIP, SWE THE FIRM NAME AND LIST TME NAMES OF ALL INDIVIDUAL OD-PAMERS COMPOSING THE FIRM. IF A CORPORATION, SEM LDGAL NAME OF' CORPORATION, ALSO NAMES OF PRESIDERr, SECRPIM-TRMSIMER AND VANAGER. THE CORPORATE SEAL MUST BE AF FDCEDD. 'III INFCMMCN CONTAINED IN THIS BID IS BEIM MADE UNDER. PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: Co-Partnership Corporation Graham Contractors, Inc. Joint Venture Other (Describe) Name and Signature of Bidder: G. R. Graham, Jr. , President (print) - (Signature) Address (Both mailing and location ) : P. 0. Box 26770,San Jose, Ca. 95159 860 Lonus Street, San Jose, Ca. 95126 Telephone Number: ( 408 ) 293-9516 Date: June 15, 1993 Addendas Reoeived: 00 3 4 5 BID PROPOSAL PAGE 8 OF 9 NONODLLUSION AFFIDAVIT 'ILA BE E}ECLITID BY BIDDER AND SUBMI= WITH BID State of California Ss. County of Santa Clara Gerald R. Graham, Jr. , being first duly sworn, deposes and Says that he or She is President Of Graham Contractors. Inc. 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; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or shah, 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; that the bidder has not in any manner, directly or indirectly, sought by aft, cmm3nication, 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ccupany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: Graham Contractors, Inc. (Print) �00�' ( (signature) Date: June 1.5, 1993 BID PROPOSAL PAGE 9 OF 9 VERIFICATION I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on . i3, 1993, at Cupertino, California. Deputy City bcd N200PAOE 149a14 15 1226977 Return to: NO FEE IN ACCORDANCE Uj CITY OF CUPERTINO OR ft wiTFi sOv GORE sto3 W SAT RE �O� 1 3 0 Torre Avenue City of Cupertino UL CI TY CF UPPRTINO Cuperi inm, CA 95014 0 Dec 17 3 32 Pik '93 CERTIFICATE OF COMPLETION AND OFFiCAE_ PEC RA CCiU1Jr�r A NOTICE Q ACCEPTANCE OF COMPLETION �su�SAMTA CLA Kai€ PtFCCiFti'':c? STREET MAINTENANCE--SLURRY SEAL PROJECT 93-104 NOTICE IS HEREBY GIVEN THAT 1, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the CITY OF CUPERTINO and VALLEY SLURRY SEAL CO. on June 22, 1993 , in accordance with the plans and specifications for said work, were completed to my satisfaction on December 6, 1993 and acceptance of completion was ordered by the City Council of said City. That said work and improvements consisted of furnishing labor, materials, tools and equipment required to complete said project, all as more particularly described in the plans and specifications .for said project. D rect o lic W rks and C ty Engine , City of Cupertino Date: December 8, 1993 Q 12269778 NO FEE ("d ACCORDANCE IA WITH WITH 60V CODE 6103 t_F� r; h tttcukb t �A3 REQUEST OF E a i `10 Torre Avenue City of Cupertino Cupertino, CA 95014 ; 17 3 32 PHI '9 CERTIFICATE OF COMPLETION rs AND cr F -- NOTICE OF ACCEPTANCE OF COMPLETI T ` CL, ?", rr}.N,Y M LAURIr7 KANE j .C� STREET MAINTENANCE--SLURRY SEAL Q .L © PROJECT 93-104 0 O U "a a> W Z z NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public a) Q C.< Works and City Engineer of the City of Cupertino, California, do hereby certify that the n � x J work and improvements hereinafter described, the contract for doing which was entered 0 U. y into by and between the CITY OF CUPERTINO and VALLEY SLURRY SEAL CO. 0 on June 22, 1993 , in accordance with the plans and specifications for said work, were completed to my satisfaction on December 6, 1993 and acceptance of completion was ordered by the City Council of said City. That said work and improvements consisted of furnishing labor, materials, tools and equipment required to complete said project., all as more particularly described in the clans and specifications for said project. D rect o ' lic W rks and ` ' ty Engine , City of Cupertino Date: December 8, 1993 dirt" City of Cupertino STREET MAINTENANCE—SLURRY SEAL PROJECT 93-104 CONTRACT CHANGE ORDER NO. 1 Contractor: Valley Slurry Seal Co. 3050 Beacon Blvd., Suite 205 West Sacramento, CA 95691 The following changes are hereby approved: 1 A. Quantity adjustment and liquidated damages, credit ($ 554.70) TOTAL PROJECT": Original Contract $244,804.20 Change Order No. 1 ( 554,701 Revised Contract $ 244,249.50 CONTRACTOR CITY OF CUPERT1 o Bert J. Viskovich Director of Public Works Title City Council: Dec. 6, 1993 Date Resolution No. 8992 O1.•25�94 00132 916 Z73 1430 Ya13ev Slur" Sa 03 ® 0S/iilB4 X0:38 V4 120T84 CITY CUPERTINO, r! r �19002/002 . City of t:upartlit0 SMRT MAlAP SMANCE—SLUMV SRAL tR®JRC'1'9�-Y� CONTRACT CHANCE ORDER NO.i Contractor Valley Starry Seal Co. 3050 Deacon Blvd..Suite 20t West 9mmunento,CA 95691 The following changes are hereby appmvcd: 1A. Quantity adjustment and liquidated damaps, ctedit ($554.70) 8 V 1 Aa PR0lmm- Original Contreat $244.804.20 Change Order No. l Revised Contract S 244,240.50 . CONTRACTOR Cl F 'UPR1t cd J.V' 'ch hector 4 Puhho Watkc Titlo�,���40 en� City Council- rice.6, 1903 Date P Y Resolution No.M997. 110 Cit4 of cuperti»® 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone: (408)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK June 24, 1993 Valley Slurry Seal P. O. Box 1620 West Sacramento, California 95691 CITY COUNCIL ACTION-AWARD OF BID This will confirm the award of contract to you for Street Maintenance Slurry Seal, Project 93-104. Council awarded this contract to you on June 21, 1993, for your !ow bid of $244,804.20. Information may be received from the Department of Public Works for the signing of the appropriate documents and for tPep answering of any questions. Sincerely c DOR THY C RNELIUS, CMC CITY CLERK cc: Department of Public Works Tegan McLane Business Journal 152 N. 3rd Street San Jose, CA 95112 i i 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone:(408)252-4505 FAX:(408)252-0753 DEPARTMENT OF THE CITY CLERK June 24, 1993 Graham Contractors, Inc. P. O. Box 26770 San Jose,California 95159 CITE'COIJNCEL ACTION-AWARD OF BID The City Council has asked that I convey to you their appreciation for your efforts in assisting the City of Cupertino by submitting a bid for Street Maintenance Slurry Seal, Project 93-104. Council awarded this contract to Valley Slurry Seal on June 21, 1993, for their low bid of$244,804.20. Sincerely, DORO CORNELIUS CMC CITY CLERK lip ON Of cu lm ti"o 10300 Torre Avenue Cupertino.CA 95014-3 25 5 Telephone: (408)252-4505 FAX: (408)252-0753 DEPARTMENT Of THE CITY CLERK June 24, 1993 California Pavement Maintenance Co., Inc. 9390 Elder Creek Road Sacramento,California 95829 CITY COUNCIL.ACTION-AWARD OF Bl[D The City Council has asked that I convey to you their appreciation for your efforts ip assisting the City of Cupertino by submitting a bid for Street Maintenance Slurry Seal, Project 93-104. Council awarded this contract to Valley Slurry Seal on dune 21, 1993, for their low bid of$244,804.20. I am returning your bid bond to you. Sincerely, /1 DOROTHY CORNELIUS CMC CITY CLERIC City of Cuperti"o 10300 Torre Avenue Cupertino,CA 95014-3255 Te(ephono: (408) 252-4505 FAX:1408)252-0753 DEPARTMENT OF THE CITY CLERK June 24, 1993 American Asphalt Repair and Resurfacing Company, Inc. 727 Shasta Street P. O. Box 2306 Redwood City,California 94064 CITY COUNCIL ACTION-AWARD OF l3ID The City Council has asked that I convey to you their appreciation for your efforts in assisting the City of Cupertino by submitting a bid for Street Maintenance Slung Seal, Project 93-104. Council awarded this contract to Valley Slurry Seal on June 21, 1993, for their low bid of$244,804.20. 1 am returning your bid bond to you. Sincerely, DOROTHY t' 01RNELIUS, CMC CITY CLERK s PROF OF PUBLICATION Thin cpnce is for the Comity c'let Ws Filing:stamp: (2015.5C.C..r.) STATE OF CALIFORNIA County of Santa Clara PROOF M 1'l)1ILICATION OF ' I nm n citizen of lite United Slates and a resident of lire ct►rrnfy aforesaid: i:cm over the age of eighteen yearn, and not party or interested in the nbove-entitled matter. I nm the principal clerk of the printer for the -- CUPERTINO COURIER 10001 South DcAnza Blvd.,Suile 107,Cu1►crtino,Califor- nia.a newspaper of general circulntion,printed every Wednesday in the city of h.of,Altos,Califomin,County of Santa Clara,and published in the city of Los Altos,Cnlifor- • nia,County of Santa Clara: and which newspaper has been adjudged n newspaper of general circnletion by the Superior Court of the County of Santa Own,State of Cnlifornin. Case Number 328150;that the notice of wh!�h five nnnexcd io a printed copy(sc(in type.not smnllcr than non-pateil), has been published in each jegulnr and entire issue of said ' newspaper and not in any supplement thereof on the following dales,to wit: a -q11 in the year 19 I certify(cr dectnre)under pennity of per.iury flint five foregning is trove and correct. [sated of Cupertino,California,this Signature RECEIVED J U N 4 103 CITY OF CUPERTINO CPM DEPATaMERr OF PUBLIC WCWS CALL FOR BIDS STRFC SCE - SILRY SEAL PROJFX.'I' 93-104 BID OPENING TUESDAY JUNE 15, 1993 2:00 P. M. Bert J. Vi.skavich Director of Public Works City Hall 10300 Torre Ave. Cupr--tino, CA 95014 (�Y), 25Z, ((&zi ' '' y)0 a File: 98,493.45 TAXU OF CURIUM OON1RACT DOGS A. 1. Notice to Contractors 2. Proposal B. GO ERAL PROVISIONS 1. Adoption of Standard Specifications 2. Headings and Citations 3. Definition of Term 4. Prosecution and Progress 5. Control of The Warn 6. Legal Relations and Responsibilities to the Public 7. Proposal and AWard of Contract C. SPECIAL PROVISIONS 1. Location 2. Scope of Work 3. Traffic Control 4. Maintaining Traffic 5. Notification of Residents 6. Inspection and Inspection Costs 7. Public QMVenlence and Safety 8. Estimated Quantities 9. Explanation of Bid Items 10. Time of Ccupletion/Liquidated Damages 11. Water 1.2. Liquidated Damages for Traffic Striping 13. Preconstruction Meeting 14. Noise Ordinance 15. Surface Preparation 16. Tree Trinning 17. Final Cleanup 18. Payment D. TECHNICAL SPECIFICATIONS 1. Type II Slurry Seal 2. Temporary Pavement Markers E. CONTRACT FOR PUBLIC WOWS F. DETAILS City of Cupertino 10300 TIorre Avenue Cupertino, California 95014 Ule City of 04m-tiro, Santa Clara aunty, California, invites sealed proposals for the cation of the work as delineated on the Plans and/or in the Specifications, entitled Sna= MAII4!! B SUMN Ste, PIVJB= 93-104. Contract Dints, consisting of Notice to Contr'ac'tLams, Proposal, Time for Coapletion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Form, Signature Fbrm, Standard Specifications, General Provisions, Special Provisions and Plans, Faithful Performance Pond, Labe and Material Bond, Insurance Certificates and Cuntract 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, CA 95014, for a non refundable deposit of a5.00 each. 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 proposmsls will be received at the office of the City Clerk, City Hall, City of Cupertino, 10300 Zbrre Avenue, Cupertino, CA 95014, until 2:00 P.M. on 3= 15, L%3, at which time they will be publicly opened and the ccuparative totals read. All proposals or bids shall be ------ ied by cash, a cashier's check or certified check payable to the order of the City of 04vxtino, 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 off ioer ccupetent to administer an oath, in double said amount and over and above all statutory exemptions. Said cash or check shall be forfeited or said bond shall 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 u-Titten notice that the Cm-dxactor has been awarded the contract. All bids shall be ccapared using the estimated quantities prepared by the Engineer and the Unit Prices submitted. No inoouplete nor interlineated proposal or bid will be accepted. Bidders are re aired to bid on all items of the proposal. No federal funds are involved in this project, therefore, bids submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California. No bids will be awarded to a Contractor who is not licensed in accordance with the provisions of Division 3 of Chapter 9, "Contracts" of the Business and Professions Code of the State of California. The act shall not be awarded to any bidder who does not possess a General Ehgin+eering Contractor's License. Page 1 of 2 93-015 STREET MAINTENANCE SLURRY SEAL 4 of 5 PROJECT 93-104 NMCH TO aces (aontixaied) All bids received will be rested to the City Council of Cupertino within thirty (30) days of receipt, at which time the City Council will review and act upon the bids submitted. Award, if any, will be made to the responsible bidder whose proposal is most advantageous to the City. The City of Cupertino reserves the right to award the eontzact to any qualified bidder based on the proposal that is most advantageous to the City. The City also resexves the right to reject any or all bids or to waive any irregularities in the bidding Procures, 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. Zlhe Contractor shall furnish to the City a Faithful Performance Bond and a Tabor and Material Bond as required in the specifications. It shall be mandatory upon the Contractor to whom tie contract is awarded, and upon all subcontractors, to pay no less than the general prevailing wage rates to all workers employed in the execution of the contract as provided for in Section 7®1.01A of the Standard Specifications. Payments to the Contractor will oe made in cash by said City upon subuission by the Contractor and apl,,L1 al by the Engineer of a progress billing which reflects the value of t ue work coWleted. 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 seurities for any moneys withheld by the City to ensure performance uncles 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 Califcxnia goverrment Code or bank or savings and loan cutificates of deposit, interest bea demand deposit aeoamts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. C TTY OF cUPERTI 3O A Date: /9 _ a6t y Clerk Published: May 26, 1993 J1une 2, 1993 Page 2 of 2 BID PROPOSAL. STREET MAINrEN NCE - S AW SEAL PR ITDCT 93-104 5' TO: THE DIREC7M OF PUBIZC WORMS, CM OF CUPERrWO, STATE OF CALLIFOYOIA n, Dear Sir: In coupliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of 047ertim Project 93-104 I, the undersigned, hmvby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City Of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to snit its or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the Pam• The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to ccuplete the Slurry Seal Project, Project 93-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to coupletion before the expiration of 40 working days. 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 ever, calendar day°s delay heyond the times established in this proposal for each and every portion of the ccmrpletion process described in the time for cagpletion portion of this proposal. I. I shall be responsible for providing the City of Cupertino or it---. agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 P.M. on each calendar day of the project. BID PROPOSAL PAGE 1 OF 9 BID PMPOSAL (CONTINUED) 2. Within two(2) hours after each street has been slurried or overlaid, I shall be risible for accurately locating and installing temporary centerlines, two-way barrier, two-way left turn lanes, left turn pockets, bike lanes, travel lanes, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D), A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 truce 16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($15o.0o) per calendar day for that current day, plus the sutra of one hundred and fifty dollars($150.00) for each and every calendar day the temporary striping remains inecmplete. 3. No permanent striping shall be installed for seven(7) calen&r days after the street has been slurried or overlaid not including the clay of application. Phis period of time has been set aside to allow for paNement curing. 4. Permanent Striping shall be installed between the eighth(8th) and the twelfth(12th) calendar days. 5. On the thiit�(13th) calendar day following the slurry or overlay of each street, I shall be responsible for having completed d the installation of the permanent striping All centerlines, twr way barrier, twu way left turn lanes, left turn pockets, bike lanes, travel lames, limit lines (stop bars) , legends, speed limits, and other striping not solely limited to these patterns or legends as shoran in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Its 3 through 16. If I fail to perform this portion of the job on the thi_rteenth(13th) calendar day, I shall pay the City of Cupertino the sun of one hundred and fifty dollars($150.00) per day for that day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the permanent traffic striping, markings, and legends remains incomplete. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. Completion of entire project forty(40) working days from Notice to Proceed. ES' HATED QLMN 1'IES The bid pric-�as for this project shall be as outlined below Bid Fst.(.ty. Item Unit Item Unit Price Total 1. 4,981,887 S.F. Type Y S urzyseal S.F. $ W ��� . 44iSF $21�,2©3D3 2uM S.F. BID PMPOSAL PAGE 2 of 9 BID PROPOSAL (C709+LTINtW) Bid Est.. Qty. Item unit item tfiit_Pt�y 'Fatal 2. 3,975 L.F. Pamove Traffic Striping $ /L.F. $ �� State Detail 23 .�� � City Detail 13C � e`Z / * :3 � /'u State Detail 38 Staff : 1 25 Per U.F. 3. 46 EA Remove and Install Traffic 1 Pa Markers $ EA Per EA v 4. 247 EA Remov.� and .install Blue �t Pa ,t. Markers s o� - ice $ 3 Poer EA 5. 162 EA. Install Traffic Legends and Arrows $ 2(o.0/EA• $ stop Yield Speed (25 & 30) Arrow �.� Per EA 6. 9 EA Install Traffic Legends EA $ Set Stop Ahead SET Slow Scbool ) ' SEA 7. 4,075 L.F. Install Painted 1211 White f'c Striping $ CD L.F. $44 10 Ver/L.F. 8. 1,715 L.F. Install Painted 1211 1 (� Yell Ti` f c Striping /L.F. $��/ Ter L.F. 9. 900 L.F Insta 1 State Detail 1 $ ,`J dJ /L.F. s Ter L.F. c �S 10. 1,160 L.F. Install Cit y Detail 13C $ /L.F. $ ✓7.�W tt Per L.F. BID PROPOSAL PAGE 3 OF 9 ESTIMNM QL'WITIES (continued) Bid Est. Qty. Item Unit Item Unit Price Total 11. 7,230 L.F. 1 C' letail 23C $ . 4 F.Pdr L.T. 12. 1,270 L.F. Instal Stata Detail 25 $ /L.F. $ LA: Per L.F. U 13. 268 L.F. Instal Sta�Detail 27B /L.F. $ Per L.F. 14. 915 L.F. Instal Stt" T it 38 $ , c9 /L.F. $ .� L.F. C� / ^ 15. 172 L.F. Instal ail 39 $ J /L.F. $ /W Pex L.F. 16. 96 L.F. Instal State tail 39A $ ,5 /L.F. $ Per L.F 17. 1 L.S. Traffic Striping Layout $ /L.S.$`-ta n.©o i Per L.S. TOTAL BM $ r�-.•C J (Zc ALT�iTIVE BID 2-4 4,Z rj f , new 1. 4,981,887 S.F Latex Modified Slurry Seal $jQ4j&/S.F. $_�Z2,(6z. l BID PRPQSAL PAGE 4 OF 9 I, the undersigned agree that if this proposal is aerated, I will enter into a contract with the City of Cupertino, to provide all necessary madhinsYy, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public works of the City of 0 pertino will reserve the right to establish the priority of one job over another and each starting date whlxe conflict of construction schedules occur Attached hereto is the required eert:ifled check or bid bond in the amount of $ cVJ,219, a`Z- , as required by law and the Notice to Bidders (10% of bid amount) PFMOSAL PAGE 5 OF 9 THE PAVEMENT MAINTENANCE COMPANY MUNICIPAL REFERENCE SHEET CITY OF SAN DIEGO COUNTY OF SAN JOAQUIN 2781 Caminito Chollas F.J. Box 1810 San Diego, California 92101 Stockton, California 95201 (619) 236-5656 (209) 468-3000 Slurry Seal 1982,83 , 85-,88,90, 91 Slurry Seal 1980,88,90,91 $1,500,000 - $2,250,000 $85,000 - $250,000 CITY OF CONCORD CITY OF CARLSBAD 3.950 Parkside 1200 Elm Street Concord, California 94519 Carlsbad, California 92008 (415) 671-3303 (619) 438-5535 Blurry Seal 1986-88,90 Slurry Seal 1985,86, 88,89 $•t00,000 - $425,000 $115,000 - $140,000 , CITY OF SACRAMENTO CITY OF FRESNO 915 I Street 2101 G Street, Bldg. A Sacramento, California 95814 Fresno, California 93704 (916) 449-5281 (209) 488-1451 Chip Seal 1979, 81-83,85-88 Slurry Seal 1980-83, 88 Slurry Seal 1979,81-83 ,85-90,92 $55,000 -- $75,000 $200,000 - $375, 000 COUNTY OF LOS ANGELES CITY OF SANTA ROSA P.O. Box 1460 City Hall - P.O. Box1678 Alhambra, California 91802 Santa Rosa, California 95402 (213) 226-8111 (707) 576-5141 Slurry & Chip Seal Slurry Seal 1979,81-83,85,87-89 Various Projects 1984-1992 $100,000 - $115,000 $50 ,000 - $135,000 CITY OF MONTEREY PARK STATE OF CALIFORNIA 320 West Newark Avenue DEPARTMENT OF TRANSPORTATION Monterey Park, California 1120 N Street (818) 307-1321 Sacramento, California 95814 Slurry Seal 1982-89 (916) 654-4490 $50,000 - $75,000 Slurry & Chip Seal Various Districts 1983-92 CITY OF FULLERTON $185,000 - $1,500,000 303 West Commonwealth Avenue Fullerton, California 92632 (714) 738-6845 Slurry Seal 1983-90 $85,000 - $155,000 California Pavement Maintenance Company,Inc.•9390 Elder Creek Road-Sacramento,CA 95829 (916)381.8033• Fax(916)381-3703•California License 374514 A. BID DOCLNWM (continued) : BMDFR QU%LYFI=CN FOW In further ccupliance with the specifications furnished, the undersigned submits the following statemm*s as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in Lusiness under its present name? VA L�P-<s (2) Haw many gears experierm in we k ale with that required undex the proposed omntract has your organization had by this or any other names? \`+ Avg (3) Contractor's License No.3' y �` State of California, Classification Expiration Date y-30-9 6- (4) List wcwk similar in character_ to that required in the proposed contract which your organizat.Ion or personnel in your organization has coapleted within the past 3 years. Year Class, Location of Work and for Mom Performed Contract Amount M I BID PF42WAL PAGE 6 OF 9 A. BID Dccmns (contimied) Name of Proposed Sub-CmYxactors, if any (Section 4104, Government code) z. 3. 4. 5. 6. Address if Shop or Offioe of Sub-Contractors (Section 4104, GoveZTM*Mt Oode) 1. - 2. 3. 4. 5. — 6. Work to be Performed by Sub-Factors (Section 4104, Gaverrnn Cade) a. 3. 4. 5. 6. BID PROPOSAL PAGE 7 OF 9 f• ••.w is w• i .�. Y' 1 t'i i': 1 . '. li M 1 f' i?. • 1 3• it`.f+ ttt • '�1 �' < :,• f, la. • r a. u a -�a�- alv •�. - y� � I. a,. L� f, f> a;. i' w•r.�.•y. . tea', . � � �y• ► i t •�•� r •: ••: v r a• r t : n : �/� ►' � l l• 00• .a' is • y. I.� r.) •., we •: .. .... .` _ •t • i - IMLL P.. , 1 = = _ _E STATE OF CALIFORNIA COUNTY OF.. ........... On this...t.5 D`........day of..- -..................in the year of 199.E before me,,1,he undersigned, a Notary Public in and for said State,personally OFFICIAL SEA . appeared . ..R�..�.7•..�!1�u..�......................., personally known to me FI NETH AIR0S (or proved on the basis of satisfactory evidence) to be the person(s) whose • t0TABy p lc_CAI om name(s) is/are subscribed to the within instrument and acknowledged to me s NTOCULIM that he/she/they executed the same in his/her/their authorized capacity(ies), CNIVILE'�"Q'�►��•19� and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and off' ��al. ' ......................:.-.....y--. '' ......` ................ Notary Public in and for said State. . Ttma docunwil is only a gwwW tam which may be proper for use in simple trarnacWty;and in no way acts.or is intended to act,as a subamuta for the advice of an attorney.The printer does not make any wananty.efthar a or trtphad,as to the kigal vafift of arty provision or the suttability of Wass forms in any specific transaction. CowdeWa Form No.10G—ACKNOWLEDGMENT—All Purpose—( 1/91) NONOOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUTMI= WITH BID State of California ss. County of `�c being first duly sworn, deposes and says t he or is �� ofhQN\a the party making the foregoes bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, L=pany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, cmmminication, 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, cmpany association, organization, bid depository, or to any mmnber or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: ' (Print) r ignature) Date: r BID PROPOSAL PAGE 9 OF 9 B. GENERAL PF40VISIONS 1. ADOPTICN OF SnVMAJRD SPEMFICATICNS 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 Specif ications are inserted solely as a matter of eonverienee and are not a part of the City's Standard Specifications. 3. DEE' 171TONS OF TEEM The definitions and terms outlined in Section 1 of the State Standard Specifications shall apply with the following itmor lif ications: 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 "City10) . 1-1.15: "Director01 means the Director of Public Works or City Engineer, City of Cupertino (hereinafter referred to as 1IEngineex°') . 1-1.18: 01Engineer" means the Director of Public Works o- City Engineer, Cited of Cupertino, or appointed agent(s) (hereinafter referred to as "Engineer"). 1-1.25: "Laboratory11 means the city's approved testing laboratory. 1-1.32: "Proposal Farm" means the form(s) provided by the City and provided in the Special Provisions of the ?roject Specifications and upon which the City requires formal bids be prepared and submitted for the work. 1-1.39: "State01 means the City of Cupertino. 4. PMSDCtT CN AND PROG'R W OF TIME 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 Sctar, shall be registered pursuant to Section 6501.5 of the Labor code and certified in accordance with subdivision (a) of Section 7058.5 of the Business and professions Code. General Provisions page 1 of 15 a. Hazardous Materials (continued) In the event the Contractor encounters on the site asbestos or a hazardous substance that has not been disclosed in the Bid or Contract D= ments, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue wLr"c in unaffected areas reasonably believed to be safe, and shall immdiately 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 muffler and abatement devices installed and in good condition and the activity wets 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(2 5) 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 constriction or underground utility work within sever. hundred fifty(750) feet of a residential area on Saturdays, Sundays, Holidays and during the nighttime period except as provided in Section 10.48.030, emergency exception. Grading, construction or demolition occurring during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040, daytime and nighttime maximum noise levels. 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 diligerntly and continuously prosecute the same to ccepletion within the number of working or calendar days as shown in the Special Provisions. d. Record Drawirngs The Contractor, upon ampletion of this project, shall furnish and submit a set of accurate "Reoord 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 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. Slasppnsion of the contract If, at any time, the City determines that the Contractor has failed to supply an adequate working force or material of proper quality, has failed in any other respect to prot.' the work with the diligence and force specified and intenckd in and by the terms of the contract, or has failed to amply with any of the terms of the State Public Contract Cone, written notice to correct airy such deficiencies shall be served to the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City shall have the power to suspend the operation of the Contractor. Upon receiving notice of such suspension, the Contractor shall disoonti.rrue 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 appliance upon the premises, and use the same for the purpose of completing said contract. The City may employ other parties to carry the contract to completion, employ the necessary works, hire equipment, substitute other madunery and materials, purdiase 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 carxxl 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 Conti.-ctor'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 Cupaxtim 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 Meted 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 ccupleted within the number of days as set forth in the Special Provisions, damage will be sustained by the City. It is further agreed that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of or by reason of such delay. It is therefore agreed that the Contractor will pay to the City, the sum set forth in the Special Proovisians, per day for each and every day of delay in finishing the work in excess of the mmtber of days gibed. General Provisions page 3 of 15 g. Tim* of Ccpietion and Liquidated Damages (continued) Txa Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may bey due to the Contractor under the contract. It is further agreed that in case the work called for under the contract is not f inished and completed in all parts and requirements within the ntmber of days specified, the Engineer shall have the right to increase the nurker 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 eats 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 ompletion of the work beyond the time named in the Special Provisions for the oaWletion 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 does 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. Etirther 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 oompletion of the entire work, which could not be compensated for by revising the sequence of the Contractor's operations, shall be required. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a W=tage of materials. If the contractor is delayed in omnpletion of the work by reason of des made m-icler 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 inspector 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 writing of the causes of delay within fifteen(15) days from the beginning of any such delay in order to be relieved of said liquidated damages or other penalties. The Engineer shall ascertain the facts and make findings regarding the extent of delay. The Engineer's findings shall be final and conclusive. Except for additional compensation provided for in Section 8-1.09 of the State Standard Specifications ("Right of Way Delays") , and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this section. [See Section 8-1.07. ) 5. CONTROL OF THE WORK a. Authority to Deviate from the Ay roved Plans In addition to the provisions of Section 5-1.03 of the State Standard Specifications, deviations fran 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 OMWletion 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. 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 dome by the Contractor shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or as specified in the Special Provisions, unless authorized in writing by the Engineer. Whenever the Contractor varies the period within the authorized hours during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. 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 shall be subject to inspection at all times by the State Director of Public Works or the State Agency involved. [See State Standard Specifications Section 5-1.08. 1 d. Montmientation The Contractor shall properly guard, protect and preserve all street and highway monuments, all property corner and property line rionumants and all U.S.C. & G. S. monuments ents in their proper places until their removal is authorized by the Engineer. Any monuments that have been remaved 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 small be submitted by the Contractor or Producer of all materials to be used in the work for testing or examination as desired by the Engineer. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No materials shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine quality of materials. A.11 tests of the materials furnished by the Contractor shall be made in accordance with c anmonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Special Provisions. f. Utilities It is the Contractor's responsibility to verify the location of all existing utilities. The Contractor shall have all of the utilities, underground mains, and services that may conflict with the project field located. The Contractor shall contact Underground Services Alert (USA) forty- eight(48) hours in advance of any Work at (800) 642-2444. Due caution shall be exercised to insure that underground irrigation systems, electrical systems, and other utilities on private property are not damaged during earistruction 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 if located by U.S.A. or shown on the plan or notified by project manager. 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 purchases the water from the water utility that services the area in which the construction work is located. 6. M AL RELATIONS AND RESPONSIBILITIES Tb THE PUBLIC a. Contractor's Payments Upon request by the City, the Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the work have been paid. If any liens against the Contractor for labor or materials furnished hereunder remain unsatisfied after final payment by the City, the Contractor agrees to pay the City all monies that the City may be gelled to pay in diL hanging such lien, including all costs and a reasonable attorney's fee. b. Indemntity 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 prq�ty damage, personal injury, including death, and liability of every kind, nature anti description, arising out of or in any way connects with the negligent acts, errors. or omissions, or the willful misconduct of the Contractor or any person. directly or intrectly employed by, or acting as agent for, Contractor, directly or indirectly related to the provision of any professional serviczs provided hereunder, but not including the sole or active negligence, or the willful misconduct of the City. This indenmification 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 Pram 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 attorneys feels suffered or incurred as a result of or in connection with and claims or actions based upon infringement or alleged infrimpment of any patent, copyright, or trade secret, c-w d 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. Oral Provisions page 7 of 15 b. Indemnity (continued) The Contractor shall also irde ify the City against and hold it harmless from any and all lass, damage, oosts, expenses, and attorney's fees suffered or incurred on account of any breach by the Contractor, or its employees, agents, or subcontractors, of the aforesaid obligations and covenants, and any other provisions or covenant of this Contract. c. Insurance Before Contractor performs any 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 tba insurance is in force and will not be canceled or modified without thirty(30) days written native to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully Meted. The requirement for carrying the faregoiM 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 irw a in amomits not less than the amounts specified and issued by a company admitted in California and having a Nest's Guide Rating of A-Class VII or better. Worker's Coupensation Liability. In accordance with the Worker Is Omgmnsation 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 cam4rehensive 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 - comprehensive Combined single 'Limit of $500,000.00 covering owned, non-owned and hired per occurrence. automobiles. d. Labor Nondiscrimination Attenticn is directed to the provisions of Section 7-1.01A(4) of the State Standard Specifications, which apply. In addition, the Contractor shall oauply with the reoomnsnk!ed minority and female euployment practices of the Office of Federal Contract Couplianee of the United States Department of Labor as established for Santa Clara County. General Provisions Page 8 of 15 IM 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 those engaged or employed in the work. The Contractor shall conform to the provisions of Sections 7-1.01A and 7-1.01B of the Standard Specifications. dies 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 Claim This section applies to all public works claims of three hundred seventy- five thousand dollars($375,000.00) cx less which arise between a contractor and the City. This section shall not apply to any claims resulting fz a contract belWaen a contractor and the City When the City has elected to resolve any disputes pursuant to Article 7.1 (cammemcing with Section 10240) of Chapter 1 of Part 2 of the Public Contract Code. 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 claim of less than fifty thousand dollars($50,000.00) , the City shall respond in writing to any written claim within forty-five(45) days of receipt of the claim, or may request, in writing, within thirty(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided p<a-Aant to this section, upon mutual agreement of the City and the claimant. (c) The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen(15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. CAeneral 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 hundr.� aFventy-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 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 documentation, or within a period of time no greate. than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. 4. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen(15) days of receipt of the City's response or within fifteen(15) days of the City's failure to respond within the time prescribed, respectively, and demand 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 (ecwm encing 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 frown 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 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. The following procedures are established for all civil actions filed to 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 commenced within thirty(30) days of the submittal, and shall be concluded within fifteen(15) days from the counenoement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the fifteen(15) day period, any party may petition the court to appoint the mediator. General Provisions page 10 of 15 f. Resolution of Construction Claims (continued) 2. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (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 Act of 1986 (Article 3 (wing 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 custc wary 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 (ccamnencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of trial de novo. 3. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. g. Responsibility for Damages The City of Cupertino, the City Council, the Engineer or the Engineer's agents shall not be answerable or accountable in airy manner for any loss or damage that may happen to the work, or argr 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 coapletion 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. Oral Provisions Page 11 of 15 g. Responsibility for Dwagess (continuer 2. No retention of additional amounts out of partial payments will be mane if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 of the State Standard Specifications ("Partial Payments") . 3. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemified 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 lcgal rate of interest for the period of such retention. The City will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the City, in lieu of the retention of funds. Such special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds shall be retained where the Contractor establishes, to the satisfaction of the City that at the time of the accident or occurrence- giving rise to a claim or lawsuit against the City or its officers or e ployees, that the Contractor had in effect public liability and property damage insurance of the type, farm, and amount as provided in Section B, paragraph 6c, above ("Insurance) . (See State Standard Specifications Section 7-1.12.) h. Workers Compensation and ih=ployment 13ns�e 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' sensation and unemployment insurance for its employees, that conforms to the provisiorLs 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 ANARD OF O24TRACT a. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as provided in the proposal. Inoauplete forms or lack of experience in the field of work being bid may be cause for rejection of the proposal. b. Contract Bonds The Contractor shall furnish two(2) good and sufficient bonds. Each of the Bonds shall be executed in a stun 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 Cade of the State of California. The Labor and materials bond will be released six(6) months after the Notice of Cmpletion, and the Faithful Performance shall be reduced by ninety percent(90%) at the Notice of Completion. The remaining ten percent(10%) will be released at the end of one(1) year from acceptance of the project provided any deficiencies in the work have been corrected. (See State Standard Specifications Section 3-1.02.) General Provisions page 12 of 15 c. Execution of Contract The sinful 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 duru q 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 percent(10%) of the amount of each of said estimates until the expiration of thirty-five(35) days from the date of recording by the City of the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent(10%) of said oontract price. The payment of pis 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 Govesrnmrnt 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 Califorr:ia Government Cie, 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 Contractors, General Provisions, Special Provisions, Bidder Qualification Form, sub- Contractors Fong and Signature Form. The Contractor shall submit as a minin m, the Notice to Om*ractors, Proposal, Bidder Qualification Form, Sub-- Contractors Form and Signature Form. Bids containing less than this or bids containing Mete forms will be disregarded. General Provisions page 13 of 15 e. Proposal Forms (continued) All proposals shall sts' te the dates for ompletion, if required, the prices prop, both in writing and in figures and shall show a total, and shall be signed by the bider, with the bidders adds. If proposals are made by an individual, name and post office adds shall be shown. If wade by a firm or partnership, the name and post office address of each Manber 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, sectary and treasurer and the proposal shall show the corporate seal. The proposal shall be submitted as directed in the "Notice to / COntxa-tors" under sealed cover plainly marked as a pxrpOsal, and identifying the project to which the proposal relates and the date of the bid operang therefor. Pals not pr�xly submitted may be disregarded. Proposal forms may be obtained from the Office of the City Clerk, City of Cupertino, 10300 TtorY-e Avenue, Cupertino, CA, 95014-3255 or by calling (408) 252-4505. f. Proposal Quaranty All proposals or bids shall be accompanied by Cash, a cashier's check or certified check lAyable 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 Cupetti.no. Said band 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 apt and over and above all statutory exemptions. said cash or check shall be forfeited or said bond shall become payable to the City in Case the bidder depositing the same does not enter into a contract with the City within ten(10) days after written notice that the Contractor has been awarded the contract. 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 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 renderur service for wages only, in or about the construction of the work or improvement, or a subcontractor licensed by the state of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement aoom-ding to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent(0.5%) of the prime contractor's bid or, in case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent. (0.5%) of the prime contractor's total bid or text thousand dollars($10,000.00) whichever is the greater. The proposal shall list the portion of the work which will be done by each subcontractor for this project. The prime contractor shall list only one(1) subcontractor for each portion as is defined by the prime contractor in the prime contractor's bid. General Provisions page 14 of 15 r •a► • 31 r •; • !. 60, I L r -i• a •; dr i a t• • [ Ia •: ID V •: i ID ••,cr► a, • � r +•J c • a:• •: • ••: �'J •i •I Mlk •> r• a• •. y. �y Ilk I a t• • �' to • 1• `. r.. C. SPECIAL PROVISIONS 1. LOCATION: This work is located on various streets in the City of Cupertino, County of Santa Clara, as shown on the attached location map. 2. SOOPE OF WORK: The work shall consist of spreading a mixture of asphaltic; emulsion, mineral aggregate, and water, proportioned and mixed, on a surface or pavement where shown on the plans, as specified herein, in accordance with Caltrans Standard Specifications or as directed by the Engineer. 3. TRAFFIC O3WML: 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 before 8:30 A.M. or after 5:30 P.M., Monday thrvxjh Friday on minor streets. Slurry seal shall be allowed to be applied between the hours of 8:30 A.M. and 3:30 P.M. . If in the City Inspector's opinion the slurry seal will take longer than two (2) hours to dry, the Contractor will be directed not to place slurry seal and an additional working day shall be added to the contract. The Contractor shall be allowed to schedule a maxim= of 125,000 S.F. per truck of slurry seal to be placed per day. Only under special conditions shall the City have the right to permit lane closure before 8:30 A.M. or after 5:30 P.M. . The Contractor shall can the street to traffic as soon as possible but not until traffic will not damage the surface and no later than two (2) hours after the application of the slurry seal. All costs of the above shall be included in the price bid and no special cessation will be allowed. 4. MAINTAINING TRAFFIC: Attention is directed to sections 7-1.08, "Public Convenience", 7-1.09, "Public Safety", 12-3.04, "Portable Delineators", and 12.2.02, "Flagging Costs" of the Standard Specifications- and these Special Provisions. Personal vehicles of the contractor's employees shall not be parked within the right-of-way during non-workiM hours. 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 in writing to the City Engineer for approval. SPECIAL PWVISIONS PAGE 1 OF 10 SPECIAL PROVISIONS (continued) : The schedule shall be plotted on a City map for review at the pre-constniction meeting, once approved a written schedule Jule must be submitted. The Contractor shall schedule his work so that residents are provided a street near by to park their vehicles. In some areas this will require scheduling adjacent streets for slurry seal to be cxapleted on different days. The local authorities and the City Inspector shall be notified in writing of changes to the schedule as they occur. 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. Public traffic shall not be routed on any portion of the new construction until the signing, pavement markers and safety features ordered by the Engineer have been installed. 5. NOTIFICATION OF RESIDERM: The contractor shall notify each residence affected by construction 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 forty-eight (48) hours notice is given to property owner or tenant. If these notification procedures are not strictly followed, the contractor shall not be allowed to work on the street. The City shall supply the "No Parking" signs and door hanger notices to be used on this project. POSIUM: The contractor shall be responsible for posting of "NO PARKING" signs as notice of work to be done and also responsible for any re-posting of notices to streets that need to be rescheduled due to unforeseen delays. The contractor must post the date the work is scheduled along with the following day's date on each sign. This is in case of a minor delay. The "NO PAYOING" sign must have the dates posted on them in a legible manner. The "NO PARKING" signs mist be stapled to an "A"_frame wooden barricade using three (3) , 5/16" staples. A ItM PARKING" sign and barricade shall be placed in front of each resident and on each corner at an intersection. TOWING PROCIDURE: 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 2 OF 10 SPECIAL PFOVISIONS (continued) °I MV PROCEDURE: (conti,raled) The contractor performing the scheduled work is bible for ereati ng the requires 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 forty eight (48) hours prior to the scheduled start of work. The contractor Waist notify local authorities with locations of postings. DOOR HANGERS: The Contractor shall be responsible for delivering door hanger notices. The City will provide the door hanger notices to the Contractor. These notices will be delivered to each residence effected by the construction. This would include residences on cul-de-sacs and housing complexes that may not be receiving a slurry seal but the street that they exit on will be receiving a slurry seal. The door hammer notices shall be delivered forty eight (48) hours prior to the slurry sealing of the streets. The Contractor shall follow this posting schedule: A. Monday post for Wray B. Tuesday post for Thursday C. Wednesday post for Friday D. Friday post for Monday & Tuesday The notices shall be placed between the hours of 8:00 a.m. and 13:00 a.m The City Inspector shall verify that the notices were properly placed; if in his opinion proper posting was not achieved the Contractor shall not be allowed to place slurry seal on the street and the street will be ruled. 6. INSPECTION AND INSPECrICN COSTS: The work will be inspected by the City of Cupertino. Inspection costs for any work done before 8:00 AM or after 5:00 PM on a regular work day, or on Saturdays, Sundays, or Holidays shall be paid for by the contractor at the rate of $35.00 per hour. 7. PUBLIC CONVENIENCE AND SAFEN: The contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. The contractor shall furnish, erect and maintain sufficient warning and directional signs, barricades and lights, and furnish sufficient flagmen to give adequate warning to the public at all times that the road or street is under faction and of any dangerous conditions encountered as a result thereof. Flagmen, barricades, and signing shall be required in order to insure safe and orderly traffic flow. Side or adjacent streets shall be posted and detoured with barricades and signs to insure traffic is routed around the work area. No application of slurry material can be scheduled so that a street is closed to traffic before 8:30 AM or after 5:30 PM. SPECIAL, PRJVVISIONS PAGE 3 OF 10 SPECIAL, PROVISIONS (continued) : 8. EgrDQ TFD QLNUITIES: it is specifically pointed out that the quantities listed in the prowl and specifications are estimates only and being given on a basis of comparison of bids and the City of Cupertino does not agree that the actual amount of work will eozrFspond, but reserves the right to increase or decrease the ammint of any class or portion of the work, or to omit items or portions of the work that may be deemed necessary by the Fzgineer. 7[11E CITY LL9 D FCR EME r M MAY BE nqCjaMM OR DErREAM Up ID Z4nOM-FIVE (25) PERCENT OF THE OOl'TRALT QIIANY`I°TIRS WIM NO CHAME IN UNIT PRICE BID. Estimated Quantities ITEM DESCRIPTION EST.QW. UNIT 1. Type II Slurry Seal 4,981,887 S.F. 2. Remove Traffic Striping 3,975 L.F. State Detail 23 City Detail 13C State Detail 38 State Detail 25 3. Remove and Install Traffic Pavement Markers 46 Eh. 4. Remove and Install Blue Pavement Markers 247 EA. 5. Install Traffic Legends & Arrows 162 Eh. stop Yield Speed (25 & 30) Arrow 6. Install Traffic Fend 9 EA. Sip Ahead SET Slow School Xing 7. Install Painted 1210 White Traffic Striping 4,075 L.F. 8. Install Painted 12f1 Yellow Traffic Striping 1,715 L.F. 9. Install State Detail 1 900 L.F. 10. Install City Detail 13C 1,160 L.F. 11. Install City Detail 23C 7,230 L.F. 12. Install State Detail 25 1,270 L.F. 13. Install State Detail 27B 268 L.F. 14. Install Stag Detail 38 915 L.F. 15. Install State Detail 39 172 L.F. 16. Install State Detail 39A 96 L.F. 17. Traffic Striping Layout 1 L.S. Alternative Bid 1. Latex Modified Slurry Seal 4,981,887 S.F. 9. EXPLANATION OF BID ITEMS: The price bid per unit measure of work shall include all costs of labor, equipment and materials rosary for the furnishing and construction Clete in place and operating, of the work in accordance with these specifications and/or the contract plans. SPECIAL PROVISIC NS PAGE 4 OF 10 SPDC'IAL PROVISIONS (continued) : 9. EMZATION OF BID ITEMS: (continued) Any item, described in the Special Provisions not specifically listed as a bid item shall be considered as included in the varies bid items and no special campensation will be allowed. BID ITEK NO. 1 - TYPE II SUHM SEAL (S.F.) : This item is bid per square foot and shall include all costs for the application of slurry seal as described in Section D of the Technical Specifications. BID ITEM NO. 2 - REWVE TRAFFIC STRIPING (L.F.) : This bid item shall include all costs for the removal of the existing and/or conflicting raised pavement markers associated with the State and City Details as shown on contract plans. Existing pavement markers, when no longer required for traffic lane delineation, shall be removed and disposed of as directed by the Engine�er. No sandblasting required. BID ITEM NO. 3 - MVVE AND INSY'ALL TRAFFIC PAVMNr MARKERS(Each) : This unit bid item shall include all cost for removal and replacement of the traffic pavement markers used to separate the direction of the vehicular movement on upper RAINBOW DRIVE AND RE12QU T ROAD. The center of these two (2) roadways shall be marked with type "D" pavement markers and at twenty four(24) feet apart. The portion of the highway surface to which the markers is to be bonded by the adhesive shall be free of dirt, curing coupound, grease, oil, moisture, loose or unsound layers, paint and any other material which would adversely affect the bond of the adhesive. Blast cleaning will not be required. BID ITEM NO. 4 - REMOVE AND INSTALL BLUE PAVIIKE211r N UMERS (Each): This Unit Bid item shall include all costs for removal and replacement- of the 2—way blue reflective markers designating the locations of fire hydrants. The location of these markers shall be six inches (611) off the nearest lane striping to and in line with the existing fire hydrant. In residential areas the location of these marker shall be six inches (611) off the enter line and in line with the existing fire hydrant. The portion of the highway surface to which the markers is to be bonded by the adhesive shall be free of dirt, curing compound, grease, oil, moisture, loose or unsound layers, paint and any other -Material which would adversely affect the bond of the adhesive. Blast cleaning will not be required. SPECIAL PROVISICNS PAGE 5 OF 10 SPECIAL PROVISICNS (continued) : BID rNMS 5 & 6 - IlJSTALL PAIRM TRAFFIC LB3DW AND APES (Each) : This bid item shall include all costs for materials, equip wnt and labor to install all legends as shown on the plans in accordance with Section 84 of the Standard Specifications and the State Traffic Manual. Contractor shall be responsible for accurately locating the position of all legends, arrows, and other markings in accordance with the plans. Prior to painting, the Contractor shall call for review and approval by the City's Traffic Engineer. The City shall have the right to make charges in the location and alit of the pavement markings. The City will supply the contractor the necessary templates for legends and arrows. Arrangem for the loan and return of the templates shall be made at the preconstruction meeting. The Contractor shall provide suitable barriers, warning signs or other arrangements to keep both foot and vehicular tr--Zfic away from the freshly painted surfaces until paint is thoroughly dry. No separate payment will be made for traffic control for applying traffic stripes. Full cation fcr traffic control shall be considered as included in the contract prices bid for traffic legends and arrows. Stop = 99 ea Yield = 3 ea Speed 25 = 41ea 30 = 1 ea Arrow = 18 ea Stop Ahead = 1 ea. set Slow School Xing = 8 ea. set BID ITEMS 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 - INS1XL TRAFFIC STRIPING (L.F.) : This bid item shall include all costs for materials, equipnent and labor to install all striping, as shown on the plans in accordance with Section 84 of the Standard Specification and the State Traffic Manual. Prior- to printing, the Oontractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. The City shall have the right to make cfiarges in the location and alignment of the lane stripes and pavement markings. No separate payment will be made for traffic control for applying traffic stripes. Full ompensation for traffic control shall be considered as included in the contract price. SPECIAL PPOVISICNS PAGE 6 OF 10 I SPECIAL PROVISIONS (continued) BID ITEM NO. 17 - TRAFFIC STRIPING LAYOUT (CAT TRACING OR MIBBr Fj (L.S.) This lungs sum bid item shall include all costs for providing and placing traffic marks per color and location shown on the plans cr as directed by the City Engineer. Control of alignment and layout of traffic stripes shall conform to the provisions in Section 84-1.02, "Traffic Stripes and Pavement Markings," of the Standard Specifications. Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows and other markings in accordance with the plans and City Standard markings by cat tracking with painted marks immediately or no later than two (2) hours behind the contractor's paving operation. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through or mtrol F.oi.nts on curved alignment and placing spats of paint along the rope. The spots shall not be more than three inches (311) in width and not more than five feet (51) apart on curves nor more than ten feet (101) apart on tangents. Dribble lines shall consist of marking the pavement with a thin line of paint using a striping machine or other suitable device. Dribble lines shall be on a straight lime between control points on tangent alignment and on a true arc through control points on curved alignment. Paint for cat tracks and dribble lines shall be the same color as the traffic stripe for which they are replacirtiq: Prior to painting, the contractor shall call for review and approval of the proposed striping by the City's Traffic Engineer. City shall have the right to make changes in the location and alignment of lane stripes. No separate payment will be made for traffic control for applying cat tracks or dribble lines. Full cmWnsation for traffic control shall be cmisidered as included in the contract prices. See City of 04:)extino Standard Details 2-26 and 2-27. See State Standard Plans A20-A, A20-B, A20-C, A-24A, A-i A-24C, A-24D. ALTERNATIVE BID ITM NO 1- TYPE II SLURRY SEAL W17H TIME RESMcn-NS S.F. This bid item if selected would be used instead of Bid Item No. 1. This .item is bid per square foot and shall be the cost for the application of latest modified slurry seal as described in Section D of the Technical Specifications. SPECIAL PROVISIONS PAGE 7 OF 10 ALTERNATM BID ITEM NO 1 - TYPE II STUBBY SEAL WrM TDM RESTRICTIONS S.F. : (continued) The Contractor shall provide to the City prior to starting the project the mix design for approval by the City Engineer. Along with the mix design a one (1) gallon sample of the latex modified emulsion and eighty (80) pounds of agg�a'*,.e must be provided so that tests can be performed to verify the mix design performance. The Latex modified Slurry Seal shall conform to Section 376� of Caltrants Standard Specifications and the Technical Specifications where applicable. 10. TIME OF OCW'LEI CN/LIQUIDATED DAMAGES: The contractor shall diligently ate the work and said work shall be completed before the expiration of forty (40) working days from the notice to proceed. The beginning date for start of work shall be July 5, 1993. In order to complete this maintenance work on schedule, the City requests that once the notice to proceed and project has started, the contractor not pull off the job until completion of work, unless authorized by the City. The Contractor shall pay to the City of Cupertino, the sum of One Hundred and Fifty Dollars ($150.00) per day for each and every calendar day's delay beyond the completion date. This amount of liquidated damages shall be deducted by the City frcan monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any esocess. 11. WATER: Since Water quality is essential for this project the City will supply potable water through a City fire hydrant for this project only. 12. LIQUIDATED DAMAGES FUR TRAFFIC STRIPING: 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 p.m. on each calendar day of the r- project. 2. Within two (2) hours after each street has been slurried or overlaid, I shall be ible for aaarcatel loco t rz Standard Plans ' J1ify 992*, of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E), City Standard Details 2-26 & 2-27, and the Project Plans. Bid Item 3 through 16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the stun of one baudred and fifty dollars($150.00) per calendar day for that current day, plus the sums of one hundred and fifty dollars($150.00) for each and every calendar day the temporary striping remains incomplete. SPBCIAL PFMISICNS PAGE 8 OF 10 SPECIAL PROVISIONS (continued) 12. LIQUIDATED DAMES FUR TRAFFIC STRIPING: (con inued) 3. No permanent striping shall be installed for seven(7) calendar days after the street has been slurried or overlaid, not including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permwient Striping shall be installed betwmeen the eighth(8th) and the twelfth(12th) calendar days. 5. on the thirteenth(13th) calendar day following the slurry or a,rerlay of each street, I shall be responsible for having completed the installation of the Pert striping. All centerlines, two-way bvxrier, two-way left turn lanes, left turn pockets, bike lams, travel lanes, limit lines (stop bars), legends, speed limits, and other striping not solely limited to these patterns or legends as shaven in the Standasld Plans dated July 1992, of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Mails 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform thi portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one huts and fifty dollars($150.00) per day for that day, plus the sum of one hundred and fifty dollars($150.00) for each and every calendar day the percent traffic striping, markings, and legends remains irlete. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties; shall be liable to the City for any excess. 13. PREOONSTRCK-17CN MEETING: A preconstruction meeting will be scheduled prior to beginning work. Striping plans will be discussed at that time. 14. 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 snuffler 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 89 dBA at a distance of twenty-five feet (251) (7.5 meters) . 2. A noise level on any nearby property does not exoeec 710 dBA. SPECIAL PROVISIMS PAGE 9 OF 10 SPECIAL PROVISIONS (continued) 14. NOISE COMML: (continued) It is a violation of this chapter to engage in any grading, street construction or underground utility work within seven hundred fifty feet (750') of a residential area on Saturdays, Sundays, holidays, and during the nighttime period except as provided in the City of Cupertino Municipal Code, Section 10.48. Grading, constriction, or demolition occurrirxg during nighttime periods shall not be allowed unless they meet the nighttime standards of Section 10.48.040. 15. SURFACE PREPARATION: Special care shall be taken to clean the pavement before the slurry seal application. Contractor shall provide whatever campressed air or other cleaning methods approved by the City necessary to remove all dirt, weeds and loose material from the pavement. 16. TREE TRIMMING: All tree tri=dM shall be done by the City prior to beginning of work. The Contractor shall provide the City with a list of street addresses requiring tree trimming, at the pre-construction meeting. 17. FINAL CLEANUP: The contractor shall provide all necessary equipment, skill and. manpower to sweep all ccarrpleted slurry sealed streets to the satisfaction of the City Inspector. 18. PAYMENr: Payment shall be made on only those streets the City has approved and for an approved amount. No other sensation 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. SPECIAL PRWISICNIS PAGE 10 OF 10 D. TECHNICAL SPECIFICATIONS 2. TYPE II SLURRY SEAL A. MATERIALS: 1. Asphaltic Emulsion - Bitunnirous binder shall be a quick set cationic emulsion, and shall conform to Section 37-2.02A, Asphaltic Emulsion", of the State of California Specifications. 2. Aggregate - The aggregate used in this project shall conform to Section 37-2.02C, "legates", of the State of California Specifications. Percent composition by weight shall conform to the following schedule when tested by Test. No. California 202. Sieve Size Percent Passing (Type II) 3/811 100% No. 4 90 -100 No. 8 65 - 90 No. 16 40 - 70 No. 30 25 - 50 No. 200 5 - 15 The aggregate shall also conform to the followings quality requirements: California Tests Test Requirements Sarni Equivalent 217 4545 M Film Stripping (Test performed on the material passing the No. 8 sieve and retained in the No. 16 sieve) 302 25% Max. Durability Index 229 60 Min. The contractor shall supply the City with a sample of the asphaltic emulsion (1 gal.) and aggregate (80 lbs.) to be used on the project. If the batch changes during the course of the project new samples will be required. A Certificate of Cceenpliance is required for each load of materials. All slurry seals mist paw a wet track abrasion test by AS'IM, D3910 which allows 75 gms/sq. ft. max. to be lost during the test. B. WATER: All water used with the slurry mixture shall be potable and free from harmful soluble salts. The contractor shall include all costs for obtaining water. A City water hydrant is located adjacent to the City Service Center where material may be stockpiled. C. APPLICATION OF SLLYM: 1. Slurry seal shall be placed only when the atmospheric temperature is at least 650F. Slurry seal shall not be placed on the surface of a street after the tires delineated in the Special Provisions, Paragraph 2, Traffic Control, unless e-Vressly authorized by the Engineer. If the relative humidity is too high to allow quick setting of the slurry the Mork shall be postponed. TECHNICAL SPECIFICATIONS PAGE 1 OF 4 TB3MCAL SPECIFICATIONS (continued) 2. Before slurry seal is to be applied to any areas, all miscellaneous utility cover, including all flush mounted street mamments and manhole covers located in the areas to be surfaced shall be covered or oiled. The covers and mm m ants shall be completely cleaned as quickly as possible after the application of the slurry seal and prior to the final set of the slurry. All items so cleaned by the contractor shall meet the requirements stipulated by the Engineer and/or the utilities involved. 3. The contractor shall refrain from using diesel fuel or solvents of any kind for cleaning tools and equipment in such a manor as to permit spillage of the diesel fuel or solvent on existing pavement, orbs, gutters, parkways, or other ugxmved areas. 4. The rate of airing of the slurry seal shall be such that a street may be open to traffic within two (2) hours after application without tracking or damage to the surfacing. 5. The surface shall be fogged with water at a rate of 0.10 gallon per square yard directly preoedirq the spreader if required. The application of slurry shall then be such to apply a uniform complete coverage of the street areas. No lumping, balling or unmixed aggregate shall be permitted. If segregation of the emulsion and aggregate fines from the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. No excessive bleeding of the emulsion will be allowed in the spLvader box. No streaks such as caused by oversized aggregate will be left in the finished pw.mment. The entire pavement, including the area around curb returns, shall be covered from gutter to gutter. A sand blotter shall be spread at selected intersections, where required by the Engineer, to accamcdate pedestrian traffic until the slurry sets. No excessive build up nor unsightly appearance shall be permitted on longitudinal or transverse joints. The uue of burlap drags or other type drags shall be approved by the Engineer. Approved squeegee, shall be used to spread slurry in non accessible areas to the slurry mixes. Care shall be exercised in leaving no unsightly appearance from hand work. "Tire tracks" from the equipment used herein shall not mark or discolor adjoining streets where no work is to be done. Said trades discoloration shall be sand blasted out as required by the Engineer. This shall apply to noticeable discoloration. TECMCAL SPECIFIC ATIC KS PAGE 2 OF 4 TDC MCAL SP=FI=CNS (contintiad) : D. PROPOICI : 'Ilse mix shall be proportioned in accordance with Section 37-2.03. E. S'IOCWILE AREA: Zhe contractor may stockpile aerate at a location provided by the City; dust control mast be provided. All cleanup and removal of excess material shall be provided by the contractor at no cost to the City. Said work shall be at the direction of the gegineer. TDC MICAL SPDCIFICATICKS PAGE 3 OF 4 TECHNICAL SPECIFICATIONS Continued: 2. TEMPORARY PAVEMENT MARKERS: The marker body shall be manufactured from a polyurethane material meeting the following requirements. Property Requirement ASTM Test Method Specific Gravity (Min) 1.19 D-792 Harness (Min) 80 A D-22-0 Tensile Strength (Min. PSI) 4600 D-412 Ultimate Elongation (Min. %) 300 D-412 Modulus @300% (Min. PSI) 1000 D-412 Stiffness @-200F (Min. PSI) 1700 D-1053 @-720F (Min. PSI) 900 D-1053 Compression Set 22 hours @ 700C (Max. t) 65 D-395 Taber Abrasion CS17 Wheel Wt. Lose Mg./1000 cycles 3 The marker body thickness shall be 0.060" plus or minus o.010". The reflective tape shall be metallized polycarbonate microprism retroreflective material or equal. The tape shall have a minimum reflectance of 1800 candlepower per footcandle per square foot at 1/l00 observation and Oo entrance angles. The reflective tape shall be a minimum of 1/4" wide and 3-1/2" long. The adhesive on surface III shall be a solid butyl rubber 1/8" thick, 3/4" wide on 1" wide release paper. Marker types shall be as follows: Type Y - a yellow body with yellow reflective tape on surfaces I and II and solid butyl rubber adhesive on surface III. Type W - a white body with white reflective tape on surfaces I and II and solid butyl rubber adhesive on surface III. Refer to Detail 1 for dimensions of markers. TECHNICAL SPECIFICATIONS PAGE 4 OF 4 E. CONTRACr FOR PUBLIC WORKS This CX?NMcr made on 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 C 2N RACIOR as follows: 1. TM CCKnZALT DOCUM22M. The complete 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 - S ZEW SEAL d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Erriorsenent, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's C.capensation 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 scmtimes 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. 7M WCM. OONTRACIKOR 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 SMW Slid SEAL 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, STREEr !4'lIN - SLOW SEAL, PROTECT 93-104 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purk-xose of this Contract the Engineer, Mt. Bert J. Viskovich. Contract Page 1 of 6 CONTRACT FOR MMUC WOWS (continued) 3. OWMACT PRYCE. CITY agrees to Pay, and CONS agrees to accept, in full payment for the work above agreed to be dome, the sum of subject to additions and/or deductions as provided in the Contract Documents, per E&.ibit A attached hereto. 4. DISFUMS PEFMINMC TO PAMW FCR MAK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if- applicable. or in accordance with agreement of prices, if applicable, of in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f" of the General Provisions. 5. PKWTS, WIE YAW. CONTRACTOR shall obtain and bear all expense for all neoessacy permits, lice and easements for the construction of the project, give all necessary notices, pay all fees required by law, and camply with the laws, ordinances and regulations relating to the work and to th-- preservation of the public health and safety. 6. INSPB=RM BY I= CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the wnrk, 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 COMRAC70R I S exp nse- 7. IDEL'Q?A Cl2 AMMCNAL WOW AND CHANCES. Should CM at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, ,'rich shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CRUCES To MW dt5. CITY shall have the right to make changes in this Contract during the coarse of construction to bring the cmpleted im;xxwements into omplianoe with enviroy ental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CIMMM OR 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 CONTRACT FOR PUBLIC WORKS (continued) 9. MVMUN, AMENEHM Cat M33371 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. TIW FUR CCMnF.nC H. 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 CCNIRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of ccapletion 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. INEPEKMMM AND SING OF NFAMAW. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. ZCId FCR ffiMICH UR IMENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assicyvent 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 OCKTRACTOR and CON RACTOR'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, C1'TY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however. that, if the surety within fifteen(15) days after the serving upon it of notice of termination does not give CITY written notice of its intention t^ %e over and perform the Contract, or does not commence performance therec iiin thirty(30) days from the date of the serving of such notice, CITY may taxe over the work and prosecute the same to completion by contract, or by any other method it may din advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in coupleting 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. TM CPT I S 1UGHr TO kMMHOED CHWUN AMXMM AMID MMM APPI.IC ATICK THEMM. 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 frun 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 vaunt or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACMR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONmxc-mR, and CITY shall not be liable to OONTRACTOR 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 retenticn of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. MMCS AND SE W410E 7EGNOW. kny notice from one party to the other under this Contract shall be in writi:-1- -:, and shall be dated and signed either by the party giving such notice, or � , a duly authorized representative of such party. Any such notice slk.11 nct 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 i» a sealed envelope, addressed to CITY OF CUPERMiO, 10300 TORRE AVENUE, CUPERrINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to COMRACMR, or to CONTRACMR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to postage prepaid and certified; and (c) if notice is given to OONTRACtLOR'S surety or any other person, either by personal delivery thereof to CONTRACMR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CON RACMR'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. ASSCCMdP OF Off. Neither the Contract, nor any part thereof, nor moneys due or to became due thereunder, shall be assigned b^y CONTRACTOR without the prior written approval of CITY. 16. CrFR 7.JANM WM CATICr35 OF AILS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CM 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 OOMMCMR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WCKMI S Ate EMPLOMIS I,YARUXr C MANUMM. CONTRACIOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all sub-ccntractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. Contract Page 4 of 6 CONTRACT FOR PUBLIC WORKS (continued) In signing this Contract COAFTRACIOR 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 cavensation 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 Cc1ltract.t0 18. ACCUNM FWJENrJ1CN. 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 accoidanee with the safety provisions of the Construction and Safety orders issued by the Industrial Accident Cca nission of the State of California. 19. =40tACTURIS 1131 1 EXW FM TW MCM. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NOAMnMESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indenmify 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 effect_. 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 foregoiM, 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. CXDCffL4CTM9S G(FJRANTEE. CONTRACTOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one(1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 21. DEFERRHD AIXENWE SELErXUN. 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 a*RRA.Cr FUR PUBLIC WORKS (continued) P.O. IN W INESS MMMF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERr MO CONTRACIUR: By: Notary acknowledgment is required. If a corporation, corporate seal and corporate rx7tary 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: City Manager Attest: City Clerk Date: _ 19 City Clerk APPROVED AS TO FORM AND PROEMM: City Attorney Project Name & Number: Sf - Simi SDI,, PRQJWr 93-104 Contractors Name and Address: Contract Amount: $ Account Number: File Number: 98,493.45 Contract Page 6 of 6 CMMN ACT FOR PUBLIC WORKS (continued) INSURANCE AGREEMERr A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which reT- ires every employer to be insured against liability for workers' motion 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 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, crmm ercial 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, Officers,Agents and Employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers n ust 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 i,-1 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 thin 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 arJ issued by a company admitted in California and having a Bes--t's Guide Rating of A, Class VII or better. Worker's Compensation Liability. In accordance with the Worker's Comper.sation Act of the State of California - $1,000,000 pew occurrence. Insurance Agreement Page 1 of 2 allT tACr FOR PUBLIC CGS (continued) Public Liability - either Combined single limit of 1.0 million commercial general liability per occurrence;renc:e; $2.0 million in the or comprehensive general liability; aggregate. including provisions for contractual liability, personal injury, .independent contractors and property damage coverages. Builder's all Risk. Amount equal to 100% of the contract price bid; $25,000 deductible is allowed. Automobile Liability - ccoprehensive Combined single limit of $500,000.00 covering owned, ram-owned and hired per occurrence. automobiles. By: (Contractor's Name) Dated: 19 Insuranoe Agreement Paste 2 of 2 CONTRACT FUR PUBLIC WORKS (continued) CERE'IFICATE OF INSURANCE TO THE CITY OF CUPERrIM This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are hi force at this time. Insured: Address: Description of operations/locations/products insured (show contract name and/or number, if any) : WOWERR.S' C PENSATION *Statutory Min. *Employer I s Liability (name of insurer) S S S Insurance Ccampany's State License No. Check Policy Type: Each Occurrence $ 03440 4SIV'E GENERAL LIABILSTY [ ] Premises/Operations General Aggregate $ (if applicable) [ ] Owners & Contractors Protective Aggregate $ [ J Contractual for Specific Contract Perssonal Injury $ [ ] Products Liability [ ] XCU Hazards [ J Broad Form P.D. Fire Damage (any [ ] Severability of Interest one fire) $ Clause [ ] Personal Injury with Medical Expense Employee Exclusion Removed (any one person) $ _ or Self-Insured CCIAL GENERAL LIABIII'TY Retention $ (name of insurer) Policy No. Expiration Date Certificate of Insurance Page 1 of 2 CamMCT FOR PUBLIC WORKS (contimied) AUFIC V1WE/VEHICLE LIABnxry BODILY INJL RY PROPEL DAMAGE Co mercial Farm Each Person Each Accident Liability coverage S S Each Accident (name of insurer) $ or C=nbined Single Limit $ Policy No. Expiration Date BUILDER'S RISK 1/ALL RISK" This is to certify that the follvwim policy has been issued by the below- stated ecurany in conformance with the requirements of Section 8-1 of the General Provisions and is in force at this time: (name of insurer) POLICY EXPIRATION I.TNIITS OF DEDUCTIBLE NUMBER DATE LIABILITY A copy of all Endorsements to the policy(ies) which in any way (agents's Uut)limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an inmwance 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 i.; subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIID 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 Additional Insured Endorsement on ccupany forms. Certificate of Insurance Page 2 of 2 CQNTRACT FOR PUBLIC wows (continued) ENDORSEKENr OF PRIMARY INSURANCE In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any ;p 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 insured(s) shall be called upon to cover a loss under said additional policy. POLIO INFOY44AT'ION 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 Insurance Company to the City in connection with this policy and this Additional Insured Endorseamxit, 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 Ccepany and by my signature hereon do so bind this Caq)any. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Nimes of Agent/Agent+,: Title: Address: Telephony: Facsimile: Primary Endorsement Page 1 of 1 CONTRACT FOR PUBLIC WORKS (continued) CMWREHENSIVE GEtM;AL 11ABILI' Z C7CMMERCIAL GENERAL LIABILITY FNDORSEMM OF AGNATE LMM= OF INSURANCE PER PRQ7EX°T 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 LM TS OF INSURANCE applies separately to the project described as POLICY INFlOY44 ION 1. Insurance Company: 2. Insurance Policy Number: 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 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, _ (print/type ram) warrant that I have authority to bind the below listed Insurance Coitgoany and by my signature hereon do so bind this Campany. �'..gnature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Name; of Agent/Agency: Title: Address: Telephone: Facsimile: Aggregate Limits Endorsement Page 1 of 1 ADDITIONAL INSURED E2JDOR.SEME Rr In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other End xsement attached thereto, it is agreed as follows: The 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, agents and employees are hereby declared to be additional insureds sander 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 insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFURNMMON 1. Insurance many: _ 2. Im xance Policy Number: 3. Effective Date of this Endorsement: 19 4. Insured: 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, Calif °.-ia, 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. Sigiature of Authorized Pepresentative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Ad3dUtional Insured Endorsement rage 1 of 1 CONMI CT FOR PtWJC WORKS (continued) WAIVER OF SLMPOGATTON ENDORSEmE"r WORKER'S COMPENSATION 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 incur—ice as is afforded by the policy, the Insurance Company waives any right of ,rogation 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 in;ury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenond Contract. POLICY INFORMATION 1. Insurance Ccatpany: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 19 4. Insured: 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, (print/type ) warrant that I have authority to bind the below listed Insurance Ccmpany and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) ;lames of Agent/Agency: Title: Address: Telephone: Facsimile: Subrogation Endorsement Page 1 of 1 93-015 STREET MAINTENANCE SLURRY SEAL 5 of 5 PROJECT 93-104 ,.a CAS FOR PUBLIC WOM(S (continued) NOTICE OF POLICY CANCELLATION ENDCF67EMEM In consideration of the policy premium and notwithstanding any incon- sistent statement in the policy to which this Endorsement is attached or any other Endcrsemennt attached thereto, it is aT7,ed as follows: Cancellation Notice. The insurance afforded by this poli-y, shall not be sum, voided, cancelled, reduced in coverage or in limits, or materially altered, except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Czertino ("City") . Such notice sha.11 be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Campany: 2. Insurance Policy Number: 3. Effective Date of this Erx1orsemF .t- , 19 4. Insured: All notices herein provided to be givar_ by the Insurance many to the City in connection with this policy and this Additional Irk Frxkwsemsnt, 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 bind the below listed Insurance Ccmpany and by my signature hereon do so bind this conpany. Signature of Authorized Representative: (Original signature required on all Frdorsements furnished to the District) *dames of Agent/Agency: Title: .Address: Telephone: Facsimile: Cancellation Endorsement Page 1 of 1 FAITHFUL PERFt7RM SCE BOND IOM ALL MEN BY 'THESE PRFSERr: `HT WE, as Principal, (contractor's name) , and as Surety, (bar i.rxx conpany's name) are held and firmly bound unto the City of Cupertino, state of California, in the sum of lawful money of the Doted States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHERFAS, t.:ce Principal has entered into a contract with the City dated ,19 with the Obligee to do and perform the following work to-wit: NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full farce and effect. IN WITNESS WMWF, this instruct ent has been duly executed by Principal and Surety this day of , 19 (Tb be signed by Principal and Surety. Notary acknowledgments required) COt•FII2ACPOR Principal Surety By: Attorney-In-Fact The above bond is acoepted and approved this ` day of ,19 Faithful Performance Page 1 of 1 CONTRACT FOR PUBLIC WORKS (continued) IABOR AND MAJI RTAL BOND 1QM 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 _.aid contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, as Principal, (contractor's name) and , as Surety, (Bonding Ccpany'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 miz;—tioned, and incorporated herein by reference, and all persons, conpanies or corporations lending or hiring teams, iuplements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ME COMITION 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 Unenployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, ooupames, and corporations entitled to file clam under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit broLNght upon this bond. Labor and Material Page 1 of 2 a ACr FUR PUBLJC rests (continued) Arid the said Surety, for value received, hereby stipulates, and agrees that no change, extensioirt of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications acomq3anyinq the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specif ications. IN WITNESS MEPMF, this instrs,mw& has been duly wocuted by the Principal and Surety this Y day of _ , 19 (To be signed by Principal and Surety. Notary ac-m-owledgments retgdiired) CONTRACTOR Principal Surety By: Attorney-In-Fact The above bond is accepted and approved this day of ,19y Labor and Material Page 2 of 2 3s ,S al •SZ`! ��® b3 isi t �)v O1t%�,��a•�3�,Qya t1����3b ®r� 53a�1 5tal �� p LU ,ZI • ,b !.HAN6/CAA RAMP 4'"1 w4 d r TYPICAL STOP BAR LOCATION a TYPICAL X-V ALA LOCATION DETAIL 2 I 48 I 48' i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0-3„ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16' I6' 1 DETAIL 23C 96` 48' I 48` 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ® 3, O O o O O o 0 el I I8` I 12` I 18` 101- 12` O 0 0 0 O O 0 O 3" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DETAIL 33C LEGEND O TWO-WAY YELLOW REFLECTIVE MARKER O NON- REFLECTIVE YELLOW MARKER DETAIL 3 CITY OF CUPERTINO APPROVED BY : RATE : '� ,� 2-26 STANDARD DETAILS "" 1 r N _n 2 -C o 200' VEH MM z ® 5 min. . BIKE LIMIT LINE � �.�. ' V ar varies FO.C. M O M TYPICAL BIKE LANE AT INTERSECTION' 200' t� �-- 1 , a 8' a' 4° B � � vENho a ----4Pw Vs . T varies LIMIT LINE Mo BIKE 6 or varies ti � F.O.C. N v WIDENED BIKE LANE AT INTERSECTION CENTERLINES (2 LANE HIGHWAYSI LANELINES q _r I►ULT,LANE HIGHWAYS)` DETAp 1 J. I, ,992 Ir e-a- DETAIL 9 oe DETAIL 2 NO PASSING ZONES-ONE DIRECTION -+-r -r—n--_t •—m--, t-i _ r---I t Ir�r.�n•.�r_ �+ DETAIL 9 DETAIL 15 DETAIL 4 .a IN E=1 r a%i-t`--r/i- -t �.® 0ee ®®® ® DETAIL 16 ................. ......: .... ..... DETAIL 10 DETAIL 5 .e may. ----z. -t..__� r �-a e.-_►_'a._--r e•..�r� 24 �� r• - I- ® B 000 e O 000 14.1!» DETAIL I7 2000000000000'4 DETAIL 6 _4 F w' DE14n. IfH a' a e— - ..� ��_—>b• �-ti .�—r- p' - —.x•—._�_ p.- 1 �� �•C� L� DETAIL IB ... . ....... ... ... .. .... . . .. . .� DETAIL T _.,' p'— DETAIL R a� h-m•_-__v_" -.® -- !. v 0 G O G G O --ee- 1--0'----Q+^-G'— DETAIL 19 ?..::•:::. ::.......: , E a e� �.•► asr•-oao••_ •a® C'� m MARKER �1 ^�®-:.•—® z.•-- �2•. a'•r DETAIL 13 DETAILS oaz:oos� �•� 48'— -- �� s� I`"-p•�,_a•__• !•• $► o° -gyp• '— .�� DETAIL 20 0 Goes b'--'r'-Q'-'•r--Ia•--, IuaEEAs ® 6 SIP 000oo tl �,v�0000000®0�000E O TYK a Vote won-.otwctlse .+•' -s- �.•L ® TYK AT Tam.won-.Hlsctiso Aetlectl.e tau TYPE A TYPE AY NO PASSING ZONES-TWO DIRECTIONS 6 _ ® TTK c Aao-CINr Ite loctive cm, ..00•• DETAIL 14 4- !.. ®trPt D Teo-.ay rem.wrretl.e r�'!--I ELM: DETAIL 21 i ® tTvc G olr-.ot cawaslUcrlw s- L—.e•- 7—.e•—�--.e• ® TYK It am-.ay Terre Eletlecrl•a 0 0000 p 0000 in 0000 a 24._ LINES DETAIL 22 1_T DETAIL M �->F •, .••wife TYPE C 6 TYPE G IS In ® Oft ! TYPE D TYPE H •� �J __ e� e••Tajo. Q! �� ��- 2.'-- ?.' .f. cwectlon of trosa �� I I �® �� __®� NOTES �raL�+yy!w.-/Ewoe-JW4- — DETAIL 23 P L n o�yol.c+oa o.eo of I\ I I I 1 �'® _i�• M■ relleCrlre aoce•�(q p,pe MKn / St.tE M C4eaaw. 2.aettc+Ire.�.er.neon no+ fro re<+onppor -JETAIL 1"' 44.1 a, s.De+mil owetea PAVEMENT MARKERS AND TRAFFIC LINES TYPICAL DETAILS NO SCALE ARDA LEFT EDGELINES MEDIAN ISLANDS S (Divided Highways) r• �� � TWO-WAY LEFT TURN LANES �, DETAIL 31 nre r.au.•r o.n .wi�Elm DETAIL 24 -(- DETAIL 26 TrTn„u,.m -T �*•'- ---rs- ..►�toos or ..o.oba.oT 1r' m-9, DETAIL 25 ® -.a.. ognm =__7 ��"I �{r. '40, 1--- "'s --'� —a. a•-- DETAIL 32 s6 r ® ®Ja..'.. DETAIL 25A 1 ®-TY DETAIL 29 z.n mm e -- -4--x'--;- ,op at DETAIL 26 ,' tOQe of na.wa." C3—!a•. : 46'— ® DETAIL 33 _ dA -1 —zr 1—24 V DETAIL 27 T,r• DETAIL 30 r ? ooeo ® o®oo Gomm iiA,mmmmmmmmmmm, r �a'mnor,m �.. ®® ®®®®®oo®®®®®®�®�f'A®®®®®®o®®®®®OooQ® T. ,9 taAe of oeeseenoo®oom - -.► rro.a 4 �' --�`Lr -+- m0000®®o®W998-T IN'-'JSECTION TREATMENTS DETAIL 34 -'r-- RIGHT EDGEUNE r'�--- MARKER T.. _ •_-m- -m--�--m �� DE _'LS DETAIL 278 �r ®� —y. .r g -Edpe of *,a.~way DETAIL 34Ad "-�•�"""` -' -m0'nrowm--------t-� RIGHT EDGELINE EXTENSION THROUGH INTERSECTIONS Face TYPE AT ¢ ; DE T AIL 35 h' '°° 24.^`" _� 21 DETAIL 27t A p may.. 5� -w-- a•• eh ^rr, = f6 ® �� , ME so '`.->> o.+a•aTs aao-o.Ts a. r -® Ef ® �, _a,rr e5ED Ai 911 LEGEND ® +laE.lm DETAIL 35A _--�-��0 TTrt D Teo-." Too"reHec.M r Cj ' ).. TTTR aOm•."Tao.Reflect" TYPE D TYPE. H T., �'� 1 �.r��-...rt•--„y ® �5a� NOTES L�nNmun wohcrso oeo of f�at(d 4Ntlrela► O e••nwe ..mc".9 eoc. goo.amr.W.,, atrwTatNT a TaaW"laTmN a•N..mc,,..eer..r —:1 M, °e f9OW9.- PAVEMENT MARKERS AND r-voo" i De.oeam a.eF,ea TRAFFIC LINES TYPICAI. DETAILS ..r or«.NN o. Tra.tl NO SCALE A 2 8 EXIT RAMP NEUTRAL AREA (GORE)TREATMENT DETAIL 36 LANE DROP AT INTER,ECTIONS .esgm �� •[ape o1 rro.we toy WOL"I per, DETAIL 3T8 wr—"s a,we...art • w1:n Tom_ 0"mte EbY s..arosJTaJ . tni,.rti r—lDaOto�!Q ";Yr{� hon:Joe INS..Dttch Js+ Ste 0 10 C] 10 ER,! Q O 1 Ca 01 0 �— Ste ha,A209- t..m,s au o rrroupn froffk o® soa Won 38 Sit ham atop 4 • � of I � DETAIL VC [aoa of rro.wo toy maws ENTRANCE RAMP NEUTRAL AREA (GORE)TREATMENT 31h91-13'-6 DETAIL 36A B8 1 Be 88 1 Be Be 1 Be Be 1 Be Be 1 88 1888Q8188L �+..m w ty to we low of iro. a toy o ,rv,al J �► TrrauD,noffk --al• So.Dstas SK' Ste ha+AEDO !..Datara 21e a{7•'DJO_s a,o haf{JDe 6• r mro tno MARKER �'S1 o+r•to.os••�T Ste co l m,AM LEGEND DETAILS o rem**I.Va— — ?me+YaMra Ov..rV tbbil� � r"so.o"t a IOeuBLBS ® q.. Eets of Tro•we toy Mow �! Jr 0 rrK a mts kor*.of,oc,l.a RHrc,M tou TYPE a afa hm AM ® im 6 cm-ay cow R.ftocfwe � - � +9•�� Dtr.afbn of Irova a6a••an•� aar•4.n� LANE DROP AT EXIT RAMPS DETAIL 37 • Roaoot of yy ahe mfr.ou !op•J,r- TYPE C TYPE G ��► r---la sa— !v !o— 67Yr61 to R'«°R ao.D.fae NOTES 1 CI O 1 0 O 1 O tw+no.orolaatw arw of �_3 1 ED C3 1 0 E� _ nfuenw foe.•SOD aa,vo man t••mq the 2.46twfw.sonars row not to rectaxUor ai ® DETAIL 31A —to• R�.ot at%. ft.mtervau 30D' w-- 6 i!'16 s.a a,os!6 j I i I S•a hog aJaO J� 8 8 1 8 8 8 8 / 8 8 8 8 1 8 8 6 8 1 8 8 B B 1 8 8 16 8 8816��8 ocraTWENT or rsassro1uton P ..�. PAVEMENT MARKERS AND TRAFFIC LINES +n .ro.ana crv.»n,Wmo M- aw.m beoa1+1ea Oran, o WWy aw. TYPICAL DETAILS s!� vew... Lw"m m e mca NO SCALE � v CHANNELIZING LINE, DETAIL 38 ee�f strte lM -- LEGEND ! RECESS DETAIL FOR r.►�.. R gr 1 N •� 0 Trrc a w+c+• +•taen.• REFLECTIVE PAVEMENT MARKER .:.w....o..«ay "Wmgb lratfk —b► ®Tort c Oti-eoY C►v OE70. SBA r WOO 16+e = a — W'acnon of Lowerss r XCrbM e-e a�r`��iss o.K1tMiu�tYo e _ e DETAIL US /a r e«t•tY.• r. —a® �—rr_'r. s l,`:Y•` �-- n on ear• aet �'• • rJ air'axT� r � ONE-WAY TRAFFIC MARKER fTTrt if DETAILS DETAIL 38C 1888881888881 ss 6efyc9rwe(ace �Fl T ►6MIEY1 rfrta i t rF�E e T rPE G '�"°' � '� ff>a tw a ua BIKE LANE LINE �® On I w w DETAIL 39 6`f•9t•Lyre NOTES RAM LUWA a fropcteo are°of T refrlo"lope.LN oavp►eT TWO-WAY TRAFFIC L eotpetM em►re nee•not to fectanplr dirt 31 z 3.Se•IF~tfoffrc M aetefe lo,owkr N(B E ANE pot to be ww e1n'00""d REFLECTIVE PAVEMENT MARKER u,tersec on Lhre cotoo ;•0*os swftwo Type r.eew FOR RECESSED INSTALLATION DETAIL 39A e+.reettbn .r.o �o C3 6-Wdte 00 C pep••on ate"an 0.e1r,No. bfrectfw rope e'0°••Y0° SANE LINE EXTENSIONS THROUGH INTERSECTION C3,p••a„ DETAIL 40 Ls-m® JA"ma. ® P..9 r6. 1 TYPE C B TYPE 0 TYPE G i TYPE H fe�S�Jp1 C3 0 C� C3 U See alto 3 r Wrote tyro DETAIL e0A --r r r- OuQoo000 o � type 6 feonaef+epnw staff v rrueueee etrw.l M OF TRIt"VOM PAVEMENT MARKERS AND TRAFFIC LINES co TYPICAL p SDETAILS AEDA 4 • Ile cm EKE A I NI■ Ili � ■'/■■ ■ ■ ■ ./�, . ■1111■ Ilf■ /■■ ■. ■///1 - ■ifll■ of - N/■■ ■�� �� flit■ nl t,�■■■ ■Ifli■ ■NI■ H■■■ ■■ ■■■ ■Inl■ ■fnli ■■■■■i ■ ■ C. ■11l1■ ■Inf■ ■■ ■■// NI■ ■fnl■ ■/I■ 30 ■fni■ ■� I■IA 111111 �� 30 ■fllf ■ �1 � 1■ R ■ ■■■ ■ ■■/I■■► ■■ ►.� 7 ■■►tf/rllli� swl /I/,■fill■ TYPE IV M ARROW(FOR TYPE MIR)ARROW. [1■IFOR LEFT LANE. TYPE 1(24)ARROW 2 BCH GRO USE MIRROR IMAGE ■■�.USE MIRROR .:AGE) TYPE V ARROW NOTU wt - ■■ ■ti■ Ill ACCEPTED Ill 14 EIMKEJL TYPE Vil M ARROW (FOR TYPE VOIRI ARROW. ARROWS USE miRROR IMAGE) NO SCALE FA-1-2 . ■■■ ■Ili , a ■�/1/■■ ■■%1/■■ ► ■ N� ■/■I/■■ ■/■It■■■ 1■.� 111■ ■■■r/■■ ■r■� ■■/�n. ®n�■ 17 1■■■►\■ \ //■■ � ■ �i i �i %■ ■■■■■■ ■■■ ■ "T ■■■■■■ ■i■■■ ■■ ■ \/o®n� ■ u . e a.r cou,r• .oHrA r I � I � tOA,L.PD rM ! r-0••. slat" of we I I !_ s eeM CFQ I i �f— I I3 SOFT ' ' I ! � -9t.S.. � HANDICAPPED PARKING SYMBOL IV I I I DIAMOND SYMBOL v A.r$OfT P BIKE LANE SYMBOL n v b z ! R F- A, "I I ' I I ! HA➢HDP VAaurgaS M O"W.006 if WAY SE ACCEPTED Of THE EWAdLk ITr! ! Y-O•'v slat" i DEP"NOENT or f4a."TAT4% 0*Cm�0 A=,T.SS)TT o.&SSWT A=e.Sscar PAVEMENT MARKINGS .,?o SOir' NUMERALS SYMBOLS AND NUMERALS RAILROAD CROSSING SYMBOL .10 SWT DOES WT MUM THE r.7'.VARIA&E NO SCALE AZ�C W.14&AvERK Ceti • f�41 ■► ■11 1■ 1 1 i i. it ■► tt .. - ' I�di IIJII IIM�!1!I�I ® �{�■�� �11 �I�N ■11� 1 � �l!�� 1't 1 f•J�■III{I`I it■111■li U , l■W■ I�� I IW i ■�owl I 1tt1N � ll 11 lal/ '' ■ttI�I��NIIQ%1,1�®i�111�� I�pNl■■ �1� 1 1■ mil®' ' 1I■'m11 \I■l li■�■■i 1■O 1 ■■1■■ ■1 l J 1 ■1 MI ® / t•/ ■ql �j tl 1 - N■�1 J �;i■ MI M it ®� H Irl� ��Z� 1 ,i''� w/li� r r{'��u■ 'I► 1■it r�u,�l/it,i� ' a�ii® r■ru ie all I �nlrt'�■ilfaat l r°.�i'u ' r i ■ii i �iu' ►��i 1 q 1 16illlYl■111■111■i�� �NIM1 Ilt■1�■1■ IO� � �11 1� � � 11 1 • ►l1�1 ■111■111■ t INI■1 11N1 � 1■1 1 11�11 1 III 1� 1 ■ 1 I 71�1 11■ 11■ �1■®�� 1■ ■ � I�JI��Iif lI �Jt � �11� ■ i1��110�11 �11 1■1 ill � � �'� � � � t �' \` 1� ■�11■1 � t 111�1 I �■■ Oill■� �_��■ �1'�N��� 1� ■� � 1 i l•J l•J 1■i •J�l��i /1 1 I�i�l1/ ■i• 11i1 IN/ 11 1 ddoll 101v�%N 1■1111 �11'�'■11� 'I 1■� ��1Iiloii� 1 ■ '{ � � 11 i�JJl tt 1 IMM IN . 1�1 � � 1� � t�I■111 1 1 � 1 s rw taoulw war IIBIi)ISI7►`If ��utwaly ItNYfdLYlilw w111grIwN/rINH Nikllll�f/tiN ij Innl/oennln ra,fnwrwaNlry r►vlunNl _ y IUNlagill.liw Inr11NN11WrNIN1 INIIIIIIIN�N .r tij. (11Nlilrlilillw Iu111Ng11t1111gIBl IIJ11l1■N r, flwllBltlllwl IrIB111N�wIlrIVJ B�P,llir,iq®1 � • - Igwlskllt{'IINII II�IgNBiwld,/IW IfBllil'llrNll IUIYr1IY11N11 IgNINNiB6111tIW11 Lhllllttl/1® �+�-J� IIIIY'Ill�ilrtlw INYIwIwr1111U1f IBIIIII�YIII IUN'//Ili/11 LVJI1Wfglp'�Ilfr IpJilr!/1�1 IBII�iI//Iw �It�li�l IIN{ 1//Illrll� wnaulpuw v�lwlllwuow>r{ /rsulNnls �::r • CROSSWALK AND LIMIT LINE q.`grO /'-N IN Irl/IwlNllllh`I /� ■IV/Lsee mats 5 t�iIwlNNil Iin/®Iwllnit Ng1�NUNq Irinanr�lnN IC/dl■Nlwl\1 Iw\nNllra? rgnt�lnqutw If1Yl�rwlN� IgnlNruq . rqul nlolnm real Iwt� IDJUNu6W IIJIIBr1lBlliw rauBIpU1N1 J Ita1/1gILY►`1 . • n�/IBIIIBIIIgI Yl{gNIBHInUV wlllglllW W.II I B II IB 111111 Ilikllll®11NI WA 11►'Ir IgIN1►� 1lgJp1 r11NIBlil11111 lYlElwlMliw IBIIIg1Y,q InN[:vJ11Ui 1/Ir11wINY11U I/J11,v111vJ tnNwlwlltw �rrllwnNlllll 1�11®1� IlNlrv�►Jaun wo • © 24 ®© rBRiN11►V INIVJ• wgmnwlrl rwYrrnla► INtiw wn,n tlwk.ot ra>IBltqu•�1 Yrura� ranYr �Iwrle lamaulgl llnnBl Iq rlrr=ngle�=u luwnrint nnnBr Iq�tlnuullNill • uwl nlr� ruiutpr tq=n,r;�t�nlwrl lumrr►nan, nlnlgt tB uu1 nnau IlRull{aUt1 IIIIIIBI IYt1i111111Q111r IWllll#1111 IIrHNI Igr111n111111Y1M ldJi'88111+1i! II,NII,vI LVJiII�lf11U11Yllli P. CAR IT IIrIBgIrY�� IYl1.n11 IiNl1Y�IwINl1/ friielnnr tpll►rr kill lrlrwwh: AW• •FT A:5 SOFT A=22 SOFToccwtod by SILL SIATF of CALFURP" MARKINGS WORDS ► CROSSWALKS The 4WA .. . .. . _ . a, SIGNATUPE PAGE �. P - ;• a 93-104 ks Ch SIGHWURE PAGE r e e • CITY OF CUPERTINO DEPATU14ERT OF PUBLIC WORKS CALL FOR BIDS SRREET MAINTENANCE - S LTW SEAL PRWE= 93-104 BID OPENING TUESDAY JUNE 15, 1993 2:00 P. M. Bert J. Viskovich Director of Public Works City Hall 10300 Torre Ave. Cupertino, CA 95014 File: 98,493.45 TABLE OF CONrfITM CONPRACI DOCUM3,1TS A. 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 Asgard of Contract C. SPECIAL PFMISIONS 1. I_+ocation 2. Scope of Work 3. Traffic Control 4. Maintaining Traffic 5. Notification of Residents 6. Inspection and Inspection Costs 7. Public Comenienoe and Safety 8. Estimated Quantities 9. Explanation of Bid Items 10. Time of Coapletion/Liquidated Damages 11. Water 12. Liquidated Damages for Traffic Striping 13. Preconstruction Meeting 14. Noise Ordinance 15. Surface Preparation 16. Tree Triming 17. Final Cleatnip 18. Payment D. TWiNICAL UPECIFICATIONS 1. Type II Slurry Seal 2. 'Igarary Pavement Markers E. CONIRACT FOR PUBLIC WORKS F. DETAILS UMCE 2 City of Q lm-tim 10300 Torte Avenue Q4ertino, California 95014 The City of Qpertino, Santa Clara County, California, invites sealed proposals fcr the construction of the work as delineated on the Plans and/or in the Specifications, entitled SMW NUN=&= SERL, PRUE= 93-IM. Oontract Doffs, consisting of Notice to Contractors, proposal, Time for Cmpletion, F3timated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form, Signature Form, Standard Specifications, General Provisions, Special Provisions and Plans, Faithful Performance Band, Labor and Material Band, Instwx= Certificates and Contract for Public Narks, may be reviewed and copies of same may be obtained at the office of the City Engineer, City of Qpertino, 10300 Tore Avenue, Cupertino, CA 95014, for a non refundable deposit of $5.00 each. 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 City Clerk, City Hall, City of Cupertino, 10300 Torre Avenue, 04mtino, CA 9501.4, until 2:00 P.M. on J= 15, 2993, at which time they will be publicly opened and the comparative totals read. All proposals or bids shall be I 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 compactent to administer an oath, in double said am%unt and over and above all statutory exemptions. Said cash or check shall be forfeited or said band 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 Enctineer and the Lhit Prices submitted. No incwplete ncr 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 Contractor who is not licensed in aeooaedar�ee with the provisions of Division 3 of Chapter 9, "Cositracts" 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 General Engineering contractor's License. Page 1 of 2 rnc� �o ace (�t3�d1) All bids received will be reported to the City Council of Cupertino within thirty (30) days of receipt, at which time the City Council will review and act upon the bids submitted. Awed, if any, will be made to the responsible bidder whose proposal is most advantageous to the City. The City of Cupertino reserves the rigtit to award the contract to any qualified bidder based on the proposal that is most advantageous to the City. The City also reserves the right to reject any or all bids or to waive any irregularities in the bidding 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 Bond and a Labor and Material Bond as wired in the specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all subcontractors, to pay no less than the general prevailing wage rates to all workers euployed in the execution of the contract as provided for in Section 7-1.01A of the Standard Specifications. Payments to the Contractor will be made in cash by said City upon lion by the Contractor and approval by the Engineer of a proms billing which reflects the value of the work completed. the progress payments made as work progresses will be payments on account and will not be considered as an accepter of any part of the material or workmanship required by the Contract. Pursuant to Section 4590 of the California Government 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 ;,n Section 16430 of the California government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit amounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. It* Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. cn Y OF C�AyIIRTINO • cote: . ty Clerk Published: May 26, 1993 JUne 2, 1993 Page 2 of 2 BID PROPOSAL STREET MAINrENANCE - SLUIPRY SEAL PRJJ= 93-104 TO: THE DER OF PUBLIC WORKS, CITY OF CUPEFMNO, STATE OF CALIFOR IA Dear Sir: In compliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of Cupertino Project 93-104 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all coats including, but not limited to, local, state and federal taxes, and transportation oasts. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for caq:)ariscn 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 complete the Slurry Seal Project, Project 93-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 40 working days. I further understand that I shall pay to the City of Cupertino the sure of One Hundred Fifty Dollars ($150.00) per day, for each and every calendar day's delay beyond the times established in this proposal for each and every portion of the completion process described in the time for completion portion of this proposal. 1. I shall be responsible for providing the City of Cupertino or its agent, striping quantities pertaining to any striping removal and installations, no later than 4:00 P.M. on each calendar day of the project. BID PROPOSAL PILE 1 OF 9 BID PROPOSAL (CONrINUFD) s 2. Within two(2) hours after each street has been slurried or overlaid, I shall be responsible for aomwately locating and installing taWorary canterlines, UA>-way barrier, twa w y left turn lanes, left turn pockets, bike lams, travel lanes, and other striping not solely limited to these pat-term or legends as shown in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D) , A-24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 throgg i 16. If I fail to perform this portion of the job, I shall pay the City of Cupertino the sum Of or* hundred and fifty dollars($150.00) per calendar day for that current day, plus the sum of one hundred and f ifty dollars($150.00) for each and every calendar day the temporary striping remains inlete. 3. No permanent strip rg shall be installed for seven(7) calendar days after the street has been slurried or overlaid not including the day of application. This period of time has been set aside to allow for pavement curing. 4. Permanent Striping shall be installed between the eighth(8th) and the twelfth(12th) calendar days. 5. On the t1iirtP.a..nth(13th) calendar day following the slurry or overlay of each street, I shall be responsible for having completed the installation of the permanent striping All oexrtetlines, two-away barrier, two-way left turn lames, left turn pockets, bike lanes, travel lanes, limit lines (stop bars), legends, sped limits, and other striping not solely limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State of California A20(A,B,C,D) , A 24(A,B,C,D,E) , City Standard Details 2-26 & 2-27, and the Project Plans. Bid Items 3 through 16. If I fail to perform this portion of the job on the thirteenth(13th) calendar day, I shall pay the City of Cupertino the sum of one hundred and fifty dollars($150.00) per day for that day, plus the slug of one hundred and fifty dollars($150.00) for each and every calendar day the permanent traffic striping, markings, and legends remains incomplete. This amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, and sureties shall be liable to the City for any excess. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. Completion of entire project forty(40) working days from Notice to Proceed. E9I'114ATE0 QUMn TrM The bid prices for this project shall be as outlined below Bid Est.Qty. Item Unit Item Unit Prior Total 1. 4,981,887 S.F. Type II Slurry Seal $ .p y Z IS.F. $ 23q Po,N Zcrcv Foa/L T-,,c Per S.F. BID P141310SAL PAGE 2 of 9 BID PROPEL (CONTINUED) Bid Est. Qty. Item Unit Item Unit Price IX tal 2. 3,975 L.F. Remove Traffic Striping $ O /L.F. $ :"2. S State Detail 23 City Detail 13 State Detail 38 State Detail 25 Tyr n:ry e!2,!"S Per L.F. 3. 46 EA Remove and Install Traf€ic Pavement Markers $ 3 .0 0 /FA $ L �:D Per EA 4. 247 EA Remove and Install Blue Pavement Markers $_3 .c D /EA $ 7 4 t . o G na 1 er, b oL...d 11 S Per FA 5. 162 EA. Install Traffic Legends and Arrows $ 2-7.C 0 /EA. $ N ;?;-1.a 0 Stcp Yield Speed (25 & 30) Arrow Per EA 6. 9 EA Install Traffic Legends $ $ 91 Set Stop Ahead SET Slow School. Xing ,�iy�t�vnrBEe3� rwb ,pay-c*1-a.S Per EA 7. 4,075 L.F. Install Painted 1211 White Traffic Striping $ 1 . 10 L.F. $ L4 y �'2- . S-C (�111 t% 1 mac.�A ur t'�N C C-Trr-S Per L.F. S. 1,715 L.F. Install Painted 12" Yellow Traffic Striping $ I. IV /L.F. $ Ae- lt11f C-cyr S Per L.F. 9. 900 L.F Install State Detail 1 $ . $S' /L.F. $ 00 �[ET A ve c-cwjry Per L.F. 10. 1,160 L.F. Install City Detail 1_, $ . Z 0 /L.F. $ z.�2 • ®Q Per L.F. BID PROPOSAL PAGE 3 OF 9 EqrrWW QL1AN['r= (oontimaed) Bid Fst. Qty. Item unit Item Unit Price Total 11. 7,230 L.F. Install City Detail 23C $ •Sp /L.F. $ 3 4 15 .0 C' Per L.F. 12. 1,270 L.F. Install State Detail 25 $ S /L.F. $ C19 r-r z e A U F CcwrS Per L.F. 13. 268 L.F. Install Stag Detail 27B $ .S /L.F. $ i ,• N d A r-T`.( Five" Gc�rS Per L.F. 14. 915 L.F. Install State Detail 38 $ • G Sr /L.F. $ ge�iT; yo fir" C.��•n�5 Per L.F. 15. 172 L.F. Install State Detail 39 $ , =�'S'� /L.F. $ 4• (e 0 Gn� FIvcs CLWr5 Per L.F. 16. 96 L.F. Install Stag Detail 39A $ . �S /L.F. $ SZ . h F FOE- Per L.F. 17. 1 L.S. Traffic Striping Layout $ 25G7 09L.S.$ 'p'w-yt Y Q y a 4 wo Per L.S. TorAL BID $ ALTEM4dT E BID 1. 4,981,887 S.F Latex Modified Slurry Seal $ Z3 I s �5 ^7 . -7 BID P1DPO.AL PAGE 4 OF 9 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without cannction with any person, firm, or caution making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of cortstruction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ 16)®!a , as required by lew and the Notice to Bidders (10% of bid amount) PROPOSAL PAGE 5 OF 9 A. BID DOSS (continued) : BIDDER QUALIFIC ATIM MW In further ccupliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) t 0 How many years has your organization been in business under its present name? (2) 10 How many years experience in work cagmrable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor°s License No. y 39S l , State of California, Classification ,�} • C 3 Z Expiration Date $- >! .9 (4) List work similar in character to that required in the Proposed contract which yakn7 organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount qz CDaN•rY' OF S^o.r My-re-v, !2n GCeCd. g . C-c2yarY sc NarvAnA t LKI co&. Z Clr NkyA jig, cco BID PROPOSAL PAGE 6 OF 9 A. BID DOWERM (Continued) Name of Pry Sub°-Cmtractc s, if arry (Section 4104, Government Code) 1. C-172S/rTzAL ._JTyiWIN S L-nvA4.t- 2. 3. 4. 5. 6. Address if Shop or office of S actors (Section 4104, Goverment Code) 1. 11 35 0 Py217YS ',-JA'e 12ANU4O C-e, a be)Vl-V 2. 3. 4. 5. 6. Work to be Perfor I by Sub-Contractors (Section 4104, GoVernMent Code) 1• fD*7'J7 1 P 1•,)Cry' 2. 3. 4. 5. 6. BID PROPOSAL PAGE 7 OF 9 A. i► •o '•m r•i t .e•' STATE THE FMM NAME AND LISr ME NANES OF ALL INDIVIDUAL OD-PAIMERS COMPOSING THt FIM. IF A RAMON, V' 0 - ME OF cmwaRAMCN, M d' ID. OF PEWMENT, BM• HIV' •i. `.. .y. y p•y. M /'' ►+ iJ' ME CMUWATE SEAL MST BE AFFIXED THE INFM91TICK ••: w 1 a1 3N TfUS BID IS BEIM MADE TYPE OF • du Jointcorporaticn - r i ` other 1'w« •- Name and Signature of Bidder: fee (Signature) Address (Both mailing and location addresses) : 4^ $ .. ` La SM Telephone Number: Date:- Addenclas Received: 11 PMPWAL PAGE 8 OF u NONOOLLUSION A.FFZIA=,,- `M BE EXECUIM BY BIDDER AND SihZE17TED WITH BID State of California ss. County of C--,R„r I A-7-C:`G 4 L LA Ae A • 14 r-ob -YL S cp'-V being first duly sworn, deposes and says that he or st a is pi-;.s/b&-A,'r of / 4sPN.a�,e6,r2 je�c the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, arry undisclosed person, parti ership, colt>pany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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, con-dWed, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agrement, ommamication, 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 interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid prig or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ccupany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: ,Ft�L---anl (Print) (Signature) Date: 0 ... John A. Russell Comm.N990915 /� •NOTARY PUBLIC CAUI;RNIAQ \ SAN MATEO COUNTY rI BID PROPOSAL PAGE 9 OF 9