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00-091 Technology, Engineering, and Construction - City Hall Fuel Tank Replacement, Project 2000-104 Reso 01-016n~.aq~ RESOLUTIOrd NO. 01-016 A RESOLUTION OF THE CITY COUI\~CIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE; ORDER NO. 1 FOR, FUEL TANK REPLACEMENT AT CITY HALI, PROJECT NUMBER 2000-104 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as FUEL TANK REPLACEP~IENT AT CITY HALL, PROJECT NUMBER 2000-104 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 16th day of January, 2001, by the following vote;: Vote Members of the C~ Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Sandra James City Clerk Mayor, City of Cupertino 1 CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS FUEL TANK REIPLACEMENT, CUPERTINO I~ITY HALL PROJECT NUMBER 2000-104 CONTRACT CHANGE ORDER NO. 1 Contractor Technology, Engineering and Construction, Inc. 3S S. Linden South San Francisco, CA 94080 The following changes are hereby approved: 1 A. Install Transition Sump 1B. Fee for Santa Clara Fire Inspection 1 C. Extra work removal of 16" Concrete with rebar 1D. Extra work core drilling 30" thick foo-ling at Bldg. 1 E. Reduce area to replace pavers - CREDIT CREDIT Total Change Order No. 1 Total Project: Original Contract Change Order No. 1 CREDIT Revised Contract $ 154,500.00 (22,130.00) $ 132,370.00 Title ~~ ~~ _2~-~ Date $ 1,722.00 600.00 1,888.00 500.00 26,900.00 $(22,130.00) CITY OF CUPERTINO ~sra c,~c~uus Ralph A. Qualls, Jr. Director of Public Works City Council: January 16, 2001 Resolution No. 01-016 Printed on Recycled Paper City Hall 10300 Torre Avenue ~ Cupertino, CA 95014-3255 (408)777-3354 FAX (408) 777-3333 CUPEYTINO ~~ ci1 PUBLIC WORKS DEPARTMENT SUMMARY AGENDA ITEM % S~ AGENDA DATE January 16, 2001 SUBJECT AND ISSUE Approval of Contract Change Order No. 1 for the Fuel Tank Replacement, at City Hall Project in the amount of $22,130.00 deduction for a total contract amount of $132,370.00. BACKGROUND On August 21, 2000, the Council approved ~i contract with Technology Engineering and Construction Inc. for the Fuel Tank Replacement at City Hall Project in the amount of $154,500.00. A few minor changes and additions have become necessary to complete the project. Most are due to minor unforeseen conditions that would have been difficult to anticipate at the time the construction drawings were completed. These items in CCO #1 include such things <<s installing a transition sump, fees for Santa Clara Fire Inspections, removal of 16" thick concrete with rebar, core drilling 30" thick footing at building, and a credit for reducing the area where pavers were to be replaced. All of the items have a total cost deduction of $22,130.00 that was negotiated with the contractor, and staff believes represents a reasonable price for the work involved. STAFF RECOMMENDATION Staff recommends that the City Council adopt: Resolution No. O 1- m ~ ~ , approving Contract Change Order No. 1 for the Fuel Tank Replacement at City Hall Project in the amount of a $22,130.00 deduction, for a total contract amount of $132,370.00 Submitted by: Approved for submission: ~~.c~l:tc u. us Ralph A. Qualls, Jr. David W. Knapp Director of Public Works City Manager ~ ~! / Printed on Recycled Paper RESOLUTIOr1 NO. O 1-016 A RESOLUTION OF THE CITY COUrICIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGF3 ORDER NO. 1 FOR, FUEL TANK REPLACEMENT AT CITY HALL PROJECT NUMBER 2000-104 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as FUEL TANK REPLACElv1ENT AT CITY HALL, PROJECT NUMBER 2000-104 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 16th day of January, 2001, by the following vote: Vote Members of the City Council AYES NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino ~~Z City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 FUEL TANK REIPLACEMENT, CUPERTINO (~ITY HALL PROJECT NUMBER 2000-104 CONTRACT CHANGE ORDER NO. 1 Contractor Technology, Engineering and Construction, Inc. 35 S. Linden South San Francisco, CA 94080 The following changes are hereby approved: 1 A. Install Transition Sump 1B. Fee for Santa Clara Fire Inspection 1 C. Extra work removal of 16" Concrete with rebar 1D. Extra work core drilling 30" thick footing at Bldg. 1 E. Reduce area to replace pavers - CREI:-IT CREDIT Total Change Order No. 1 Total Project: Original Contract Change Order No. 1 CREDIT Revised Contract CONTRACTOR $ 154,500.00 (22,130.00) $ 132,370.00 DEPARTMENT OF PUBLIC WORKS $ 1,722.00 600.00 1,888.00 500.00 (26,900.00) $(22,130.00) CITY OF CUPERTINO Ralph A. Qualls, Jr. Director of Public Works Title . City Council: January 16, 2001 Date Resolution No. 01-016 i~ =3 City Hall 10300 Torre Avenue ~J Cupertino, CA 95014-3255 Telephone: (408) 777-3223 CITY OF ~ O ~ 0 ~ ~ FAX: (408) 777-3366 C O P E ITT I N O Web Site: www-cupertino.org CITY CLERK'S OFFICE January 23, 2001 Technology, Engineering and Construction, Inc. 35 S. Linden South San Francisco, CA 94080 RE: CONTRACT CHANGE ORDER NO. 1, SErdIOR CENTER, PROJECT 2000-104 At the meeting of January 16, 2001, the Cupertino City Council approved change order number 1 for the above-stated project in the credit amount of $(22,130.00) (Resolution No. 01-016). In agreement, please sign the enclosed change order and return in the self-addressed envelope. If there are questions, contact the Public Works Department at 777-3354. Sincerely, Marie Preston, Administrative Clerk enclosure cc: Public Works Finance Printed on Recycled Paper RESOLUTIOr1 NO.01-016 A RESOLUTION OF THE CITY COUrfCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE; ORDER NO. 1 FOR, FUEL TANK REPLACEMENT AT CITY HALL, PROJECT NUMBER 2000-104 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by th~~ Director of Public Works and this day presented to this Council, be, and it hereby approved in conjun~~tion with the project known as FUEL TANK REPLACEI\~IENT AT CITY HALL, PROJECT NUMBER 2000-104 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 16th day of January, 2001, by the following vote: Vote Members of the C~ Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRGVED: /s/Kimberly Smith /s/Sandra James City Clerk Mayor, City of Cupertino ~~ 1 CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS FUEL TANK REPLACEMENT, CUPERTINO CITY HALL PROJECT NUMBER 2000-104 CONTRACT CHANGE ORDER NO. 1 Contractor Technology, Engineering and Construction, Inc. 35 S. Linden South San Francisco, CA 94080 The following changes are hereby approved: 1 A. Install Transition Sump 1B. Fee for Santa Clara Fire Inspection 1 C. Extra work removal of 16" Concrete with rebar 1D. Extra work core drilling 30" thick footing at Bldg. lE. Reduce area to replace pavers -CREDIT CREDIT Total Change Order No. 1 Total Project: Original Contract Change Order No. 1 CREDIT Revised Contract CONTRACTOR $ 1,722.00 600.00 1,888.00 500.00 26,900.00 $(22,130.00) CITY OF CUPERTINO ~~ra c,Gc.~.uus Ralph A. Qualls, Jr. Director of Public Works Title City Council: January 16, 2001 Date Resolution No. 01-616 $ 154,500.00 (22,130.00) $ 132,370.00 Printed on RecyclE~d Paper G~ ~~ ~ E. CONTRACT FOR. PUBLIC WORKS This CONTRACT made on SeP7EtirBE~2.- iii ~ooo by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and TECHNOLOGY. ENGINEERING. AND CONSTRUCTION, INI~•, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standazd Specifications, General Provisions an~i Special Provisions. c. Plans and Specifications for FUEL TANK REPLACEMENT. PROJECT 2000-104 d. Faithful Performance Bond and Materials Bondl. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents aze intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials nece;~sary to perform and complete in a good and working order, the work of FUEL TANK REPLACEMENT. PROJECT 2000-104. 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, FUEL TANK REPLACEMENT., CITY OF CUPERTINO CITY HALL. PROJECT 2000-104 and which Plans and Specifications aze identified by the signatures of the parties to this Contract. It is understood and <<greed 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. Contract Page ~l of 7 CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $154,500.00 (ONE HUNDRED FIFTY FOUR THOUSAND AND FIVE HUNDRED DOLLARS AND NO CENTSI subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT ]FOR WORK. Should any dispute arise respecting the true value of the work done, or ;any work omitted, or any extra work which CONTRACTOR may be required to do, o:r 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, or in accordance with the agreement oi.'the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by lave, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONT]EZACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up ~~vithout timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and 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 ~~ontract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be madc; except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAI. REQUIItEMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. Contract Page ~! of 7 CONTRACTOR shall be paid for such change~~ either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any; for such termination, amendmer-t or modification, shall be determined either by reference to the Unit Price bid, if applicable, thc; Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or l;~y delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR I1vSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general. assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S :>urety 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, t}ie 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 s~.~rety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform t:he Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion ley contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to C:[TY for any excess cost occasioned by CITY thereby, and in such event CITY may, without li~~bility for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Contract Page 3 of 7 13. THE CITY'S RIGHT TO WITHHOILD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished. in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR. for any payment made in good faith. Such payment may be made without prior judicial deternunation of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY' S Notice to Contractors. 14. .NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of su~~h party. Any such notice shall not be effective for any purpose whatsoever unless served in the fallowing manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR' S duly authorized representative pit the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, TECHNOLOGY, ENGINEERING, AND CONSTRUCTION INC., 35 S. LINDEN, S. SAN FRANCISCO, ~~}08~0 CA postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case: may be, at the address of CONTRACTOR' S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be ;assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process ar article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 7 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and lmployer'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 subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR make;~ the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILIT~~' FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for amp damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said ~~uilding, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all material;, 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 autY~orized 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 airy defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Pagc: 5 of 7 P.O. No. 21. DEFERRED ALTERNATE SELECTIOrT. The City reserves the right for the term of the Contract, the deferred selection of none, any c>r 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. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: - Mayor -y / Attest: ~~~`/~ v ''~`'~City Clerk 1 ~ r Date: ~~ %~' _ , 20 ;, APPROVED AS TO CONTRACTOR: iFru,~d~oC~' ENC~ ~~1~~2~n1G 5 ~ ~ . ~ ~, Bv: fd.Q ~ Gl...~11~. Pc e~~ 1.e.~,, t . Notary acknowledgment is required. If n corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # 61433 1 S3'1'-F Federal Tax I.D. # Contractor's License No. 7 ~Z d 3 y- City Attorney Project Name & Number: Fuel Tank Replacement, City of Cupertino City Hall, Project 2000-104 Contractor's Name & Address: Technology, Engineering, and Construction, Inc. 35 S. Linden S. San Francisco., Ca- ~~}--0 8 0 Contract Amount: $154,500.00 Account Number: 110-8501-9300 File No: 92,004.9 Contract Page 6 of 7 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PF:OVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance -must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker':; compensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - rnust be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Contract P;rge 7 of 7 INSURANCE AGREEMENT A. Contractor is aware of the provisions of Sec;tion 3700 of the Labor Code, which requires every employer to be insured against liability foi• worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will cant' worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's 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 mu;~t 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 carver and policy and that the insurance is in force and will nat be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the F~rovisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a compa~iy admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 Public Liability -either commercial general liability Combined single limit of $1.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. I~GFIntOtAG`( ~tJCiin1GC2~1~G ~ Con157~JCT~on/ (Contractor's Name) i aJ C Combined single limit of $1.0 million per occurrence. gy, ~"~ '"~e.~ Dated: ~(1 G-, 2`~' 20 of Insurance Agreement Page 2 of 2 ISSUE DATE (MMrDDrYr) a1:~-I:I-® CERTiFICAT~ OF INSUR~~NCE 08/25/200.0 __ ____ ~~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Andreini & CO License 0208825 DOES NCIT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE - 2 2 0 West 2 0th Ave . POLICIES BELOW. San Mateo, CA 94403 COMPANIES AFFORDING COVERAGE (650)573-1111 Fax (650)378-4361 INSURED TECHNOLOGY ENGINEERING & CONS- TRUCTION INC dba:TEC Accutite 35 SO. LINDEN AVE. SO. SAN FRANCISCO, CA 94080 LETTERNY C FREMONT COMPENSATION COMPANY D LETTER COMPANY E LETTER COVERAGES THiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEI.N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANl CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TD ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ' TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION ~ LIMA'S LTR: - DAl'E (MM/DDA'Y) DATE (MM/DD/YY) A' GENERAL LIABILITY j ~{ I COMMERCIAL GENERAL LIABILITY _: 9350001 ' CLAIMS MADE X OCCUR. OWNER'S 8 CONTRACTOR'S PR07. XLPOLL. LIAB. ' GENERAL AGGREGATE $rj , 0 0 0, O O O ___. :. PRODUCTS-COMP/OP AGG. $rj , 0 0 0, O O O 0 7 /01 /0 O 0 7/ 0 1/ 0 1 PERSONAL a ADV. INJURY $ 5, 0 0 0, 0 0 0 ' ' EACH OCCURRENCE $ 5, 0 0 0, O O O FIRE DAMAGE (Any one fire) $ 5 O , O O O __ _. MED. EXPENSE (Any one person) $ 5 , 0 O O AUTOMOBILE LIABILITY - COMBINED SINGLE : uMiT $ 1, 000, OOO $ X ', ANY AUTO CCP 601603-01 ALL OWNED AUTOS O 7 /O 1 /O O O 7/ O 1/ O 1' BODILY INJURY !(Per person) $ - (SCHEDULED AUTOS ' :HIRED AUTOS 'BODILY INJURY $ - - _ (Per accident) - NON-OWNED AUTOS '. '. GARAGE LIABILITY ____., 'PROPERTY DAMAGE $ EXCESS LIABILITY ;EACH OCCURRENCE $ 5, 0 0 0, O O O p, g ;UMBRELLA FORM 9350002 0 7 /01 /0 O 0 7/ 0 1/ 01' AGGREGATE $ 5, 0 0 0, 0 0 0 :OTHER THAN UMBRELLA FORM ~ ' _. __ ___. .. ...._ ..._ _.. X STATUTORY LIMITS WORKER'S COMPENSATION wNesa~3asa-ol ~' '10 /O 1 /9 9 1 O/ O 1/ O O' EACH ACCIDENT $ 1, O O O, O O O AND '. 'DISEASE -POLICY LIMIT $ 1, O O O, O O O EMPLOYERS' LIABILITY - ~ DISEASE -EACH EMPLOYEE $ 1 , O O O , O O O orHER A! PROFESSIONAL 9350001 ' 107 /O1/00 07/ O1/ Ol EACH LOSS 5, 000, 000 ILITY 'CLAIMS MADE LIAB DESCRIPTION OF OPERATIONS/LOCATK)NS/VEHICLES/SPECIAL ITEMS RE: FUEL TANK REPLACEMENT - PROJECT ~#2000-104 30 DAYS CANCELLATION EXCEPT WITH RES]?ECT TO NON-PAY WHICH IS 10 DAYS. ''CE>aTIFFCATE HQLI3ER CANCE':.LATION SHOU_D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ' MAIL 3 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CUPERTINO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1 0 3 0 0 TORRE AVE . AUTHORIZED REPRESEN~ATIYE / _ ~ CUPERT INO CA 9 5 014 ~~ ' ! ~7 /_ , , ~ ~, ~ ACf?RD 25.-5 (T-!9D} ~~C~ACbflD GOF~PflRAT10N 1380 LETTER Y A AMERICAN INT' L SPECIALTY - ~°~R Y B GOLDEN EAGLE INSURANCE CORP . AUG-24-2000 14 21 A'-?EINI & CO. h F1U'9 , : F'ar+asoni c PPF 650 378 4361 P.02i03 ADDITIONAL INSURED ENDORSEII~NT In wnsiderativn o~'the policy premium ~md notwithstanding any inconsistent statement in the policy to wi~ielr this Pudorsaneat is attached or any- other Ettdorsemem attached thereto, it is agreed as follows: The City of Cupertino ('"City"} and its directors, o~cerS, eagiaeers, agerrts sad employees, and alY public agencies ~ whom permits v~rill be obtained and their directors, offices, engineers, agents and employees are hereby declared tee be additional ius~ueda wider the terms of this pokey, but only with respect tQ the operations of tl~e Contractor at ar upon any o#'thc premises of the City in connection with the Contact with th+~ City, or acts or emissions of the additional insureds is conaectioet with, but limited to its general supervision or inspection of said operations. POLICY II~ORMATION t`'"' - n, ~--r, .~ t . r ~ ° ~ . . 1. Insurance Company:, 2. Ltsuranee policy Number:, C 3 • E$~ctive Date of this Endorsement: ' ~ ' ~' -1 20~, A 4. Lnaued: a.e~ ,.: (/ ., ~ ~-- ~ C All notices herein provided to be given try the Insurance Company to the City in connection with this policy sad this Additional Insured Eadozsetaeut, shall be mailed to ar delivered to the G~ty at 10300 Torre Avenue; Gbpertino, Cmli:Fornia 9501x. ~ ~~\ \ C. QQ~ C ~ c~ `(pritttltype Hawse} warrant that• Y have authority to bind the below listed Inswance Company amd by mY~ signatui~ hereon do so bind this Comparry. Signa~teue of Authorizes Represer:tative: ,, ~_~ ~,, , (Original signattuc required oa all BnFt`o' emertss furnished is ~`~ ~.~. ,~ s ,r. ,r,. y. I~~ 'r`" rTames of ~~``: „~~ ._,~ Agent/Agency:~~ ~oc~ c~-e c,,,~c~y~ ~j~,.~ '1 rtle: ~ ~ ;~° o ~ce~7 ~- 3~ ? ~~'. Address: a~e~,~.h~. ~~~.~S~.~S~'elephont: ~~S `~ 1$~- .;.,. ~. '~c~ 1,~ ~~-.~ZS~ ;~_ Facsimile: a~S ~°1~ -l~~o „'_ Cert~fcau of Yasuranee page Z a~ 2 AUG-24-2000 14.21 A~'~QEINI & CO. FROf1 Pana9on f c PPF 650 3'78 4361 P.03i03 IgNriOYtSEMEN7 OF ~'RYMAYZ`Y ~ISURANCE Iri consideration of tht policy preafiura and notwithstanding asry inconsistent state:aemt in the policy to which this Endorsement is attached or any othtr Endorsemart attachtd therdo, it ~is agreed as follows: . The irsuran~ce afforded by this policy is prunary insurance, and Ao additional insurance' old or owned by the designated additional insureds) shall be called upon to cover a loss vender said additional povcy. ~ ~ ~eoaw~cx nv~o~-Tior~ I. Yasurance Company 2. Insurance Polity Dumber. ~5 'U U 3. Effective date of this Er~dorsemtiit; `"~ - 20 ~O ., ~... All notices, hereitt provided to be given by the Ynsurance Company to the City in toanection with thus policy sad this Additional Insured ~adorsemeut, ahatl be mailed to or delivered Lo the City at I0308 Torn Avemle; Cupertino. California 9SOI4. Y, ~ ~\~ C. , QO warrant that ~I have aetthority to hereon do ao bind this Company. Cl the below listed Insurance Signature of Authorized Reptesentadv (Original signature zequircd on Name of (prirnltype name) . and by ray signature ~cT~~ sin fiuaished to the District] Address: ~ ~o~ b~ ~0.AX S.»~ Primary Fndorsemeot .Page 2 of 1 E} ~p ~ ~ ~~?`'•~ t~ t'`' ~ _ '$ ~t! Z p: p: .-~ p (l 1 f • ,r .. A 'Iitle:~~~:c~_Q ~' C e~ .. Tc2cphoee:~ c' ~` Facsimile: ~ `,~ ,~~,~ 4' TOTAL P.03 nuu. ~..+. cc,cJC~ c. , i ~+ FROM.: Panasonic PPF ADDITIONAY, INSURED ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent 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 dir~;ctors, 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 under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general suF~ervision or ins ection of said operations. d ~~,~,~ r ~.~ ~e ~ 1au:w~~~~f' - ~-~, ~ e~`-f- `~ ~ coo %-~~y ~'e ~ ~ ~ POLICY INFORMATION ~` ` , ,~^ E 1. Insurance Company: ~y~~ C c~ , i :t.;, 2. Insurance Policy Number:~~ Q ~ - C~ 3. Effective Date of this Endorsement: ~~ ~C~ 20 ~ "`' ' j~ .~.x' 4. Inswed:~~ ~' lil i') ~3 ~ D C~' U ~i~ ir,; -~--~ P_/' ~~ e~ !i ~~ 1 .-m~ C~~r a r+~~~~•h~, 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; Cu/pertino~Califonua 95014. I, ~f 1' ~'t~f Gt. ~ ' 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. Signatwe of Authorized Representative:~i ~ -U ~~/°~~ ~'- C~-f:~ (Original signature required oa all Endorsements furnished to the District) Names of ~ ' ' Agent/Agency r1 ~'~ ~2 ~'1 1 ~ L i ~i~ ~ rr~~ ~ Title: OU ~ t ~ ~ ~ (~ i ;' ~ t' ~--~ -~ Address: ~~~ ~ ~iV, :,` CJ I ~ ~` , ~~ , Telepho ''v v; ~ ~ ~ ' ; j ~~ r~ ~U-7+._, ~~ ~.~~C~ ~~_~ Facsimile: ~' ~ Ll ` ,_.i ~ ~ ' ~ ~~ ~f'1 C Certificate of Insurance Page 2 of 2 AUG. 23. 2000 2:48PM P B FRGM ': Panasonic PPF WAIVER OF SIIBROGA7'ION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and notwithstanding any inconsistent 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 insuranre as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of arty payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: FRENIONT L'~IIVSATI~N IN TRANC'E' „ 2. Insurance Policy Number: wN99-87 a~R-m 3. Effective Date of this Endorsement: AUG m a F 20~-'i 4• ~~~~ ~GLOGY INGII`~EERING & CONS7.'RUCTInN l1~un 1 arrR~.nTrnc All notices herein provided to be given by the ]nsurance 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, LYNNE O' CONNELL (ptlIltftype 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 Er Names of Agent/Agency: ADIDREINI & COMPANY furnished to the District) Address: 22o w. 2oTx AVENUE SAN MATEO, CA 94402 u p. Title: ~ Telephone: 650) 573_I~,_~_____ Facsimile: (650) 378-4361. ; Subrogation Endarsemenr P~~ge 1 of 1 BOND ~~SUR 36-31289 PREMIUM: $3,318.00/TERM FAITHFUL PERFOR.NIiANC>~ BOND KNOW ALL MEN BY THESE 1'RESBNT: TI-IAT WE, TECHNOLOGY, ENGINEER:CNG & CONSTRUCTION, INC. DBA: ~ Principal, (cot-tractor's name) ACCUTITE atld AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY as Surety, (bonding compam~'s name) are held and firmly bound unto the City of iwupertino, State of California, in the sum of ONE HUNDRED FIFTY FOUR THOUSAND FIVE HUZIDRED AND NO/100--($154 500 00)--- lavVfitl money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated 20 writh the obligee to do and perform the following work to- wit: FUEL TANK REPLACEMENT, PROJECT 2000-]04 NOW, THEREFORE, if the said principal shall welt and truly perform the work contracted to be performed under said contract, then this obligation shall be void; othe~twise to remain in full force and effect. IN WITNESS WHEREOF, this instrumer.~t has been duly executed by Principal and Surety this 24th day of AUGUST , 20.00 , (To be signed by Principal and Surety, Notary acknowledgment required) By: .A, rBA~s Attorney-In-Fact The above bond is accepted and approved this __day of , 20 Faithful Performance Page 1 of 1 AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY Surety Street Address: 1 LIBERTY PLAZA 30th FLOOR City, State,lZip NEW YORK, NY 10006 BOND 4~SUR 36-31289 PREMIUM: INCLUDED LABOR A1~TD MA':CERIAL BO1~D KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. DBA: ACCUTIT 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 FUEL TANK REPLACEMENT, PROJECT 2000-104 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 sand Principal, or any of his or lti; subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams ~~sed in, upon, for or about the performance of work contracted to be done, or for any work or labor done thereon of a.ny kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; TECHNOLOGY, ENGINEERING & NOW, THEREFORE, WE, CONSTRUCTIOV, INC. DBA: ACCUTITE as Principal, (conl:ractor's name) and AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all ma~terialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the 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 ONE HUNDRED FIFTY FOUR THOUSAND FIVE HUNDRED AND NO/ 100-- . ($154,500.00) THE CONDITION OF TICS OBLIGAT:dON YS 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 o£ any kind, or for amounts due under the Unemployment Insurti.nce Act with respect to such work or labor, or any and alt damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court- This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this band. Labor and Material Page 1 of 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accornpanying 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 cir to the work or to the specifications. IN WITNESS WHEREOF, tlus instrument. has been duly executed by Principal and Surety this 24th day of AUGUST , 20 00. (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR TECHNOLOGY, ENGINEERING & CONSTRUCTION, :CNC. DBA: TIT Principal AMERICAN GUARANTEE AND LIABILITY Surety Street Address: 1 LIBERTY PLAZA 30th City, State, Zip NEW YORK, NY 10006 By: A.~~B1~SS- Attorney-In-Fact The above bond is accepted and approved this ~~day of , 20 INSURANCE COMPANY FLOOR Labor and Material F'age 2 of 2 CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California ss. County of San Francisco On August 24, 2000 ,before me, Cec.ily M. Gipson, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared R.A. Bass Name(s) of Signer(s) ~: personally known to me C proved to me on the basis of satisfactory e~ridence to be the persons whose name(s~ is/sue s(abscribed to the within instrument and _ acknowledged to me that he/sixedtt~r executed '' CECILY M. GIPSO q the same in his/t~r~t~e~ authorized U coM+w, t: ~~~~ ~ capacity>iles), and that by his/i~erdttt~x ~ v = NOTARI'PUBIIC-CALIFOR~NA~ signature(s) on the instrument the person, or City i Courtly of San Ftanciaco Q N COMIM.F~(P.AUG.6,2004 ~ the entity upon behalf of which the person(s) acted, executed the instrument. V~'IT E3S y hand d official seal. Place Notary Seal Above Signat a of N ary Public OPTIONAL Though the information be/ow is not required by law, it m,3y prove valuable to persons relying on the document and could prevent fraudulent removal and reaCachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material Bond /~SUR 36-31289 Document Date: August 24, 2000 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: R.A. Bass ^ Individual • Top of thumb here ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ General ~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: American Guarantee and Liability Insurance Company ©1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 oa~s~er,~ BID PROPOSAL FUEL TANK REPLACEMENT PROJECT 1d0. 2000-104 TO: THE DIRECTOR OF PUBLIC WORKS, CI7Y OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the plans and specification, furnished for the work of the FUEL TANK REPLACEMENT PROJECT NO. 2000-104 in the city of Cupertino, I, the undersigned, hereb declare that I have read the proposal requi-ement, 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, bein 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 arty 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 an qualified bidder based on the most advantageous I~roposal, 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 FUEL T,9NK REPLACEMENT PROJECT 2000-104 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the ~~ork to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of Two Thousand Dollars ($2,000.00) per day, for each and every day services are not completed as scheduled and/or specified. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. rhn nn r~.-,-.-. ` i ESTIMATED QUANTITIES Bid Est.Qty. Unit Item Unit Item Price Total 1. 1 LS Tree Protection $ ~r~ lf'~ /LS DO $ ( Per LS ~ 2. 1 LS Site Demolition Per LS 3. 160 CY Excavation $ ~ r /CY $ Z~ ~ L c- Per CY ~i 4. 1 LS Remove Underground Tank :md Piping Per LS 5. 80 CY Backfill Per CY ~---~ 6. 80 CY Imported Backfill $ 3 ' ~ /CY $ Z v ~' 0 - Per CY 7. 2350 SF Interlocking Paving Stone Per SF 8. 1 LS Misc. Mechanical Systems o 3 r e _ $ r U /LS $ 3 r, o 00 Per LS 9. 1 LS Underground Fuel Storage T<<nk v ~ Per LS 10, 1 LS Day Tank System $ ~ r ~ ~~ /LS ~ ~~ Q vv Per LS RTT) PR~P~c nt a ~nr ~ ~G o Bid Est.Qty. Item Unit Item 11. 1 LS Leak Detection and Passive Inventory Fuel Access Systern Per LS 12. 1 LS Electrical System Per LS Unit Price Total $ RUC /LS $ ~ ~ C a - $_~~©CU ~S $ ~~Co~ - --__ TOTAL BID $ 1 ~~ ~ 0 ~ - RPP PRrIOnC ~ r n q r~r , r.,- „ I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City i of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ ~U ~ "'_, as required by law and the Notice to Bidders. (10% c-f bid amount) BID PROPOSAL PAGE 4 OF 9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose and say that I am /1 ~/~ y ii. /v1.4 ~~)Y-~ V C fnvS~l.s'/~N~ ~\G~~(, ~L lt~~(~:~1n1 C(''~T` (Business Title) (Business Name) the party making the foregoing bid, that the bid is plot made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or <<rlyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statement: contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BID PROPOSAL PAGE 5 OF 9 BIDDER QUALII~ICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for y years, Our experience in work comparable with that required by the proposal contract is years operating under the following different name(s). 1v ~~ ti ~ My California Contractor's License Number is ~" ~ ~- ~' ~ `~ The classification of my Contractor's License is ~ ~ ~l•~- 7r The expiration date for my Contractor's License is_ ' _ Z o L • f/3p/a.oU / (This Section for City use only) The above information has been verified by on_ T Contractors State License Board (800) 321-2752 or (408) 2771244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. BID PROPOSAL PAGE 6 OF 9 BIDDER HISTO:ItY OF WORK The following is an example of work similar in ch~Iracter to that required in the proposed contract which our organization or personnel in our organszation has completed within the past three (3) years. For Whom Contact Year Location T ype of Work Performed Phone No. Amount C C r- S-S ~- c ~,~ t t I SD / ~~ ~- ''~ l TG~. ~ IJZO lc~L c~~~t?~~- BID PROPOSAL PAGE ? OF 9 r SUBCONTRAC"fOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to mire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications f or this project by the bidder. 1. Name ~ .S <r ~i ~ P ~ f ~ ~ c, Address ~ ~" ~-I ~ ~ ~- ~`T-2 F_ ~ -~ . ~./ Q-~ i ~ ~ T ~: Work to be Performed ~ < < ~ ~-r ```' 2. Name ~ Q/~ N ~2 Address Work to be Performed 3. Name Address Work to be Performed 4. Name Address Work to be Performed 5. Name Address Work to be Performed 6. Name Address Work to be Performed ~~~s~ ~-~~ - ~~6~ BID PROPOSAL PAGE 8 OF 9 BIDDER' S SIGNA-TLTRE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAI\~ OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETAR'~-TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO TEIIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINES/S TYP/E. TYPE OF NAME OF ~ ~ , BUSINESS ~ ~?- P BUSINESS G"L~ Cow ; ~-r_~~-co ~ CORPORATION: CO-PARTNERSHIP: INDIVIDUAL: JOINT VENTURE: OTHER: Ci1/l. /l J ~ J G]~ y / ~/1 Gy l ~L C~ ~ : L „ G~ ~ O ~i s T /~ ,- ~/~ v/l ~ ~ ~1 L (Describe) n r f Bidder ' ~ ~ ~`~ G~~ N ~ 1 ~ ~ ~ ~~ Name and SIg atu (Print or type name) Date: Address (mailing & location) ~ ~ <; L~ n/ Q ~N 6 ~ ` ~~ - ~f S 1 ~ a- ~ ~' cps °~ ~~ s i Telephone Number: (~ Acknowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 BID PROPOSE~L. PAGE 9 OF 9 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 15573586 111111111111111111111111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City 00 -Oq1 Titles:l / Pages Fees....* No Fees Taxes... Copies.. AMT PAID (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION CITY HALL FUEL TANK REPLACEMENT, PROJECT NO. 2000-104 RDE # 006 2/27/2001 2:56 PM Original C3 For Fast Endorsement 3 CITY OF CUPEkTINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION NOTICE OF ACCEPTANCE OF COMPLETION CITY HALL FUEL TANK REPLACEMENT, PROJECT 2000-104 NOTICE IS HEREBY GIVEN THAT 1, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the contract for doing which was entered into by and between the City of Cupertino and Technology, Engineering and Construction, Inc., DBA TEC-Accutite on September 11, 2000, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on January 16, 2001. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. February 27, 2001 JL4 a us dw Director of Public Works and City Engineer of the City of Cupertino Printed on Recycled Paper 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 the 27th day of February, 2001 at Cupertino, California. Deputy City Clerk City Clerk's Office City of Cupertino