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Project No. 2011 -03
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DOCUMENT 00520��
CONTRACT
THIS CONTRACT, dated this _ day of 2011 , by and between
[Name of Contractorl whose place of business is located at
[Address of
Contractor] ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California
( "City") acting under and by virtue of the authority vested in the City by the laws of the State of California.
WHEREAS, City, on the day of , 2011 awarded to Contractor the following
Project:
PROJECT NUMBER 2011 -03
2011 CONTRACTUAL CROSSING GUARD SERVICES
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City
agree as follows:
ARTICLE 1. WORK
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the
Specifications and all other terms and conditions of the Contract Documents.
ARTICLE 2. AGENCY AND NOTICES TO CITY
2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized
Representative(s), who will represent City in performing City's duties and responsibilities and exercising
City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's
Authorized Representative(s), or delegate one or more specific functions to one or more specific City's
Representatives, including without limitation engineering, architectural, inspection and general administrative
functions, at any time with notice and without liability to Contractor. Each City's Representative is the
beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative
at:
10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES
3.1 Contract Time
The Contract Time will commence to run on the dab: indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work
at the Site prior to the date on which the Contract Time commences to run.
With satisfactory performance by the contractor, the term of this agreement shall be two (2) years from the
start date of the agreement. The City shall retain the option to extend the term of the agreement for an
additional two (2) years, for a possible total of ten years. Contractor performance will be documented
weekly by the Street/ Fleet Supervisor, with deficiencies communicated to the contractor. An annual
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
review of contractor performance will be completed by March 31" of each year. Satisfactory performance
will be achieved if annual liquidated damages are less; than $1,500 for missed crossing guard events and
$200 for improper staging of pedestrian flow.
Any such renewal after the first two years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain
the same provisions as the original agreement, including an increase or decrease in compensation paid to
the Contractor. Any increase or decrease in the previous contract price shall be based on the annual
percentage change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made.
The CPI shall be the San Francisco /Oakland/San Jose Consumer Price Index for all urban wage earners.
There will be no CPI adjustment during the first one -year term of the agreement.
At the end of the initial twelve months of the contract period, and each anniversary thereafter for the
duration of the contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in
direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for
June San Francisco /Oakland/San Jose area for all urban wage earners shall be used.
The City shall have the authority to suspend this agreement, wholly or in part, for such period as deems
necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any
provisions of this agreement.
3.2 Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial
loss in the form of contract administration expenses ;such as project management and consultant expenses),
if all or any part of the Work is not completed within the times specified above, plus any extensions thereof
allowed in accordance with the Contract Documents. Consistent with Document 00700 (General
Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or
extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion
of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay
Contractor shall pay City:
3.2.1 $500 for each and every day that services are not completed on time and/or designated crosswalk
areas are omitted.
3.2.2 $50 for each event where it is observed over a 30 minute time period that the crossing guard is not
properly staging pedestrians in a manner consistent with these contract documents.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss
of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute
facilities, or damages suffered by others who then seek to recover their damages from City (for example,
delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof.
ARTICLE 4. CONTRACT SUM
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract
Documents as set forth in Contractor's Bid, attached. hereto: See Exhibit "A" attached
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
ARTICLE 5. CONTRACTOR "s REPRESENTATIONS
In order to induce City to enter into this Contract. Contractor makes the following representations and
warranties:
5.1 Contractor has toured the City streets and has examined thoroughly and understood the nature and extent of
the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local
conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress,
performance or furnishing of Work or which relate to any aspect of the means, methods, techniques,
sequences or procedures of crossing guards to be employed by Contractor and safety precautions and
programs incident thereto.
5.2 Contractor has conducted or obtained and has understood all such examinations, investigations,
explorations, tests, reports and studies and all other physical conditions at or contiguous to the Site or
otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers
necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically the
provisions of Document 00700 (General Conditions); and no additional examinations, investigations,
explorations, tests, reports, studies or similar information or data are or will be required by Contractor for
such purposes.
5.3 Contractor has correlated its knowledge and the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
5.4 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it
has discovered in or among the Contract Documents and actual conditions and the written resolution thereof
through Addenda issued by City is acceptable to Contractor.
5.5 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified
to conduct business in the State of California.
5.6 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a
default under any instrument, contract, order or decree binding on Contractor.
5.7 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public
Contracting Code §4100 et seq. in document 00340 ,Subcontractors List)
ARTICLE 6. CONTRACT DOCUMENTS
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00455 Insurance
Document 00460 Schedule of Crossing Guard Services Equipment
Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
Document 00550 Notice to Proceed
Document 00610 Performance Bond
Document 00650 Agreement and Release o F Any and All Claims
Document 00700 General Conditions
Document 00800 Special Conditions
Addenda(s)
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document
00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information
supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified
or supplemented as provided in Document 00700 (General Conditions).
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the
meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City
or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a contract or a subcontract to supply goods, services or materials, Contractor or
Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all
causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services or materials pursuant to the contract or the subcontract.
This assignment shall be made and become effective at the time City tenders final payment to Contractor,
without further acknowledgment by the parties.
7.6 Should any part, term or provision of this Contract or any of the Contract Documents, or any document
required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all
remaining parts, terms and provisions shall remain in full force and effect and shall in no way be
invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or
unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract
Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise included in the
Contract Documents is required to be included by any applicable law, that provision is deemed included
herein by this reference(or, if such provision is required to be included in any particular portion of the
Contract Documents, that provision is deemed included in that portion).
7.7 This Contract and the Contract Documents shall be deemed to have been entered into in the County of
Santa Clara, State of California, and governed in all respects by California law (excluding choice of law
rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both
parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to
transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor
accepts the Claims Procedure in Document 00700, Article 12, established under the California Government
Code, Title 1, Division 3.6, Part 3, Chapter 5.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State
and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition,
the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management
and Budget Circular A -87. The Contractor agrees that a reference to either Office of Management and
Budget (OMB) Circular A -87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is
applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above
written.
2011 CONTRACTUAL CROSSING GUARD SERVICES
CITY:
CITY OF CUPERTINO, a Municipal Corporation of
the State of California
Attest:
CONTRACTOR:
_Contractor's name_]
By:
[Signature]
[Please print name here]
City Clerk: Kimberly Smith
Approved as to form by City Attorney:
Title:
[If Corporation: Chairman, President, or Vice President]
City Attorney:
I hereby certify, under penalty of perjury, that David W.
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City
of Cupertino by a majority vote of the City Council on:
Dated:
David W. Knapp, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
State Contractor's License No. Classification
Expiration Date
Taxpayer ID No.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
Name: Roger S. Lee Name:
Title: Assistant Director of Public Works Title:
Address: 10555 Mary Ave., Cupertino, CA 95014 Address:
Phone: 408 - 777 -3269
Facsimile: 408-777-3399
AMOUNT: $
ACCOUNT NUMBERS:
FILE NO.:
Phone:
Facsimile:
NOTARY ACKNOLEDGEMENT IS
REQUIRED. IF A CORPORATION,
CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND
FEDERAL TAX ID ARE REQUIRED. IF NOT A
CORPORATION SOCIAL SECURITY NO. IS
REQUIRED
END OF DOCUMENT
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
DOCUMENT 00530
INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED 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 Additional Insured and Primary Insurance and Notice of Cancellation -
must be signed by the insurance agent for general liability and automobile liability only.
4. 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.
5. Waiver of subrogation endorsement worker's compensation insurance - must be signed
by the insurance agent for worker's compensation only.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to
be insured against liability for 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 carry 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 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 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 or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepELres or delivers materials to the site, Contractor shall
furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall
provide the name and policy number of each carrier and policy and that the insurance is in force and will
not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain
all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The
requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification
of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding
nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract:, the following insurance in amounts not less than the
amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise
acceptable to the City.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
LIMITS
Worker's Compensation In accordance with the Worker's Compensation
& Employers' Liability Act of the State of California — Worker's comp
"statutory" per CA Law; Employers' Liability
$1,000,000 per occurrence.
General Liability - commercial general liability; including Combined single limit of $2.0 million per
provisions for contractual liability, personal injury, occurrence; $4.0 million in the aggregate
independent contractors and products — completed operations
hazard.
Automobile Liability - comprehensive covering owned, non- Combined single limit of $1.0 million per
owned and hired automobiles. occurrence.
(Contractor's Name)
0
Dated:
20
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
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 /products insured (show contract name and/or number, if any):
WORKER'S COMPENSATION * Statutory
Min.
* Employer's
Liability
(name of insurer)
Insurance Company's State License No.
Check Policy Type:
Each Occurrence
$
COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises /Operations
General Aggreg<te
$
(if applicable)
[ ] Owners & Contractors
Protective
Aggregate
$
[ ] Contractual for Specific
Contract
Personal Injury
$
[ ] Products Liability
[ ] XCU Hazards
[ ] Broad Form P.D.
Fire Damage (any one fire)
$
[ ] Severability of Interest
Clause
[ ] Personal Injury with
Medical Expense
$
Employee Exclusion Removed
(any one person)
or
Self - Insured
COMMERCIAL GENERAL LIABILITY Retention
$
(name of insurer)
Policy No.
Expiration Date
AUTOMOTIVE /VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE
Commercial Form Each Person Each Accident
Liability Coverage
e e
Each Accident
(name of insurer)
$ or
Combined Single Limit $
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
Policy No. Expiration Date
BUILDER'S RISK "ALL RISK"
This is to certify that the following policy has been issued by the below- stated company in conformance with the
requirements of the project documents and is in force at this time.
(Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:
(agent's initial)
A copy of all Endorsements to the policy(ies) which in any way
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 afforded
by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement
between the City and the insured.
to
Dated: 20
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
ADDITIONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number:
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 directors, officers, engineers, agents and employees, and all public
agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the
State of California, and its officers, 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 supervision or inspection of said operations.
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.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, 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 Cupertino ( "City"). Such notice shall be addressed to the City
as indicated below.
POLICY INFORMATION
1. Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement:
4. Insured:
20
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and
these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California
95014.
1 (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:
Address:
Title:
Telephone:
Facsimile:
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number:
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 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 INFORMATION
Insurance Company:
2. Insurance Policy Number:
Effective Date of this Endorsement:
4. Insured:
20
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 Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
1 (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:
Address:
Title:
Telephone:
Facsimile:
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
Project Title and Number:
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 insurance as is afforded by the policy, the Insurance Company waives any
right of subrogation 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 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:
2. Insurance Policy Number:
3. Effective Date of this Endorsement:
4. Insured:
20
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and
this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
1 (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:
Address:
Title:
Telephone:
Facsimile:
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
DOCUMENT 00550
NOTICE TO PROCEED
Dated: 1 2011
To:
(Contractor)
Address:
CONTRACT FOR:
PROJECT NUMBER 2011 -03
2011 CONTRACTUAL CROSSING GUARD SERVICES
You are notified that the Contract Time under the above Contract will commence to run on
20 On that date, you are to start performing your obligations with respect to Work at the Site under the Contract
Documents. In accordance with Article 3 of Document 00520 (Contract), the date of Final Completion for the entire
Work is June 30, 2013.
Before you may start any Work at the Site, you must:
1. Submit certified Safety Program and related information, and comply with all requests of the City's
safety officer.
2. Attend "start of service" conference.
3. Provide a complete list of crossing guards assigned to the City of Cupertino along with proof of
satisfactory investigation of background
CITY OF CUPERTINO, a Municipal Corporation of the State of California
as
Its:
END OF DOCUMENT
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
DOCUMENT 00610
PERFORMANCE BOND
THIS PERFORMANCE BOND ( "Bond ") is dated , is in the penal sum of
[which is four months of the total Contract
Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Crossing
guard Services Contract listed below. This Bond consists of this page and the Bond Terms and Conditions,
paragraphs i through 12, attached to thi3 page. Any singular reference to
( "Contractor "),
( "Surety "), the City of Cupertino, a Municipal Corporation of
the State of California ( "City") or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Name Name
Address Principal Place of Business
City/State /Zip City/State /Zip
CONTRACT:
2011 CONTRACTUAL CROSSING GUARD SERVICES
PROJECT NUMBER 2011 -03
at Cupertino, California.
DATED
20 in the Amount cf $
(the "Penal
Sum ")
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to City for the complete and proper performance of the Contract, which is
incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Contract, Surety and
Contractor shall have no obligation under this Bond
3. If there is no City Default, Surety's obligation under this Bond shall arise after:
3.1 City has declared a Contractor Default under the Contract pursuant to the terms of the Contract;
and
3.2 City has agreed to pay the Balance of the Contract Sum:
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
3.2.1 To Surety in accordance with the terms of this Bond and the Contract; or
3.2.2 To a contractor selected to perform the Contract in accordance with the terms of this Bond
and the Contract.
4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at
Surety's expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City, to perform and complete the Contract (but City may
withhold consent, in which case the Surety must elect an option described in paragraphs4.2, 4.3, or
4.4, below); or
4.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; provided, that Surety may not ,elect Contractor as its agent or independent contractor
without City's consent; or
4.3 Undertake to perform and complete the Contract by obtaining bids from qualified contractors
acceptable to City for a contract for performance and completion of the Contract, and, upon
determination by City of the most qualified bidder, arrange for a contract to be prepared for
execution by City and the contractor selected with City's concurrence, to be secured with
performance bonds executed by a qualified surety equivalent to the bonds issued on the Contract;
and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract
Sum, then Surety shall pay to City the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and
with reasonable promptness under the circumstances, and, after investigation and consultation
with City, determine in good faith its monetary obligation to City under paragraph 6, below, for
the performance and completion of the Contract and, as soon as practicable after the amount is
determined, tender payment therefore to City with full explanation of the payment's calculation.
If City accepts Surety's tender under this paragraph4.4, City may still hold Surety liable for future
damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the
amount of Surety's tender under this paragraph4.4, City may exercise all remedies available to it
at law to enforce Surety's liability under paragraph 6, below.
If Surety does not proceed as provided in paragraph. 4, above, then Surety shall be deemed to be in default
on this Bond ten days after receipt of an additional written notice from City to Surety demanding that
Surety perform its obligations under this Bond. Al all times City shall be entitled to enforce any remedy
available to City at law or under the Contract including, without limitation, and by way of example only,
rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay,
or coordinate work with other consultants or contractors.
Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the
Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these
limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the
Contract. Surety's obligations shall include, but are not limited to:
6.1 The responsibilities of Contractor under the Contract for completion of the Contract and correction
of defective work;
6.2 The responsibilities of Contractor under the Contract to pay liquidated damages, and for damages
for which no liquidated damages are specified in the Contract, actual damages caused by non-
performance of the Contract including, but not limited to, all valid and proper back charges,
offsets, payments, indemnities, or other damages;
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
6.3 Additional legal, design professional and delay costs resulting from Contractor Default or
resulting from the actions or failure to act of the Surety under paragraph 4 above (but excluding
attorney's fees incurred to enforce this Bond).
No right of action shall accrue on this Bond to any person or entity other than City or its successors or
assigns.
Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts,
purchase orders and other obligations, including changes of time. Surety consents to all terms of the
Contract, including provisions on changes to the Contract. No extension of time, change, alteration,
modification, deletion, or addition to the Contract Documents, or of the work required there under, shall
release or exonerate Surety on this Bond or in any wE y affect the obligations of Surety on this Bond.
Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent
jurisdiction where a proceeding is pending between City and Contractor regarding the Contract, or in the
courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the
work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to
include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature
page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520
(Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be
sufficient compliance as of the date received at the foregoing addresses.
11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed
deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated
herein.
12. Definitions.
12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the
terms of the Contract after all proper adjustments have been made under the Contract, for
example, deductions for progress payments made, and increases /decreases for approved
modifications to the Contract.
12.2 Contract: The contract between City and Contractor identified on the signature page of this Bond,
including all Contract Documents and changes thereto.
12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Contract including, but not limited to,
"default" or any other condition allowing a termination for cause as provided in Document 00700
(General Conditions).
12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay
Contractor progress payments due under the Contract or to perform other material terms of the
Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify
Contractor termination of the Contract.
END OF DOCUMENT
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
DOCUMENT 00650
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ( "Agreement and Release "), made and
entered into this day of , 2011, by and between the City of Cupertino ( "City"), and (insert
contractors name) ( "Contractor "), whose place of business is at ADRESS, CITY, CA ZIP CODE.
RECITAI
A. City and Contractor entered into Contract P.O. XXXXXX (the "Contract ").
B. The Work under the Contract has been completed.
Now, therefore, it is mutually agreed between City and Contractor as follows:
AGREEM
Contractor will not be assessed liquidated damages except as detailed below:
N/A
Original Contract Sum
$ XXXX
Modified Contract Sum
$ XXXX
Payment to Date
$ XXXX
Retention to Date
$ XXXX
Liquidated Damages $ XXXX
Payment Due Contractor $ XXXX
2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the
sum of XXXX Dollars and XXX Cents ($ XXX) under the Contract, less any amounts withheld
under the Contract or represented by any Notice to Withhold Funds on file with City as of the date
of such payment.
Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in
dispute against City arising from the Contract, except for the claims described in paragraph 4 of
this Document 00650. It is the intention of the parties in executing this Agreement and Release
that this Agreement and Release shall be effective as a full, final and general release of all claims,
demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of
Contractor against City, and all if its agents, employees, consultants (including without limitation
Consulting Cupertino), inspectors, representatives, assignees and transferees except for the
Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and
Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this
Document 00650.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically
excluded from the operation of this Agreement and Release:
Claim No. Date Submitted Descri t ion of Claim Amount of Claim
NONE
Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in
consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby
releases and forever discharges City, and all of its agents, employees, consultants, inspectors,
assignees and transferees from any and all liability, claims, demands, actions or causes of action of
whatever kind or nature arising out of or in any way concerned with the Work under the Contract
6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall
remain in full force and effect as specified in the Contract Documents.
Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa
Clara County, its Architect, any of their Representatives, and all of their agents, employees,
consultants, inspectors, assignees and transferees, from any and all claims, demands, actions,
causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted
against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any
suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to
be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4
of this Document 00650.
Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as
follows:
A general release does not extend. to claims that the creditor does not
know or suspect to exist in his favor at the time of executing the
release, which if known by him, must have materially affected his
settlement with the debtor.
9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and
shall be considered independent and severable, and if any such provision or any part thereof shall
be at any time held invalid in whole or in part under any federal, state, county, municipal or other
law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only
to the extent permitted by law, and the remaining provisions of this Agreement and Release shall
also remain in full force and effect, and shall be enforceable.
10. Contractor represents and warrants that it is the true and lawful owner of all claims and other
matters released pursuant to this Agreement and Release, and that it has full right, title and
authority to enter into this instrument. Each party represents and warrants that it has been
represented by counsel of its own choosing in connection with this Agreement and Release.
11. All rights of City shall survive completion of the Work or termination of the Contract, and
execution of this Agreement and Release.
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * *
THE CITY OF CUPERTINO,
a Municipal Corporation of the State of California
By:
Its:
ATTEST:
City Clerk
[CONTRACTOR]
By:
Name:
Its:
By:
Name:
Its:
REVIEWED AS TO FORM:
City Attorney
,20
Date
END OF DOCUMENT
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
DOCUMENT 00700
GENERAL CONDITIONS
TABLE OF CONTENTS
SECTION PAGE
SECTION 1. INTERPRETATION OF CONTRACT
SECTION 4. CONTROL OF WORK
4.1
Abbreviations and Definitions
700 -4
1.1
Precedence of Contract
700 -13
1.2
Clarification of Contract
700 -13
1.3
Contract Documents Complementary
700 -13
1.4
Contract Interpretation
700 -13
1.5
State Specifications
700 -13
1.6
Conflicts Involving State Specifications
700 -13
SECTION 2.
SECURITY CLEARANCE, BONDS AND INSURANCE
700 -27
2.1
Security Clearance
700 -14
2.2
Contractor's Insurance
700 -14
2.3
Contractor's Bonds
700 -14
SECTION 3.
SCOPE OF WORK
700 -28
3.1
Work to be Done
700 -15
3.2
Cleaning
700 -15
3.3
Change in Work
700 -15
3.4
Change in Contract Price
700 -20
3.5
Change in Contract Time
700 -21
3.6
Changed Site Conditions
700 -21
3.7
Cost Reduction Incentive
700 -21
3.8
Dust Control
700 -22
3.9
Excavation Safety Plans
700 -22
3.10
Asbestos - Related Work
700 -22
3.11
Substitutions
700 -22
3.12
Hazardous Materials / Waste
700 -22
3.13
Inert Solids and Plant Materials Recycling
700 -23
SECTION 4. CONTROL OF WORK
4.1
Authority of City of Cupertino
700 -23
4.2
Submittals
700 -23
4.3
Conformity with Contract Documents and Allowable Deviations
700 -27
4.4
Order of Work
700 -27
4.5
Drawings and Data to be Furnished by City
700 -27
4.6
Superintendence
700 -27
4.7
Character of Workers
700 -27
4.8
Layout of Work and Surveys
700 -27
4.9
Warranty and Inspection
700 -27
4.10
Defective and Unauthorized Work
700 -28
4.11
Equipment and Plant
700 -28
4.12
Substantial Completion, Final Completion and Final Acceptance
700 -28
City of Cupertino
2011 Contractual
Crossing guard Services DOCUMENT 00700 -1
Project No. 2011 -03
SECTION 5. CONTROL OF MATERIALS
5.1
Source of Supply and Quality of Materials
700 -28
5.2
City- Furnished Materials
700 -28
5.3
Storage of Materials
700 -28
5.4
Defective Materials
700 -28
5.5
Plant Inspection
700 -28
5.6
Certificates of Compliance
700 -28
5.7
State Specification Numbers
700 -28
5.8
Testing
700 -28
SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY
6.1
Laws to be Observed
700 -28
6.2
Labor Discrimination
700 -29
6.3
Employment of Labor
700 -29
6.4
Prevailing Wages
700 -29
6.5
Hours of Labor and Work
700 -29
6.6
Apprentices
700 -29
6.7
Permits and Licenses
700 -29
6.8
Patents and Copyrights
700 -29
6.9
Public Safety and Traffic Control
700 -29
6.10
Accident Prevention
700 -29
6.11
Explosives and Stream Pollution
700 -30
6.12
Fire Protection Plan
700 -30
6.13
Interference with Fire Hydrants, Highways and Fences
700 -30
6.14
Preservation of Property
700 -30
6.15
Contractor's Responsibility for Work
700 -30
6.16
Indemnification
700 -30
6.17
Payment of Taxes
700 -31
6.18
Cooperation with Others
700 -31
6.19
Property Rights in Materials
700 -31
6.20
Rights in Land and Improvements
700 -31
6.21
Title to Materials Found on the Work
700 -31
6.22
Trespass
700 -31
6.23
Subcontracting
700 -32
6.24
Tunnel Construction Safety
700 -32
6.25
Cultural Resources
700 -32
6.26
Sound Control
700 -32
6.27
Site Security
700 -32
6.28
Public Facilities
700 -33
6.29
Legal Actions Against the City
700 -33
6.30
Limit of Liability
700 -33
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1
Assignment
700 -33
7.2
Notice to Proceed
700 -33
7.3
Commencement of Work
700 -33
7.4
Work Progress Schedule
700 -33
7.5
Temporary Suspension of Work.
700 -33
7.6
Liquidated Damages
700 -34
7.7
Termination of Control
700 -34
7.8
Termination of Contract for Cause
700 -34
City of Cupertino
2011 Contractual
Crossing guard Services DOCUMENT 00700 -2
Project No. 2011 -03
7.9
Termination of Contract for Convenience
700 -34
7.10
Contractor's Cost Data
700 -36
7.11
Coordination with Utilities
700 -37
7.12
Temporary Facilities
700 -37
7.13
Project Record Documents
700 -37
7.14
Preconstruction Conference
700 -37
7.15
Weekly Progress Meeting
700 -37
7.16
Right of Way Delays
700 -37
SECTION 8.
MEASUREMENT AND PAYMENT
8.1
Measurement of Quantities
700 -37
8.2
Deductions from Payments
700 -38
8.3
Progress Payment
700 -38
8.4
Final Payment
700 -38
8.5
Scope of Payment
700 -38
8.6
Substitution of Securities in Lieu of Retention
700 -38
8.7
Effect of Payment
700 -39
SECTION 9.
CLAIMS BY CONTRACTOR
9.1
General
700 -39
9.2
Procedures
700 -40
9.3
Claim Format
700 -41
9.4
Mediation
700 -41
9.5
Exclusive Remedy
700 -41
END OF TABLE OF CONTENTS
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -3
Project No. 2011 -03
ABBREVIATIONS ANI) DEFINITIONS
Whenever in these Specifications and other Contract Documents the following abbreviations and terms or pronouns in
place of them are used, the intent and meaning shall be interpreted as follows:
ABBREVIATIONS -- General
AA
Aluminum Association
AAN
American Association of Nurserymen
AAP
Affirmative Action Program
AASHTO
American Association of State Highway and Transportation Officials
ACI
American Concrete Institute
AISI
American Iron and Steel Institute
AIEE
American Institute of Electrical Engineers
AISC
American Institute of Steel Construction
AISI
American Iron and Steel Institute
ANSI
American National Standards Institute
APA
American Plywood Association
APHA
American Public Health Association
API
American Petroleum Institute
AREA
American Railway Engineering Association
ASCE
American Society of Civil Engineers
ASHRAE
American Society of Heating, Refrigerating and Air Conditioning Engineers
ASME
American Society of Mechanical Engineers
ASTM
American Society of Testing and Materials
AWG
American Wire Gage
AWPA
American Wood- Preservers' Association
AWS
American Welding Society
AWWA
American Water Works Association.
BAAQMD
Bay Area Air Quality Management District
CAEPA
California Environmental Protection Agency
Cal /OSHA
California Occupational Safety and Health Administration
Caltrans
State of California, Department of Transportation
CBC
California Building Code
CD
Change Directive
CCR
California Code of Regulations
CEC
California Electric Code
CFR
Code of Federal Regulations
CIH
Certified Industrial Hygienist
CLMFI
Chain Link Fence Manufacturers Institute
CO
Change Order
CPM
Critical Path Method
CPUC
California Public Utilities Commission
CRSI
Concrete Reinforcing Steel Institute
CS
Commercial Standards, U.S. Department of Commerce
DHS
California Department of Health Services
DSA
Division of State Architect (formerly known as the Office of the State Architect)
EIA
Electronic Industries Association
EPA
Environmental Protection Agency
FS
Federal Specifications
HSC
California Health and Safety Code
I.D.
Identification
IEEE
Institute of Electrical and Electronics Engineers
IES
Illuminating Engineering Society
JATC
Joint Apprenticeship Training Committee
JV
Joint Venture
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -4
ABBREVIATIONS —in Specifications
AWG
Project No. 2011 -03
LBE
Local Business Enterprise
M.I.
Middle Initial
M /WBE
Minority and/or Woman -Owned Business Enterprise
MBE
Minority Business Enterprise
MIA
Masonry Institute of America
MSDS
Material Safety Data Sheet
NBS
National Bureau of Standards
NEC
National Electric Code
NEMA
National Electrical Manufacturers Association
NESC
National Electrical Safety Code
NIOSH
National Institute for Occupational Safety and Health
NIST
National Institute of Science and Technology (formerly the National Bureau of Standards)
NFPA
National Fire Protection Associatior.
NSF
National Sanitation Foundation
OSHA
Occupational Safety and Health Administration
OSHPD
Office of Statewide Health Planning and Department
PCA
Portland Cement Association
PCI
Prestressed Concrete Institute
PG &E
Pacific Gas and Electric Company
PM
Preventive Maintenance
PR
Proposal Request
PS
Product Standard, U. S. Department of Commerce
RFI
Request for Information
RFIR
Request for Information Reply
RFP
Request for Proposals
RFS
Request for Substitution
RWQCB
California Regional Water Quality Control Council
SAE
Society of Automotive Engineers
SFM
State of California, Office of State Fire Marshal
SJI
Steel Joint Institute
SSPC
Steel Structures Painting Council
SWRCB
California State Water Resources Control Council
TIE
Time Impact Evaluation
UBC
Uniform Building Code
UFC
Uniform Fire Code
UL
Underwriters Laboratories
UMC
Uniform Mechanical Code
UPC
Uniform Plumbing Code
USA
Underground Service Alert
USC
United States Code
WCLIB
West Coast Lumber Inspection Bureau
USEPA
United States Environmental Protection Agency
WCLB
West Coast Lumber Inspection Bureau
WWPA
Western Wood Products Association
ABBREVIATIONS —in Specifications
AWG
American Wire Gauge
Accord
Accordance
Co.
Company
Corp.
Corporation
cm.
centimeter (centimeters)
cu.
Cubic
Div.
Division
dia.
Diameter
EA
each
ft.
foot (feet)
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -5
g. /gr.
gram (grams)
gal.
gallon (gallons)
gpd
gallons per day
gpm
gallons per minute
hr.
hour
kg.
kilogram (kilograms)
in.
inch (inches)
Inc.
Incorporated
km.
kilometer (kilometers)
Kw
Kilowatt
LS
lump sum
1.
liter (liters)
lbs.
pounds
M/m
meter (meters)
Mfg.
manufacturing
Mg.
milligram (milligrams)
ml./mis.
milliliter (milliliters)
mm.
millimeter (millimeters)
m 2
square meter
m 3
cubic meter
No.
number
O.C.
on centers
O.D.
outside diameter
Psi
pounds per square inch
Psf
pounds per square foot
sq.
square
T & G
tongue and groove
tonne
metric ton (1000 kg.)
U.S.
United States
yd.
yard (yards)
SYMBOLS in Specifications
Project No. 2011 -03
"shall be" or "shall" - where used within sentences or paragraphs
# 1
Number
1#
Pound
&
And
%
Percent
C
Centigrade
F
Fahrenheit
°
Degree
/
per, except where used to combine words; example: power /fuel, in that case it means and
"
inch (inches)
foot (feet)
@
At
SYMBOLS in Drawings
As indicated therein.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -6
DEFINITIONS
Project No. 2011 -03
Acceptance: The formal written acceptance by City of a contract that has been completed in all respects in accordance
with the Drawings and Specifications and any modifications thereof previously approved.
Addendum or Letter of Clarification: A change in the Specifications or Drawings issued prior to the opening of Bids.
Agency: City.
Alternate: Work added to or deducted from the Base Bid, if accepted by City.
Application for Payment: Written application for monthly or periodic progress or final payment made by Contractor
complying with the Contract Documents.
Approved, Directed, Ordered, or Required. Whenever these wards or their derivatives are used, it is the intent, unless
otherwise clearly stated, that approval or direction by City is indicated.
Approved Equal: Approved in writing by City as being of equivalent quality, utility and appearance.
Asbestos: Any material that contains more than one percent asbestosis and is friable or is releasing asbestos fibers
into the air above current action levels established by OSHA or Cal /OSHA.
Attorney or Attorney General. The attorney selected by City.
Bid. The offer or proposal of the Bidder submitted on the proscribed forms setting forth the prices for the Work to be
performed.
Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the Work
contemplated, acting directly or through a duly authorized representative.
Bidding Documents: All documents comprising the Project Manual (including all documents and specification
sections listed on Document 00010 [Table of Contents]), including documents supplied for bidding purposes only
and Contract Documents.
Board or Council. City's governing body, its City Council.
Business Day: Same as a Calendar Day.
By City: Work that will be performed by City or its agents at the City's expense.
By Others: Work that is outside scope of Work to be performed by Contractor under this Contract, which will be
performed by City, other contractors, or other means.
Calendar Day: Any Day of the year, without exception.
Change Order: A written instrument prepared by City and sdgned by City and Contractor, stating their agreement
upon all of the following:
a. a change in the Work;
b. the amount of the adjustment in the Contract Sum, if any; and
C. the amount of the adjustment in the Contract Time, if any.
Certified Hazardous Materials Testing Laboratory: A laboratory certified by the California Department of Health
Services to perform specific chemical and physical analysis for hazardous materials.
Certified Industrial Hygienist: A professional who is certified by the American Council of Industrial Hygienists as
trained to evaluate safety and health hazards and determine safety measures necessary for personnel working under
hazardous conditions.
Chief Engineer: The Program Manager selected by City.
City: City of Cupertino, , a Municipal Corporation of the State of California.
City- Furnished, Contractor - Installed: Items furnished by City at its cost for installation by Contractor at its cost
under Contract Documents.
City's Representative(s): See Document 00520 (Contract).
Claim: As defined in Section 9 of this Document 00700.
Code: Codes of the State of California, including but not limited to, Government Code, Labor Code, etc.
City of Cupertino
2011 Contractual
Crossing guard Services DOCUMENT 00700 -7
Project No. 2011 -03
Concealed: Work not exposed to view in the finished Work, including within or behind various construction
elements.
Contract. (Document 00520): Contract is the basic agreement document that binds the parties to crossing guard
Work. Contract defines relationships and obligations between City and Contractor and by reference incorporates
Standard Provisions, Special Provisions, Drawings and Specifications and contains Addenda and all Modifications
subsequent to execution of Contract Documents.
Change Directive (CD): A letter, signed by the City's Director of Public Works, or his designated representative,
directing the Contractor to proceed with additive or deductive changes to the contract when that Work or its value is
contested by the Contractor. The Work, as directed by a Change Directive, will be completed under the terms of
Force Account as explained in Document 00700, General Conditions.
Equipment: Equipment used for the performance of Work but not incorporated into the project.
Construction Manager: See Document 00520 (Contract) (if this term is used).
Consulting Engineer: See Document 00520 (Contract) (if this term is used).
Contract or Contract Documents: The written agreement between Contractor and City consisting of the Contract
Documents as defined in the Document 00520 (Contract).
Contract Modification: Either:
a. a written amendment to Contract signed by Contractor and City; or
b. a Change Order.
Contract Prices: The prices for the Work set forth in the Contract. Contract Price (or Contract Sum) shall mean the
aggregate price for all Work set forth in the Contract.
Contract Sum: The sum stated in the Contract and, including authorized adjustments, the total amount payable by
City to Contractor for performance of the Work and the Contract Documents. The Contract Sum is also sometimes
referred to as the Contract Price or the Contract Amount.
Contract Time: The number of days for Substantial Completion and/or Final Completion the Work including any
milestones specifically identified in the Contract.
Contractor: The entity or person entering a contract with City.
Contractor's Employees: Persons engaged in execution of Work under Contract as direct employees of Contractor,
as Subcontractors, or as employees of Subcontractors.
Controlling Item of Work: Any feature or combination of features of the Work, which if delayed, will delay the time
of completion of a contract. Also known as critical work or critical path work.
County: The County of Santa Clara, State of California.
Day: One calendar day of 24 hours measured from midnight to the next midnight, unless the word "day" is
specifically modified to the contrary.
Defective: An adjective which, when modifying the word "Work," refers to Work that is unsatisfactory or unsuited
for the use intended, faulty, or deficient, that does not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including
but not limited to approval of samples and "or equal" items), or has been damaged prior to final payment (unless
responsibility for the protection thereof has been assumed by City). City is the judge of whether Work is defective.
Department. City.
Director or Director of the Department of Transportation: City's City Public Works Director.
District. City.
Division: City.
Drawings: The official drawings, Working drawings, detail drawings, and supplemental drawings, or reproductions
thereof, which show the location, character, dimensions, and details of the Work to be done, and which are to be
considered as part of the Contract.
Engineer or Engineer of the Department of Transportation: City of Cupertino and any designated person or entity
by City
Equal. Equal in opinion of City. Burden of proof of equality s responsibility of Contractor.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -8
Project No. 2011 -03
Equipment: Equipment incorporated or to be incorporated into the project.
Exposed: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other
construction elements.
Field Authorization (FA): An authorization issued by City to Contractor to allow additive or deductive work to
proceed when Change Order process time may delay the Work.
Final Acceptance: City's acceptance of the Work as sa!isfactorily completed in accordance with Contract
Documents.
Final Completion: Shall be achieved when the entire work is complete, except for minor punch list items, as
determined by City.
Fixed Costs: Any necessary labor, material, and equipment costs directly expended on the item or items under
consideration, which remain constant regardless of the quantity of Work done.
Force Account. Work directed to be performed without prior ;agreement as to lump sum or unit price cost thereof,
and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for
overhead and profit.
Furnish: Supply only, do not install.
Hazardous Material: (A) Any substance, product, waste or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to any federal., state or local statute, law, ordinance, resolution, code,
rule, regulation, order or decree regulating, relating to, or imposing liability (including, but not limited to response,
removal, and remediation costs) or standards of conduct or pert °ormance concerning any hazardous, toxic, explosive,
corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or as otherwise dangerous waste, substance or
material; (B) any substance, product, waste, or other material of any nature whatsoever whose presence in and of itself
may give rise to liability under any of the above statutes or under any statutory or common law theory based on
negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of a state or
federal court; (C) any substance without limitation, which contains petroleum or crude oil, including but not limited
to, petroleum and petroleum products.
Hazardous Waste: Any substance or material, as defined in the California Hazardous Waste Control Act, Health and
Safety Code Section 25, or the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.
Indicated: Shown or noted on the Drawings.
Install: Install or apply only, do not furnish.
Laboratory: The independent testing organization or organizations selected by City.
Latent: Not apparent by reasonable inspection, including but not limited to, the inspections and research required
as a condition to bidding under the General Provisions.
Law: Unless otherwise limited, all applicable laws including without limitation all federal, state, and local laws,
statutes, standards, rules, regulations, ordinances, and judicial and administrative decisions
Liquidated Damages: The amount stated in Document 00520 (Contract), to be paid to City or to be deducted from
any payments due or to become due Contractor as provided in :he Contract Documents.
Material: This word shall be construed to embrace machinery, manufactured articles, materials, and any other
classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated
by context.
Milestone: A principal event specified in Contract Documents relating to an intermediate completion date or time
prior to Substantial Completion of all Work.
Modification: Same as Contract Modification.
Not in Contract: Work that is outside the scope of Work to be performed by Contractor under Contract Documents
—shown as NIC.
Notice of Completion: Shall have the meaning provided in California Civil Code Section 3093, and any successor
statute.
Off Site: Outside geographical location of the Project.
Northern Region: City.
Office of Materials and Foundations: Laboratory.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -9
Project No. 2011 -03
Office of Structure Design: When specifications require working drawings to be submitted to the Office of Structure
Design, the drawings shall be submitted to the Resident Engineer.
Owner: City.
Partial Utilization: Use by City of a substantially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion of all of the Work.
PCBs: Polychlorinated byphenyls.
Personnel Protection: Equipment and procedures, which minirlize human exposure to regulated materials, hazardous
materials, hazardous wastes, or unsafe situations.
Phase: A specified portion of the Work (if any) specifically identified as a Phase in Document 00520 (Contract).
Product Data: That information (including brochures, catalogue cuts, MSDS, etc.) supplied by the vendor
describing the technical and commercial characteristics of the supplier equipment or materials, and accompanying
commercial terms such as warranties, instructions and manuals.
Progress Report: A periodic report submitted by Contractor io City with progress payment invoices accompanying
actual work accomplished to the Progress Schedule. See Document 00700 (General Conditions).
Project. Contractual crossing guard services.
Project Float: Neither City nor Contractor owns float. The Project owns the float. As such, liability for delay of any
Substantial Completion or Final Completion date rests with the party whose actions, last in time, actually cause delay
to a Substantial Completion or Final Completion date.
A. For example, in the event of unexcused delay by Part A and Party B, and if Party A uses some, but not all
of the float and Party B later uses remainder of the float as well as additional time beyond the float, Party B
shall be liable for the time that represents a delay to the Substantial Completion date.
B. Under this scenario, Party A would not be responsible for the time since it did not consume all of the float
and additional float remained; therefore, the Substantial Completion Date was unaffected.
Project Manual: Project Manual consists of Bidding Requirements, Contract, Bonds, Certificates, Standard
Provisions and Special Provisions, and Specifications.
Project Record Documents: All Project deliverables required under Section 00700, including without limitation,
as -built drawings, operations and maintenance manuals Installation, Operation, and Maintenance Manuals, and
Machine Inventory Sheets.
Provide: Furnish and install.
Reasonable Accuracy: Within the tolerances as shown on the Drawings or indicated in the Specifications.
Regulated Material: Any substance or combination of substances for which federal, state, or local regulations require
special management, storage, disposal or handling practices. This shall include, but not be limited to, materials
defined as: Hazardous Materials and Waste; Designated Wastes (CCR, Title 23, Section 23- 2522); and Special Waste
(CCR, Title 22, Section 22- 66195).
Request for Information ( "RFI'): A document prepared by Contractor requesting information regarding the Project
or Contract Documents. The RFI system is also a means for City to submit Contract Document clarifications or
supplements to Contractor.
Request for Proposals ( "RFP'): A document issued by City to Contractor whereby City may initiate changes in the
Work or Contract Time as provided in Contract Documents.
Request for Substitution ( "RFS'): A document prepared by Contractor requesting substitution of materials as
permitted and to the extent permitted in Contract Documents.
RFI - Reply: A document consisting of supplementary details, instructions, or information issued by City that clarifies
or supplements Contract Documents, and with which Contractor shall comply. RFI- Replies do not constitute changes
in Contract Sum or Contract Time except as otherwise agreed in writing by City. RFI- Replies will be issued through
the RFI administrative system.
Remediation: Restoration of the contaminated soil, groundwater, or other materials to its pre- contaminated level or to
a level acceptable to City and local, state and federal agencies.
Resident Engineer: Authorized representative for the City. Also identified as Engineer.
City of Cupertino
2011 Contractual DOCUMENT 00700 -10
Crossing guard Services
Project No. 2011 -03
Responsible Bidder: A bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity, and experience to satisfactorily perform the Work.
Samples: Physical examples of materials, equipment, or workmanship that is representative of some portion of the
Work and which establish the standards by which such portion of the Work will be judged.
Section: A numbered portion of a title section of the Specifications.
Shop Drawings: All drawings, diagrams, illustrations, schedules and other data or information which are specifically
prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
Shown: As indicated on Drawings.
Site: The particular geographical location of Work performed pursuant to Contract Documents.
Specifications: The directions, provisions and requirements contained in the Contract Documents, including but not
limited to, the State Specifications, Special Provisions, and Technical Provisions.
Standard Plans: The Standard Plans, Metric, of the State of California Department of Transportation, July 2004.
State: City.
State Furnished Materials: Materials furnished by City.
State of California: City except where in the context of the Contract Documents it is clear the reference is to the
State of California.
State Specifications (or Standard Specifications): See Section 1.05 in this Document 00700.
Special Conditions or Special Provisions: Document 00800 ( Supplemental General Conditions) and Document
00805 (Supplemental Conditions — Hazardous Materials) (if included).
Standard Provisions: Document 00700 (General Conditions)
Subcontractor: An entity or person contracting with Contractor or another subcontractor to perform any portion of
Work.
Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of
City as evidenced by a Certificate of Substantial Completion and can be utilized for the purpose for which it is
intended.
Supplemental Instruction: A written directive from City to Contractor ordering alterations or modifications that do
not result in change in Contract Sum or Contract Time, and do not substantially change Drawings or Specifications.
SupplierNendor: A person or entity that has a direct contract with the Contractor or a Subcontractor to provide,
fabricate, deliver or install materials, products or assemblies.
Technical Provisions: Provisions and or clauses specific to tht, Work of the Project, generally found in Sections 10
thru 95 of the State Specifications.
Testing and Special Inspection Agency: An independent entity engaged by City to inspect and/or test the
workmanship, materials, or manner of crossing guard services, to determine if such crossing guard services complies
with the Contract Documents and applicable codes.
Ton: 2,000 pounds avoirdupois.
Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities that have been installed underground to
furnish any of the following services or materials: Electricity, gases, chemicals, steam, liquid petroleum products,
telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or
water.
Unit Price Work: Shall be the portions of the Work for which a unit price is provided in Document 00520 (Contract).
Work: The entire completed service of the Work or of the various separately identifiable parts thereof required to be
furnished under the Contract Documents within the Contract Tune. Work includes and is the result of performing or
furnishing administrative services, labor and professional services, furnishing and incorporating materials and equipment
into the service, and performing or furnishing crossing guard services and furnishing documents, all as required by the
Contract Documents including the Specifications. Wherever the word "work" is used, rather than the word "Work ", it
shall be understood to have its ordinary and customary meaning.
Work Day: All Days, other than Saturdays, Sundays, and public holidays, unless specifically modified to the contrary.
City of Cupertino
2011 Contractual
Crossing guard Services DOCUMENT 00700 -11
Project No. 2011 -03
Wherever words "as directed," "as required," "as permitted," or words of like effect are used, it shall be understood
that direction, requirements, or permission of City is intended. Words sufficient, necessary, proper, and the
like shall mean sufficient, necessary, or proper in judgment of City. Words "approved," "acceptable," "satisfactory,"
"favorably reviewed," or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or
favorably reviewed by City.
Wherever the word "may" or "ought' is used, the action to which it refers is discretionary. Wherever the word
"shall" or "will" is used, the action to which it refers is mandatory.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -12
SECTION 1. INTERPRETATION OF CONTRACT
1.1 Precedence of Contract
Project No. 2011 -03
In resolving conflicting requirements between the Contract Documents order of precedence shall be as
follows:
A Change orders
B Addenda or Letters of Clarification
C Document 00520 (Contract)
D Special Conditions
E Technical Specifications
F Drawings
G General Conditions
H State Specifications
I State Standard Plans
With reference to the Drawings:
A Figures govern over scaled dimensions
B Detail drawings govern over general drawings
1.2 Clarification of Contract
Should it appear that the work to be done or any of the matters relative thereto is not sufficiently detailed or
explained in the Specifications, or if Contractor discovers during the course of the Work any discrepancies
between the specifications and conditions in the field, or any errors or omissions in the Contract or in the
layout given by stakes, points, or instructions, the bidder or Contractor shall apply in writing to City for
such further explanations as may be necessary and shall conform to them as part of the Contract. Any work
done after such discovery until authorized by City, will be done at Contractor's risk.
All corrections of readily apparent errors or omissions in the Contract may be made by City when such
corrections are necessary for the proper fulfillment of their intention as construed by City. The
misplacement, addition, or omission of any word., letter, figure, or punctuation mark which has no
substantive legal effect will in no way change the due spirit, intent, or meaning of Contract.
1.3 Contract Documents Complementary
Any part of the Work not shown in these Specifications but which is reasonably or ordinarily implied shall
be furnished by Contractor as if fully described in these Specifications. All disputes shall be administered
under Section 9 herein.
1.4 Contract Interpretation
In the event of any doubt or questions arising respecting the true meaning of the Contract, reference shall be
made in writing to City, whose decision thereon shall be final.
1.5 State Specifications
Not applicable
1.6 Conflicts Involving State Specifications
Not applicable
City of Cupertino
2011 Contractual
Crossing guard Services DOCUMENT 00700 -13
Project No. 2011 -03
SECTION 2. SECURITY CLEARANCE, BONDS AND INSURANCE
2.1 Security Clearance
i. All personnel assigned to work in the City of Cupertino must have successfully passed a
background check.
ii. At least two (2) weeks prior (needed to allow completion of a security background clearance check)
to an employee being assigned to work, they must provide one (1) a valid California identification
and (2) finger prints to be taken by Santa Clara County Sheriff. No employee who fails the security
clearance shall be admitted on the premises. Cost of background check shall be borne by
Contractor in the amount of $42.00 per employee, payable to the City of Cupertino.
2.2 Contractor's Insurance
A General
Contractor shall not perform Work under this Contract unless all insurance required by this Section
has been obtained; and such insurance and insurers have been approved by City; and such insurance
remains in full force and effect. Approval of insurance by City shall neither relieve nor decrease the
liability of Contractor hereunder. Any delay in performing Work caused by Contractor's failure to
comply with the insurance requirements specified in these Specifications, is the responsibility of
Contractor. Failure by Contractor to maintain all required insurance at all times during the
performance of this Contract, and until Final Acceptance by City, shall constitute a material breach
of this Contract and shall not be a basis for a time extension.
For insurance requirements and forms see Document 00821 and 00530.
B Workers' Compensation and Liability Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall, at
Contractor's sole cost and expense, keep in force at all times during the performance of this
Contract, and until Acceptance by City, the following minimum insurance coverage's, unless
otherwise specified in the Special Provisions:
For insurance requirements and forms see Document 00821 and 00530.
C Insurance on Work and Materials
Contractor shall secure and maintain such direct damage insurance against such perils as Contractor
may deem necessary to protect the Work called for in this Contract including Work completed,
material in place or to be used in the performance of this Contract and such other miscellaneous
items as may be necessary to the performance of this Contract.
For insurance requirements and forms see Document 00821 and 00530.
D Certificates of Insurance
Contractor shall furnish certificates of insurance to City for all required insurance coverage's.
For insurance requirements and forms see Document 00821 and 00530.
2.3 Contractor's Bonds
A Filing of Bonds
At or before the date indicated in Document 00200 (Instructions to Bidders), Contractor shall file
with City the following bonds:
1. Corporate surety bond, in the form of Document 00610 (Performance Bond), in the penal
sum of four months total contract value of Contractor's Bid as accepted, to guarantee
faithful performance of the Work; and
2. The Faithful Performance bond shall be reduced by one hundred percent (100 %) at the
recording of the Notice of Completion.
B Surety Qualifications
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -14
Project No. 2011 -03
Sureties shall be satisfactory to City. Corporate sureties on these bonds and on bonds
accompanying Bids shall be duly licensed to do business in the State of California and shall have an
A.M. Best Company financial rating of B +,VII or better.
SECTION 3. SCOPE OF WORK
3.1 Work to be Done
The Work to be done consists of providing adult crossing guard services at designated intersections in
accordance to this Contract and to the requirements of the latest edition of the Manual on Uniform Traffic
Control Devices California Supplement, Section 7E.02. Where the specifications describe portions of the
work in general terms, but not in complete detail, it is understood that only the best general practice is to
prevail. Bidder should take particular notice that any and all items of Work, called for in the Contract
Documents, but not included in a description of any specific bid item, shall be considered as included in one
(1) or more of the bid items and that no additional compensation for those items of Work, beyond the Base
Bid, will be allowed.
See Document 00800 for more detail of work and requirements.
3.2 Cleaning
Not applicable
3.3 Change in Work
A General
City may, at any time or from time to time, order additions, deletions, or revisions in the Work, any
portion of the Work, unit price item, or the Contract Time. These changes will be set forth in a
contract change order which will specify, in addition to the work to be done in connection with the
change made, the adjustment of Contract Time, if any, and the basis of compensation for that work.
A contract change order will not become effective until approved by City. Upon receipt of an
approved contract change order, Contractor shall proceed with the ordered work. If ordered in
writing by the City, Contractor shall proceed with the work so ordered prior to actual receipt of an
approved contract change order therefore. Ir those cases, City will, as soon as practicable, issue an
approved contract change order for the ordered work and, if the parties cannot agree, then the
contract claims procedure in Section 9 shall apply. When the compensation for an item of work is
subject to adjustment, Contractor shall, furni3h City with adequate detailed cost data for that item of
work showing actual costs incurred with direct costs, indirect costs, and any overhead claims. If
Contractor requests an adjustment in compensation for an item of work as provided herein, the cost
data shall be submitted with the request.
Any change in scope of Work or deviation from Contract Documents including, without limitation,
extra work, or alterations or additions to or deductions from the original Work, shall not invalidate
the original Contract, and shall be performed under the terms of the Contract Documents.
Only Contractor or City may initiate changes in scope of Work or deviation from Contract
Documents. Contractor may only initiate changes by submitting RFIs, Notice of Concealed or
Unknown Conditions, or Notice of Hazardous Waste Conditions. RFIs shall be submitted to seek
clarification of or request changes in the Contract Documents. Notices of Concealed or Unknown
Conditions shall be submitted in accordance with Document 00700 (General Conditions). Notices
of Hazardous Waste Conditions shall be submitted in accordance with Document 00700 (General
Conditions).
Contractor shall be responsible for its costs to implement and administer RFIs throughout the
Contract duration. Regardless of the number of RFIs submitted, Contractor shall not be entitled to
additional compensation. Contractor shall be responsible for both City and it's Engineers
administrative costs for answering RFIs where the answer could reasonably be found by reviewing
the Contract Documents, as determined by City; at City's discretion, such costs may be deducted
from progress payments or final payment. City may initiate changes by issuing a Supplemental
Instruction, which may revise, add to or subtract from the Work. City may initiate changes in the
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -15
Project No. 2011 -03
Work or Contract Time by issuing RFPs to Contractor. Such RFPs will detail all proposed changes
in the Work and request a quotation of changes in Contract Sum and Contract Time from
Contractor. City may also, by Change Directive ( "CD "), order changes in the Work within the
general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum
and Contract Time being adjusted accordingly. A CCD shall be used in the absence of total
agreement on the terms of a Change Order and may, upon notice, consist of a Change Order
executed by City only.
B Procedures
1 Cost Proposal and Procedures:
Whenever Contractor is required to prepare a Cost Proposal, and whenever Contractor is entitled to
submit a Cost Proposal and elects to do so, Contractor shall prepare and submit to City for
consideration a Cost Proposal using the form: approved by the City. All Cost Proposals must
contain a complete breakdown of costs of credits, deducts and extras; itemizing materials, labor,
taxes, overhead and profit. All Subcontractor Work shall be so indicated. Individual entries on the
Cost Proposal form shall be determined as provided in this section. After receipt of a Cost Proposal
with a detailed breakdown, City will act promptly thereon.
If City accepts a Cost Proposal, City will prepare Change Order for City and Contractor signatures.
If Cost Proposal is not acceptable to City because it does not agree with cost and/or time included in
Cost Proposal, City will submit in a response what it believes to be a reasonable cost and/or
adjustment, if any. Except as otherwise provided in this Document, Contractor shall have seven
Days in which to respond to City with a revised Cost Proposal.
When necessity to proceed with a change does not allow the City sufficient time to conduct a proper
check of a Cost Proposal (or revised Cost Proposal), City may order Contractor to proceed on basis
to be determined at earliest practical date. In this event, value of change, with corresponding
equitable adjustment to Contract, shall not be more than increase or less than decrease proposed.
2 Request for Information (RFI):
Whenever Contractor requires information regarding the Project or Contract Documents, or receives
a request for information from a Subcontractor, Contractor may prepare and deliver an RFI to City.
Contractor shall use RFI format provided by the City. Contractor must submit time critical BFI's at
least 30 days before scheduled start date of the affected Work activity. Contractor shall reference
each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating
time within which a response is required. Contractor's failure to reference RFI to an activity on the
Progress Schedule and note time criticality on the RFI shall constitute Contractor's waiver of any
claim for time delay or interruption to the Work resulting from any delay in responding to the RFI.
City will respond within seven Days from receipt of RFI with a written response to Contractor.
Contractor shall distribute response to all appropriate Subcontractors. RFI received after 12:00 pm
will be considered as received the following day, for Fridays, the following day will be considered
to be Monday.
If Contractor is satisfied with the response and does not request change in Contract Sum or Contract
Time, then the response shall be executed without a change.
If Contractor believes the response is incomplete, Contractor shall issue another RFI (with the same
RFI number with the letter "A" indicating if it is a follow -up RFI) to City clarifying original RFI.
Additionally, City may return RFI requesting; additional information should original RFI be
inadequate in describing condition.
If Contractor believes that the response results in change in Contract Sum or Contract Time,
Contractor shall notify City in writing within seven Days after receiving the response. If City
disagrees with Contractor, then Contractor may give notice of intent to submit a Claim as described
in this Document and submit its Claim within 30 days. If City agrees with Contractor, then
Contractor must submit a Cost Proposal within 21 Days of receiving the response to the RFI.
Contractor's failure to deliver either the foregoing notice and Claim or Cost Proposal by the
respective deadlines stated in the foregoing sentences shall result in waiver
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -16
of the right to file a Cost Proposal or Claim.
Project No. 2011 -03
3.34 Field Authorization (FA):
A letter issued and signed by the City's Director of Public Works, or his designated representative,
authorizing the Contractor to proceed with additive or deductive changes to the contract, exclusive of time
extensions, which value does not exceed $50,000, which will become a part of a subsequent Contract Change
Order. The Field Authorization is issued during the course of crossing guard when it is known or believed
that the changes in the Work being requested cannot be processed in a timely way as a Contract Change
Order without risk of causing a delay to the project. The contractor cannot include work performed under a
Field Authorization in an Application for Payment unt.l the Field Authorization is fully incorporated into an
approved Contract Change Order.
3.35 Supplemental Instruction:
City may issue Supplemental Instruction to Contractor. If Contractor is satisfied with Supplemental
Instruction and does not request change in Contract Sum or Contract Time, then Supplemental Instruction
shall be executed without a Change Order. If Contractor believes that Supplemental Instruction results in
change in Contract Sum or Contract Time, then Contractor must submit a Cost Proposal to City within 21
Days of receiving the Supplemental Instruction.
3.36 Change Directives (CD):
If at any time City believes in good faith that a timely Change Order will not be agreed upon using the
foregoing procedures, City may issue a CD with its recommended cost and/or time adjustment. Upon receipt
of CD, Contractor shall promptly proceed with the change of Work involved and concurrently respond to
City's CD within 10 Days.
Contractor's response must be any one of following:
• Return CD signed, thereby accepting City's response, time and cost.
• Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable,
reference original Cost Proposal number followed by letter A, B, etc. for each revision), if City so
requests.
• Give notice of intent to submit a Claim as described in this Document and submit its Claim with 30
days. If the CD provides for an adjustment to the Contract Sum, the adjustment shall be based on
one of the following methods:
• Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data
to permit evaluation.
• Unit prices stated in the Contract Documents or subsequently agreed upon.
• Cost to be determined in a manner agreed.
CD signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract
Sum and Contract Time or the method for determining; them. Such agreement shall be effective immediately
and shall be recorded as a Change Order.
If Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,
the method and the adjustment shall be determined by City on the basis of reasonable expenditures and
savings of those performing the Work attributable to the change including, in case of an increase in the
Contract Sum, a reasonable allowance for overhead and profit. If the parties still do not agree on the price
for a CD, Contractor may file a Claim. Contractor shall keep and present, in such form as City may
prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in
the Contract Documents, costs for the purposes of this paragraph shall be limited to those provided in this
Section.
Pending final determination of cost to City, amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by Contractor to City for a deletion or change, which results in
a net decrease in the Contract Sum, shall be actual net cost as confirmed by City. When both additions and
credits covering related Work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of net increase, if any, with respect to that change.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -17
Project No. 2011 -03
3.37 City Requested RFP:
Contractor shall furnish a Cost Proposal within 21 Business Days of City's RFP. Upon approval of RFP,
City will issue a Change Order directing Contractor to proceed with extra Work. If the parties do not agree
on the price for an RFP, City may either issue a CD or decide the issue per the claims section of this
Document. Contractor shall perform the changed Work notwithstanding any claims or disagreements of any
nature.
3.38 Differing Site Conditions:
Contractor shall submit Notices of Differing Site Conditions to resolve problems regarding differing Site
conditions encountered in the execution of the Work pursuant to section 3 of this Document, which shall
govern. If City determines that a change in Contract Sum or Contract Time is justified, City will issue RFP
or CD.
3.39 Hazardous Waste Conditions:
Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding hazardous
materials encountered in the execution of the Work pursuant to this Document, which shall govern. If City
determines that a change in Contract Sum or Contract Time is justified, City will issue RFP or CD.
3.391 All Changes:
Documentation of Change in Contract Sum and Contract Time:
Contractor shall maintain detailed records of Work performed on a time - and - material basis.
Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation
of the proposal. Contractor shall, on request, provide additional data to support computations for:
a. Quantities of products, materials, labor and equipment.
b. Taxes, insurance, and bonds.
C. Overhead and profit.
d. Justification for any change in Contract Time and new Progress Schedule showing revision due, if
any.
e. Credit for deletions from Contract, similarly documented.
f. Contractor shall support each claim for additional costs, and for Work performed on a cost -and-
percentage basis, with additional information including:
g. Credit for deletions from Contract, similarly documented.
h. Origin and date of claim.
i. Dates and times Work was performed and by whom.
j. Time records and wage rates paid.
k. Invoices and receipts for products, materials, equipment and subcontracts, similarly documented.
3.392 Correlation of Other Items:
Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized
Change Order or CD as a separate line item and adjust the Contract Sum as shown thereon prior to the next
monthly pay period. Contractor shall revise the Progress Schedules prior to the next monthly pay period.
Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
3.393 Responses:
For all responses for which the Contract Documents, including without limitation this Document, do not
provide a specific time period, recipients shall respond within a reasonable time.
3.394 Allowable Quantity Variations
Increases or decreases in the quantity of a Contract item of Work for unit price items will be determined by
comparing the actual pay quantity of an item of Work with the approximate quantity in the listing of the bid
items contained in the Bid.
If the actual pay quantity of an item of Work varies from the approximate quantity by 25 percent or less,
payment will be made for the actual quantity of Work performed at the Contract unit price listed in the Bid.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -18
Project No. 2011 -03
If the actual pay quantity of an item of Work varies from the approximate quantity by more than 25 percent,
in the absence of an executed Contract Change Order specifying the compensation to be paid, the
compensation payable to Contractor will be determined in accordance with this Section.
Increases of More Than 25 Percent: If the actual pay quantity of an item of Work exceeds the
approximate quantity by more than 25 percent, the amount of Work in excess of 125 percent of the
approximate quantity will be paid for by adjusting the Contract unit price. Such adjustment of the
Contract unit price will be the positive or negative difference between the Contract unit price and
the actual unit cost of the total pay quantity of the item. At the sole option of City, the actual unit
cost of the Work involved in such excess wile, be determined in accordance with Section 3.4 (by
mutual acceptance of a lump sum amount) or Section 3.4 (cost of Work, based on time and
materials).
If the cost of an item of Work includes fixed costs or overhead, the fixed costs will be deemed to
have been recovered by Contractor by the payments made for 125 percent of the approximate
quantity at the Contract unit price for the item and in computing the actual unit cost, the fixed costs
will be excluded.
When the compensation payable for the quantity of Work performed in excess of 125 percent of the
approximate quantity is less than $5,000 at the Contract unit price, no adjustment in the Contract
unit price will be made unless requested in writing by Contractor within 14 days from the date
Contractor became aware, or should have reasonably become aware, of the increase in quantity.
Decreases of More Than 25 Percent: If the actual pay quantity of an item of Work is less than 75
percent of the approximate quantity, an adjustment in compensation will not be made unless
Contractor makes a request in writing within 14 days from the date Contractor became aware, or
should have reasonably become aware, of the decrease in quantity. If Contractor makes a request,
the actual pay quantity of said item of Work performed will be paid for by adjusting the Contract
unit price. Such adjustment of the Contract unit price will be the positive or negative difference
between the Contract unit price and the actual unit cost of the total pay quantity of the item,
including fixed costs. At the sole option of City, payment for the actual quantity of Work will be
made by mutual acceptance of a lump sum amount or cost of Work based on time and materials in
accordance with Section 3.4.
3. Payment for the actual pay quantity of such item of Work will in no case exceed the payment which
would have been made for the performance of 75 percent of the approximate quantity of such item
at the Contract unit price.
3.395 ELIMINATED ITEMS:
If any Contract item of the Work is eliminated in its entirety, payment will be made to Contractor for the
actual cost incurred in connection with the eliminated Contract item if incurred prior to the date of
notification in writing by City of such elimination.
If acceptable material is ordered by Contractor for an eliminated Contract item prior to the date of
notification of such elimination by City, and if orders for such material cannot be canceled, payment for such
material will be made at the actual cost to Contractor. In such case, the material shall become the property of
City. If the materials can be returned to the vendor and if City so directs, the material shall be returned and
Contractor will be paid for the actual cost for returning the material.
The actual costs to be paid by City to Contractor in accordance with this Section will be computed based on
Time and Materials in accordance with Section 3.4.
ALTERNATIVE CONTRACT ITEMS
Items identified as Alternative in the Bid may be deleted entirely or in part at the sole discretion of City. The
unit price of an Alternative contract item shall not be subject to adjustment due to any increase or decrease in
actual quantity.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -19
See Document 00800 for more detail.
Project No. 2011 - 03
CHANGE IN CHARACTER OF WORK
If an ordered change in the specifications materially changes the character of the work of a contract item
from that on which the Contractor based the bid price, and if the change increases or decreases the actual unit
cost of the changed item as compared to the actual or estimated actual unit cost of performing the work of
that item in accordance with the plans and specifications originally applicable thereto, in the absence of an
executed contract change order specifying the compensation payable, an adjustment in compensation
therefore will be made in accordance with the following.
The basis of the adjustment in compensation will be the difference between the actual unit cost to perform
the work of that item or portion thereof involved in the change as originally planned and the actual unit cost
of performing the work of the item or portion thereof involved in the change, as changed. Actual unit costs
will be determined by the Engineer in the same manner as if the work were to be paid for on a force account
basis as provided in Section 3.4; or the adjustment will be as agreed to by the Contractor and the Engineer.
The adjustment will apply only to the portion of the work of the item actually changed in character. At the
option of the Engineer, the work of the item or portion of item which is changed in character will be paid for
by force account as provided in Section 3.4.
If the compensation for an item of work is adjusted under this Section, the costs recognized in determining
that adjustment shall be excluded from consideration in making an adjustment for that item of work under
the provisions in Section 3.3.
Failure of the Engineer to recognize a change in character of the work at the time the approved contract
change order is issued shall in nowise be construed as relieving the Contractor of the duty and responsibility
of filing a written protest within the limit as provided in Doc. 00700.
3.4 CHANGE IN CONTRACT PRICE
A General
The Contract Price constitutes the total compensation payable to Contractor for performing the
Work. All duties, responsibilities. and obligations assigned to or undertaken by Contractor to
perform the Work shall be at Contractor's expense without change in the Contract Price.
The Contract Price may only be changed by a change order. Any request for an increase in the
Contract Price shall be based on written notice delivered by Contractor to City promptly, but in no
event later than 10 days after the date of the occurrence of the event giving rise to the request and
stating the general nature of the request. Notice of the amount of the request with supporting data
shall be delivered within 45 days after the date of the occurrence, unless City allows an additional
period of time to ascertain more accurate data in support of the request, and shall be accompanied
by Contractor's written statement that the amount requested covers all amounts (direct, indirect, and
consequential) to which Contractor is entitled as a result of the occurrence of the event. No request
for an adjustment in the Contract Price will be valid if not submitted in accordance with this
Section.
The value of any Work covered by a change order or of any request for an increase or decrease in
the Contract Price shall be determined in one of the following ways:
A. Where the Work involved is covered by unit prices contained in the Contract documents,
by application of unit prices to the quantities of the items involved; or
B. By mutual acceptance of a lump sum, which may include an allowance for overhead and
profit not necessarily in accordance with Section 3.4, provided Contractor submits
documentation supporting the direct, indirect, overhead and profit components that
compromise the lump sum amounts.
City of Cupertino
2011 Contractual
Crossing guard Services
nnl�r TNAPN.rr nn7nn_on
Project No. 2011 -03
3.5 Change of Contract Time
A General
The term of this agreement shall be five (5) years from the start date of the agreement. The City
shall retain the option to extend the term of the agreement for an additional five (5) years, for a
possible total of ten years.
B Extensions of Time for Delay Due to Excusable Inclement Weather
Not applicable.
3.6 Changed Site Conditions
In the event that a dispute arises between City and Contractor on whether the conditions materially differ or
on Contractor's cost of, or time required for, perfortn&lce of any part of the work, Contractor shall not be
excused from any scheduled completion date provided for by this Contract but shall proceed with all work to
be performed under the Contract. Contractor shall retain any and all rights provided either by this Contract or
by law, which pertain to the resolution of disputes and protests between the contracting parties.
3.7 Cost Reduction Incentive
The Contractor may submit to the City, in writing, proposals for modifying the specifications or other
requirements of the contract for the sole purpose of reducing the total cost of crossing guard services. The
cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the
project, including but not limited to service life, economy of operation, ease of maintenance, desired
appearance, or design and safety standards. Cost reduction proposals shall contain the following information:
A description of both the existing contract requirements for performing the work and the proposed changes.
An itemization of the contract requirements that must be changed if the proposal is adopted. A detailed
estimate of the cost of performing the work under the -.xisting contract and under the proposed change. The
estimates of cost shall be determined in the same manner as if the work were to be paid for on a force
account basis as provided in Section 3.4, "Cost of Work." A statement of the time within which the City
must make a decision thereon. The contract items of work affected by the proposed changes, including any
quantity variation attributable thereto.
The provisions of this Section 3.7 shall not be construed to require the City to consider any cost reduction
proposal which may be submitted hereunder; proposed changes in basic design of a bridge or of a pavement
type will not be considered as an acceptable cost reduction proposal; and the City will not be liable to the
Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor
for any delays to the work attributable to any cost reduction proposal. If a cost reduction proposal is similar
to a change in the specifications, under consideration by the City for the project, at the time the proposal is
submitted or if the proposal is based upon or similar to Standard Specifications, standard special provisions
or Standard Plans adopted by the City after the advertisement for the contract, the City will not accept the
proposal, and the City reserves the right to make the changes without compensation to the Contractor under
the provisions of this section
The Contractor shall continue to perform the work in. accordance with the requirements of the contract until
an executed change order, incorporating the cost reduction proposal has been issued. If an executed change
order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a
decision thereon should be made, or such other date as the Contractor may subsequently have specified in
writing, the cost reduction proposal shall be deemed rejected.
The City shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net
savings in costs from the adoption of all or any part of the proposal. In determining the estimated net
savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, those
prices do not represent a fair measure of the value of work to be performed or to be deleted.
The City reserves the right where it deems such action appropriate, to require the Contractor to share in the
City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of
considering the proposal. Where this condition is imposed, the Contractor shall indicate acceptance thereof
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -21
Project No. 2011 -03
in writing, and that acceptance shall constitute full authority for the City to deduct amounts payable to the
City from any moneys due or that may become due to the Contractor under the contract.
If the Contractor's cost reduction proposal is accepted in whole or in part the acceptance will be by a contract
change order. The change order shall incorporate the changes in the plans and specifications which are
necessary to permit the cost reduction proposal or that part of it as has been accepted to be put into effect,
and shall include any conditions upon which the City's approval thereof is based if the approval of the City is
conditional. The change order shall also set forth the estimated net savings in service costs attributable to the
cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid
50 percent of that estimated net savings amount. The Contractor's cost of preparing the cost reduction
incentive proposal and the City's costs of investigating a cost reduction incentive proposal, including any
portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net
savings in service costs.
Acceptance of the cost reduction proposal and performance of the work there under shall not extend the time
of completion of the contract unless specifically provided for in the contract change order authorizing the use
of the cost reduction proposal.
The amount specified to be paid to the Contractor in the change order, which effectuates a cost reduction
proposal, shall constitute full compensation to the Contractor for the cost reduction proposal and the
performance of the work thereof pursuant to the change order.
The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts
administered by the City when it determines that the proposal is suitable for application to other contracts.
When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted
that proposal will be eligible for compensation pursuant to this section, and in that case, only as to those
contracts awarded to that Contractor prior to submission of the accepted cost reduction proposal and as to
which the cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or
similar to previously submitted proposals will be eligible for consideration and compensation under the
provisions of this Section 3.7 if the identical or similar previously submitted proposals were not adopted for
general application to other contracts administered by the City. Subject to the provisions contained herein,
the City or any other public agency shall have the right to use all or any part of any submitted cost reduction
proposal without obligation or compensation of any kind to the Contractor.
Contractor may submit to City, in writing, proposals for modifying the Specifications, or other requirements
of the Contract for the sole purpose of reducing the total cost of service.
Prior to preparing a written cost reduction proposal, Contractor shall request a meeting with City to discuss
the proposal in concept. Items of discussion will also include permit issues, impact on other projects, impact
on the project schedule, peer reviews, overall merit of the proposal, and review times required by City and
other agencies.
3.8 Dust Control
Not applicable
3.9 Excavation Safety Plans
Not applicable
3.10 Asbestos - Related Work
Not applicable.
3.11 Substitutions
No substitutions are allowed in crossing guard service -s.
3.12 Hazardous Materials / Waste
Not applicable.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -22
3.13 Inert Solids and Plant Materials Recycling
Not applicable
SECTION 4. CONTROL OF WORK
Project No. 2011 -03
4.1 Authority of City
City shall decide all questions, which may arise as to the quality or acceptability of crossing guard services
furnished and Work performed and rate of progress of the Work, all questions that may arise as to the
interpretation of the Specifications, and all questions as to the acceptable fulfillment of the Contract on the
part of Contractor. City's decision shall be final. City shall have authority to enforce and make effective such
decisions and orders which Contractor fails to carry out promptly.
4.2 Submittals
Submit, at Contractor's expense, in duplicate sets, the following items ( "Submittals ") required by the
Contract :
Safety Plans
Crossing guard Training
Crossing guard Replacement in Event of Absence
Submit these Submittals to City for review and approval. Submittals shall include all information requested
by each Specification Section. (No partial Submittals.) Incomplete Submittals will be returned not reviewed
by City. The data shown on the Submittals shall be complete with respect to performance, materials and
similar data to show City the materials Contractor proposes to provide and to enable City to review the
information for the limited purposes specified in this Document. Submittals shall be identified clearly as to
material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise
as City may require to enable City to review the Submittal. The quantity of each Submittal to be submitted
will be as required by individual Specification Documents or this Document. At the time of each submission,
give City specific written notice of all variations, if ary, that the submitted Submittal may have from the
requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written
communication attached to the Submittal transmittal form. In addition, cause a specific notation to be made
on each Submittal submitted to City, for review and approval of each such variation. If City accepts
deviation, City will note its acceptance on the returned Submittal transmittal form and, if necessary, issue
appropriate Contract Modification. Submittal coordination and verification is responsibility of Contractor;
this responsibility shall not be delegated in whole or in part to Subcontractors or suppliers.
Contractor's submission to City of a Submittal shall constitute Contractor's representation that it has
satisfied its obligations under the Contract Documents, and as set forth immediately above in this paragraph,
with respect to Contractor's review and approval of that Submittal.
Designation of work "by others," if shown in Submittals, shall mean that work will be responsibility of
Contractor rather than Subcontractor or supplier who has prepared Submittals.
After review by City of each of Contractor's Submittals, one (1) set of material will be returned to Contractor
with actions defined as follows:
A. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future Submittals and
additional partial Submittals for portions of the Work not covered in this Submittal. Does not
constitute approval or deletion of specified or required items not shown on the Submittal.
B. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as item labove,
except that minor corrections as noted shall be made by Contractor.
C. REVISE AS NOTED AND RESUBMIT - Rejected because of major inconsistencies or errors that
shall be resolved or corrected by Contractor prior to subsequent review by City.
D. REJECTED - RESUBMIT - Submitted material does not conform to Drawings and/or
Specifications in major respect, i.e.: wrong size, model, capacity, or material.
Make a complete and acceptable Submittal at least by second submission. City reserves the right to deduct
monies from payments due Contractor to cover additional costs of review beyond the second submission.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -23
Project No. 2011 -03
Illegible Submittals will be rejected and returned to Contractor for resubmission. Contractor shall be in
breach of the Contract if Contractor's first resubmittal, following a Submittal which City determines falls
within categories C or D above, does not fall within categories A or B above. Favorable review will not
constitute acceptance by City of any responsibility for the accuracy, coordination and completeness of the
Submittals. Accuracy, coordination, and completeness of Submittals shall be sole responsibility of
Contractor, including responsibility to back -check comments, corrections, and modifications from City's
review before fabrication. Contractor, Subcontractors, or suppliers may prepare Submittals, but Contractor
shall ascertain that Submittals meet requirements of Contract Documents. City's review will be only to
assess if the items covered by the Submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible concept of the completed Project as
indicated by the Contract Documents. Favorable review of Submittal, method of work, or information
regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of
responsibility for errors therein and shall not be regarded as assumption of risks or liability by City or any
officer or employee thereof, and Contractor shall have no claim under Contract Documents on account of
failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and
equipment so accepted. Favorable review shall be considered to mean merely that City has no objection to
Contractor using, upon Contractor's own full responsibility, plan or method of work proposed, or furnishing
materials and equipment proposed. City's review will not extend the means, methods, techniques, sequences
or procedures of safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
Submit complete initial Submittal for those items where required by individual Specification Sections.
Complete submittal shall contain sufficient data to demonstrate that items comply with Specifications. Meet
minimum requirements for submissions cited in Specification Sections, shall include motor data and seismic
anchorage certifications, where required, and shall include necessary revisions required for equipment other
than first named. If Contractor submits incomplete initial Submittal when complete Submittal is required,
Submittal may be returned to Contractor without review.
Copy, conform, and distribute reviewed Submittals in sufficient numbers for Contractor's files,
Subcontractors, and vendors.
After City's review of Submittal, revise as noted and resubmit as required. Identify changes made since
previous Submittal.
Begin no work that requires Submittals until return of Submittals not requiring resubmittal. Do not
extrapolate from Submittals covering similar work.
Normally, Submittals will be processed and returned to Contractor within 21 Days of receipt. Submittals
received after 12:00 pm will be considered as received on the following Day. For Fridays, the following day
will be considered to be Monday.
Distribute copies of reviewed Submittals to concerned persons. Instruct recipients to promptly report any
inability to comply with provisions.
All Submittals shall be number - identified by Contractor, prior to submission to City, in accordance with the
following:
Sequentially number each Submittal (i.e., "1 ", "2 ", "Y', etc.) as the basis for number identification of
Submittals.
Affix the Submittal number under which each Submittal is made on every copy of product data, sample,
certification, etc.
If the Submittal is a resubmittal (including without limitation after an initial Submittal is rejected, returned
without review or marked `Revise as Noted and Resubmit'), add the suffix designation "A" (i.e., a
resubmittal of Submittal 1 would be numbered 1A). Subsequent re- submittals would be identified by the
Submittal number and sequential letters (i.e., "B ", "C ", "D ", etc.).
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -24
Project No. 2011 -03
All Submittals shall include all information requested by each Specification Section. No partial Submittals
will be accepted unless previously authorized by City. In the event a partial Submittal is authorized, each
subsequent different Submittal (as opposed to resubmittal) is given a new number.
Deliver Submittals to City at least 30 Days before dates reviewed Submittals will be needed.
The following table lists the number of initial Submittals required from Contractor for each type of
submission, to whom Contractor shall distribute the information, and City's distribution of reviewed
submissions. If Contractor needs more copies of reviewed Submittals returned to it, then either submit
additional copies or make copies from the returned transparency submittal. Submittals requiring
resubmission will require the same quantity and distribution as an initial Submittal.
SUBMITTAL
Contractor Initial
Submittal
City Submittal
Return
# of Copies/ Prints/
Samples
# of Copies/ Prints/
Samples
Safety Plans
3
1
Crossing guard Training
3
1
Crossing guard Replacement in Event of
Absence
3
I
Submittal transmittal form, in duplicate, shall contain the following:
A. Date, revision date, and Submittal log number.
B. Project name and City's Project number.
C. Contractor's name, address, and job number.
D. Specification Section number clearly identified.
E. The quantity of Product Data, or Samples submitted.
F. Notification of deviations from Contract Documents.
G. Other pertinent data.
Submittal shall contain the following:
A. Date and revision dates.
B. Revisions, if any, identified.
C. Project Name and Project Number.
D. The names of:
E. Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent.
F. Identification of product material by location within the Project.
G. Specification Section number.
H. Applicable reference standards.
I. Identification of deviations from Contract Documents.
J. Contractor's stamp, initialed or signed, with language certifying the review of Submittals,
verification of field measurements, service criteria and technical standards in compliance with
Contract Documents.
RESUBMISSION REQUIREMENTS:
A. Revise as required and resubmit as specified for initial Submittals.
B. Indicate any changes that have been made other than those requested by City.
C. Submit new Product Data and Samples as required for initial Submittals.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -25
Project No. 2011 -03
NUMBER OF RESUBMISSIONS:
One (1) reexamination of Contractor's Submittals that have been returned for correction or replacement will
be included in City's budget. Any additional reexamination of Contractor's Submittals will be considered
additional scope services to be paid by Contractor through City. Contractor shall pay City (or City may
deduct from any progress or final payment), for engineering personnel, on an hourly basis at 2.5 times direct
payroll expenses, and for consultant personnel time at 1.25 times the amount billed City.
Schedule of Shop Drawing and Sample Submittals
Not applicable
Safety Program
Prior to the issuance of a Notice to Proceed, submit three (3) copies of Safety Program specific to these
Contract Documents to the City.
Progress Schedule
Not applicable
Product Data
Not applicable
PRODUCT OR CATALOG DATA:
Not applicable
SUPPLEMENTAL DATA:
1. Submit number of copies that Contractor requires, plus two (2) copies that will be retained
by City.
2. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturer's standard data to provide information unique to Project.
Shop Drawings
Not applicable
Samples
Not applicable
Quality Assurance Control Submittals
Not applicable
Project Record Documents
Not applicable
Delay of Submittals
Delay of Submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of
late Submittals will be assessed to Contractor.
Optional Review Meeting
At the Contractor's request, in order to facilitate the timeliness of the review process, the City may schedule
a meeting to review the materials submitted. If this option is exercised, the following requirements apply:
Request a meeting date with the City at least ten (10) Business Days in advance.
Provide the complete package of Submittal information at least five (5) Business Days in advance of the
meeting.
The meeting shall take place at City's office. City will provide the authorized staff to review and respond on
the Submittal information during the meeting. Make available for this meeting the project manager,
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -26
Project No. 2011 -03
Contractor's safety officer, and someone knowledgeable of all the items submitted and authorized to make
substitutions or changes.
4.3 Conformity with Contract Documents and Allowable Deviations
Work shall conform to the requirements indicated in the specifications. City shall be the sole judge as to
whether the work deviates from the specifications, and City's decision as to any allowable deviations there
from shall be final.
4.4 Order of Work
Contractor is required to following the established days of crossing guard services indicating in contract
documents.
4.5 Drawings and Data to be Furnished by City
Not applicable
4.6 Superintendence
Contractor shall designate, in writing before starting Work, an authorized representative who shall have
complete authority to represent and act for Contractor. Said authorized representative of Contractor shall
normally be available by phone at all times while Work is actually in progress on the Contract. During any
period when Work is suspended, arrangements acceptable to City shall be made for any emergency work,
which may be required.
Whenever Contractor or an authorized representative is not available on any part of the Work where it may
be desired to give direction, orders will be given by C ity, which shall be received and obeyed by the crossing
guard who may have charge of the particular work in reference to which the orders are given. Any order
given by City, not otherwise required by the Specifications to be in writing, will, on request of Contractor, be
given or confirmed by City in writing.
Contractor shall designate, in writing, the names and telephone numbers of at least three representatives who
could be contacted at any time in the event that an em .-rgency occurs.
4.7 Character of Workers
Any subcontractor, or person employed by Contractor or subcontractor, who fails or refuses to carry out the
directions of City, or appears to City to be incompetent or to act in a disorderly or improper manner, shall be
removed from the Work immediately on the written request of City, and such person shall not again be
employed on the Work.
4.8 Layout of Work and Surveys
Not applicable
4.9 Warranty and Inspection
General Representations and Warranties: Contractor represents and warrants that it is and will be at all times
fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with
the terms of Contract Documents. Contractor warrants that all crossing guard services shall be performed in
accordance with generally accepted professional standards of good and sound crossing guard practices and
all requirements of Contract Documents.
Inspection. City shall at all times have access to the Work for ascertaining the quality of performance is in
accordance with the requirements and intentions of the Specifications. All Work done shall be subject to
City's inspection and approval.
The day -to -day inspection performed by the various inspectors employed by City shall not constitute
approval or ratification of Work improperly done by Contractor. The Director of Public Works, or his /her
designee, is the only person authorized to recommend acceptance or rejection of Work.
The presence or absence of an inspector during performance of the Work shall not relieve Contractor of any
obligation to fulfill the Contract. It shall be the duty of Contractor to see that all provisions are complied with
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -27
Project No. 2011 -03
in detail, irrespective of the inspection given the Work during its progress by City or representatives of City.
Any plan or method suggested to Contractor by City or an inspector, but not specified or required, if adopted
or followed in whole or in part, shall be used at the risk and responsibility of Contractor; and City and City
will assume no responsibility therefore.
4.10 Defective and Unauthorized Work
All Work, which has been rejected, shall be remedied promptly in an acceptable manner at no additional cost
to City.
Payment will not be made for any extra work done without written authority, and such Work will be -
considered as unauthorized.
If Contractor should fail to comply promptly with any order of City made under the provisions of this, City
may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof to be
deducted from any moneys due or to become due Contractor.
4.11 Construction Equipment and Plant
Not applicable
4.12 Substantial Completion, Final Completion and Final Acceptance
Not applicable
SECTION 5. CONTROL OF MATERIALS
5.1 Source of Supply and Quality of Materials.
Not applicable
5.2 City- Furnished Materials.
The City will not furnish any materials for this Contract.
5.3 Storage of Materials
Not applicable
5.4 Defective Materials
Not applicable.
5.5 Plant Inspection
Not applicable.
5.6 Certificates of Compliance
Not applicable
5.7 State Specification Numbers
Not applicable
5.8 Testing
Not applicable
SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY
6.1 Laws to be Observed
Contractor shall remain informed of and in compliance with all applicable existing and future federal, state,
county, and municipal laws, codes, ordinances, rules and regulations, including but not limited to, those cited
herein.
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -28
Project No. 2011 -03
6.2 Labor Discrimination
In the performance of the Contract, Contractor shall not discriminate against an employee or applicant for
employment because of race, color, religious creed, ancestry, sex, age, national origin, physical handicap,
medical condition, or marital status. Section 1735 of the Labor Code and Sections 12990 et seq. of the
Government Code are incorporated herein in full by this reference.
6.3 Employment of Labor
In the employment of labor in the performance of the Contract, City desires that Contractor and all
subcontractors shall, wherever possible, give first consideration to residents of the County.
6.4 Prevailing Wages
In accordance with provisions of Section 1773 of the Tabor Code, the Director of the California Department
of Industrial Relations has determined that crossing guard services of routine recurring or usual nature, is
excluded from prevailing wage requirements. The Contractor shall keep fully informed of all existing and
future Sate and Federal laws and City ordinances and regulations, which in any manner affect those engaged
or employed in the work.. Pursuant to Section 1861 oi'the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that
Code, and Contractor shall comply with such provisions before commencing the performance of the Work of
the Contract Documents.
6.5 Hours of Labor and Work
Eight hours' labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City, $25 for each
worker employed in the execution of the Contract by Contractor or by any subcontractor for each day during
which such worker is required or permitted to labor more than 8 hours in violation of Labor Code Sections
1810 to 1815, inclusive, except as provided for under 'Labor Code Section 1815.
Crossing guard services shall be per Attachment A, unless otherwise authorized by the City.
6.6 Apprentices
Not applicable
6.7 Permits and Licenses
Not applicable
6.8 Patents and Copyrights
Contractor shall assume all costs including any costs of defense arising from the use of any copyrighted
composition, secret process, patented or unpatented invention, Section, equipment, device, or appliance
manufactured, furnished, or used in the performance of the Contract, including their use by City, unless
otherwise specifically stipulated in the Specifications.
6.9 Public Safety
Contractor shall furnish all personal equipment for each crossing guard per the Special Provisions of these
contract documents.
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the
traveling and pedestrian public.
6.10 Accident Prevention
Contractor shall comply with the California Occupational Safety and Health Act (Labor Code Section 6300
et seq.) and Title 8 of the Code of Regulations, and will also take, or cause to be taken, such additional
measures as may be necessary for the prevention of accidents.
Designate one of Contractor's staff as "Site Safety Officer" whose duties shall include the responsibility for
enforcing the safety and health requirements of the Occupational Safety and Health Act, and other applicable
federal, state and local standards. Submit for review by City the Contractor's safety and health plan. After
review by City, the implementation and enforcement of these plans shall become the responsibility of the
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Site Safety Officer. Any changes in the plans shall be requested by Contractor through the Site Safety
Officer for written concurrence by City.
Prior to commencement of Work Contractor shall (1) submit proposals in writing for effectuating provisions
for accident prevention, and (2) meet in conference with City to discuss and develop mutual understandings
relative to administration of an overall safety program.
During the performance of Work under the Contract, Contractor shall institute controls and procedures for
the control and safety of persons visiting the job -Site.
Contractor shall maintain an accurate record of, and shall report to City in writing, all accidents resulting in
death, traumatic injury, or damage to property incidenr to Work performed under the Contract.
City will notify Contractor of any noncompliance with the foregoing provisions. Contractor shall, after
receipt of such notice, immediately take corrective action. If Contractor fails or refuses to comply
immediately, the matter will be referred to the proper authority. No part of the time lost due to any stop order
issued by proper authority shall be made the subject or claim for extension of time or for extra costs or
damages by Contractor.
Compliance with the provisions of this Section by Subcontractors will be the responsibility of Contractor.
6.11 Explosives and Stream Pollution
This section not applicable to City projects.
6.12 Fire Protection Plan
Not applicable
6.13 Interference with Fire Hydrants, Highways, and Fences
Not applicable
6.14 Preservation of Property
Not applicable
6.15 Contractor's Responsibility for Work
Not applicable
6.16 Indemnification
City, and each of their officers, employees, consultants and agents, shall not be liable or accountable in any
manner for:
A Loss or damage that may happen to the Work or any part thereof,
B Loss or damage to materials, equipment, tool, or other things used or employed in performing the
Work;
C Injury, sickness, disease, or death of any person, including, but not limited to, workers and the
public; or
D Damage to property;
E Resulting from any cause whatsoever except their sole negligence, willful misconduct or active
negligence, attributable to performance or character of the Work, and Contractor releases all of the
foregoing persons and entities from any and all such claims.
To the furthest extent permitted by law (including without limitation California Civil Code Section 2782),
Contractor shall assume defense of, and indemnify, and hold harmless City, and each of their officers,
employees, consultants and agents, including, but not limited to, the Council, City and each City
representative, from claims, suits, actions, losses and liability of every kind, nature and description, including
but not limited to attorneys' fees and consultants' fee3, directly or indirectly arising out of, connected with or
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resulting from performance of the Work, failure to perform the Work, or condition of the Work which is
caused in whole or part by any act or omission of Contractor, Subcontractors, any one directly or indirectly
employed by any of them or any one for whose acts any of them may be liable, regardless of whether it is
caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.
With respect to third party claims against Contractor, Contractor waives any and all rights to any type of
express or implied indemnity against City, and each oftheir officers, employees, consultants and agents,
including, but not limited to, the Council, City representative.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the
indemnities, releases of liability and limitations of liability, and limitations of remedy expressed throughout
the Contract Documents shall apply even in the event of breach of contract, negligence (active or passive),
fault or strict liability of the party[s] indemnified, released, or limited in liability, and shall survive the
termination, rescission, breach, or completion of the Contract Documents. If Contractor fails to perform any
of these defense or indemnity obligations, City may in its discretion back charge Contractor for its costs and
damages resulting there from and withhold such sums from progress payments or other contract monies
which may become due.
The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole
negligence or willful misconduct; nor shall they apply to City to the extent of its active negligence.
6.17 Payment of Taxes
Except as otherwise specifically provided in the Special Provisions, the Contract Prices shall include full
compensation for all current and future taxes of any type which Contractor is required to pay, whether
imposed by federal, state, or local government, and no tax exemption certificate or any other document
designed to exempt Contractor from payment of tax will be furnished to Contractor by City.
6.18 Cooperation with Others
City reserves the right to do other work on or near the Project. Contractor shall cooperate with others and
conduct Work so as to facilitate work by City or others and prevent delay, additional expense, or hindrance
thereto. Contractor shall request from, and exchange with others, data, and information as necessary to
insure proper completion of the project and work of others. Contractor shall furnish copies of
correspondence exchanged with other contractors to City.
Contractor shall conduct, adjust, correct, and coordinate Work with work of others so that the Project shall
be free of defects.
6.19 Property Rights in Materials
Not applicable
6.20 Rights in Land and Improvements
Nothing in these Specifications shall be construed as allowing Contractor to make any arrangements with
any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for
any purpose whatsoever, either with or without compensation, in conflict with any agreement between City
and any owner, former owner, or tenant of such land, structure, or building.
6.21 Title to Materials Found on the Work
Not applicable
6.22 Trespass
Contractor shall be responsible for all damage or injury which may be caused on any property by trespass by
Contractor, any subcontractor, or their employees in the course of their employment, whether the said
trespass was committed with or without the consent or knowledge of Contractor.
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6.23 Subcontracting
The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work under
the Contractor's control.
No subcontractor will be recognized as such, and all persons engaged in the work of crossing guard services
will be considered as employees of the Contractor and the Contractor will be held responsible for their work,
which shall be subject to the provisions of the contract, and specifications.
The Contractor shall perform, with the Contractor's own organization, contract work amounting to not less
than 95 percent of the original total contract price, except that any designated "Specialty Items" may be
performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may
be deducted from the original total contract price before computing the amount of work required to be
performed by the Contractor with the Contractor's own organization. When items of work in the Bid Form,
(Document 00400) are preceded by the letters (S), those items are designated as "Specialty Items." Where an
entire item is subcontracted, the value of work subcontracted will be based on the contract item bid price.
When a portion of an item is subcontracted, the value; of work subcontracted will be based on the estimated
percentage of the contract item bid price, determined from information submitted by the Contractor, subject
to approval by the Engineer.
Subcontracts shall include provisions that the contract between the City and the Contractor is part of the
subcontract, and that all terms and provisions of the contract are incorporated in the subcontract.
Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and
qualified to do, and knowledgeable about, the subconracted work. Copies of subcontracts shall be available
to the City upon written request, and shall be provided to the City at the time any litigation against the City
concerning the project is filed.
Before work is started on a subcontract, the Contractor shall file with the City a written statement showing
the work to be subcontracted, the names of the subcontractors and the description of each portion of the work
to be subcontracted.
When a portion of the work, which has been subcontracted by the Contractor, is not being prosecuted in a
manner satisfactory to the City, the subcontractor shall be removed immediately on the requisition of the
Cityr and shall not again be employed on the work.
Contractor shall comply with Subletting and Subcontracting Fair Practices Act commencing with Section
4100 of the Public Contract Code Violations shall subject Contractor to penalties described in the Act.
In accordance with Section 4107 of the Public Contract Code, City Council or its designated authorized
officer is the awarding authority for the purpose of consenting to a substitute subcontractor.
6.24 Tunnel Construction Safety
Not applicable
6.25 Cultural Resources
Not applicable
6.26 Sound Control
Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that
apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped
with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be
operated on the project without the muffler.
6.27 Site Security
Contractor shall take and be fully responsible for all reasonably required measures to protect and maintain
the security of persons, existing facilities and property at the Site, including without limitation preventing
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theft, loss, vandalism and improper concealment of personal property of the City and all persons lawfully
present on the Site.
6.28 Public Facilities
Not applicable
6.29 Legal Actions Against the City
No representative, officer, or employee of City, no member of the governing body of the locality in which
the Project is situated, no member of the locality in which City was activated, and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the Project, during
the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or otherwise, be
directly or indirectly interested, in the Contract Documents or the proceeds thereof.
6.30 Limit of Liability
City, and each of its officers, the City Council, employees, consultants (including without limitation
consulting engineer) and agents including, but not limited to, engineer each other city representative shall
have no liability to contractor for special, consequential, or incidental damages, except to the limited extent
that these contract documents or applicable public contracting statutes may specify their recovery.
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1 Assignment
The performance of the Contract may not be assigned except upon the written consent of the Council.
Consent will not be given to any proposed assignment, which would relieve the original Contractor or surety
of their responsibilities under the Contract.
Contractor may assign moneys due, or to become due under the Contract, and such assignment will be
recognized by City, if given proper notice thereof, to the extent permitted by law, but any assignment of
moneys shall be subject to all proper setoffs in favor of City and to all deductions provided for in the
Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by City
for the completion of the Work in the event that Contractor should be in default therein.
7.2 Notice to Proceed
The Contract Time will commence to run on the date indicated on the Notice to Proceed. Contractor shall
not do any work at the site prior to the date on which - :he Contract Time commences to run.
7.3 Commencement of Work
Contractor shall not begin Work until receipt from City of the Notice to Proceed, and shall, upon receiving
notice, begin Work within the time specified in the notice. The time specified in said notice will allow a
period of at least 10 days after the date of said notice for commencement of Work. After receipt of said
notice, Contractor shall diligently prosecute the Work to completion. The contract time begins on July 1,
2011. Work is to start at the beginning of the 2011/12 school year in accordance with Attachment A.
No Work shall begin until the Contract, bonds and certificates of insurance required by Section 2 have been
received and approved.
7.4 Work Progress Schedule
Not applicable
7.5 Temporary Suspension of Work
By written order to Contractor, City may suspend the Work wholly or in part for an indefinite period, or for
such period as City may deem necessary, for any of the following reasons:
• Failure of Contractor to carry out orders given or to perform any provisions of the Contract; or
• The convenience and benefit of City.
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Such suspension shall be effective upon receipt by Contractor of the written order suspending the Work and
shall be terminated upon receipt by Contractor of the written order terminating the suspension.
If, under authority of Convenience and benefit of City, as stated above, City orders a suspension of all or a
portion of the Work, which is the current controlling operation, it will be cause for a time extension if it
affects the controlling item of Work.
7.6 Liquidated Damages
The Contractor shall pay liquidated damages to the City of Cupertino in the sum of Five Hundred Dollars
($500.00) for each and every day that crossing guard services are not completed on time and / or designated
crosswalk areas are omitted and Fifty dollar ($50) for each event where it is observed over a 30 minute time
period that the crossing guard is not properly staging Pedestrians in a manner consistent with these contract
documents.
The amount of liquidated damage shall be deducted by the City from monies due from the Contractor, or the
Contractor's assigned, successors, and sureties shall be liable to the City for any excess.
7.7 Termination of Control
Failure to supply an adequate working force or material of proper quality, or in any other respect to prosecute
the Work with the diligence and force specified by the Contract, is grounds for termination of Contractor's
control over the Work and for taking over the Work by City.
7.8 Termination of Contract for Cause
Contractor shall be in default of the Contract Documents and City may terminate Contractor's right to
proceed under the Contract Documents, for cause, should Contractor commit a material breach of the
Contract Documents and not cure such breach within ten (10) calendar days of the date of notice from City to
Contractor demanding such cure; or, if such breach is curable but not curable within such ten (10) day
period, within such period of time as is reasonably necessary to accomplish such cure. (In order for
Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide City within
the ten (10) day period with a written plan acceptable to City to cure said breach, and then diligently
commence and continue such cure according to the written plan).
In the event of termination by City as provided above for cause, Contractor shall deliver to City possession
of the Work in its then condition, including but not limited to Project records, cost data of all types, and
specifications and contracts with vendors and subcontractors, all other documentation associated with the
Project, and all crossing guard supplies and aids dedicated solely to performing the Work which, in the
normal course of crossing guard work, would be consumed or only have salvage value at the end of the
crossing guard service period. Contractor shall remain fully liable for the failure of any Work completed and
materials and equipment provided through the date of such termination to comply with the provisions of the
Contract Documents. The provisions of this Section shall not be interpreted to diminish any right which City
may have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather,
Contractor shall compensate City for all loss, cost, damage, expense, and/or liability suffered by City as a
result of such termination and failure to comply with the Contract Documents.
In the event a termination for cause is later determined to have been made wrongfully or without cause, then
the termination shall be treated as a termination for convenience, and Contractor shall have no greater rights
than it would have had following a termination for convenience. Any Contractor claim arising out of a
termination for cause shall be made in accord with Section 9 herein. No other loss, cost, damage, expense or
liability may be claimed, requested or recovered by Contractor.
7.9 Termination of Contract for Convenience
A. City may terminate performance of the Wort: under the Contract Documents in accordance with this
clause in whole, or from time to time in part, whenever City shall determine that termination is in
City's best interest. Termination shall be effected by City delivering to Contractor notice of
termination specifying the extent to which performance of the Work under the Contract Documents
is terminated and the effective date of the termination.
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Project No. 2011 -03
B. After receiving a notice of termination, and except as otherwise directed by City, Contractor shall:
1. Stop Work under the Contract Documents on date and to extent specified in notice of
termination;
2. Place no further orders or subcontracts for materials, services, or facilities except as
necessary to complete portion of Work under the Contract Documents which is not
terminated;
3. Terminate all orders and subcontrai is to extent that they relate to performance of Work
terminated by the notice of termination;
4. Assign to City in manner, at times, and to extent directed by City, all right, title, and
interest of Contractor under orders and subcontracts so terminated. City shall have the
right, in its sole discretion, to settle or pay any or all claims arising out of termination of
orders and subcontracts;
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with approval or ratification of City to extent City may require. City's
approval or ratification shall be final for purposes of this section;
6. Transfer title to City, and deliver in the manner, at the times, and to the extent, if any,
directed by City, all fabricated or un- fabricated parts, Work in process, completed Work,
supplies, and all other material produced as part of, or acquired in connection with
performance of, Work terminated by the notice of termination, and completed or partially
completed drawings, drawings, specifications, information, and other property which, if
the Project had been completed, would have been required to be furnished to City;
7. Use its best efforts to sell, in manner, at times, to extent, and at price or prices that City
directs or authorizes, any property of types referred to in preceding paragraph, but
Contractor shall not be required to extend credit to any purchaser, and may acquire any
such property under conditions prescribed and at price or prices approved by City.
Proceeds of transfer or disposition shall be applied to reduce payments to be made by City
to Contractor under the Contract Documents or shall otherwise be credited to the price or
cost of Work covered by Contract ]documents or paid in such other manner as City may
direct;
8. Complete performance of the part of the Work which was not terminated by the notice of
termination; and
9. Take such action as may be necessary, or as City may direct, to protect and preserve all
property related to Contract Documents which is in Contractor's possession and in which
City has or may acquire interest.
C. After receipt of a notice of termination, Contractor shall submit to City its termination claim, in
form and with all certifications required by Section 9. Contractor's termination claim shall be
submitted promptly, but in no event later than 6 months from effective date of the termination.
Contractor and City may agree upon the whole or part of the amount or amounts to be paid to
Contractor because of a total or partial termination of Work under this Section. If Contractor and
City fail to agree on the whole amount to be paid to Contractor because of the termination of the
Work under this Section, City's total liability to Contractor by reason of the termination shall be the
total (without duplication of any items) of.
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1. The reasonable cost to Contractor, without profit, for all Work performed prior to the
effective date of the termination. including Work done to secure the Project for
termination. Reasonable cost may not exceed the applicable percentage completion values
derived from the progress schedule and the schedule of values. Deductions shall be made
for cost of materials to be retained by Contractor, cost of Work defectively performed,
amounts realized by sale of materials, and for other appropriate credits against cost of
Work. Reasonable cost will include reasonable allowance for Project overhead and
general administrative overhead not to exceed a total of ten percent of direct costs of such
Work. When, in City's opinion, the cost of any item of Work is excessively high due to
costs incurred to remedy or replace defective or rejected Work, reasonable cost to be
allowed will be the estimated reasonable cost of performing the Work in compliance with
requirements of Contract Documents, and excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on cost of Work performed as determined in the
preceding paragraph, provided that Contractor establishes to City's satisfaction that
Contractor would have made a profit had the Project been completed, and provided further
that the profit allowed shall not exceed 5 percent of cost.
3. Reasonable costs to Contractor of handling material returned to vendors, delivered to City
or otherwise disposed of as directed by City.
4. A reasonable allowance for Contractor's internal administrative costs in preparing
termination claim.
5. Except as provided in this Section, City shall not be liable for costs incurred by Contractor
or Subcontractors after receipt of a notice of termination. Such non - recoverable costs
include, but are not limited to, anticipated profits on Work not performed as of the date of
termination, post - termination employee salaries, post - termination general administrative
expenses, post - termination overhead or unabsorbed overhead, costs of preparing and
submitting Contractor's Bid, attorney's fees of any type, and all costs relating to
prosecution of claim or lawsuit.
City shall have no obligation to pay Contractor under this Section unless and until
Contractor provides City with updated and acceptable as- builts and Project Record
Documents for Work completed prior to termination.
D. In arriving at the amount due Contractor under this clause, there shall be deducted in whole (or in
the appropriate part[s] if the termination is partial):
All unliquidated advances or other payments on account previously made to Contractor,
including without limitation all payments applicable to the terminated portion of Contract
Documents;
Any claim which City may have against Contractor in connection with Contract
Documents; and
The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by
Contractor or sold under provisions of this Section, and not otherwise recovered by or
credited to City.
7.10 Contractor's Cost Data
Contractor shall maintain cost accounting records for the contract pertaining to, and in such a manner as to
provide a clear distinction between, the following six categories of costs of work during the life of the
contact:
A. Direct costs of contract item work.
B. Direct costs of changes in character in conformance with Section 3.3, Change in Work.
C. Direct costs of extra work in conformance with Section 3.3, Change in Work.
D. Direct costs of work not required by the contract and performed for others.
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E. Direct costs of work performed under a notic -. of potential claim in conformance with the provisions
in Section 9.
F. Indirect costs of overhead.
See also section 3.4, Change in Contract Price, regarding cost accounting records for daily extra work.
City shall have the right to inspect, audit, and copy Contractor's books and records related to the Project
wherever located, and to inspect the Site, or other job Site office, and this requirement shall be contained in
the subcontracts of Subcontractors working on Site. Contractor shall maintain in good order and City shall
have the right to inspect and obtain copies of the following documents at all times: all Contract Documents,
all Bid Documents, or other cost reduction proposals, all revisions, and all job progress reports and
photographs maintained by Contractor.
City or any of its duly authorized representatives shall, from start of work until the expiration of 4 years after
filing the Notice of Completion and Acceptance under this Contract or any subcontract under it, have access
to and the right to examine any of Contractor's or subcontractor's payrolls, records of personnel, invoices of
materials, records of plant and equipment costs, and any and all other directly pertinent books, documents,
papers, and records of such Contractor or subcontractors, involving transactions related to said Contract or
subcontracts. In the event State or Federal funds are involved in the financing of the project, the State or
Federal Government shall have the same rights of inspection as City.
The cost accounting records for this Contract shall be maintained separately from other contracts during the
life of this Contract, and for a period of not less than 3 years after the date of acceptance of the Work. If
Contractor intends to file claims against City, Contractor shall keep all required cost accounting records until
complete resolution of all claims has been reached.
7.11 Coordination with Utilities
Not applicable
7.12 Temporary Facilities
Not applicable
7.13 Project Record Documents
Not applicable
7.14 Preconstruction Conference
City will call for and administer Preconstruction Conference at time and place to be announced (usually the
week prior to start of Work).
Contractor and any subcontractors shall attend Preconstruction Conference.
City will distribute copies of minutes to attendees. Attendees shall have 7 Days to submit comments or
additions to minutes. Minutes will constitute final mernorialization of results of Preconstruction Conference.
7.15 Weekly Progress Meeting
City will schedule and administer weekly progress meetings throughout the first month of crossing guard
services, or as needed to determine compliance with these contract documents.
7.16 Right of Way Delays
Not applicable
SECTION 8. MEASUREMENT AND PAYMENT
8.1 Measurement of Quantities
All Work except Work will be paid for at a contract price per unit of measurement and will be measured by
City in accordance with the United States Standard Measures and Metric. Unless otherwise specifically
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provided, City will compute quantities by a method, which, in City's opinion, is best, suited to obtain an
accurate determination.
8.2 Deductions from Payments
City may, at its option and at any time, retain out of any amounts due Contractor, sums sufficient to cover
claims, filed pursuant to Section 3179 et seq. of the Civil Code.
8.3 Progress Payment
Unless otherwise agreed, Contractor shall submit to City, on or before the first (I") day of each month, five (5)
copies of a request for payment for the cost of the Wort: put in place during the period from the 1 st day of the
previous month to the 30th day of the previous month. Such requests for progress payments shall be based
upon prices of all labor and acceptable materials incorporated in the Work up until midnight of the last day of
that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment
request, that payment request may be processed at any time during the succeeding one month period, resulting
in processing of Contractor's payment request being delayed for more than a day for day basis.
City shall retain 0 percent of such estimated value of work done and shall pay to Contractor, while carrying
on the Work, the balance not retained as aforesaid, after deducting there from all previous payments and all
sums to be kept or retained under the provisions of the Contract. However, at any time after 50 percent of the
Work has been completed, if City finds that satisfactory progress is being made, City may make any of the
remaining progress payments in full for actual Work completed, or may withhold any amount up to 0 percent
thereof, as City may find appropriate, based on Contractor's progress. No such estimate or payment shall be
required to be made when, in the judgment of City, the Work is not proceeding in accordance with the
provisions of the Contract, or when, in City's judgment, the total value of the Work done since the last
estimate amounts to less than $1,000. No such estimate or payment shall be considered to be an acceptance
of any defective Work or improper materials. All progress estimates and payments shall be subject to
correction in the final estimate.
Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the payment
request and that Contractor has fulfilled all scheduling requirements of this Document 00700 including updates
and revisions. The certification shall be executed by a responsible officer of Contractor.
8.4 FINAL PAYMENT
As soon as practicable after Final Acceptance of the Work, Contractor shall submit to City five (5) copies of
a final request for payment for the cost of the Work, which request will show deductions for prior payments
and any other amounts to be retained under Section 82, Deduction from Payments. The amount determined
due, less the amount retained, will be paid. This retained amount will not be due or payable until 35 days
after the completion of all of the Work including punch list items and the recording of Notice of Completion
and Final Acceptance in the manner provided by law, and until after Contractor has furnished City a release
of any and all claims by Contractor or Subcontractors (Document 00650) against City arising by virtue of
this Contract, except such claims in definite amounts as Contractor may specifically exempt from the
operation of the release and the furnishing of any guaranty.
8.5 Scope of Payment
Payment for all items of Work at the unit or lump sum price shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the item of Work, and
no additional allowance will be made therefore.
Payment for items of Work which are called for in the Specifications or shown on the Drawings but which
are not separately identified in the Bid form shall be compensated as part of the bid price of one or more of
the items which are listed, and no additional allowance: will be made therefore.
8.6 Substitution Of Securities In Lieu Of Retention
Not Applicable
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8.7
Project No. 2011 -03
Effect of Payment
Payment will be made by City, based on City's observations at the Sites and the data comprising the
Application for Payment. Payment will not be a repre;ientation that City has:
Made exhaustive or continuous on -Site inspections to check the quality or quantity of Work;
Reviewed crossing guard means, methods, techniques, sequences, or procedures;
Reviewed copies of requisitions received from Subcontractors and other data requested by City to
substantiate Contractor's right to payment; or made: examination to ascertain how or for what purpose
Contractor has used money previously paid on account of the Contract Sum.
SECTION 9. CLAIMS BY CONTRACTOR
9.1
General
A Contract Interpretation Disputes:
Should it appear to Contractor that the Work to be performed or any of the matters relative to the
Contract Documents are not satisfactorily detailed or explained therein, or should any questions
arise as to the meaning or intent of the Contract Documents, Contractor shall give written notice to
City. Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the
interpretation of the Specifications shall be referred to City for interpretation and determination.
City shall have the right but not the obligation to affirm or disaffirm any City interpretation of the
Plans or Specifications, which affirmance or disaffirmance shall be final. All issues regarding the
Contract Documents shall be determined by City whose determination shall be final. If Contractor
should disagree with City's determination regarding any aspect of the Contract Documents,
Contractor's sole and exclusive remedy is to file a claim in accordance with this Section.
Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the
Disputed Work (as defined in following paragraphs) to Final Completion.
B Work Disputes:
Should any dispute arise under the Contract Documents respecting the true value of any Work
performed, the implementation of the Work required by the Contract Documents, any Work
omitted, any extra Work which Contractor may be required to perform or time extensions,
respecting the size of any payment to Contractor during the performance of the Contract
Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by
City and its decision shall be final and conclusive. If Contractor disagrees with City's decision,
Contractor's sole and exclusive remedy is to file a claim in accordance with this Section.
Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the
Disputed Work to Final Completion.
The claim notice and documentation procedure described in this Section applies to all claims and
disputes arising under the Contract Documents, including without limitation any claim or dispute by
any Subcontractor or material supplier. All Subcontractor and supplier claims of any type shall be
brought only through Contractor as provided in this Section. Under no circumstances shall any
Subcontractor or supplier make any direct claim against City.
"Claim" means a written demand or written assertion by Contractor seeking, as a matter of right, the
payment of money, the adjustment or interpretation of the Contract Documents terms, or other relief
arising under or relating to the Contract Documents. In order to qualify as a "claim," the written
demand must state that it is a claim submitted under this Section.
A voucher, invoice, payment application, or other routine or authorized form of request for payment
is not a claim under the Contract Documents. If such request is disputed as to liability or amount,
then the disputed Portion of the submission may be converted to a claim under the Contract
Documents by submitting a separate claim in compliance with claim submission requirements.
The provisions of this Section constitute a non judicial claim settlement procedure, and also a claim
presentment procedure by agreement under Section 930.2 of the Government Code, shall survive
City of Cupertino
2011 Contractual
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DOCUMENT 00700 -39
Project No. 2011 -03
termination or completion of the Contract Documents, and may not be changed, waived, modified,
or its requirements reduced absent a written change order approval by City Council. Contractor
shall bear all costs incurred in the preparation and submission of a claim. Pursuant to Government
Code Section 930.2, the one -year period in Government Code section 911.2 shall be reduced to 150
days. Any claims presented in accordance with the Government Code shall affirmatively indicate
Contractor's prior compliance with the claims procedure herein and previous dispositions under
Section 9.2, Procedures, below.
Contractor shall impose the claim notice and 3ocumentation requirements in this Contract on
Contractor's subcontractors of all tiers, and require them to submit to Contractor all claims against
Contractor and/or City within the times and containing the documentation required by this Section.
The claim notice and documentation procedure described in this Section applies to all claims and
disputes arising under the Contract Documents, whether or not specifically referred to in any
specific Portion of the Contract. Government Code Section 930.2 et. seq. applies to this procedure.
9.2 Procedures
Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion
of Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in
Contractor seeking additional compensation in time or money for any reason (collectively "Disputed
Work "), then Contractor and City shall make good faith attempts to resolve informally any and all such
issues, claims and/or disputes. Before commencing the Disputed Work, or within seven (7) Days after
Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor must file a written
notice of the Disputed Work with City stating clearly and in detail its objection and reasons for contending
the Work or interpretation is outside the requirements of the Contract Documents. If a written notice of
Disputed Work is not issued within this time period, o:- if Contractor proceeds with the Disputed Work
without first having given the notice required by this Section, Contractor shall waive its rights to further
claim on the specific issue.
City will review Contractor's timely notice of Disputed Work and provide a decision. If, after receiving the
decision, Contractor disagrees with it or still considers the Work required of it to be outside of the
requirements of the Contract Documents, it shall so notify City, in writing, within seven (7) Days after
receiving the decision that a formal claim will be issued. Within thirty (30) Days of receiving the decision,
Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or
estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to
furnish notification within seven (7) Days and all justifying documentation within thirty (30) Days will result
in Contractor waiving its right to the subject claim. If Disputed Work persists longer than thirty (30) days,
then Contractor shall, every thirty (30) days until the Disputed Work ceases, submit to City a document titled
"Claim Update" which shall update and quantify all elements of the Claim as completely as possible.
Contractor's failure to submit a Claim Update or to quantify costs every thirty (30) days shall result in
waiver of the claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be
determined at a later date shall not comply with this Section and shall result in Contractor waiving its
claim(s).
Upon receipt of Contractor's formal claim including all arguments, justifications, cost or estimates, schedule
analysis, and documentation supporting its position as previously stipulated, City or its designee will review
the issue and render a final determination. City may in its discretion conduct an administrative hearing on
Contractor's claim, in which case Contractor shall appear, participate, answer questions and inquiries, and
present any further evidence or analysis requested by City to evaluate and decide Contractor's claim.
If Contractor's claims at project completion total less than $375,000, then claims resolution shall proceed in
the manner prescribed by Section 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
If such claims exceed $375,000, then Contractor shall prepare a compendium of claims not resolved as a
result of these procedures, and submit them in a claim submitted under the Government Claims Act,
Government. Code Section 901 et seq., for final investigation and consideration of their settlement prior to
initiation of any litigation thereon, as required by Government Code Section 945.4. For all claims under or
over $375,000, pursuant to Government Code Section 930.2, the one -year period in Government Code
Section 911.2 shall be reduced to 150 days.
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DOCUMENT 00700 -40
Project No. 2011 -03
Claims shall be calculated in the same manner as Change Orders per Section 3, Scope of Work. Except
where provided by law, or elsewhere in these contract documents, if applicable, City shall not be liable for
special or consequential damages. Contractor shall be limited in it's recovery on claims to the change order
calculations set forth in Section 3, Scope of Work.
9.3 Claim Format
Contractor shall submit the claim justification in the following format: (a) Cover letter and certification of
the accuracy of the contents of the claim, (b) summary of claim including underlying facts, entitlement,
quantum calculations and Contract Document provisions supporting relief, (c) list of documents relating to
claim including specifications, Plans, clarifications /requests for information, schedules, cost calculations, and
other supporting documents, (d) chronology of events and correspondence, (e) analysis of claim merit, (f)
analysis of claim cost, and (g) attach supporting documents referenced in (c).
9.4 Mediation
All claims not subject to the claim resolution procedures set forth in Section 9.2, Procedures, shall, as a
condition precedent to litigation thereon, first be mediated. Mediation shall be non - binding and utilize the
services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected
by the American Arbitration Association from its panel of approved mediators trained in industry mediation.
All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks
following the mediation's conclusion. All unresolved claims shall be submitted to the same mediator. The
cost of mediation shall be equally shared.
9.5 Exclusive Remedy
Contractor's performance of its duties and obligations specified in this Section and submission and
mediation of a claim as provided in this Section is Contractor's sole and exclusive remedy for the payment of
money, extension of time, the adjustment or interpretation of Contract Documents terms or other contractual
or tort relief arising from the Work. This exclusive remedy and the limitation of liability (expressed herein
and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination,
suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict
liability by City, its representatives, consultants or agents, or the transfer of the Work or the Project to City
for any reason whatsoever. Contractor waives all claims of waiver, estoppels, release, bar, or any other type
of excuse for non - compliance with the claim submission requirements. Compliance with the claim
submission and mediation procedures described in this Section is a condition precedent, and a prerequisite
within the meaning of Section 930.6 of the Government Code, to the right to commence litigation or to seek
to file a Government Code Claim (where applicable) or to commence any other legal action. No claim or
issue not raised in a timely protest and timely claim submitted under this Section may be asserted in any
Government Code Claim, in any subsequent litigation, or in any legal action. If Contractor fails to raise any
claim(s) or issue(s) in a timely protest and timely claim submitted under this Section, then Contractor may
not thereafter assert such claim(s) or issue(s) in any Government Code Claim, subsequent litigation, or legal
action. City shall not be deemed to have waived any provision under this Section, if at City's sole discretion;
a claim is accepted in a manner not in accord with Section.
END OF DOCUMENT
City of Cupertino
2011 Contractual
Crossing guard Services
DOCUMENT 00700 -41
DOCUMENT 00800
SPECIAL CONDITIONS
Project No. 2011 -03
LOCATIONS
The project is located at ten (10) intersections, all in the City of Cupertino, County of Santa Clara. The
intersections are as follows:
•
Blaney & Forest
(Collins Elementary)
•
Blaney & Suisun
(Eaton Elementary)
•
Greenleaf & Stelling
(Garden Gate Elementary)
•
Bubb & Hyannisport
(Kennedy Middle)
•
De Anza Blvd & Mariani
(Lawson Middle)
•
Vista & Merritt
(Lawson Middle)
•
Vista & Stevens Creek Blvd
(Lawson Middle)
•
McClellan @ Lincoln Elementary
(Lincoln Elementary)
•
Bubb & Regnart
(Regnart Elementary)
•
Barnhart & Tantau
(Sedgwick Elementary)
Two other intersections may be added, also in the City of Cupertino, at the "tri- school' area located near the
intersection of McClellan & Bubb. This area serves Monta Vista High, Lincoln and Kennedy Middle
schools.
The City reserves the right to add or delete intersections. The City will provide crossing guard services at ten
(10) to twelve (12) intersections throughout the duration of this agreement.
2. SCOPE OF WORK
The work to be performed under this contract is to provide all labor, materials, tools and equipment
necessary for crossing guard services at various City intersections as described in these Specifications and to
the requirements of the latest edition of the Manual on Uniform Traffic Control Devices California
Supplement, Section 7E.02.
The contractor shall render a full- service program to provide adult crossing guards for the City of Cupertino.
The contractor will administer and coordinate the program. This Agreement will commence July 1, 2011,
and it shall continue until June 30, 2013, unless extended by written mutual agreement of the parties.
The contractor shall recruit, select, and employ crossing guards and alternate crossing guards as required to
provide coverage at each crossing guard post on each day when guards are required in accordance with the
adopted school calendars. The contractor is required to communicate with each school benefiting from
crossing guard services regarding
specific start times and holidays. School specific phone contact
information (subject to change) is as
follows:
Phone N
Collins Elementary
(408) 252 -6002
Eaton Elementary
(408) 25`5 -2848
Garden Gate Elementary
(408) 252 -5414
Kennedy Middle
(408) 253 -1525
Lawson Middle
(408) 25`5 -7500
Lincoln Elementary
(408) 252 -4798
Regnart Elementary
(408) 253 -5250
Sedgwick Elementary
(408) 252 -3103
Morita Vista High School
(408) 366 -7600
The contractor is responsible for the application process and determining the suitability and qualifications of
the guards hired. All crossing guards employed by the contractor to perform services under this contract
City of Cupertino
2011 Contractual
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Project No. 2011 -03
shall meet the qualifications specified in these specifications and according to the latest edition of the
Manual of Uniform Traffic Control Devices.
The contractor shall remove, and replace, any assigned personnel deemed unacceptable by the City.
Replacement personnel shall be assigned immediately after the removal of any personnel.
The contractor shall provide a qualified crossing guard at ten (10) separate locations, as identified by the
City, during specified school hours. During the 2010/2011 school year, approximately 8,200 hours of
crossing guard services were needed to staff the ten (10) school locations. In Document 00457 Proposed
Crossing Guard Schedule, the contractor is to detail hours at each site. Total hours for Bid Item No. 1 are not
exceed 8,200 for the school year. The contractor shall have the capacity to provide crossing guard services at
two alternate locations at the "tri- school area" of McClellan & Bubb if the City deems these additional sites
necessary.
Should a conflict arise between the contract documents and the other referenced standards the latest edition
of the Manual on Uniform Traffic Control Devices California Supplement, Section 713.02 shall prevail.
3. PROGRAM MANAGEMENT
The contractor shall provide a program manager as required to ensure competent and efficient management
of the crossing guard program.
4. FIELD SUPERVISION
The contractor shall hire field supervisors to make on -site visitations at crossing guard sites. One Field
Supervisor shall be responsible for the supervision of no more than twenty five (25) crossing guards. The
contractor shall provide the name and contact information for the Field Supervisor(s) to the City. The
contractor shall conduct on -site visitations to crossing; guards' sites at least three times per school year. The
field supervisor is to contact the Service Center at 408- 777 -3269 prior to each on site visit.
5. MINIMUM STANDARDS FOR ADULT SCHOOL CROSSING GUARDS
Crossing guards provided by the contractor to provide services under this contract shall:
1. Be at least eighteen (18) years of age.
2. Be physically and mentally capable of performing the duties of a crossing guard.
3. Have the ability to give and follow oral instructions.
4. Have the ability to establish and maintain effective working relationships with children, parents,
school officials and law enforcement officials.
5. Have the ability to remain calm and use judgment and initiative in an emergency situation.
6. Be of good moral character.
6. DUTIES OF CROSSING GUARDS
Crossing guards shall:
1. Halt vehicles when necessary by mechanical and hand signal to permit children to cross the
road safely.
2. Maintain order among children assembled at street crossing points and permit them to cross
only when they can do so safely.
3. Use existing gaps in traffic to help students cross safely. When the natural traffic flow does not
allow enough time for children to safely cross a street, the guard shall create gaps by stopping
traffic temporarily.
4. Communicate in real time, when applicable, with other adjacent crossing guards to properly
coordinate the temporary stopping of traffic between intersections. Purpose of communication
is to maximize pedestrian flow, while minimizing the temporary stopping of traffic.
5. Be the first person in the street and the last person out of the street.
6. Report to the Santa Clara County Sheriff the license plate numbers of motor vehicles who
violate traffic laws or crossing guard instructions.
7. Make children aware of the elements of traffic safety and operation of pedestrian controls.
8. Report to school authorities the names cf children who do not follow safety regulations.
9. Wear a reflective traffic safety vest at all times when on duty.
City of Cupertino
2011 Contractual
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Project No. 2011 -03
BACKGROUND CHECK & SECURITY CLEARANCE FOR CROSSING GUARDS
The contractor shall contact employers of the crossing guard applicant for the previous five (5) years.
Personnel reference shall also be checked if the applicant has not been employed during the last five (5)
years. Employment and personal reference checks should be of such a nature as will provide the contractor
with the information necessary to determine if the applicant is capable of performing the duties of a crossing
guard.
All personnel assigned to work in the City of Cupertino must have successfully passed a background check.
The contractor shall provide for fingerprinting each applicant and shall complete a fingerprint identification
card which shall be forwarded within five (5) working days to the California Department of Justice (DOJ).
The contractor shall not employ any person as a crossing guard who has been convicted of a drug offense,
sex offense or a felony, or is otherwise prohibited from working with children.
The contractor shall maintain records of fingerprint identification during the period of this contract and five
(5) years thereafter. Such records shall be available tc the City for review upon request of the City.
8. TRAINING PROGRAM
The contractor shall provide each crossing guard with appropriate training for the position of crossing guard
before assigning a guard to any post. The training program shall include:
General indoctrination concerning rules ,and regulations of employment.
Instructions on the proper handling of required reports.
Crossing guard techniques appropriate to the guard post.
Telephone numbers, and addresses, of the schools served by the crossing guards and local law
enforcement.
Public relations instructions, including the importance of image, dress and appearance, attitude
and general demeanor of a crossing guard.
9. MATERIALS TO BE SUPPLIED BY THE CONTRACTOR
The contractor shall provide each crossing guard with the following equipment:
1. Complete uniform with contractor's identifiable patch or badge (uniform shall be distinctively
different from those worn by regular law enforcement officers).
2. Regulation -size, hand -held stop sign.
3. Brass or plastic whistle.
4. Retro - reflective traffic safety vest.
5. High visibility rain coat.
6. Two way radio for crossing guards providing contract work with 500 feet of each other.
7. Cellular phone.
10. CONTRACTORS QUALIFICATIONS
The Contractor bidding on this project must have at least three years of experience providing crossing guard
services, preferably for a City comparable to Cupertino in size.
11. ESTIMATED QUANTITIES
Item Description
Adult Crossing guard
(locations 1 -10)
Adult Crossing guard
(locations 11 & 12)
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
12. EXPLANATION OF BID ITEM NO. 1 — ADULT CROSSING GUARD (LOCATIONS 1 -10)
The price bid per unit measure of work shall include all cost for supervision, adult crossing guard labor,
equipment, incidentals, overhead costs and direct expenses and materials necessary for maintenance to
satisfactorily complete crossing guard services in accordance with these Contract documents.
Any item shown described in these provisions and not specifically listed as a bid item shall be considered as
included in this bid items and no additional compensation will be allowed. City may at its sole discretion add
or delete any designated crossing site location. Throughout the duration of this contract, a minimum of ten
(10) sites will receive crossing guard services. Total hours for Bid Item No. 1 are not exceed 8,200 for the
school year. If in the event a location is deleted and an alternate location added, any required and mutually
agreed additional time at the new site will be compensated at the established hourly rate.
EXPLANATION OF BID ITEM NO. 2 — ADULT CROSSING GUARD (LOCATIONS 11 &
12)
The price bid per unit measure of work shall include all cost for supervision, adult crossing guard labor,
equipment, incidentals, overhead costs and direct expenses and materials necessary for maintenance to
satisfactorily complete crossing guard services in accordance with these Contract documents.
Any item shown described in these provisions and not specifically listed as a bid item shall be considered as
included in this bid items and no additional compensation will be allowed. City may at its sole discretion add
or delete any designated crossing site location. Locations I 1 & 12 may be deleted in their entirety with no
payment and no penalty to the City.
13. CONTRACT SECURITY
The Contractor shall furnish a surety bond in the amount equal to four months of the Contract price as
security for the faithful performance of the Contract.
14. TIME OF COMPLETION /LIQUIDATED DAMAGES
This contract begins on July 1, 2011 and crossing guard services will commence at the beginning of the
school year.
The Contractor shall diligently prosecute the work and said work shall be completed on the school
coordinated days and at the school specified times, excluding holidays. Contractor is required to
communicate and coordinate with the various listed schools.
The Contractor shall diligently prosecute the work to completion as scheduled. Liquidated damages shall be
$500 for each and every day that services are not completed on time and/or designated crosswalk areas are
omitted and $50 for each event where it is observed over a 30 minute time period that the crossing guard is
not properly staging pedestrians in a manner consistent with these contract documents.
These amounts 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.
15. TERM OF AGREEMENT
With satisfactory performance by the contractor, the term of this agreement shall be two (2) years from the
start date of the agreement. The City shall retain the option to extend the term of the agreement for an
additional two (2) years, for a possible total of four (4) years. Contractor performance will be documented
weekly by the Street / Fleet Supervisor, with deficiencies communicated to the contractor. An annual review
of contractor performance will be completed by March 31 of each year. Satisfactory performance will be
achieved if annual liquidated damages are less than $500.
Any such renewal after the first two years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the
same provisions as the original agreement, including an increase or decrease in compensation paid to the
Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage
change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made. The CPI
City of Cupertino
2011 Contractual
Crossing guard Services
Project No. 2011 -03
shall be the San Francisco /Oakland /San Jose Consumer Price Index for all urban wage earners. There will
be no CPI adjustment during the first two -year term of the agreement.
At the end of the initial two years of the contract period, and annually thereafter for the duration of the
contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in direct proportion to
the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for June San
Francisco /Oakland/San Jose area for all urban wage earners shall be used.
The City shall have the authority to suspend this agreement, wholly or in part, for such period as deems
necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any
provisions of this agreement.
16. HOURS OF WORK
Crossing guard services are to be coordinated with the start times of the various schools benefiting from this
contract. The contractor is to coordinate with each school to confirm schedules. Crossing guards are to be in
place no later than fifteen (15) minutes prior to the start of each respective school day. Crossing guards are to
be in place for a minimum of fifteen (15) minutes at the end of each respective school day. Coordination of
school start and end times will include minimum days or any other day where the schedule is not typical
and/or scheduled off. It is expected that each school crosswalk site benefiting from crossing guard services
will have a minimum of four hours crossing guard time assessed per school day.
17. HOLIDAYS
Refer to the Cupertino Union School District website ,http:/ /cupertino.ca.campusgrid.net) and the Fremont
Union High School District website (www.fuhsd.org) for expected holiday schedules.
18. ITEMS AND WORK NOT SPECIFICALLY INCLUDED IN A DESCRIPTION
It is specifically pointed out that any and all items and /or work called for in the specifications, and not
included in a description or a specific bid item, shall be included by the bidder in bid item no. 1 and no
special compensation will be allowed. This includes, but is not limited to, providing of all safety
requirements or work and materials required to provic.e public convenience and public safety, etc.
Prior to beginning any extra work for the project the Contractor is required to have a signed authorization
form from the City.
19. PUBLIC CONVENIENCE AND SAFETY
The Contractor shall conduct their operations so as to cause the least possible obstruction and inconvenience
to public.
20. PAYMENT
In order to request payment, Contractor shall submit monthly invoices to the City identifying the services
performed and the charges for hours worked and hourly rates based upon the agreed unit cost. Contractor
shall invoice monthly for actual services completed and payment shall be made monthly, provided that the
work performed is to the satisfaction of the City. No payment will be made for months where no work
occurred.
21. QUESTIONS
Any questions regarding these specifications should be directed to City of Cupertino, Assistant Director of
Public Works, Roger Lee at (408) 777 -3350.
22. RESPONSIBILITY OF CONTRACTOR
The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the
Contractor, agents or employees.
The entire responsibility for any and all injury to the ' public, to individuals and to property resulting directly
or indirectly from the performance of the work hereunder shall rest upon the Contractor, and Contractor
City of Cupertino
2011 Contractual
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Project No. 2011 -03
agrees to indemnify, expense, claims, costs, suits and damages arising out of the negligence on the part of
the Contractor.
City of Cupertino
2011 Contractual
Crossing guard Services