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BEGIN
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Project No. 2011 -02
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DOCUMENT 00520 -t� 30
CONTRACT
THIS CONTRACT, dated this day of _, 2011 , by and between
[Name of Contractor] whose place of business is located at
[Address of
Contractorl ( "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 -02
2011 CONTRACTUAL STREET SWEEPING 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 date 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 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. Contractor performance will be documented
weekly by the Street / Fleet Supervisor, with deficiencies communicated to the contractor. An annual
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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 $5,000, annual callbacks are less than $1,000
and annual weekly sweeper log statement assessments are less than $200.
Any such renewal after the first five years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 180 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 (CP 1) 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 $1000 for each and every day that services are not completed on time and/or streets are omitted.
Omitted streets must be swept by the following day.
3.2.2 In case of breakdown by main sweeper, immediate service with one hour by a second sweeper is
required to complete the daily schedule. If down for more than one hour, liquidated damages will
be assessed at the rate of One Hundred Dollars ($100.00) per hour for each hour above and beyond
one hour.
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.
Contractor should be aware that California Department of Fish and Game, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and
endangered species protection requirements.
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, to , iants, or other third - parties), and defense costs thereof.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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
ARTICLE 5. CONTRACTOR'S REPRESENTATIONS
In order to induce City to enter into this Contracl, 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 sweeping 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 stadies 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
City of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification
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 public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, 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 public works 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
City of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
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 tl 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.
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.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
2011 CONTRACTUAL STREET SWEEPING SERVICES
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of [_Contractor's name_I
the State of California
It
[Signature]
Attest:
[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: By:
[Signature]
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:
[Please print name here]
Title-
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
State Contractor's License No. Classification
David W. Knapp, City Manager of the City of Cupertino, a Expiration Date
Municipal Corporation of the State of California
Designated Representative:
Name: Roger S. Lee
Title: Assistant Director of Public Works
Address: 10555 Mary Ave., Cupertino, CA 95014
Phone: 408 - 777 -3269
Facsimile: 408 - 777 -3399
AMOUNT: $
ACCOUNT NUMBERS:
FILE NO.:
Taxpayer ID No.
Name:
Title:
Address:
Phone:
Facsimile:
NOTARY ACKNOLEDGEMENT IS
REQUIRED. IF A CORPORATION,
CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND
FEDERAL TAX ID ARE REQUIRED. IF NOT A
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
CORPORATION SOCIAL SECURITY NO. IS
REQUIRED
END OF DOCUMENT
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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
Street Sweeping Services
Project No. 2011 -02
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 Ratng or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of sweeping,
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 coverzges 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
Street Sweeping Services
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
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)
M
Dated:
20
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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 Aggregate
$
(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
AUTOMOTIVENEHICLE LIABILITY BODILY 114JURY PROPERTY DAMAGE
Commercial Form Eai:h Person Each Accident
Liability Coverage
Each Accident
(name of insurer)
$ or
Combined Single Limit $
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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 requirem .ant, 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.
IM
Dated: 20
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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: 20
4. Insured:
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.
I (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this
Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:
Title:
Address:
Telephone:
Facsimile:
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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 INSUI:ANCE applies separately to the project described as
POLICY INFORMATION
Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement:
4. Insured:
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
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
Street Sweeping Services
Project No. 2011 -02
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 injury, including death resulting therefrom, sustained by
any employee of the insured, arising out of the performance of the above - referenced Contract.
POLICY INFORMATION
1. Insurance Company:
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
Street Sweeping Services
Project No. 2011 -02
DOCUMENT 00550
NOTICE TO PROCEED
Dated: 1 2011
Ono
(Contractor)
Address:
CONTRACT FOR:
PROJECT NUMBER 2011 -02
2011 CONTRACTUAL STREET SWEEPING 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. Submit approved fire protection plan, if applicable
4. Provide a complete list sweepers with manufacturers specifications
CITY OF CUPERTINO, a Municipal Corporation of the State of California
M.
Its:
END OF DOCUMENT
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
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 Street
Sweeping Services Contract listed below. This Bond consists of this page and the Bond Terms and Conditions,
paragraphs 1 through 12, attached to this 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
Principal Place of Business
City/State /Zip
Name
Address
City /State /Zip
CONTRACT:
2011 CONTRACTUAL STREET SWEEPING SERVICES
PROJECT NUMBER 2011 -02
at Cupertino, California.
DATED , 20 in the Amount of S (the "Penal
Sum ")
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) 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
Street Sweeping Services
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
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.
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 Ci 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 select 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 ci, ,-cumstances, 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. At 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 darr,ages, advance critical work to mitigate schedule delay,
or coordinate work with other consultants or contractors.
6. 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
Street Sweeping Services
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
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.
8. 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 way 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 t11e 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
Street Sweeping Services
Addendum No. I (May 2, 2011)
Project No. 2011 -02
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.
RECITA
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
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 o f 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
Street Sweeping Services
Project No. 2011 -02
4. 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 Descript 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
Guarantees and warranties for the Work, ar,.d any other continuing obligation of Contractor, shall
remain in full force and effect as specified in the Contract Documents.
Contractor shall immediately defend, indenmify 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, --xcept for the Disputed Claims set forth in paragraph 4
of this Document 00650.
8. 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.
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
Street Sweeping Services
Project No. 2011 -02
* * * 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
Date
20
END OF DOCUMENT
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
To: The City of Cupertino,
A Municipal Corporation of the State of California ( "City")
Project: 2011 CONTRACTUAL STREET SWEEPING SERVICES
Contractor:
Subcontractor /Supplier:
Drawing Sheet Reference /Detail
The undersigned Bidder submits for consideration the followi: equipment instead of the specified item for the
above project:
DOCUMENT 00660
Substitution Request Form
Section Paragraph Specified Item
Proposed Substitution:
The undersigned encloses the information required herein. If this Document 00660 is being submitted by a Bidder
wishing to use "or equal" item(s) as provided in Document 00200 (Instructions to Bidders), the undersigned Bidder
must also enclose the technical information (other than cost) otherwise required for a post -Award of Contract
Request for Substitution ( "RFS ") under Section 00700 (General Conditions). However, If this Document 00660 is
being submitted under provisions of Contract Documents after Award of Contract, the undersigned Contractor must
include all information required under Section 00700 (General Conditions).
The undersigned has (a) attached manufacturer's literature, including complete technical data and laboratory test
results, if applicable, (b) attached an explanation of why proposed substitution is a true equivalent to specified item,
(c) included complete information on changes to Drawings and Specifications that the proposed substitution will
require for its proper installation, and (d) filled in the blanks below:
A. Are the manufacturer's guarantees and warranties on the proposed substitution items identical to those on
the specified items? If there are differences, please specify each and every difference in detail.
B. What effect does the substitution have on other contractors, trades, or suppliers?
City of Cupertino
2011 Contractual
Street Sweeping Services
006E�0 - 1
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
C
What are the differences between the proposed substitution and the specified item? If proposed substitution
has a color or pattern, provide a color board showing proposed substitution in relation to the other adjacent
colors and patterns.
D. Will granting the requested substitution cause any schedule delay? (If yes, please explain)
The undersigned Bidder certifies that the function, appearance, and quality of the proposed substitution are
equivalent or superior to those of the specified item.
Submitted by:
Bidder /Contractor
[note applicable]
Signature
Name
Address
City/State /Zip
Telephone:
Date:
For Use by City:
Accepted Accepted as Noted
Not Accepted
By: _
City's Representative
Date:
Remarks:
Received Too Late
END OF DOCUMENT
City of Cupertino
2011 Contractual
Street Sweeping Services 00660-2
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
DOCUMENT 00700
GENERAL CONDITIONS
TABLE OF CONTENTS
SECTION PAGE
SECTION 1. INTERPRETATION OF CONTRACT
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -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
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
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 -26
3.6
Changed Site Conditions
700 -26
3.7
Cost Reduction Incentive
700 -26
3.8
Dust Control
700 -27
3.9
Excavation Safety Plans
700 -27
3.10
Asbestos - Related Work
700 -28
3.11
Substitutions
700 -28
3.12
Hazardous Materials / Waste
700 -28
3.13
Inert Solids and Plant Materials Recycling
700 -28
3.14
Storm Water Pollution Control
700 -28
SECTION 4.
CONTROL OF WORK
4.1
Authority of City of Cupertino
700 -31
4.2
Submittals
700 -31
4.3
Conformity with Contract Documents and Allowable Deviations
700 -35
4.4
Order of Work
700 -35
4.5
Drawings and Data to be Furnished by City
700 -35
4.6
Superintendence
700 -35
4.7
Character of Workers
700 -35
4.8
Layout of Work and Surveys
700 -35
4.9
Warranty and Inspection
700 -35
4.10
Defective and Unauthorized Work
700 -36
4.11
Construction Equipment and Pliant
700 -37
4.12
Substantial Completion, Final Completion and Final Acceptance
700 -37
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -1
Project No. 2011 -02
SECTION 5. CONTROL OF MATERIALS
5.1
Source of Supply and Quality of Materials
700 -37
5.2
City- Furnished Materials
700 -37
5.3
Storage of Materials
700 -37
5.4
Defective Materials
700 -37
5.5
Plant Inspection
700 -37
5.6
Certificates of Compliance
700 -37
5.7
State Specification Numbers
700 -37
5.8
Testing
700 -37
SECTION 6.
LEGAL RELATIONS AND RESPONSIBILITY
6.1
Laws to be Observed
700 -37
6.2
Labor Discrimination
700 -37
6.3
Employment of Labor
700 -38
6.4
Prevailing Wages
700 -38
6.5
Hours of Labor and Work
700 -38
6.6
Apprentices
700 -38
6.7
Permits and Licenses
700 -38
6.8
Patents and Copyrights
700 -38
6.9
Public Safety and Traffic Control
700 -38
6.10
Accident Prevention
700 -39
6.11
Explosives and Stream Pollution
700 -39
6.12
Fire Protection Plan
700 -39
6.13
Interference with Fire Hydrants, Highways and Fences
700 -39
6.14
Preservation of Property
700 -39
6.15
Contractor's Responsibility for Work
700 -40
6.16
Indemnification
700 -40
6.17
Payment of Taxes
700 -40
6.18
Cooperation with Others
700 -41
6.19
Property Rights in Materials
700 -41
6.20
Rights in Land and Improvements
700 -41
6.21
Title to Materials Found on the Work
700 -41
6.22
Trespass
700 -41
6.23
Subcontracting
700 -41
6.24
Tunnel Construction Safety
700 -42
6.25
Cultural Resources
700 -42
6.26
Sound Control
700 -42
6.27
Site Security
700 -42
6.28
Public Facilities
700 -42
6.29
Legal Actions Against the City
700 -43
6.30
Limit of Liability
700 -43
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1
Assignment
700 -43
7.2
Notice to Proceed
700 -43
7.3
Commencement of Work
700 -43
7.4
Work Progress Schedule
700 -43
7.5
Temporary Suspension of Work
700 -43
7.6
Liquidated Damages
700 -44
7.7
Termination of Control
700 -44
7.8
Termination of Contract for Cause
700 -44
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -2
Project No. 2011 -02
7.9
Termination of Contract for Convenience
700 -44
7.10
Contractor's Cost Data
700 -46
7.11
Coordination with Utilities
700 -47
7.12
Temporary Facilities
700 -47
7.13
Project Record Documents
700 -47
7.14
Preconstruction Conference
700 -47
7.15
Weekly Progress Meeting
700 -47
7.16
Right of Way Delays
700 -47
SECTION 8.
MEASUREMENT AND PAYMENT
8.1
Measurement of Quantities
700 -47
8.2
Deductions from Payments
700 -48
8.3
Progress Payment
700 -48
8.4
Final Payment
700 -48
8.5
Scope of Payment
700 -48
8.6
Substitution of Securities in Lieu of Retention
700 -49
8.7
Effect of Payment
700 -49
SECTION 9.
CLAIMS BY CONTRACTOR
9.1
General
700 -49
9.2
Procedures
700 -50
9.3
Claim Format
700 -51
9.4
Mediation
700 -51
9.5
Exclusive Remedy
700 -51
END OF TABLE OF CONTENTS
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -3
Project No. 2011 -02
ABBREVIATIONS AND 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 Associatior.
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
CCD
Construction 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
Street Sweeping Services
DOCUMENT 00700 -4
ABBREVIATIONS —in Specifications
AWG
Project No. 2011 -02
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 Association
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
Street Sweeping 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 -02
"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
Street Sweeping Services
DOCUMENT 00700 -6
DEFINITIONS
Project No. 2011 -02
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 words 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 signed 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
Street Sweeping Services
DOCUMENT 00700 -7
Project No. 2011 -02
Concealed: Work not exposed to view in the finished Work, including within or behind various elements.
Contract: (Document 00520): Contract is the basic agreement document that binds the parties to 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 th, %s 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: C, ty'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.
Equipment. Equipment incorporated or to be incorporated into the project.
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -8
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
Exposed: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other
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 satisfactorily 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 performance 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 the Contract Documents.
Material: This word shall be construed to embrace machinery, manufactured articles, materials of construction
(fabricated or otherwise), 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 DOCUMENT 00700 -9
Street Sweeping Services
Project No. 2011 -02
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 minimize 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 to City with progress payment invoices accompanying
actual work accomplished to the Progress Schedule. See Document 00700 (General Conditions).
Project. Sweeping of City Streets.
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 Party 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
Street Sweeping Services
F AddendumNo. 1 (May 2, 2011)
Project No. 2011 -02
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 ,lot substantially change Drawings or Specifications.
Supplier/Vendor: 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 the 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 construction of buildings or portions of buildings, to determine if such
construction 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 Work or of the various separately identifiable parts thereof required to be furnished under
the Contract Documents within the Contract Time. Work includes and is the result of performing or furnishing
administrative services, labor and professional services, furnishing sweeping equipment and performing sweeping
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 publi: holidays, unless specifically modified to the contrary.
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -11
Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
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
Street Sweeping Services
DOCUMENT 00700 -12
SECTION 1. INTERPRETATION OF CONTRACT
1.1 Precedence of Contract
Project No. 2011 -02
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 tf,ese 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
Street Sweeping Services DOCUMENT 00700 -13
Project No. 2011 -02
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 Fina'.. 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 caked 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
Street Sweeping Services
DOCUMENT 00700 -14
Project No. 2011 -02
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 street sweeping of all, City streets in accordance to this Contract. 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 and that only materials and workmanship of first class quality are
to be used.
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. Work of this nature may include, but is not limited to, such items as flagmen, water, all safety
requirements, or work and materials required to provide public convenience and safety, barricades, lights,
vehicular detours, and pedestrian walkways.
See Document 00800 for more detail of work and requirements.
3.2 Cleaning
Not applicable
Disposal of Materials:
1. As part of the scope of Work included within the Contract Sum, Contractor shall have the
option to dispose of non - hazardous material resulting from the Work at the City of Cupertino
Service Yard located at 10555 Mary Avenue.
2. If contractor elects not to dispose of material at the Service Yard all waste materials shall be
disposed of at sites to be chosen by Contractor in accordance with applicable local, state, and
federal regulations.
3. During heavy leaf fall times, contractor will be allowed to dump at a City selected site other
than the Service Yard. At these times, the City will provide at no cost to the contractor roll off
bins that will be loaded periodically by City personnel.
Servicing of Equipment:
1. Contractor may not use the Service Yard to make major repairs of sweeping equipment. Minor
repairs of limited duration and switch out of brooms are permitted.
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. In 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, furnish 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. I (May 2, 2011) 1 F DOCUMENT 00700 -15
Project No. 2011 -02
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
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 CD 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 forms; 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.
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 RFI'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 of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. 1 (May 2, 201 1) DOCUMENT 00700 -16
Project No. 2011 -02
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 clay, 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
of the right to file a Cost Proposal or Claim.
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 street sweeping 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 until 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -17
Project No. 2011 -02
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.
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.
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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.
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 will 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 ariount or cost of Work based on time and materials in
accordance with Section 3.4.
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:
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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 retuminl; 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.
See Document 00800 for more detail.
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
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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.
C. On the basis of the cost of Work based on Time and Materials plus a Contractor's fee for
overhead and profit, in accordance with this Section.
B Cost of Work (Based on Time and Materials)
The term "cost of Work" means the sum of all costs necessarily incurred and paid by Contractor for
labor, materials, and equipment in the proper performance of Work. Except as otherwise may be
agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the
locality of the project.
Labor:
The cost of labor used in performing Work by Contractor, a Subcontractor, or other forces, will be
the sum of the following:
The actual wages paid plus any employer payments to or on behalf of workers for fringe benefits,
including health and welfare, pension, vacation, and similar purposes, not overlapping with the
labor surcharge described below. The cost of labor may include the wages paid to foremen when it
is determined by City that the services of foremen do not constitute a part of the overhead
allowance.
There will be added to the actual wages as defined above, a percentage set forth in the latest "Labor
Surcharge and Equipment Rental Rates" in use by the California State Department of
Transportation which is in effect on the date upon which the work is accomplished. This percentage
shall constitute full compensation for all payments imposed by State and Federal laws including, but
not limited to, workers' compensation insurance and Social Security payments.
The amount paid for subsistence and travel required by collective bargaining agreements.
For equipment operators, payment for the actual cost of labor and subsistence or travel allowance
will be made at the rates paid by Contractor to other workers operating similar equipment already
on the work, or in the absence of such labor, established by collective bargaining agreements for the
type of workers and location of the extra work, whether or not the operator is actually covered by
such an agreement. A labor surcharge will be added to the cost of labor described herein, in
accordance with the provisions of this Section, which surcharge shall constitute full compensation
for payments imposed by State and Federal laws, and all other payments made to on behalf of
workers other than actual wages.
Materials:
The cost of materials used in performing Work will be the cost to the purchaser, whether Contractor
or subcontractor, from the supplier thereof, except as the following are applicable:
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Trade discounts available to the purchaser shall be credited to City notwithstanding the fact that
such discounts may not have been taken by Contractor.
For materials secured by other than a direct purchase and direct billing to the purchaser, the cost
shall be deemed to be the price paid to the actual supplier as determined by City. Markup, except
for actual costs incurred in the handling of such materials, will not be allowed.
Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the
price paid by the purchaser for similar materials from said sources on extra work items or the
current wholesale price for such materials delivered to the Work Site, whichever price is lower.
If, in the opinion of City, the cost of material is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest
current wholesale price for the quantity concerned delivered to the work Site, less trade discount.
City reserves the right to furnish materials for the extra work and no claim shall be made by
Contractor for costs and profit on such materials.
3 Equipment:
Contractor will be paid for the use of equipment at the rental rate listed for such equipment
specified in the current edition of the Department of Transportation publication entitled, "Labor
Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is
accomplished. Such rental rates will be used to compute payments for equipment whether the
equipment is under Contractor's control through direct ownership, leasing, renting, or another
method of acquisition. The rental rate to be applied for use of each item of equipment shall be the
rate resulting in the least total cost to City for the total period of use. If it is deemed necessary by
Contractor to use equipment not listed in the foregoing publication, an equitable rental rate for the
equipment will be established by City. Contractor may furnish cost data, which might assist City in
the establishment of the rental rate.
The rental rates paid, as above provided, shall include the cost of fuel, oil, lubrication supplies,
small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage,
insurance, and all incidentals. Operators of equipment will be separately paid for as provided in this
Section 3.4, "Labor ".
All equipment shall be in good working condition and suitable for the purpose for which the
equipment is to be used.
Before sweeping equipment is used on the extra work, Contractor shall plainly stencil or stamp an
identifying number thereon at a conspicuous location, and shall furnish to City, in duplicate, a
description of the equipment and its identifying number.
Unless otherwise specified, manufacturer's ratings and manufacturer- approved modifications shall
be used to classify equipment for the determination of applicable rental rates. Equipment, which has
no direct power unit, shall be powered by a unit of at least the minimum rating recommended by the
manufacturer.
Individual pieces of equipment or tools having a replacement value of $500 or less, whether or not
consumed by use, shall be considered to be small tools and no payment will be made therefore.
4 Owner- Operated Equipment:
When owner - operated equipment is used to perform Work and is to be paid for as extra work,
Contractor will be paid for the equipment and operator as follows:
Payment for the equipment will be made in a; cordance with the provisions of Section 3.4,
"Equipment."
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Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by
Contractor to other workers operating similar equipment already on the project, or, in the absence of
such other workers, at the rates for such labor established by collective bargaining agreement for
type of worker and location of the work, whether or not the owner- operator is actually covered by
such an agreement. A labor surcharge will be added to the cost of labor described herein, in
accordance with the provisions in Section 3.4. "Labor."
To the direct cost of equipment rental and labor, computed as provided herein, will be added the
markup for equipment rental and labor as provided in Section 3.4, "Contractor's Fee."
Equipment Time:
The rental time to be paid for equipment on the Work shall be the time the equipment is in
productive operation on the Work being performed and shall include the time required to move the
equipment to the new location and return it to the original location or to another location requiring
no more time than that required to return it to its original location; except that moving time will not
be paid if the equipment is used on other than the extra work. Loading and transporting costs will be
allowed, in lieu of moving time, when the equipment is moved by means other than its own power.
No payment will be made for loading and transporting costs when the equipment is used at the Site
of the extra work on other than the extra work. The following shall be used in computing the rental
time of equipment on the work:
A. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be
considered to be ' / 2 -hour of operation, and any part of an hour in excess of 30 minutes will
be considered 1 -hour of operation.
B. When daily rates are listed, operation for any part of a day less than 4 hours shall be
considered to be half -day of operation.
C. Rental time will not be allowed whi'.e equipment is inoperative due to breakdowns or
Contractor caused delays.
Cost of Work Documentation:
Contractor shall furnish City Daily Extra Work Reports on a daily basis covering the direct costs of
labor and materials and charges for equipment whether furnished by Contractor, subcontractor, or
other forces. City will provide the Daily Extra Work Report forms to Contractor. Contractor or an
authorized agent shall sign each Daily Extra Work Report. The Daily Extra Work Report shall
provide names and classifications of workers and hours worked; size, type, and identification
number of equipment; and the hours operated. Copies of payrolls shall substantiate labor charges.
Valid copies of vendor's invoices shall substantiate material charges.
City will make any necessary adjustments. When these reports are agreed upon and signed by both
parties, they shall become the basis of payment for the Work performed, but shall not preclude
subsequent adjustment based on a later audit.
Contractor shall inform City when extra work will begin so that City inspector can concur with the
Daily Extra Work Reports. Failure to conform to these requirements may impact Contractor's
ability to receive proper compensation.
Detours:
Not applicable
8 Special Services
Special services are defined as that work characterized by extraordinary complexity, sophistication,
or innovations, or a combination of the foregoing attributes, which are unique to the sweeping
industry. The following may be considered by City in making estimates for payment for special
services:
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Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
A. When City and Contractor, by agreement, determine that a special service is required
which cannot be performed by the forces of Contractor or those of any of its
subcontractors, the special service may be performed by an entity especially skilled in the
work to be performed. After validation of invoices and determination of market values by
City, invoices for special services based upon the current fair market value thereof may be
accepted without complete itemization of labor, material, and equipment rental costs.
B. When Contractor is required to perform work necessitating special fabrication or
machining process in a fabrication or a machine shop facility away from the job -Site, the
charges for that portion of the work performed at the off Site facility may, by agreement,
be accepted as a special service and accordingly, the invoices for the work may be
accepted without detailed itemization.
C. All invoices for special services will be adjusted by deducting all trade discounts offered or
available, whether the discounts were taken or not. In lieu of the allowances for overhead
and profit on labor, materials, and equipment specified in Section 3.4 "Contractor's Fee ",
herein, a single allowance of ten (10) percent will be added to invoices for special services.
Contractor's Fee
A. Work ordered on the basis of time and materials will be paid for at the actual and necessary
cost as determined by City, plus allowances for overhead and profit which allowances shall
constitute the "Contractor's Fee ". For extra work involving a combination of increases and
decreases in the work, the actual necessary cost will be the arithmetic sum of the additive
and deductive costs. The allowance for overhead and profit shall include compensation for
superintendence, bond and insurance premiums, taxes, all field and home office expenses,
and all other items of expense or cost not included in the cost of labor, materials, or
equipment provided for under Sections 3.4, "Cost of Work", herein. The allowance for
overhead and profit will be made in accordance with the following schedule:
Actual and Necessary Cost
Overhead and Profit Allowance
Labor ............................. .............................33 percent
Materials .......................... ............................... 15 percent
Equipment .......................... ............................. percent
B. Labor, materials, and equipment may be furnished by Contractor or by the subcontractor
on behalf of Contractor: When all o part of the extra work is performed by a
subcontractor, the allowance specified in "Contractor's Fee" shall only be applied to the
labor, materials, and equipment costs of the subcontractors to which Contractor may add 5
percent of the subcontractor's total cost for the extra work. Regardless of the number of
hierarchical tiers of subcontractors, the 5 percent increase above the subcontractor's total
cost, which includes the allowances for overhead and profit specified herein, may be
applied one time only for each separate work transaction.
10 Compensation for Time Extensions
Adjustments in compensation for time extension will be allowed only for causes identified in
Section 3.5, Changes in Contract Time. No adjustments in compensation will be allowed when
City- caused delays to a controlling item of work and Contractor- caused delays to a controlling item
of work occur concurrently, or for causes identified in Section 3.5 Changes in Contract Time.
Compensation for idle time of equipment will be determined in accordance with the provisions in
Section 3.4, Owner —Operated Equipment.
11 Force - Account Work
If it is impracticable because of nature of Work, or for any other reason, to fix an increase or
decrease in price definitely in advance, the Contractor may be directed to proceed at a not -to- exceed
(NTE) maximum price which shall not under any circumstances be exceeded. Subject to such
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limitation, such extra Work shall be paid for at actual necessary cost for Force - Account Work or at
the negotiated cost, as determined by City. The cost for Force - Account Work shall be determined
pursuant this Section.
Force - Account Work shall be used when it is not possible or practical to price out the changed
Work prior to the start of that Work. In these cases, Force - Account Work will be utilized during the
pricing and negotiation phase of the change. Once negotiations have been concluded and a bilateral
agreement has been reached, the tracking of the Work under Force - Account is no longer necessary.
Force - Account Work shall also be used when negotiations between City and Contractor have
broken apart and a bilateral agreement on the value of the changed Work cannot be reached. City
may approve other uses of Force - Account Work.
Whenever any Force - Account Work is in progress, definite price for which has not been agreed on
in advance, Contractor shall report to City each Business Day in writing in detail amount and cost
of labor and material used, and any other expense incurred in Force - Account Work on preceding
Day, by using the Cost Proposal form attached hereto. No claim for compensation for Force -
Account Work will be allowed unless report shall have been made.
Whenever Force - Account Work is in progress, definite price for which has not been agreed on in
advance, Contractor shall report to City when 75 percent of the NTE amount has been expended.
Force - Account Work shall be paid as extra Work under this Section. Methods of determining
payment for Work and materials provided in this Section shall not apply to performance of Work or
furnishings of material that, in judgment of City, may properly be classified under items for which
prices are otherwise established in Contract Documents.
12 Overhead Defined
The following constitutes charges that are deemed included in overhead for all Contract
Modifications, including Force - Account Work or CD Work, whether incurred by Contractor,
Subcontractors, or suppliers, and Contractor shall not invoice or receive payment for these costs
separately:
A. Routine field inspection of Work proposed
B. General Superintendence
C. General administration and preparation of cost proposals, schedule analysis, change orders
and other supporting documentation as necessary
D. Computer services
E. Reproduction services
F. Salaries of project manager, superintendent, timekeeper, storekeeper and secretaries
G. Home office expenses
H. Insurance and Bond premiums
I. Procurement and use of vehicles and fuel used coincidentally in Work otherwise included
in the Contract Documents
J. Estimating
K. Handling and disposal fees
L. Other incidental Work
13 Records and Certifications
Force - Account (cost reimbursement) charges shall be recorded daily and summarized in Cost
Proposal form attached hereto. Contractor or authorized representative shall complete and sign
form each day. Contractor shall also provide with the form: the names and classifications of
workers and hours worked by each; an itemization of all materials used; a list by size type and
identification number of equipment and hours operated; and an indication of all Work performed by
specialists. No payment for Force - Account Work shall be made until Contractor submits original
invoices substantiating materials and specialists charges. City shall have the right to audit all
records in possession of Contractor relating to activities covered by Contractor's claims for
modification of Contract, including Force - Account Work and CD Work. Further, City will have
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right to audit, inspect, or copy all records maintained in connection with this Contract, including
financial records, in possession of Contractor relating to any transaction or activity occurring or
arising out of, or by virtue of, the Contract. If Contractor is a joint venture, right of City shall apply
collaterally to same extent to records of joint venture sponsor, and of each individual joint venture
member. This right shall be specifically enforceable, and any failure of Contractor to voluntarily
comply shall be deemed an irrevocable waiver and release of all claims then pending that were or
could have been subject to this Document.
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, performalce 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 street sweeping 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 existing 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.
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The City shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net
savings in sweeping 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
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 sweeping 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 sweeping 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 i'or 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 to cost of sweeping.
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
City of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. 1 (May 2, 2011) DOCUMENT 00700 -27
3.10 Asbestos - Related Work
Not applicable.
3.11 Substitutions
No substitutions are allowed in street sweeping services.
Project No. 2011 -02
3.12 Hazardous Materials / Waste
Comply with Sections 5163 through 5167 of the General Industry Safety Orders (California Code of
Regulations, Title 8) to protect the Site from being contaminated by the accidental release of any hazardous
materials and/or waste.
If Contractor encounters contamination, the following provisions and precautionary measures shall be
implemented during street sweeping services:
Contractor's personnel shall be alert for and immediately report to City any detectable chemical odors,
unusual debris, or discolored materials.
If hazardous materials are encountered, they shall be l-,andled in accordance with applicable local, state, and
federal regulations which may include: (1) CCR Title 8, Division 4, Chapter 4, Section 5192 (Hazardous
Waste Operations and Emergency Response); (2) CCR, Title 22, Division 4.5, Chapters 10 through 13 and
18 (Environmental Health Standards for Management of Hazardous Waste); and (3) CCR Title 23, Division
3, Chapter 15 (Discharges of Waste to Land).
Disposal requirements: Responsibility of City.
Fees: Responsibility of City.
Transport: Responsibility of City.
3.13 Inert Solids and Plant Materials Recycling
Not applicable
Collection of Debris:
Debris from a project in Cupertino can be collected and disposed of in either a:
A. Recology Co. bin (call 725 -4020 to order), OR
B. Bin owned by the project's general contractor or demolition contractor, and hauled by a vehicle
owned and registered to that contractor; (contractor should be prepared to prove ownership) OR
C. Private truck with a bed, but no bin
The Recology Company is the only debris bin service provider franchised to do business in Cupertino.
Bins from other leasing companies may not be used in Cupertino.
Recyclable Materials
Recyclable materials are to be recycled in containers provided by the City.
3.14 Storm Water Pollution Control
In compliance with the State and Federal regulations regarding storm water management during street
sweeping services, no waste materials or pollutants will be allowed to enter the storm drainage system. In
addition to reducing downstream erosion and sedimentation, keeping pollutants and other debris out of storm
drains reduces the direct discharge of materials and wastes to local creeks and San Francisco Bay.
The Contractor shall contain and remove any waste generated by the Contractor's street sweeping operation
using the appropriate Best Management Practices (BMPs) and shall properly dispose of the waste or
pollutants off -site. If solid or liquid waste materials er pollutants originating from the Contractor's operation
enter the storm drain system, the Contractor will be required to thoroughly clean up the affected catch basins,
storm sewer and storm manholes to the satisfaction of the City. If the Contractor fails to meet the
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -28 1
Project No. 2011 -02
requirements of this section, the City will issue a stop -work notice and take necessary action to require the
Contractor to set up the preventive measures or clean tip the storm drainage system as the case may be. All
costs related to the stop -work action and corrective work shall be solely borne by the Contractor.
The following requirements shall be implemented to prevent the pollution of storm water runoff.
General Requirements
Water pollution control work shall conform to the provisions in this Document, the National Pollutant
Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with
Construction Activity No. CAS000002 (NPDES Construction General Permit) and these provisions. For
additional information regarding the requirements of the NPDES Construction General Permit, refer to the
State Water Resources Control Board web site at http://www.swrcb.ca.govlstormwtrlconstruction.html.
The Contractor shall be responsible for the costs and liabilities imposed by law as a result of the Contractor's
failure or negligence in complying with the provisions set forth in this section. For the purposes of this
section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed
against the City or the Contractor, including those levied under the Federal Clean Water Act and the State
Porter Cologne Water Quality Act.
In addition to the remedies authorized by law, partial payments due the Contractor under the contract may be
retained by the City until financial and legal disposition has been made of the costs and liabilities.
The retention of money due the Contractor shall be subject to the following:
A. The City will give the Contractor thirty (30) clays notice of the City's intention to retain funds from
partial payments that may become due to the Contractor prior to acceptance of the contract.
Retention of funds from payments made after acceptance of the contract may be made without prior
notice to the Contractor.
B. No retention of additional amounts out of partial payments will be made if the amount to be retained
does not exceed the amount being withheld fi partial payments pursuant to Section 9 -1.06,
"Partial Payments," of the Standard Provisions.
C. If the City has retained funds and it is subsequently determined that the City is not subject to the
costs and liabilities in connection with the matter for which the retention was made, the City shall
be liable for interest on the amount retained at the legal rate of interest for the period of the
retention.
Conformance with the provisions of this section for this project shall not relieve the Contractor from the
Contractor's responsibilities, as provided in Section 7, "Legal Relations and Responsibilities," of the
Standard Specifications.
Storm Water Pollution Prevention Plan Preparation
The Contractor shall incorporate street sweeping Best Management Practices (BMPs), as applicable, for this
project.
The following requirements shall be met on all projects within the City of Cupertino.
Non Hazardous Material/Waste Management
A. CONTRACTOR shall propose dispose of street sweeping debris at the designated area of the
Service Yard located at 10555 Mary Avenue.
Hazardous Material/Waste Management
A. No hazardous materials may be taken or stored by contractor on City property.
Spill Prevention and Control
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -29
[Addendum No. 1 (May 2, 2011)
Project No. 2011 -02
A. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents,
readily accessible on -site on all sweeper equipment in the event of spills.
B. The CONTRACTOR shall immediately contain and prevent leaks and spills from entering storm
drains, and properly clean up and dispose of the waste and cleanup materials. If the waste is
hazardous, the CONTRACTOR shall handle the waste as described in section above.
C. The CONTRACTOR shall not wash any spil',.ed material into streets, gutters, storm drains, or creeks
and shall not bury spilled hazardous materials.
D. The CONTRACTOR shall report any hazardous materials spill by calling 911.
Vehicle /Equipment Maintenance or Cleaning
A. The CONTRACTOR shall not perform vehicle or equipment maintenance or cleaning on -site or in
the street.
Contractor Training and Awareness
A. CONTRACTOR shall train all employees /subcontractors on the storm water pollution prevention
requirements contained in these Specifications.
B. CONTRACTOR shall inform subcontractors of the storm water pollution prevention contract
requirements and include appropriate subcontract provisions to ensure that these requirements are
met.
Activity - Specific Requirements
The following requirements shall be met on all projects within the City of Cupertino that include the listed
activities.
Dewatering Operations
Not applicable
Paving Operations
Not applicable
Saw Cutting
Not applicable
Traffic Detector Loop Installation and Repair
Not applicable
Concrete, Grout and Mortar Waste Management
Not applicable
Painting
Not applicable
Earthwork
Not applicable
Thermoplastic
Not applicable
Pesticide Usage and Pest Management
Not applicable
City of Cupertino
2011 Contractual
Street Sweeping Services DOCUMENT 00700 -30
SWPPP Implementation
Not applicable.
BMP Maintenance
Not applicable.
SECTION 4. CONTROL OF WORK
Project No. 2011 -02
4.1 Authority of City
City shall decide all questions, which may arise as to the quality or acceptability of street sweeping 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
Street Sweeping Route Plans
Street Sweeping Equipment Maintenance Plans
Street Sweeping Equipment Manufacturers Specifications
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 any, 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. Before
submitting each Submittal, review and coordinate each Submittal with other Submittals and with the
requirements of the Work and the Contract Documents, and determine and verify:
A. Specified performance criteria, materials, catalog numbers and similar information with respect
thereto;
B. All materials with respect to intended use, shipping, handling, storage, pertaining to the
performance of the Work; and
C. All information relative to Contractor's sole responsibilities and of means, methods, techniques,
sequences and procedures of safety precautions and programs incident thereto.
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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -31
Project No. 2011 -02
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 b.- 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.
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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -32
Project No. 2011 -02
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 ", "3' 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 IA). Subsequent re- submittals would be identified by the
Submittal number and sequential letters (i.e., "B ", "C",' etc.).
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
Street Sweeping Route Plans
3
1
Street Sweeping Equipment Maintenance;
Plans
3
1
Street Sweeping Equipment
Manufacturers Specifications
3
1
Other Documents
3
1
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. Materials Safety Data Sheet (MSDS) for each item complying with OSHA's Hazard
Communication Standard 29 CFR 1910.1200.
H. Other pertinent data.
Submittal shall contain the following:
A. Date and revision dates.
B. Revisions, if any, identified.
C. Project Name and Project Number.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -33
Project No. 2011 -02
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, sweeping 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.
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
City of Cupertino
2011 Contractual
Street Sweeping Services
Addendum No. 1 (May 2, 2011) DOCUMENT 00700 -34
Project No. 2011 -02
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 job superintendent and/or
foreman, 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 and materials shall conform to the materials requirements indicated in the specifications. Although
sampling, and testing may be considered evidence as to conformity, City shall be the sole judge as to
whether the work or materials deviate 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 sweeping 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 present at the Site of the Work 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 present on any part of the Work where it may be
desired to give direction, orders will be given by City, which shall be received and obeyed by the
superintendent 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 emergency 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
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -35
Project No. 2011 -02
the terms of Contract Documents. Contractor warrants that all street sweeping services shall be performed in
accordance with generally accepted professional standards of good and sound street sweeping practices and
all requirements of Contract Documents. Contractor warrants that Work, including but not limited to each
item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind
for its intended use, and free from defects in design, engineering, materials, construction and workmanship.
Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state
and local laws, applicable codes and standards, licenses, and permits, Specifications and all descriptions set
forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible,
however, for the negligence of others in the specification of specific equipment, materials, design parameters
and means or methods of street sweeping service when.- that is specifically shown and expressly required by
Contract Documents.
Extended Guarantees: Not applicable
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
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 ris'< and responsibility of Contractor; and City and City
will assume no responsibility therefore.
Should it be considered necessary or advisable by City at any time before Acceptance of the entire Work to
make an examination of Work already completed by removing or tearing out same, Contractor shall, on
request, promptly furnish all necessary facilities, labor, and material. If such Work is found to be defective or
nonconforming in any material respect, due to the fault of Contractor or subcontractors, Contractor shall pay
all the expenses of such examination and of satisfactory reconstruction. If, however, such Work is found to
meet the requirements of the Contract, an equitable adjustment shall be made in the Contract Price to
compensate Contractor for the additional services involved in such examination and reconstruction and, if
completion of the Work has been delayed thereby, Contractor shall, in addition, be granted an appropriate
extension of time.
Any inspection, evaluation, or test performed by or or behalf of City relating to the Work is solely for the
benefit of City, and shall not be relied upon by Contractor. Contractor shall not be relieved of its absolute
obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty,
warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by City, whether
or not such inspections, evaluations, or tests are permitted or required under the Contract Documents.
Contractor shall be solely responsible for testing and inspecting Work already performed to determine
whether such Work is in proper condition to receive later Work.
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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -36
Project No. 2011 -02
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.
City shall supply contractor magnetic signs to be placed at all times on both sides street sweeping equipment.
City- furnished materials lost or damaged from any cause whatsoever shall be replaced by Contractor at
Contractor's expense. Contractor shall be liable to City for the cost of replacing City- furnished material and
those costs may be deducted from any moneys due or to become due Contractor. All City- furnished material
that is not used on the work shall remain the property of the City and shall be delivered to City.
5.3 Storage of Materials
A minor amount of street sweeping brooms may be stored at the Service Yard. Up to two sweeper trucks
may be stored at the Service Yard.
5.4 Defective Materials
Not applicable.
5.5 Plant Inspection
Not applicable.
5.6 Certificates of Compliance
A Certificate of Compliance or equivalent, as determined by the Bay Area Air Quality Control District, may
be required by City prior to the use of any street sweeper. In addition, the City may require street sweeping
equipment inspection records to verify that all street sweeping equipment is maintained for safety.
City reserves the right to refuse the use of street sweeping equipment on the basis of a Certificate of
Compliance or equivalent and if appropriate safety records are not available.
The form of the Certificate of Compliance and its disposition shall be as directed by City.
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.
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,
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -37
Project No. 2011 -02
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 Labor Code, the Director of the California Department
of Industrial Relations has determined that street sweeping 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 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Cocle 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.
Residential sweeping shall be between 7:30 a.m. and 3:30 p.m. Commercial sweeping shall be between
10:00 p.m. and 5:00 a.m. on Thursday evening, unless otherwise authorized by the City. Some residential
streets are posted with the time restrictions for sweeping. The Contractor must comply with these
restrictions.
The Cupertino Municipal Code, Chapter 10.48, Community Noise Control applies to this contract.
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, erect, and maintain such fences, barriers, lights, and signs and provide such flagging
and guards as are necessary in the opinion of City or public agency having jurisdiction, to give adequate
warning to the public of street sweeping services and of any dangerous condition to be encountered as a
result thereof.
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the
traveling and pedestrian public.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -38
Project No. 2011 -02
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 environmental protection provisions of the Contract Documents including safety and health,
the requirements of the Occupational Safety and Health Act, and other applicable federal, state and local
standards. Submit for review by City the Contractor's environmental safety and health plan. After review by
City, the implementation and enforcement of these plans shall become the responsibility of the 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, exposure data and all
accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials,
supplies, or equipment incident 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
Contractor shall not damage existing improvements, utility facilities, and adjacent property, real and
personal. Any damage to improvements or property, whether above or below the ground, private or public,
within or adjacent to the project limits, arising from, or in consequence of, the performance of the Contract
shall be repaired at once by Contractor. If City requires such repair to be made prior to the execution or
continued performance of any part of the Work included in this Contract, City will so notify Contractor who
shall delay or discontinue the performance of that par: of the Work until the necessary repair has been made.
Such delay shall not be considered unavoidable, and no extension of time for completion of the Contract will
be allowed therefore.
When ordered by City to make any such repair, Contractor shall start work thereon within four (4) hours and
shall prosecute the same with diligence to completion. Upon failure of Contractor to so comply with such
order, or upon Contractor's failure to make immediate emergency repairs reasonably determined by City to
be necessary in the best interests of the public, City shall have authority to cause such repair to be made and
to deduct the costs thereof from any money due, or which may become due, Contractor.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -39
Project No. 2011 -02
In an emergency affecting the safety of life or property including adjoining property, Contractor shall act to
prevent, to the extent possible, such threatened loss or injury, whether or not instructed to do so by City.
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, tools 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 '. imited 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' fees, directly or indirectly arising out of, connected with or
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 arty 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 of their 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 ticr, 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 r ✓pe 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -40
Project No. 2011 -02
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.
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 street sweeping 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 subcontracted 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -41
Project No. 2011 -02
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
theft, loss, vandalism and improper concealment of personal property of the City and all persons lawfully
present on the Site, and including times where workers are not present on the Site. Contractor's measures
shall include, at a minimum, maintaining a log of all persons entering and leaving the Site and who they
represent, what they are delivering and to whom.
Contractor shall repair all damage to City's property resulting from Contractor's failure to provide adequate
security measures at no cost to City.
6.28 Public Facilities
Whenever practical, Peter Cortopassi — Streets / Fleet Supervisor, is to be contacted in advance for
coordination / notification (if required) of public facilities. For reference, the following contacts are
provided:
A. Storm drainage lines:
City of Cupertino
B. Water:
San Jose Water Co., 374 West Santa Clara, San Jose, CA 95113 -9971, Phone: 408 - 279 -7900
California Water Co., 949 B Street, Los Altos, CA 94024, Phone: 650 -917 -0152
C. Cable:
Comcast, 1900 S. Tenth St., San Jose, CA 95112, Phone: 408 - 918 -3230
D. Electrical /Gas:
Pacific Gas & Electric, 10900 N. Blaney Ave., Cupertino, CA 95014, Phone: 408 - 725 -2098
E. Phone:
Pacific Bell /AT &T, 3475 B N. First Street, San Jose, CA 95134, Phone: 408 - 493 -7236
F. Sanitary:
Cupertino Sanitary, 20833 Stevens Creek Blvd., Suite 104, Cupertino, CA 95014, Phone: 408 -259-
7071
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -42
Project No. 2011 -02
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, shal 1, 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, consequentiELI, 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 the 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. Work is to start on July 1, 2011.
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.
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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -43
Project No. 2011 -02
7.6 Liquidated Damages
The Contractor shall pay liquidated damages to the City of Cupertino in the sum of One Thousand Dollars
($1,000.00) for each and every day that street sweeping services are not completed on time and / or streets
are omitted. Omitted streets must be swept by the following working day.
In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required
to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate
of One Hundred Dollars ($100.00) per hour for each hour above and beyond one hour and streets must be
completed that day.
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 construction supplies and aids dedicated solely to performing the Work which, in the normal
course of street sweeping work, would be consumed or only have salvage value at the end of the street
sweeping 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 Work 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.
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;
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -44
Project No. 2011 -02
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 subcontra - .ts 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 cf 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
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -45
Project No. 2011 -02
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, attomey'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;
2. 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -46
Project No. 2011 -02
E. Direct costs of work performed under a notice: 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 subcontractcrs, 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 memorialization of results of Preconstruction Conference.
7.15 Weekly Progress Meeting
City will schedule and administer weekly progress meetings throughout the first month of sweeping 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 based on time and materials 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
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -47
Project No. 2011 -02
Metric. Unless otherwise specifically 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 (P) day of each month, five (5)
copies of a request for payment for the cost of the Work 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.
Acceptable materials shall be those materials, which will become a part of the finished sweeping work. The
basis for partial payments of lump sum or other unit Contract items will be determined by Contract between
City and Contractor. City shall retain 0 percent of such estimated value of work done and 0 percent of the
value of the materials so estimated to have been furnished and delivered and unused as aforesaid, 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 1<<st 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 8.2, 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
F Addendurn No. I (May 2, 2011) DOCUMENT 00700 -48
8.6 Substitution Of Securities In Lieu Of Retention
Not Applicable
Project No. 2011 -02
8.7 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 representation that City has:
Made exhaustive or continuous on -Site inspections to check the quality or quantity of Work;
Reviewed street sweeping means, methods, techniques, sequences, or procedures;
Reviewed copies of requisitions received from Subcontractors and material suppliers 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 I He a claim in accordance with this Section.
Notwithstanding and pending the resolution cf 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.
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -49
Project No. 2011 -02
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
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 documentation 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, or 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 justilying 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
City of Cupertino
2011 Contractual
Street Sweeping Services
DOCUMENT 00700 -50
Project No. 2011 -02
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.
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 construction
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 clairn 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
Street Sweeping Services
DOCUMENT (10700 -51
DOCUMENT 800
SPECIAL CONDITIONS
DEFINITIONS
Project No. 2011 -02
a. Basic Street Sweeping Services
Basic Street Sweeping Services shall be defined as the work required to mechanically sweep, hand
sweep or vacuum all city streets (residential & commercial) excluding any additions, deletions or
extra work.
b. Street
The paved area between the normal curbline of a roadway, weather an actual curb exists or not.
c. Curb Mile
Curb Mile shall be defined as the distance the: sweeper machine travels with an effective sweeping
width of eight (8) feet from either the curb face or edge of pavement.
d. Adverse Weather
Sweeping is not to occur during measurable rain events or other weather events that adversely affect
the efficiency of street sweeping operations. The Street / Fleet Supervisor shall be the only person to
decide when weather conditions are too adverse to sweep.
e. Scheduled Extra Work
Work outside of Residential / Commercial Street Sweeping Services that may be included, but are
not limited to, seasonal heavy leaf fall, correcting damages due to accidents, vandalism, acts of
God, spillage, sandblasting, paving preparation, and undesignated special events, which may require
sweeping services during the year.
f. Emergency Extra Work
Emergency Extra Work is defined as work outside of Residential / Commercial Street Sweeping
Services that requires immediate response. Emergency Extra Work items may include but are not
limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting,
paving preparation, and undesignated special events, which may require sweeping services during
the year, in an emergency timeframe.
g. Holidays
Holidays shall be New Years Day, Independence Day, Thanksgiving Day and Christmas Day. No
sweeping will be done on these four days. No payment for street sweeping services will occur
during holidays.
2. LOCATIONS
The project is located on all City streets, all in the City of Cupertino, County of Santa Clara.
3. SCOPE OF WORK
The work to be performed under this contract is to provide all labor, materials, tools and equipment
necessary for sweeping of City streets as described in these Specifications.
All work shall be performed in accordance with the most recent Specifications, Special Provisions, Technical
Provisions, City of Cupertino Standard Details, and Standard Plans and Standards Specifications, of the State
of California, Department of Transportation. Should a conflict arise between the contract documents and the
other referenced standards the general and special and technical provisions shall govern, followed in order by
the City of Cupertino Standard Details, then the State of California, Department of Transportation Standards.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
4.
5.
6.
CONTRACTORS QUALIFICATIONS
The Contractor bidding on this project must have at least three years of experience providing street sweeping
services, preferably for a City comparable to Cupertino in size.
ESTIMATED QUANTITIES
Item Description
1 Residential / Commercial Street Sweeping
2 Foothill Boulevard Street Sweeping
3 Scheduled Extra Work Street Sweeping
4 Emergency Street Sweeping
Est. Otv. per Month Unit
I Lump Sum
36.5 Curb Mile
45 Curb Mile
2 Hour
EXPLANATION OF BID ITEMS
The price bid per unit measure of work shall include all costs of labor, equipment, incidentals, overhead
costs and direct expenses and materials necessary for maintenance to satisfactorily complete street sweeping
services in accordance with these Contract documents.
Any item shown on the details or described in these provisions and not specifically listed as a bid item shall
be considered as included in the various bid items and no special compensation will be allowed.
BID ITEM NO. 1 — RESIDENTIAL / COMMERCIAL STREET SWEEPING (CURB MILE)
This unit price bid item shall include all cost for labor, equipment and materials for sweeping streets as
specified in these specifications. The monthly lump sum to sweep 575 miles of City streets for this bid item
shall include but not necessarily be limited to the following.
1. The Contractor shall sweep each residential street 2 times per month except in the case of adverse
weather conditions as determined by the Street / Fleet Supervisor. (532 curb miles per month)
• Residential sweeping shall be between 7:30 a.m. and 3:30 p.m.
• Attachment A, "Residential Street Sweeping Map — Areas A through H ", specifies the
established areas and curb miles per area for all City residential streets.
o Some residential streets are! posted with specific time requirements for street
sweeping. The Contractor must comply with these restrictions as indicated in
Attachment B, "Residential Street Sweeping Time Requirements ".
o Stevens Canyon Road from Ricardo Road to City limit sign is not included in this
contract.
o Attachment A, "Residential Street Sweeping Map — Areas A through H" indicates
the areas and respective miles per each area. The miles given are estimates and
the 532 curb miles per month are approximate.
• Sweeping shall include both outside gutter area, or if no gutter, up to the edge of pavement,
and minor median dividers.
• Specific areas such as some cul -de -sacs or other hard to reach areas may require hand
sweeping of the corners or have situations where debris must be vacuumed into the
sweeper.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
2. The Contractor shall sweep commercial streets including median islands 2 times per month except in
the case of adverse weather conditions as determined by the Street / Fleet Supervisor. (43 curb miles
per month). It is anticipated that additional curb miles of commercial streets will require sweeping of a
greater frequency during seasonal heavy leaf fall events. For these events, the Street / Fleet Supervisor
shall authorize additional street sweeping to be compensated under Bid Item No. 2, Scheduled Extra
Work Street Sweeping.
• Commercial sweeping shall be between 10:00 p.m. and 5:00 a.m. on Thursday evening,
unless otherwise authorized by the Street / Fleet Supervisor (Attachment B).
• Commercial sweeping includes the sweeping of all shoulders and medians located on all
bridges or overpasses located in the City. Sweeping frequency shall be as specified for the
respective sweeping area.
• Sweeping shall include both outside gutter area (approximately 31 miles per month) and
median curb (approximately 12 miles per month) areas unless otherwise specified.
3. No payment for street sweeping services will occur during adverse weather for either residential or
commercial street sweeping. The lump sum monthly amount submitted in Bid Item No. twill be divided
by the 575 miles (street curb miles to be swept monthly) to determine the cost per mile swept. The curb
miles within the area not swept during adverse weather will be multiplied by the cost per mile swept to
determine the amount to be deducted from the lump sum monthly amount submitted in Bid Item No. 1.
4. The City reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency
called for in these Special Conditions. The lump sum monthly amount submitted in Bid Item No. lwill
be divided by the 575 miles (street curb miles to be swept monthly) to determine the cost per mile swept.
Added or deleted curb miles will be multiplied by the cost per mile swept to determine the amount to be
added or deducted from the lump sum monthly amount submitted in Bid Item No. 1. The cost per curb
mile for additions or deletions will dictate the maximum increase that will be allowed for additional
miles and/or for additional frequency. That amount will also dictate the minimum reduction in monthly
cost for deletion of curb miles and/or decrease in sweeping frequency.
BID ITEM NO. 2 — FOOTHILL BOULEVARD STREET SWEEPING (CURB MILE)
This unit price bid item shall include all cost for labor, equipment and materials for sweeping Foothill Blvd.
from Stevens Creek Blvd. to Cristo Rey Drive to the requirements of these Special Conditions. Sweeping on
Foothill Blvd. is to be completed on Monday, Wednesday & Thursday each week during the established
commercial hours. Sweeping to include edge of pavement and median curbs. Compensation will be per curb
mile swept. There are approximately 2.8 miles of curbs, including median curbs that are included in this bid
item.
BID ITEM NO.3 — SCHEDULED EXTRA WORK ;STREET SWEEPING (CURB MILE)
This unit price bid item shall include all cost for labor, equipment and materials for sweeping streets to the
specifications of these Special Conditions. The Contractor may be required to sweep certain areas at times
and during months other than stated and specified in these Special Conditions. Scheduled extra work shall be
completed within 48 hours of notice by the City unless otherwise agreed. Compensation will be per curb mile
swept or $500, whichever is greater, per scheduled extra work event.
1. The City reserves the right to add to or delete this bid item in its entirety without additional
compensation due to the contractor.
BID ITEM NO.4 — EMERGENCY STREET SWEEPING (HOURLY)
This unit price bid item shall include all cost for labor, equipment and materials for sweeping streets to the
specifications of these Special Conditions. Contractor response for this bid item shall be within 2 hours or
less. Compensation will be hourly, with the City paying a minimum two (2) hour callout period.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
1. The City reserves the right to add to or delete this bid item in its entirety without additional
compensation due to the contractor.
7. STREET SWEEPING REQUIREMENTS
1. The Contractor will clean all streets, at the frequency specified in these Special Conditions, currently
owned and maintained by the City.
2. Sweeping of streets listed shall be accomplished in accordance with the routes and schedules in effect
currently. Routes and sweeping schedules shall not be modified without prior written approval by Street
/ Fleet Supervisor.
3. The Contractor will not be required to return to sweep an area previously blocked by parked vehicles.
4. Contractor is required to coordinate with City Code Enforcement at 777 -3182 regarding any schedule
changes affecting time restricted streets.
5. The sweeper operator must check in and out daily with the Street / Fleet Supervisor and confirm the area
to be swept and to notify of completion.
6. The Contractor must have a supervisor or foreman available for communication at all times to direct
operations.
7. The sweeper operator is required to carry / monitor / and use a City provided radio in order to timely
notify the Street / Fleet Supervisor of breakdowns or problems in an area of sweeping. The Contractor
will be responsible for any damage to this portable radio.
8. The Contractor must timely respond to all complaints registered with the City on a daily basis.
9. The Contractor shall operate the sweepers between four and five miles per hour when sweeping, unless
it can be proven, to the satisfaction of the Street / Fleet Supervisor that the sweeper can operate at a
higher speed and still operate efficiently.
10. If items such as large stones, tree limbs, wood, cables and other materials too large to be picked up are
found, these locations shall be reported to the City Service Center at 408.777.3269.
11. The Contractor shall submit a Weekly Sweeping Log for each area swept to the City by the Wednesday
of the following week. The log shall include daily starting and ending odometer readings, cubic yards of
material collected and type of sweeper used. A separate log shall also be used for any additional work
items performed. A weekly statement template form or an acceptable proposed form will be provided
and approved, respectively, and may be modified at any time at the discretion of the City pursuant to the
National Pollutant Discharge Elimination System Bay Area Municipal Regional Permit regulations and
requirements.
12. The Contractor shall utilize adequate amounts of water to conduct street sweeping services. No dry
sweeping shall be allowed unless authorized by the City. Water for dust control must be metered.
Contractor is responsible for obtaining water meter(s) from either / both California Water Company and
/ or San Jose Water Company. Compensation for the required separate payment for water shall be
considered as included in the scope of work for basic sweeping service, and no separate payment will be
made.
13. All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials within the areas to be
swept, per the terms of this Contract, and of a size which can be practically removed by "PM -10
Certified" sweeper shall be removed and disposed of in a manner and at a location approved by the City.
The Contractor may dump all debris at City of Cupertino Service Center located at 10555 Mary Avenue.
As noted in these Special Conditions, an additional disposal area will be established and maintained by
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
the City during seasonal leaf fall events. Contractor to ensure debris piles are contained. Contractor is
not required to load debris into bins.
14. During the fall season the Contractor may use a mechanical or vacuum sweeper first, and then followed
by a "PM -10 Certified" sweeping during heavy leaf build up as required by the Street / Fleet Supervisor.
Three general areas in the City experience heavy seasonal leaf fall. These areas include:
• The "Rancho Rinconada" area of the City approximately bounded by Tantau Avenue on the
west, Sterling Boulevard on the east, Bollinger Road on the south and Stevens Creek Boulevard
on the north.
• The "East Estates" area of the City approximately bounded by Blaney Avenue on the west,
Miller Avenue on the east, Bollinger Road on the south and Stevens Creek Boulevard on the
north.
• The "Valco" area of the City approximately bounded by Wolfe Road on the west, Tantau
Avenue on the east, Stevens Creek Boulevard on the south and Homestead Road on the north.
These three areas and other streets adjacent to these areas will have one (1) separate leave disposal area
established by the City within approximately one mile of these boundaries. The disposal area will
consist of roll off bins maintained by the City. No other City support is provided for the collection of
leaves. Other localized areas of seasonal heavy leaf fall occur within the City. These other locations are
to have street sweepings disposed of at the Service Center located at 10555 Mary Avenue. Contractor
must, at the onset and throughout heavy leaf fall events, provide all sweeper trucks necessary to
effectively sweep all City streets free of leaves and any other specified debris per the established
sweeping schedule. No additional payment will be due to the contractor for the addition of needed
sweepers to meet this requirement.
15. The Contractor will provide fuel and maintenance for all vehicles and for equipment.
16. The City will reserve the right to accompany the driver to inspect sweeper operation.
8. EQUIPMENT
The equipment to be used to complete the sweeping must conform to the following requirements:
1. The Contractor must have proof of ownership, or a signed lease for the duration of the contract.
2. Sweeper equipment must be properly registered, licensed and insured in accordance with California State
Motor Vehicle Laws and a copy must be left at the Service Center. Equipment must conform to all
federal, state and local safety regulations.
3. Sweeper equipment must be in conformance for the duration of this contract with all State, Federal and
Bay Area Air Quality Management requirements.
4. All sweeper equipment must not be over seven years old at the time of bid and for the duration of the
Contract, unless approved by the Director of Public Works or his/her designee.
5. Sweeper equipment must be in excellent working condition and kept that way throughout the life of the
Contract. The outside body must be free from dents and large scratches. Paint must be well maintained.
Regularly inspect machines for leaks and repair immediately. Sweepers must be able to consistently meet
the schedule requirements for the entire City
6. All sweeper equipment shall be subject to the approval of the City. All sweeping equipment shall have
appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights,
and warning flags, all in accordance with the State; Vehicle Code and approved by the City.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
7. Sweepers must be "PM -10 Certified," as defined in the South Coast Air Quality Management District
(SCAQMD) Rule 1186, based on their ability to pizk up and capture small dust particles (PM -10
indicates particles of 10 microns or smaller). Contractor may use mechanical, regenerative air or vacuum
sweeper meeting this specification. The contractor may use a non "PM -10 Certified" sweeper to facilitate
Fall leave collection.
8. Sweeper equipment must be equipped with an efficient water spray system for dust control and the spray
system must be maintained in good operating condition at all times.
9. All street sweepers shall be equipped with automatic vehicle location device (Geographic Positioning
System (GPS)) and management system that will report all street sweeping activity to the City and to the
contractor in real time. The system must be internet based, compatible and accessible with existing
Service Center computer hardware, and allow City staff to monitor real time progress and provide
monthly report capacity for each street sweeper. Reports are to indicate date and time of service, vehicle
speed, engagement of sweeping mechanism, mileage and route.
10. The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be
permitted.
11. It is desired that the contractor provide sweeper equipment with the ability to dump directly into either a
roll off debris bin or truck of minimum 84" height.
12. A sufficient supply of spare brooms and other parts for sweeper equipment shall be kept readily available
to ensure the timely and continuous fulfillment of this Contract.
13. Sweeper equipment must be equipped with dual gutter brooms not shorter than 7" and main broom not
shorter than 8" capable of sweeping at minimum a 8 foot path, or vacuum sweeper that is approved by the
Street / Fleet Supervisor
14. All required sweeper equipment maintenance, parts and fuel necessary to complete this Contract is to be
solely provided by and at the expense of the Contractor.
15. All major mechanical problems must be corrected at a location other than the Service Yard or City street.
16. The Contractor shall display a City provided logo on each side and back of the sweeper at all times
during the sweeping of City streets.
9. 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.
10. TIME OF COMPLETION /LIQUIDATED DAMAGES
This contract begins on July 1, 2011 and sweeping will commence on this same date.
The Contractor shall diligently prosecute the work anci said work shall be completed on the specified days
and at the specified times, excluding holidays.
The Contractor shall diligently prosecute the work to completion as scheduled. The Contractor further
understands that he shall pay liquidated damages to the City of Cupertino in the sum of One Thousand
Dollars ($1,000.00) for each and every day that services are not completed on time and / or streets are
omitted. Omitted streets must be swept by the following working day.
In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required
to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 7 02
of One Hundred Dollars ($100.00) per hour for each hour above and beyond one hour and streets must be
completed that day.
Failure to file the Weekly Sweeping Log per Route /Schedule statement as required shall be assessed Fifty
Dollars ($50.00) per day for each day late.
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.
11. CALLBACKS
Whenever, in the opinion of the City, a section of street is inadequately swept, the Contractor shall, within 24
hours after notification, re -sweep the section in question and may, at the discretion of that City, forfeit as a
penalty of One Hundred Dollars ($100.00) for each time a street is inadequately swept. No additional
payment will be made for callbacks as a result of inadequate sweeping.
12. TERM OF AGREEMENT
With satisfactory performance by the contractor, 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. 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 $5,000, annual callbacks are less than $1,000 and annual
weekly sweeper log statement assessments are less than $200.
Any such renewal after the first five years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 180 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 ofthe 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.
13. ITEMS AND WORK NOT SPECIFICALLY INCILUDED IN A DESCRIPTION
It is specifically pointed out that any and all items and/or work called for on the details and/or specifications,
and not included in a description or a specific bid itent, shall be included by the bidder in one (1) or more of
the bid items and no special compensation will be allowed. This includes, but is not limited to, such items as
flagmen, and the providing of all safety requirements or work and materials required to provide public
convenience and public safety, utility coordination, barricades, lights, pedestrian walkways, damage to
private property, etc.
Prior to beginning any extra work for the project the Contractor is required to have a signed authorization
form from the City.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
A foreman, lead worker and/or designated street sweeper operator must be on the job at all times while work
is being performed, and must be able to speak and read English sufficiently to comprehend required
instructions.
14. PUBLIC CONVENIENCE AND SAFETY
The Contractor shall conduct their operations so as to cause the least possible obstruction and inconvenience
to public. All traffic shall be permitted to pass through the work area. The maximum working speed of the
sweepers shall be between four and five miles per how-, unless it can be proven, to the satisfaction of the
Fleet / Street Supervisor that the sweeper can operate at a higher speed and still operate efficiently.
15. PAYMENT
Payment shall be made monthly. Contractor shall invoice monthly.
16. QUESTIONS
Any questions regarding these plans and specifications should be directed to City of Cupertino, Assistant
Director of Public Works, Roger Lee at (408) 777 -3350.
17. RESPONSIBILITY OF CONTRACTOR
The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the
Contractor, his 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 he 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
Street Sweeping Services
Project No. 2011 -02
ATTACHMENT B — RESIDENTIAL STREET SWEEPING TIME
REQUIREMENTS
A
E
H
F
C
G
D
B
1st & 3rd
2nd & 4th
1st & 3rd
2nd & 4th
1st & 3rd
2nd & 4th
1st & 3rd
2nd & 4th
Mon
Mon
Tues
Tues
Wed
Wed
Thur
Thur
9 -10:30
9 -10:30 a.m.
9-10:30
9 -10:30 a.m.
9-10:30
9 -10:30 a.m.
9-10:30
9 -10.30
a.m.
a.m.
a.m.
a.m.
a.m.
Bilich PI
Amulet PI
Alpine Dr
Dempster
De La
Baxley Ct
Barnhart PI
Brookgrove
Colby
Baustrol Ct
Clearwood
Empire Ave
Farge Dr
Bel Aire Ct
Flower Ct
Ln
Ave
Carnoustie
Ct
Fitzgerald
Defoe Dr
Catalina Ct
Jamestown
Ferngrove
McLaren
Ct
Creekside
Noel Ave
Dumas Ln
La Jolla Ct
Hollanderry
Ln
PI
DeAnza Cir
Ct
Stokes Ave
Erin Wy
La Playa Ct
PI
Greenwood
Norwich
Elm Ct
Florence
Kim St
Leavesley
Hollyhead
Ct
Twilight
Fort Baker Dr
Dr
Kirwin Ln
Monterey Ct
Ln
Leola Ct
Ct
Gardena Dr-
Linda Ann
Westlyn
Palos Verde
Lockford Ct
Miller Ave -E
N
Ct
Wy
Redondo Ct
Rainbow Dr
Richwood
Grapnell PI
Alpine Dr
Scotland Dr
Ct
Liberty Ct
Oasis Ct
Squirewood
Rosemarie
New Haven
Pharlap Dr
Stelling Rd
PI
CT
Salem
West Hill
Old Town Ct
Ave
Ln
Pennington
Viceroy Ct
Ln
Vista Knoll
Presidio Dr
Dr
Providence
Ct
Rumford Dr
9 -11:30 a.m.
9 -11:30
9 -11:30 a.m.
a.m.
Chadwick PI
Oak
Hyannisport-
Meadow
S (Fort
Ct.
Hyannisport-
Baker to
S. Stelling
N
Linda Vista
10 -11:30
10 -11:30
10 -1130
10 -11:30
10 -11:30
10 -11:30
10 -11:30
I
10 -11:30
a.m.
a.m.
a.m.
a.m.
a.m.
a. rr
a.m.
a.m.
City of Cupertino
2011 Contractual
Street Sweeping Services
Proiect No. 2011 -02
Baywood
Christensen
Byerly PI
Corte
Craig Ct
Hyannisport-
Avocado PI
Ct
Esquire PI
California
Madera
Kentwood
S (Bubb to
Clifford Ct
Baywood
Fenway Ct
Oak
Dos Palos
Dr
Fort Baker)
Deeprose
Dr
Gardena Ct
Degas Ct
Ct
McClellan
PI
Cedar
Gardenia Dr-
El Prado
Gardenview
Rd
E. Estates
Tree Ln
S
Wy
Mann Dr
Nancy Ct
Lamar Ct
Deodora
Hale PI
English
Meadowview
Peppertree
Malvern Ct
Dr
Marcy Ct
Oak
Monte Ct
Ln
Mello PI
Drake Ct
Madera Dr
Oakview Ln
Rollingdell
Miller Ave -
Fig Tree
Majestic
Belknap Dr
Ct
W
Ct
Oak
Elmsford Ct
Rollingdell
S. Portal
Lynton Ct
Meadow
Elmsford Dr
Dr
Ave
Michael
PI
Rainbow Dr
Shelly Dr
Vicksburg
Ct
Poppy Ct
Stafford Dr
Stanford
Dr
N. Blaney
Silver Oak
Yorkshire Ct
Dr
W. Estates
N. Portal
Walnut
Yorkshire Dr
Terry Wy
Dr.
Ave
Cir -S
Tula Ln
Willowbrook
Patric Ct
Walnut
Westacres
Pear Tree
Cir -N
Dr
Ct
Westlyn
Pear Tree
Wy E/S
Ln
Pinole Ct
Suisun Dr
1 -2:30
1 -2:30 p.m.
1 -2:30
1 -2:30 p.m.
1 -2:30
1 -2:30 p.m.
1 -2:30 p.m.
1 -2:30 p.m.
p. M.
m
m
Blaney Ct
August Ln
Beardon
Camarda
Fall Ct
Ave
Ct
Festival Ct
Park Cir -E
Carol Lee
Kenmore Ct
Park Cir -W
Dr
Noble Fir Ct
Saich Wy
Chayvoya
November Dr
Valley
Dr
Red Fir Ct
Green
Houge Ct
Roseblossom
Miner PI
Sage Ct
Parlett PI
September
Riedel PI
Dr
Somerset
White Fir Ct
Ct
Virginia
Swan
Vista Ct
Wheaton
Dr.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
ATTACHMENT A - RESIDENTIAL STREET SWEEPING MAP -AREAS A THROUGH H
City of Cupertino
2011 Contractual
Street Sweeping Services