80-002 N Gradon Sheet metal Mann Station Ventilating system, Project 80-38(ATTACHMENT)
i
City of Cupertino
AGREEMENT NO.
BY THIS AGREEMENT made and entered into on the -�- -(day of 19
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Gradon Sheet Metal (2)
Address 140 Kennedy Avenue City_ Campbell Zip CA Phone 378-51 3
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
Provide and install all the work outlined on the Plans and Specifications
entitled "Mann Station Ventilating System, Project 80-38"
DELIVERY:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit "A"
TERMS The services and/or materials furnished under this Agreement shall commence on As soon as Possible
and shall be completed before Ten Weeks from the Date Herein Above.
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Thirteen Thousand One Hundred Eighty -Three and no/100 Dollars ($13,183.00)
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non -Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement. Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
Name Bruce Donoghue Department Public Works
Address 10300 Torre Avenue Cupertino, CA 95014 Telephone
252-4505
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
By G don Sheet Met�1 By
Title /at4. ffRTitle
CITY OF CUPERTINO
DEPARTMENT OF PUBLIC WORKS
CALL FOR BIDS
EXHIBIT A
MANN STATION VENTILATING SYSTEM
PROJECT 80-38
r
BID OPENING
WEDNESDAY, SEPTEMBER 16, 14.81
2;00 P.M.
BERT J. VISKOVICH, DIRECTOR OF PUBLIC WORKS
CITY HALL
10300 TORRE AVENUE
CUPERTINO, CALIFORNIA
95014
TABLE OF CONTENTS
CONTRACT DOCUMENTS
A. Bid Documents •
1. Notice to Contractors
2. Proposal
B. General Provisions
1. Definitions of Terms
2. Prosecution and Progress
3. Control of Work
4. Control of Materials
5. Legal Relations and Responsibilities to the Public
6. Proposal Requirements and Award of Contract
C. Special Provisions
1. Scope
2. Location
3. Plans
4. Time of Completion
5. Safety
6. Existing Conditions
7. Explanation of Bid Items
D. Technical Requirements
City of Cupertino
10300 Torre Avenue
/ Cupertino, California 95014
140TICE TO CONTRACTORS
MANN STATION VENTILATING SYSTEM
PROJECT 80-38
The City of Cupertino, Santa Clara County, California, invites sealed
proposals for the construction of the work as delineated on the Plans or in
the Specifications entitled, Mann Station Ventilating System, Project 80-38
Said sealed proposals will be received at the office of the City
Room 101 Cit Hall Cit of Cu ertino Clerk,
California until 2:00 .m, Clerk,
,
theSeptember lb, 1981. at which time they will be publicly opened and
comparative totals read.
All bids received will be reported to the City Council of Cupertino
within thirty(30) days of receipt, at which time the Council will review and
act upon the bids submitted. Award, if any, will be to the lowest responsible
bidder.
Payment will be made in cash by said City upon submission by the Contractor
and approval by the Engineer of a progress billing which reflects the value of
the work completed. The progress playments made as work progresses will be
payments on account and will not be considered as an acceptance of any part of
the materials or workmanship required by the Contract.
All proposals or bids shall be accompanied by a cashier's or certified check
payable to the order of the City of Cupertino, amounting to ten percent (10%)
of the bid, or by a bond in said amount and payable to said City, signed by the
bidder and a corporate surety, or by the bidder and two sureties who shall justi-
fy before any officer competent to administer an oath, in double said amount and
over and above all statutory exemptions. Said check shall be forfeited or said
bond small become payable to the City in case the bidder depositing the same
does not, within ten (10) days after written notice that the -contract has been
awarded to him, enter into a contract with the City.
Contractor shall furnish to City a faithful performance bond and labor and
material bond as required in said specifications.
It shall be mandatory upon tine Contractor to whom the contract is awarded,
and upon all subcontractors under him, to pay not less than said general pre-
vailing rates.of per diem wages, as above listed, to all laborers, workmen and
mechanics employed in the execution of the contract.
A11 bids shall be compared using the estimate of quantities prepared by the
Engineer of Work and the unit prices submitted. No incomplete nor interlineated
proposal or bid will be accepted. Bidders are required to bid on all items of
the proposal.
No bid will be accepted from a contractor who has not been licensed in
accordance with the provisions of Chapter 9 of Division 3 of the Business and
Professions Code of the State of California.
,The contract shall not be awarded to any bidder who does not possess tbp
V,
NOTICE TO CONTRACTORS (Continued)
Special attention of bidders is directed to Section 6 for full directions
as to bidding.
Plans, Specifications and Contract Documents may be reviewed and copies of
same may be obtained at the office of the City Engineer, City Hall, Cupertino
California, at no cost.
The City- of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or
to increase or decrease the quantity of any item thereof.
Date
Publish: Cupertino Courier
September 2, 1981
September 9, 1981
CITY OF CUPERTINO
j , f"
City Clerk,,/,!,,
PROPOSAL
MANN STATION VENTILATING SYSTEM
PROJECT 80-38
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
In compliance with the specifications furnished for the Mann Station Ventilating System
Project 80-38, I the undersigned, hereby declare that I have read the proposal re-
quirements & will perform the work for the amounts listed herein below.
The work is to provide and install all ducts, fans, air silencers, backdraft dampers,
and related incidental devices required or detailed on the Plans or in the Specifications
and required to complete the air exhaust system for Mann Station.
The Contractor shall obtain a no fee building permit and shall submit a Bidders Bond
in the amount of 10% of the amount bid.
The City Council reserves the right to reject any or all bids received.
BID
ITEM QUANTITY ITEM TOTAL
r
1• L.S. Provide and install all metallic
duct work & exhaust fans complete.
for
Dollars/L.S.
L.S. Provide and install Back draft
dampers complete for
Dollars/L.S.
L.S.. Provide and install 2 Eacli._cooling
Coils complete for
Dollars /L.S..
L.S. Provide and install all Bird screens
complete for
Dollars/L.S.
BID TOTAL:
PROPOSAL 1/4
A. BID DOCUMENTS, continued
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(1) How many years has your organization been in business under its
present name?
(2) How many years'experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name?
(3) Contractor's License No. ,•State of California,
Classification
(4) List work similar in -character to that required in the proposed
contract which your organization or personnel in your organization
has completed within the past three years.
Year Class, Location of Work and for Whom Performed Contract Amount
1.
2.
3.
4.
5.
6.
✓"L' ILL 14 J. L. LJ L1 L 111U CU
Name of Proposed Sub -Contractor, if any
(Section 4104 Government Code)
Address of Shop or Office of Sub -Contractor
(Section 4104 Government Code)
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
1.
2.
3.
4.
6.
r
5.
6.
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
1.
2.
3.
4.
6.
A. BID DOCUMENTS, continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
CO:iPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AVD MANAGER. THE CORPORATE
SEAL .ZfMST BE AFFIXED.
TYPE OF BUSINESS: Individual
Co -Partnership
Corporation
Joint Venture
Other
(describe)
NA.`1E AND
SIGUATURE OF BIDDER:
Date
Address
Addenda Received:
1 2 3 4 5
Proposal Page 4/4
B. GENERAL PROVISIONS
1. DEFINITIONS OF TERMS
By this reference, the latest published edition of the "Standard Specifications
of the State of California Department of Transportation", as revised, is
adopted as the specifications of this project.
The definitions and terms outlined in Section 1 of the Standards shall apply
with the following modifications:
1-1.13 - Department = The City of Cupertino
1-1.15 - Director = Bert J. Viskovich
1-1.18 - Engineer = Director of Public Works or his appointed agent(s)
1-1.25 - Laboratory = Department approved testing laboratory
1-1.32 - Proposal Form = The form(s) provided by the Department and
provided in the Special Provisions of the Project
Specifications.
1-1.39 - State = City of Cupertino
1-1.50 - Superintendent = A person as designated in writing by the Contractor,
who shall be present at all times during the work
and authorized to receive and fulfill instructions
from the Engineer.
B-1
B. GENERAL PROVISIONS, continued
2. PROSECUTION AND PROGRESS
A. Subletting and Assignment
The Contractor shall give his personal attention to fulfillment of the contract
and shall keep the work under his control.
Subcontractors will not be recognized as such, and all persons engaged in the
work of construction will be considered as employees of the Contractor and
their work shall be subject to the provisions of the contract and specifications.
Where a portion of the work sublet by the Contractor is not being prosecuted
in a manner satisfactory to the City Engineer, the subcontractor shall be
removed immediately on the requisition of the City Engineer and shall not
again be employed on the work.
The contract or any portion of it may be assigned only upon written consent
of.the City Engineer.
B. Progress of the Work and Time for Completion
The Contractor shall begin work within fifteen (15) days after receiving
notice that the contract has been approved and shall diligently prosecute
the same to completion within the number of working days as shown in the
Special Provisions.
C. Character of Workman
If any subcontractor or person employed by the Contractor shall fail or refuse
to carry out the directions of the Engineer or shall appear to the Engineer
to be incompetent or to act in a disorderly or improper manner, he shall be
discharged immediately on the requisition of the Engineer, and such person
shall not again be employed on the work.
D. Temporary Suspension of the Work
The Engineer shall have the authority to suspend the work wholly or in part
for such period as he may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable prose-
cution of the work, or for such time as he may deem necessary, due to the
failure on the part of the Contractor to carry out orders given or to
perform any provisions of the work. The Contractor shall immediately obey
such order of the Engineer and shall not resume the work until ordered in
writing by the Engineer.
B-2
B. GENERAL PROVISIONS, continued
2. PROSECUTION AND PROGRESS, continued
E. Time of Completion and Liquidated Damages
The work to be performed under this contract shall be completed pursuant to
Paragraph B, Section B, hereinabove set forth. Should the Contractor fail
to complete this contract and the work provided for therein within the fixed
time for completion, the parties hereto agree that it would be impractical or
extremely difficult to fix the actual damage to the City and, therefore, agree
that the Contractor shall be liable to the City in the sum of fifty dollars
($50.00), or as further specified in the Special Provisions, per day for each
working day this contract is delayed beyond the time for completion as
hereinabove set forth by failure of the Contractor to complete the contract
as specified. •Such payment shall be construed to be liquidated damages by
the Contractor in lieu of any other claim for damages because of such delay
and it is specifically agreed by the parties hereto that such payment shall
not be construed as a penalty. In case such payment is not made by the Con-
tractor, Contractor agrees that the City may deduct such payment from any
monies due or that may become due to the Contractor under this contract.
It is further agreed that in case the work called for under the contract is
not finished and completed in all parts and requirements within the time
specified, the City Council shall have the right to extend the time for
completion or not, as may deem best to serve the interest of the City; and
if it decides to extend the time limit for the completion of the contract,
it shall further have the right to charge to the Contractor, his heirs,
assigns or sureties, and to deduct -from the final payment for the work, all
or any part, as it may deem proper, of the actual cost of engineering, inspec-
tion, superintendence and other overhead expenses which are directly chargeable
to the contract and which accrue. Preparation of final estimate shall not be
included in such charges.
The Contractor shall not be assessed with liquidated damages nor the cost of
engineering and inspection during any delay in the completion of the work
caused by acts of God or of the public enemy, acts of the City, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather or the delays of subcontractors due to such causes; provided
that the Contractor shall within ten (10) days from the beginning of any such
delay, notify the Engineer in writing of the causes of delay, who shall
ascertain the facts and the extent of the delay, and his findings of the
facts thereon shall be final and conclusive.
F. Suspension of Contract
If at any time in the opinion of the City Council the Contractor has failed
to supply an adequate working force or material of proper quality, or has
failed in any other respect to prosecute the work with the diligence and
force specified and intended in and by the terms of the contract, notice
thereof in writing will be served upon him,and should he neglect or refuse
to provide means for a satisfactory compliance with the contract as directed
by the Engineer, within the time specified in such notice, the City Council
B-3
B. GENERAL PROVISIONS, continued
2. PROSECUTION AND PROGRESS, continued
in any such case shall have the power to suspend the operation of the contract.
Upon receiving notice of such suspension, the Contractor shall discontinue
said work, or such parts of it as the City Council may designate. Upon such
suspension, the Contractor's control shall terminate, and thereupon the City
Council or its duly authorized representative may take possession of all or
any part of the Contractor's materials, tools, equipment, and appliances
upon the premises, and use the same for the purpose of completing said
contract, and hire equipment, and buy such additional materials and supplies
at the Contractor's expense as may be necessary for the proper conduct of
the work and for the completion thereof; or may employ other parties to carry
the contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such
manner as the City Council may deem proper; or the City Council may annul
and cancel the contract and relet the work_or any part thereof. Any excess
of cost arising therefrom over and above the contract price will be charged
against the Contractor and his sureties, who will be liable therefore. In
the event of such suspension, all money due the Contractor or retained under
the terms of this contract shall be forfeited to the City; but such forfeiture
will not release the Contractor or his sureties from liability or failure to
fulfill the contract. The Contractor and his sureties will be credited with
the amount of money so forfeited toward any excess of cost over and above
the contract price, arising from the suspension of the operations of the
contract and the completion of the work by the City as above provided, and
the Contractor will be so credited with any surplus remaining after all just
claims for such completion have been paid.
In the determination of the question whether there has been any such non-
compliance with the contract as to warrant the suspension or annulment thereof,
the decision of the City Council shall be binding on all parties to the contract.
G. Right of Way
The right of way for the work to be constructed will be provided by the City.
The Contractor shall make his own arrangements and pay all expenses for
additional area required by him outside of the limits of right of way, unless
otherwise provided in the Special Provisions.
B-4
3. CONTROL 0,' WORK
B. GENERAL PROVISIONS, continued
A. Authority of the Engineer
The Engineer shall decide any and all questions which may arise as to the
quality or acceptability of materials furnished and work performed, and as
to the manner of performance and rate of progress of the work; all questions
which arise as to the interpretation of the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of
the Contractor, and all questions as to claims and compensation.
The Engineer's decision shall be final and he shall have executive authority
to enforce and make effective such decisions and orders as the Contractor
fails to carry out promptly.
B. Plans
All authorized &tt_ra}ions affecting the requirements and information given
on the approved plans shall be in writing. No changes shall be made of any
plan or drawing after the same has been approved by the Engineer, except
by direction of the Engineer.
C.
Ia
Working drawings or plans for any structure not included in the plans, fur-
nished by the Engineer shall be approved by the Engineer before any work
involving these plans shall be performed, unless approval be waived in
writing by the Engineer.
It is mutually agreed, however, that approval by the Engineer of the Contrac-
tor's working plans does not relieve the Contractor of any responsibility
for accuracy of dimensions and details, and that the Contractor shall be
responsible for agreement and conformity of his working plans with the
approved plans and specifications.
Conformity With Plans and•Allowable Deviations
Finished surfaces, in all cases, shall conform with the lines, grades, cross-
sections, and dimensions shown on the approved plans. Deviations from the
approved plans, as may be required by the exigencies of construction, will
be determined in all cases by the Engineer and authorized in writing.
Coordination of Plans and Specifications
The plans and specifications and all supplementary documents are essential
parts of the contract and a requirement occurring in one is as binding as
though occurring in all. They are intended to be cooperative, to describe,
and to provide for a complete work. Plans shall govern over standard
specifications and standard details; specifications' special provisions shall
clovern over the plans and standard specifications and standard details.
B-5
B. GENERAL PROVISIONS, continued
3. CONTROL OF THE WORK, continued
E.
F.
G
H
Interpretation of Plans and Specifications
Should it appear that the work to be done, or any matter relative thereto,
is not sufficiently detailed or explained in these specifications, plans,
and special provisions, the Contractor shall apply to the Engineer for such
further explanation as may be necessary, and shall conform to such explana-
tion, or interpretation as part of the contract, so far as may be consistent
with the intent of the original specifications.
In the event of any discrepancy between any drawing and the figures written
thereon, the figures shall be taken as correct.
Superintendence
Whenever the Contractor is not present on any part of the work where it may
be desired to give direction, orders will be given by the Engineer, in
writing and shall be received and obeyed by the superintendent or foreman
in charge of the particular work in reference to which orders are given.
Lines and Grades
All distances and measurements are given and will be made in a horizontal
plane. Grades are given from the top of stakes or nails, unless otherwise
noted on the plans. Three consecutive points shown on the same rate of slope
must be used in common, in order to detect any variation from a straight
grade, and in case any such discrepancy exists, it must be reported to the
Engineer. If such a discrepancy is not reported to the Engineer, the Contractor
shall be responsible for any error in the finished work.
The Con -tractor shall give at least 24 hours' notice in writing when he will
require the services of the Engineer for laying out any portion of the work.
The Contractor shall furnish the Engineer such facilities and labor necessary
for marking and_ maintaining points and lines as he may require. The contrac-
tor shall dig all holes necessary for the line and grade stakes.
The Contractor shall properly guard and preserve all monuments, all property
corners, all stakes, set for lines, grades, or measurements of the work in
their proper places until authorized to remove them by the Engineer. All
monuments, property corners, stakes that have been removed without proper
authority shall be replaced by the Contractor at his expense.
Inspection
The Engineer shall at all times have access to the work during construction,
and shall be furnished with every reasonable facility for ascertaining full
knowledge respecting the progress, workmanship, and character of materials
used and employed in the work. The Contractor shall furnish telephone service
at any plant fa;:ility serving the work for such purpose.
B-6
B. GENERAL PROVISIONS, continued
3. CONTROL OF THE WORK, continued
All work done by the contractor shall be accomplished between the hours of 8:00 A.M.
and 5:00 P.M., Monday through Friday, unless authorized in writing by the Engineer.
Whenever the Contractor varies the period during which work is carried on each day,
he shall give due notice to the Engineer, so that proper inspection may be provided.
Any work done in the absence of the Engineer will be subject to rejection.
Inspection costs for any work done before 8:00 A�.@M. or after 5:00 P.M. on a regular
work day or on Saturdays, Sundays or holidays, shall be paid for by the Contractor
at the rate of $22.00 per hour, or latest amended rate approved by City Council,
except where such work is specifically required by the specifications.
The inspection of the work shall not relieve the Contractor of any of his obligations
to fulfill the contract as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective
work and unsuitable materials have been previously overlooked by the Engineer and
accepted or estimated for payment.
Projects financed in whole or in part with state funds shall be subject to inspection
at all times by the State Director of Public Works, or his agents.
I. Removal of Defective and Unauthorized Work
All work which is defective in its construction or deficient in any of the
requirements of these specifications shall be remedied, or removed and replaced
by the Contractor in an acceptable manner, and no compensation will be allowed
for such corrections.
Any work done beyond the lines and grades shown on the plans or established by the
Engineer, or any extra work done without written authority, will be considered as
unauthorized and may not be paid for.
Upon failure on the part of the Contractor to comply forthwith with any order of
the Engineer made under the provisions of this article, the Engineer shall have
authority to cause defective work to be remedied, or removed and replaced, and
unauthorized work removed, and to deduct the costs thereof from any monies due or
to become due to the Contractor.
J. Final Inspection
Whenever the work provided and contemplated by the contract shall have been satis-
factorily completed and the final cleaning up performed, the Engineer will make
the final inspection.
K. Dust Control
At all times during construction and until final completion and acceptance the
Contractor shall prevent the formation of an air -borne dust nuisance by oiling
(or watering) as required by the Engineer to treat the site of the work in such
a manner that will confine dust particles to the immediate surface of the work.
The Contractor shall perform such oiling (or watering) within two (2) hours after
notification by the City Engineer that an
B-7
B. GENERAL PROVISIONS, continued
3• CONTROL OF WORK, continued
air -borne dust nuisance exists. If the Contractor fails to remove the
nuisance within two hours, the City of Cupertino may order that the work
of oiling (or watering) of the site be done by City personnel and equipment
or by others and all expenses incurred in the performance of this work shall
be charged to the Contractor and paid for by the Contractor.
L. Final Clean -Up
The Contractor shall provide all necessary equipment, skill and manpower
to "clean up" the work and related areas. This work shall be included in
the various bid items and shall leave any and all areas in which the Con-
tractor has entered in a condition which is neat and free from debris, weeds,
and material not called for on the Plans or in the Specifications. The
Engineer shall have final approval on determining if the Contractor has
completed the clean up portion of the work.
M. Changes in the Work
Section 4-1.03 of the Standards shall apply.
IMI
B. GENERAL PROVISIONS, continued
4. CONTROL OF MATERIALS
A. Samples and Tests
The source of supply of each of the materials shall be approved by the
Engineer before delivery is started and before such material is used in
the work. Representative preliminary samples of the character and
quality prescribed shall be submitted by the Contractor or producer of
all materials to be used in the work, for testing or examination as
desired by the Engineer.
All tests of the materials furnished by the Contractor shall be made
in accordance with commonly recognized standards of national organiza-
tions, and such special methods and tests as are prescribed in the Spec-
ifications.
The Contractor shall furnish such samples of materials as are requested
by the Engineer, without charge. No material shall be used until it
has been approved by the Engineer. Additional samples may be secured
and tested whenever necessary to determine the quality of materials.
B. Defective Materials
All materials not conforming to the requirements of these specifications
shall be considered as defective, and all such materials, whether in
place or not, shall be rejected and shall be removed -immediately from
the site of the work unless otherwise permitted by the Engineer. No
rejected material, the defects of which have been subsequently corrected,
shall be used until approved in writing by the Engineer.
Upon failure on the part of the Contractor to comply with any order of
the Engineer made under the provisions of this article, the Engineer
shall have authority to remove and replace defective material and to
deduct the cost of removal and replacement from any monies due or to
become due the Contractor.
•
B. GENERAL PROVISIONS, continued
5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
A. Laws to be Observed
The Contractor shall keep himself fully informed of all existing and
future State and National laws and all municipal ordinances and regu-
lations of the City of Cupertino which in any manner affect those en-
gaged or employed in the work, or the materials used in the work, or
which in any way affect the conduct of the work, and of all such orders
and decrees of bodies or tribunals having any jurisdiction or authority
over the same.
B. Hours of Labor
The -Contractor shall forfeit, as penalty to the City of Cupertino,
twenty-five dollars ($25.00) for each laborer, workman or mechanic
employed in the execution of the contract by him, or by any subcontractor
under him, upon any of the work hereinbefore mentioned, for each
calendar day during which said laborer, workman or mechanic is required
or permitted to labor more than eight (8) hours in violation of the pro-
visions of the Labor Code and, in particular, Sections 1810 to 1815 thereof,
inclusive.
C. Labor Discrimination
No discrimination shall be made in the employment of persons upon public
works because of the race, color or religion of such persons,and every
contractor for public works violating this section is subject to all the
penalties imposed for a violation of Chapter 1 of Part VII, in accordance
with the provisions of Section 1735 of the Labor Code.
D. Prevailing Wage
Pursuant to the Labor Code of the State of California, or local law there-
to applicable, the City has ascertained the general prevailing rate of
per diem wages and rates for holidays and overtime work in the locality
in which this work is to be performed, for each craft, classification
or type of laborer, workman or mechanic needed to execute this Contract.
The prevailing wages so determined are on file for review at the City Clerk's
Office, City of Cupertino. Neitherthe notice inviting bids nor this Contract
shall constitute a representation of fact as to the prevailing wage rates
upon which the Contractor or any subcontractor under him may base any claim
against the City.
It shall be mandatory upon the Contractor, and upon any subcontractor under
him, to pay not less than the said specified rates to all laborers,
workmen and mechanics employed in the execution of the Contract. It is
further expressly stipulated that the Contractor shall, as a penalty to
the City, forfeit twenty-five dollars ($25.00) for each calendar day, or
portion thereof, for each laborer, workman or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any subcontractor under him; and Contractor agrees to comply with
all provisions of Section 1775 of the Labor Code.
B-10
B. GENERAL PROVISIONS, continued
LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued
E. Foreign Materials
Section 6-1.08 of the Standards shall apply.
F. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with
the provisions of Chapter 9 of Division III of the Business and Pro-
fessions Code. The contract shall not be awarded to any bidder who does
not possess the proper classification of license.
G. Trench Safety
Attention is directed to the provisions of Section 6422 of the Labor
Code concerning trench excavation safety plans.
H. Apprentices
Attention is directed to the provisions in Sections 1777.5 and 1777.6
of the Labor Code concerning the employment of apprentices by the
Contractor or any subcontractor under him. The Contractor and any
subcontractor under him shall comply with the requirements of said
sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and
other requirements may be obtained from the Director of Industrial
Relations, ex officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its
branch offices.
I. Safety Provisions
The Contractor shall conform to the rules and regulations as established
by the California Division of Industrial Safety.
J. Minority Employment
The Contractor shall comply with the recommended minority employment
practices of the U.S. Department of Housing and Urban Development as
established for Santa Clara County.
K. Permits and Licenses
The Contractor shall procure all permits and licenses, pay all charges
and fees and give all notices necessary and incidental to the due and
lawful prosecution of the work. This does include City licenses unless
waived in the Special Provisions.
L. Patents
The Contractor shall assume all responsibilities arising from the use
of patented materials, equipment, devices or processes used on or
incorporated in the work.
B-11
B. GENERAL PROVISIONS, continued
5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued
M. Public Convenience and Safet
The Contractor shall so conduct his operations as to cause the least
possible obstruction and inconvenience to public traffic. Unless other
existing streets are stipulated in the special provisions to be used as
,:ctours, all traffic shall be permitted to pa;s thrcuoh the work.
Residents along the road or street shall be provided passage as far as
practicable. Convenient access to driveways, houses and buildings along
the road or street shall be maintained and temporary crossings shall be
provided and maintained in good condition. Not more than one cross or
intersecting street or road shall be closed at any one time without
approval of the Engineer.
The Contractor shall furnish, erect and maintain such fences, barriers,
lights, signs and flagmen as are necessary to give adequate warning to
the public at all times that the road or street is under construction
and of any dangerous conditions to be encountered as a result thereof,
and he shall also erect and maintain such warning and directional signs
as may be furnished by the City. All costs of furnishing flagmen shall
be considered to be included in the various bid items, and no special
compensation will be allowed.
N. Resr:;nsibility for Damage
The City of Cupertino, the City Council, the Engineer or his agents shall
not be answerable or accountable in any manner for any luso or damage that
may happen to the work or any part thereof; or for any material or equip-
ment used in performing the work; or for injury or damage to any person or
persons, either workmen or the public; for damage to adjoining property
from any cause whatsoever during the progress of the work or at any time
before final acceptance.
The Contractor shall indemnify and save harmless the City of Cupertino,
the City Council and the Engineer or his agents from any suits, claims or
actions brought by any person or persons for or on account of any injuries
or damages sustained or arising in the construction of the work, or in con-
sequence thereof. The City Council may retain so much of the money due the
Contractor as shall be considered necessary, until disposition has been -
made of such suits or claims for damages as aforesaid.
0. Contractor's Responsibility for Work
Except as provided above, until the formal acceptance of the work by
the City Council, the Contractor shall have the charge and care thereof
and shall bear the risk of injury or damage to any part thereof by the
action of the elements or from any other cause, whether arising from the
execution or from the non -execution of the work. The Contractor 5iail
rebuild, repair, restore and make good all injuries or damages to any
portion of the work occasioned by any of the above causes before final
acceptance and shall bear the expense thereof, except such injuries or
damages occasioned by acts of the Federal government or the public enemy.
B-12
B. GENERAL PROVISIONS, continued
5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued
P. No Personal Liabilit
Neither the City Council, the Engineer nor any other officer or authorized
assistant or agent shall be personally responsible for any liability
arising under the contract.
Q. Responsibility of the City
The City of Cupertino shall not be held responsible for the care or
protection of any material or parts of the work prior to final accep-
tance, except as expressly provided in these specifications.
R. Public Liability and Property Damage Insurance
Before the contract is entered into, the bidder to whom it is awarded
shall furnish to the City Council satisfactory proof that he has taken
out for the period covered by the proposed contract, public liability
insurance and property damage insurance with an insurance carrier satis-
factory to the City under forms satisfactory to the City, to protect
the City of Cupertino against loss from liability imposed by law for
damages, (1) on account of bodily injuries, including death resulting
therefrom, accidentally suffered or alleged to have been suffered by any
person or persons not employed by the Contractor, that may be caused
directly or indirectly by the performance of the contract, and (2) on
account of injury to or destruction of property, including the resultant
loss or use thereof, resulting from any act of the City or -omission by
the Contractor, or otherwise resulting directly or indirectly from his
operations in the performance of the contract.
Said insurance shall also directly cover and protect the City of Cupertino,
a municipal corporation, its elective and appointive boards, officers,
agents and employees, and shall be maintained by the Contractor in full
force and effect during the entire period of performance of the contract.
Said public liability insurance shall be in amounts not less than $300,000
for one person injured in one accident and not less than $500,000 for more
than one person injured in one accident, and said property damage insurance
shall be in an amount not less than $200,000.
If the Contractor fails to maintain such insurance, the City may take out
such insurance to cover any damages of the above-mentioned classes for
which the City might be held liable on account of the Contractor's failure
to pay such damages, and deduct and retain the amount of the premiums from
any sums due the Contractor under the contract.
Nothing herein contained shall be construed as limiting in any way the
extent to which the Contractor may be held responsible for payment of
damages resulting from his operations. The insurance shall run for the
length of the contract and, in addition, to the one year guarantee date.
S. Cooperation Between Contractors
Where two or more Contractors are employed on related or adjacent work,
each shall conduct his operations in such a manner as not to cause any
unnecessary delay or hindrance to the other. Each Contractor shall be
B-13
B. GENERAL PROVISIONS. continued
5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued
responsible to the other for all damage to work, to person or property
or for loss caused by failure to finish the work within the time
specified for completion.
T. Workmen's Compensation
Pursuant to the requirements of Section 1860 of the Labor Code (Chapter
1000, Statutes of 1965), the Contractor will be required to secure the
payment of workmen's compensation to his employees in accordance with
the provisions of Section 3700 of the Labor Code.
Prior to the commencement of work, the Contractor shall sign and file
with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workmen's compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
Said certification is included in the contract, and signature and return
of the contract as provided in Section 3-1.03, "Execution of Contract,"
shall constitute signing and filing of the said certificate.
U. Evidence of Payment
Upon request by City, Contractor shall submit reasonable evidence that
all payrolls, materials, bills and other indebtedness connected with the
Work have been paid. If any liens for labor or materials furnished
hereunder remain unsatisfied after final payment by City, Contractor
agrees to pay City all monies that City may be compelled to pay in
discharging such lien, including all costs and a reasonable attorney's
fee.
B-14
B. GENERAL PROVISIONS, continued
6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT
A. Proposal Forms
All -proposals shall be submitted only upon blank forms prepared by the City
therefor and bound in the Special Provisions. All proposals shall state
the prices proposed, both in writing and figures and shall show a total, and
shall be signed by the bidder, with his address. If the proposals are made
by an individual, his name and post office address shall be shown. If made
by a firm or partnership, the name and post office address of each member of
the firm or partnership shall be shown. If made by a corporation, the pro-
posal shall show the name of the state under the laws of which the corporation
was chartered and the names, titles and business addresses of the president,
secretary and treasurer and the proposal shall show the corporate seal.
B. Proposal Guarantee
All proposals or bids shall be accompanied by a bidder's bond, cashier's
check or certified check made payable, in the amount of 10% of the proposal,
to the City of Cupertino as guarantee that bidder, if awarded the contract,
will within ten (10) days after notice of award, enter into a contract with
the City for the work. The amount of security shall equal or exceed the base
bid and all additive alternates, if any.
C. Rejection of Proposals Due to Irregularity
Proposals may be rejected if they show any alteration of form, additions
not called for, conditional or alternative bids not called for, incomplete
bids or erasures, or for irregularity of any kind. Only the proposal forms
prepared by the City shall be used.
D. Action on Proposals
The City Council of.the City of Cupertino may reject any and all bids deemed
not in the best interests of the public good and welfare and, further, may
reject the bid or proposal of any party whose performance on former contracts
has been delinquent or unfaithful, and shall reject all bids or proposals
other than the lowest acceptable bid or proposal. Decision as to the lowest
acceptable bidder rests with the City Council of the City of Cupertino, and
its decision thereon shall be final and binding on all bidders.
E. Award of Contract
Award of contract, if it be awarded, shall be to the lowest acceptable bidder
as determined by the City Council of the City of Cupertino and shall be made
within 30 calendar days from and after receipt of bids.
F. Contract Bonds
The Contractor shall furnish two good and sufficient bonds. Each of the said
bonds shall be executed in a sum equal to the contract price. One of the said
bonds shall guarantee the faithful performance of the said contract by the
Contractor; and the other of the said bonds shall be furnished as required by
the terms of Sections 4200 to 4210, inclusive, of the Government Code of the
State of California. Labor and materials bond will be released six months
B-15
B. GENERAL PROVISIONS, continued
6. PROPOSAL REQUIRDIEN'TS AND AWARD OF CONTRACT, continued
after the :iotice of Completion,and the Faithful Performance shall be reduced
to ninety (90) percent at the Notice of Completion. The remaining ten per cent
(10%) will be released at the end of one year.
G. Execution of :oncract
The successful bidder, as Contractor, shall execute the Agreement set
forth in the contract document and provide the contract bonds and insurance
certificates required therein within ten (10) days of notification of award
of contract. Failure to do so may result in annulment of award and for-
feiture of the proposal guarantee. No proposal shall be considered binding
upon the City of Cupertino until execution of a contract agreement.
H. Examination of Site and Plans and Specifications
The bidder is required to examine carefully the site of work and the pro--
posal, plans, specifications and contract forms for the work contemplated,
and it will be assumed that the bidder has investigated and is satisfied as
to rhe conditions to be encountered, as to the character, quality and
quantities of work to be performed and materials to be furnished, and as to
the requirements of the specifications and the contract. It is mutually
agreed that submission of a proposal shall be considered prima facie evidence
that the bidder has made such examination.
I. GUARANTEE OF WORK
The successful bidder, as Contractor, shall furnish a good and sufficient
bond, in the amount of 10%, acceptable to the City of Cupertino, which bond
shall guarantee that no part of the work shall show any defect for one (1)
year from the date of the Notice of Completion; that he will repair or replace,
at his own expense, any part of the work which may develop defects within such
period; that he will repair or replace or refinish with like apparatus or
materials or service any existing work which he may damage during such repair,
replacement or refinishing; and that he will leave the entire installation on
completion and acceptance in complete working order and free from any and all
defects in material, workmanship or finish.
J. PAYMENT
Not later than the first Tuesday of each calendar month, provided estimates
arrive by the last Tuesday of the previous month, the City_ will make
partial payment to the Contractor on the basis of a duly certified approval
estimate of the work performed and materials incorporated in the project
during the preceding calendar month, by the Contractor, but the City will
retain ten percent (10%) of the amount of each of said estimates until the
expiration of th_rty-five (35) days from the date of recording by the City
of Notice of Acceptance of completion of all work covered by this Contract
if such notice be recorded within ten days after the acceptance of completion
of such Contract as evidenced by resolution of its governing body; or, if
such notice be not so recorded within ten days, until the expiration of ninety-
five (95) days after the acceptance of completion of such work of improvements
as. evidenced by resolution of its governing body, at which time and not before,
.B-16
B. GENERAL PROVISIONS, continued
6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT, continued
the City shall pay to the Contractor the whole of the remaining ten percent
(10%) of said contract price so held back as provided. The payment of pro-
gress payments by the City shall not be construed as an absolute acceptance
of the work done up to the time of such payments, but the entire work is to
be subjected to the inspection and approval of the City, and subject to what-
ever inspection and approval may be required by law.
K. Standard Specifications)
The term "Standard Specifications" as herein used refers to the latest
RuWAsh.ed_edition of the State of California, -Department o£ Transporxation,--_-
Standard Specifica_tions,.as_revised._ Section numbers referzed_to_herein rafer
to that edition of_the-Standard Soecifications. Standard details of the City
of Cupertino are to supplement the Standards.
L. Public Opening of Proposals
All proposals submitted in accordance with these specifications shall be
opened and read publicly at the time and place indicated in the "Notice to
Contractors."
M. Subcontractor Listing
All bidders shall, on the forms provided in the proposal, list any and all
subcontractors which will be used on the project. The submission shall be
in accordance with Section 4104 of the Government Code. Incomplete forms
may be a cause for rejection.
N. Competencv of Bidders
All bidders are required to complete the "Bidder Qualification Form" as is
provided in the Proposal. Incomplete forms or experience not in the field
of work being bid on may be a cause for rejection.
B-17
MANN STATION VENTILATING SYSTEM
PROJECT 80-38
SCOPE:
This Project -involves providing and installing a complete air exhaust system
including fans, air silencers, ducts, bird screens, hardware, cooling coils,
and roof hoods.
LOCATION:
Consult Exhibit "A" for the specific location.
PLANS:
The plans entitled '14ann Station Ventilating System" are incorporated herein.
TIME OF COMPLETION:
The contractor shall diligently prosecute the work to completion prior to the
expiration of -30 (thirty) working days from the date of the contract.
No Saturday or Sunday work shall be allowed.
INSURANCE:
The Contractor shall provide $350,000.00 of "All Risk" Building Insurance in
addition to the Standard Liability and Property Insurance.
EXPLANATION OF BID ITEMS:
1. Duct Work and Exhaust Fans:
This bid item shall include all costs for providing and installing all ducts,
duct lining, fans, support devices, vibration isolators, bird screens, roof
hoods, and incidental devices and appurtenances.. The Contractor shall adhere
to the following specifications:
A. The Contractor shall provide shop drawing on all duct work and fan curves on
the 2 Each fans.
B. The Contractor shall adhere to all S.M.A.C.N.A. Manual provisions and shall
incorporate the following:
1. Diagonally cross break all flat surfaces.
2. Seal: all joints and connections.
3. Support or mount all fans, ducts and grilles with Unistrut P-1000
hardware at appropiate locations and/or with 1/4 lag bolts and Misc.
angles.
C: Line all ducts with 1/2" or 2" liner attached with adequate fasteners and
or adhesives. The top inside of the roof hood shall also be lined. ke oflex
Type 300-3pcf with black fire resistant coating.
D. The fans shall be installed so that they are removable and serviceable.
Disconnect switch by others.
2. Back Draft Dampers:....
The Contractor shall provide and install all motorized dampers and back draft
dampers as outlined on the plans, within the specifications or required to
complete the work.
A. Motorized dampers: Young or equal 110 Volt ---connections by others.
B. Dampers shall be American Warming & Ventilating or equal with blade seals.
3. Cooling Coils:
Shall be Trane --Type W. series 1824" x 60" --connection Eby others.
Provide adequate enclosure and attachment to the existing louvers and/or
concrete walls.
4. Bird Screens:
Provide 1/2", 16 gauge galvanized iron hardware cloth. Provide screens at
roof hoods and .all openings.
r
APPROVED BY: SUBMITTED BY
Fol� Bert J. Viskovich
Director of Public Works
C-9
Travice Whitten NJ
Assistant City Engineer