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85-015 Raisch Construction and General Industrial, Inc. for Hoover & Jollyman Subdivision Improvements & Asbestos RemovalCONTRACT FOR PUBLIC WORK CONTRACT made on 8th day of April, 1985 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and RAISCH CONSTRUCTION CO., hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for PROJECT 84-11 PROJECT A, SUBDIVISION IMPROVEMENTS - HOOVER B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Addendum No. 1 Note: The removal of hazardous materials is excluded. E. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of PROJECT 84-11, PROJECT A, SUBDIVISION IMPROVEMENTS - HOOVER, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, PROJECT 84-11, PROJECT A, SUBDIVISION IMPROVEMENTS - HOOVER Page 1 and which Plans and Specifications are identified by the signatures of the parties, to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: TWO HUNDRED FIFTY-SIX THOUSAND TWO HUNDRED EIGHTY-SIX DOLLARS ($256,286.00), (Project A), subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc., for, the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME -FOR COMPLETION. All work under this Contract shall be completed: ON OR BEFORE THE EXPIRATION OF SIXTY (60) WORKING DAYS AFTER A NOTICE TO PROCEED IS GIVEN BY THE CITY. If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City's Notice to Contractors. Page 4 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: P.O. Box 729; Mountain View, CA 94042 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of -the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third -party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage), which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $10,000,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $10,000,000 on account of one accident, and Page 6 Property Damage Liability Insurance in an amount not less than $10,000,000. The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. The Contractor shall list the City of Cupertino, the Cupertino Union School District, and the California Land Title Company as insureds on all insurance policies. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. Page 7 The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime 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 set forth in the Specifications and made a part hereof. Neither the 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. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: Op (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative -on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. Page 8 (d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249). 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the apprentices under the regulations of the craft is employed, and shall be employed only at the trade to which he is registered. Page 9 standard wage paid to or trade at which he work of the craft or Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1 -to -5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00) or twenty (20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. Page 10 "Apprenticeable craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1 -to -5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 -to -5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one -thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. Page 11 The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. Nothwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the.awarding body pursuant to this section shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) 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 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. Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the first Tuesday of each calendar 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 thirty-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 improvement as evidenced°by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu Page 13 thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing in lieu of the certificates, then a compliance by the with the requirements of said writing shall entitle the to the certificates. The payment of progress payments by construed as an absolute acceptance of the of such payments, but the entire work inspection and approval of the City, inspection and approval may be required by aforesaid, Contractor Contractor the City shall not be work done up to the time is to be subjected to the and subject to whatever law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified y the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, Page 14 on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of Two Hundred Fifty and no/100 Dollars ($250.00) for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. None Page 15 P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. Approved as to form y Attornec CITY OF CUPERTINO Mayo . City Clerk Date/City Clerk: 7 �� RAISCH CONS T RL)CTIOM (;Q, STATE OF CALIFORNIA COUNTY OF SANTA C LARD ss KATHY D. C A T O On this27thday of March 198 5 before me, a Notary Public 3n and for t e sa -d Count.y­and State, resid ng there n, duly commissioned and sworn, personally appeared STEVEN W. GOSSETT , known to me (or proved to me on the basis of satisfactor— f evidence to e t e person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO., aPconart- nership composed of A. J. RAISCH PAVING CO., a California Corporation, RAISCHINC., a California Corporation, and RAISCH EnUIPMENT CO., a California corporation, and acknowledged to me that, he subscrived the name of RAISCH CONSTRUCTION CR., a CO partnership composed of A. J. RAISCH PAVING CO., a California corporation, PRODUCTS. INC., a California corp name anameRAISCH a California Cor- asattorney-in-fact, poration, thereto as principal and h In witness whereof I have hereunto set County of Santa Clara the day and year . �tia�sabeea�„�7gaesq.sisa3gaaeq�z�snsaa�qb�a +� � UFFICIAL SEAL ' KATHY D. CATO � NOTARY PUBLIC CALIFORNIA w COUNTY OF SANTA CLARA Comm. Exp, March 24, 1989 {;,6:E`Ei•�a?C oil Egg Ids 11291811 NORDIC IDIM my hand and affixed my official seal in the in this certificate first above written. J otar u c n an or t o County o Santa Clara, State of California A. CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS PROJECT 84-11 PROJECT A - SUBDIVISION IMPROVEMENTS HOOVER PROJECT B - SUBDIVISIONS IMPROVEMENTS JOLLYMAN TO: 'I'lie 1)irector of Public Works, City of (:iipertilio, State oC California Dear Sir: w In compliance with the specifications 1"M iSlled for the Project 84-11, I, the under- signed, hereby declare that I have read the 11roposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth lierein on the incorporated schedule. The work involved is to demolish existing school facilities and construct standard subdivision street improvements and general site grading for a residential subdivisions. Ruilding demolition, site clearing, site grading, storm and sanitary sewers, asphalt concrete streets, concrete curb and gutter and sidewalks, aggregate base material, retaining walls, street lights and incidental work is all part of this contract. A bid bond in the amount of 10% is required. The City has two separate , P projects within tlii.s call fear bids, each project may be awarded to different contractors OR the City reserves the right to award both projects to a single contractor. The City Council shall determine the method of award. PROJECT "A" - HOOVER BID ITEMS BID ITEM EST.QTY. DESCRIPTION 1. LS Provide all demolition of existing buildings, utilities, paving and relatedppurtenances complete for , T ;Neta to_sa:4� Dollars/LS 2. LS Provide all earthwork, grading and compaction complete for 77 _ (a.,. J Dolla s/LS PROPOSAL "REVISED" PAGE 1 OF 10 PROJECT "A" -HOOVER UNIT PRICE F.XTFNCTlnM PROPOSAL PAGE CONTINUED_ PROJECT "A" - HOOVER BID — --- ITEM EST.OTY. DESCRIPTION UNIT PRICE EXTENSION 3. 36,690 SF Provide a square foot of 3" asphalt $ SF /17 concrete paving and 12" Class II ag- gregate including compaction & prime & aka oats pot to f r // Dollar SF 4. 565 SF Provide a square foot of 2-1/2" $ SF asphalt concret & 8" 1 II Base c Opp let.' fo� Dollars/SF 5. 2,433 LF Provide & install a lineal foot of a $ LF $ / standard curb & gutter includ. 4" aggre- gate b se c mp1 e for Dollars/SF 6. 5,130 SF Provide & install a square foot of a U $ �' SF standard sidewalk including 4" aggre- gate c 1 for -/jbase t� Dollars/SF � 7. 2,310 SF Provide & install a square foot of 5" Ort $ SF $'�%i thick d/r* way sid al,b�omplete for Dollars/SF 8. 3 EA Provide & install a an d drop °� $ /110 EA oa $ r inl 2comet f Zak, Dollars/EA 9. 104 IF Provide & install 1 ItR.0 Class ov IV completes f Dollars/LF 10. 4 EA Provide & install standard sanitary $ EA g distr� t manhoo complete or Dollars/EA 11. 1,126 LF Provide & install a lineal foot of 6" 60 $--Z=LF !7 Q V.C.P. including appurtenances complete $ for Dollars/LF PROPOSAL "REVISED" PAGE 2 OF 10 PROJECT "A" -HOOVER tS1U ITEM EST -QTY. DESCRIP-T_ZON UNIT PRICE EXTENSION 12- 27 EQ Provide & instal as 4" V Q� P . at ral $ EA complete for Dollars/EA 13os �o 10 EA Provide & install a standard street $ Q EA $ monument omple fo ^ y Dollars/EA O 14• 5 EA Provide & install 1 70 -watt H.P.S. $ D` EA $ �� D` el e r comp ante f o Dollars/EA 00 $ pU 15 220 LF Provide & install a lineal foot of $ LF 1-1/2" rigid conduit w/condu ors & appurtenances complete for Dollars/LF OU � 16 1 EA Provide & instatl a N 3-1/2 stare- $ $ -r dar undtion bco le for `Dollars/EA 17. LS Provide and in 11 a]/1 s t a /�rd g $ complete for D liars/LS 18. LS Provide and insk4l 6' Ziiain�rink feng ' $ complete for Dollars /LS PROJECT "A" - HOOVER - TOTAL: $ This project may be awarded as a separate project or as a combined project with Project "B", as determined by the City Council. If you do not want to bid on this Project, enter "N/A" @ total. PROPOSAL "REVISED" PAGE 3 OF 10 PROJECT "A" -HOOVER CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS PROJECT 84-11 PROJECT A - SUBDIVISION IMPROVEMENTS HOOVER PROJECT B - SUBDIVISION IMPROVEMENTS JOLLYMAN TO: T"\,I ir(Ctor of Public [forks, City ()r (;upertlno,StateofCal1fornin Dear Si In compliance with the specifications Furnished for the Project 84-11, I, the under- signed, Hereby eclare that I have read the proposal requirements and hereby propose to do all work r quired to complete the said work in accordance with the Specifications and/or Plans for ie amounts set forth herein on the incorporated schedule. 'I'lle work involved is o demolish existing s(•liool facilities and construct standard subdivision street impiovements and` -general site grading for a residential subdivision. Building demolition, site clearing, site grading, storm and sanitary sewers, asphalt concrete streets, concrete urb and gutter and sidewalks, aggregate base material, retaining walls, street ligh s and incidental work is all part of this contract. hid bond in the amount of 10 \is required. The City leas two separate projects within this call for bids, each awarded to different contractors OR lle City reserves tiie right to awardprojecboth be to a single contractor. The City Cou cil shall determine the method of award projects PROPOSAL "REVISED" PAGE 4 OF 10 PROJECT "B"-JOLLYMAN PROJECT "B" - JOLLYMAiN BID ITEMS BID ITEM EST.QTY. DESCRIPTION UNIT PRICE EXTENSION 1. LS Provide all demolition of existing bu'ldings, $ utilities, paving and related appurten ces ;'J� complete for r� Dollars /LS 2. LS Provide all earthwork, grading and com actio complete fors, ,,, r.,;1„ -�-t , . Dolla /LS 3. 36,700 SF Provide a square foot of 3" asphalt $ O concrete paving & 12" Class IIaggre- SF $ gate including compaction prime & s e Q(5k s c oe °f ob /Xt —' ;, fj x Dollars/SF PROPOSAL "REVISED" PAGE 4 OF 10 PROJECT "B"-JOLLYMAN L'1L ITEM EST.QTY. DESCRIPTION UNIT PRICE EXTENSION 00 c� 4, 12 TON Provide a ton of asphalt concrete over- $ � '� TN $ lay comp��o°r Doll /TON eo oU 5•\732S rovide & install a lineal foot of $ ` LF $� r7 tandard curb & gutter including 4" ggreg e e complete for Dollars/LF 6,rovide & inatall,.a square foot of a $ SFtandard sidewalk including4"aggre- ate _base plete for Dollars/SF 7. 1,625 SF Provi e & install a square foot of 5" $ '� SF $ ,SSG thick ivew idewalk complete for llars/SF oa 8. 532 SF Provide & inst 1 a square foot of 6" $ SF thick reinforce lley gutter complete for Dollars/S 9. 4 EA Provide & install a \stannd drop $� �— EA inlet c ete Oc r Dollars/EA 10. 308 LF Provide & insta 12' .C.P. Cl s IV $ LF $�� oa complete for Dollars/LF /� ov r, av 11. 15 LF Provide & ins / 15" R.C.P. com- $ (/ — LF $ plete for Dollars/LF od 12. 437 LF Provide & instate 1811/ R. om- $ LF plete for �/ -/ Dollars/LF o� 13. 5 EA Provide & install a standard storm $ S_.G�°= drain7manhol��Jcgmplete fob, f Dollars/EA PROPOSAL "REVISED" PAGE 5 OF 10 PROJECT "B"-JOLLYMAN ITEM EST.QTY. DESCRIPTi^-N UNIT PRICE EXTENSION 14. 32 LF Provide & install a lineal foot of 15 0 $ LF $ c'Z� C.M.P. (12 Gage mp`1Zte & in place for 61 Dollars/LF 15. 245 LF Provide & install a lineal foot of 10" 00 � LF �= $ C.T. te.�lace for 0 C.• co��e Dollars/LF 16. 6 Provide & install a concrete field $ ! ZA 00 $ inlet,91omplete, nd ie for ✓� � Dollars/EA 17. 6 EA Pr vide & install standard sanitary $ QQ �— EA $ a6y = dist manfiol co e tpr for Dollars/EA- 18.. 1,216 LF Provide & 'nstall a lineal foot of $ "r LF $ ;,� �= 8" V.C.P. i luding appurtenances com- plete for -,t 01 a s/LF 19, 19 EA Provide & instal 4" Vteral ov $Lq ' EA $ complete for Dollars/EA 20. 6 EA Provide & install a standa street a� mon t comp e for Dollars/EA 21, 300 LF Provide & install a lineal foot of o� $ LF $ masonry retaining wall complete r Dollars/LF 22. 5 EA Provide & install a 70- att H.P.S. O� ZA S elec Jai compl f Dollars/EA 23: 290 LF Provide & install a lineal foot of $ LF $ 1-1/2" rigid conduit w/conducJtprs & ` appurtenances complete. for Dollars/LF PROPOSAL "REVISED" PAGE 6 OF 10 PROJECT "B"-JOLLYMAN PROPOSAL PAGE CONTINUED: PROJECT "B"' - JOLLYMAN BID ITEM EST. OTY . 24. 1 EA DESCRIPTION UNIT PRICE EXTENSION Provide & instal �a N0. 3-1/2 standard $� EA $F o- - junct box co ete or Dollars/EA 25. L.S. Salva & re -install a lineal foot of aria' link nc' compl for ollars/LS 26. L.S. ovide in al 11 j4gcomplete fo Dollars/LS 27. 280 LF Provide install a lineal foot red- wood re / n al fence complete for Dol ars/LF JOLLYMAN - PROJECT "B" °U $ zJ SLS $ ( LS Dv $ ✓ LF D49 $ %EGD $ oa 00 $ This project may be awarded as a separate\ente or as a combined project with Project "A" determined by the City Council If you do not want to bid on the project "N/A" @ Total. *GRAND TOTAL FOR PROJECTS A & B: $ ✓ rX E EXCLUDE THE COST OFHANDLING AND REMOVAL OF HAZARDOUS MATERIALS, SBESTOS MATERIALS. 1, *If the amount bid on the Grand Total is less than the sum of the amounts bid on each of the individual projects, then the unit prices shall be reduced uniformly by the.same percentage. PROJECT "B'r - TOLLY,,LAN f7,/,/ -1 G J�� . E . saec___za==ors--isze=, _Ze u- u::de=s=gaed as =o "s exile= :ence and =o cL:a:_= as ar-a_c e: :,,-;.s proposal, and =ca - :61e _riczduiaess aac acc-_act - _;1e -----tea=- _s aeredv gua=3a=eek . yea=s 'as vou_ o=sar_:�_ac_on business ender =s =) Ho- ran,= yea=s' espe fence :a Doric comparable- - ands: :.Ie proposed cor.==ac= `--= ac =eII"' =ed has vou= organ._=ac=or, had by ary cane= came? // p - `-yn==ac=or' s i_cerse ;10 ^ Class=4 4_cac_on v��i`'��o� a , Sc=e Of (-al_�o__—z = �s= voric stela= in c na=acce= =c =la==equ=-ed _a cze proposed `.2s- ^m^_eced--Zou_ae_ze�asc on oo Personnel -4:: you= c=Ea�cac_on =e_ vea=s . e- -ss _=ca=_z7' and :o- w?om ?_-- _ %`tee te ---------------- PROPOSAL PAGE 8 )E 10 STATEMENT OF EXPERIENCE Following is a partial list of projects completed by Raisch Construction Co. during the past two years. 1983 Liman-Rinan 1983 Colony-Sierra/Vista 1983 First & Campen 1983 Wolfe Rd. Overcrossing 1983 Brokaw Road 1983 Agnew Village 1983 N. First St. @ 101 1983 BFI Transfer Station 1983 Arques-Fair Oaks 1984 Hellyer Avenue 1984 San Tomas & 101 1984 Ridder Park Drive 309,361.00 City of Gilroy 427,770.00 City of Mt. View 804,900.00 City of San Jose 1,739,139.00 City of Sunnyvale 3,597,735.00 City of San Jose 1,581,571.00 City of Santa Clara 348,020.00 State of California 1,314,591.00 Browning-Ferris Ind. 703,782.00 City.of Sunnyvale 1,915,100.00 City of San Jose 3,244,937.00 State of California 970,940.00 Carl Swenson Co. Raisch Construction Co. is experienced and equipped to perform the required work. RAI.SCH CONSTRUCTION CO. RONALD L. SHEARY Attorney -in -Fact 3-84:kc Z. 3. 4. 6. A. BID DOCT.:".x,15, ccnc_rued lama of Prcposad Scab-C.aa�at_cr, i= aa9 (SecLiaa 4104 Cove -,-=eat Code) Address of ShcQ or Of_ica of Sub-{oatracLar c (Seczica 4104 Cover ::== Code) A'V / 0 S Z SA^S co <W, 3. G A —.3-7m> c L 4 • S -� o T�Jcrk to be Perforaed 69 Sub-Coat_actor (Sectica 4104 cover -.meat Code) WD PROPOSAL PAGE 9 of 10 A . SLD DOC'^-r"'S __.._-'jued :OU .-,= AI. 7:iD:GIDUAL, SO SiAI�• IF YOU A.RE -'?u S �_;I= -r J1 :-i L=S' THE OP. - irri'IG 1 iti A_�' ES OF Tl �' �� - r C"`LnOSING -gr FIRM. I- A COF O ALL iDI IDUAL ?�, 7ERS r-. _ _I `1. n E�liI0N, STATS L=,Ali. AM 0 COP°j 'r1 0: I. '•°.:SIDE' -ten- S` 'US-: 3. -�_..D. � � _iAR: REASURER AL'M `1ANACE-7 . -- CO"r,?OF z-- r,?S '='r oUSINcSS . Individual Cc -Partnership �jG}zin Corporation Joint Venture Other (describe) RAISCH CONSTRUCTION CO., a copartnership p1 J A . Raisch: Petri ,rj Co., Raiisch Products, Inc., SNA:.E A ,D and. Rais-0h E.. ui�'jm.;Drit Co., A.G. Rairsch, Pres -'l ScIZ•iTL�'r E Or- BIDDER: .fooThcrnason, Secta:1' /Tre,ast'rcr, and Robert T. (--'Ar,1f ;ie, Fe:, l,:;t! °' a Vice President and Chief O,peratio.rl k1anager of 'acts corporation. Date �. Addenda Received: 0 - 1 4 5 Ronald L. Sheary, Attorney -in -Fact O - 7 /% b,/I [SIN Aaarsss ( 410,P) 6 - /---?,-, Phone Number PROPOSAL PAGE10 ot 10 \ (ATTACHMENT) EXHIBITS A & B Acct. No. 120-8411-953 City of Cupertino AGREEMENT NO. � ii BY THIS AGREEMENT made and entered into on the 20th day of Marrh 19 85 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and ! ame (1) General Industrial Insulation Inc. (2) I Address N. Buchanan Circle City Pacheco, Ca Zip hone (415)8 7-9830 (Hereinafter referred as CONTRACTOR), in co sideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: All labor, materials, & equipment required to complete the contract "Asbestos Removal—Hoover & Jollyman Subdivisions, Project 84-11-2" EXHIBITS: The following attached exhibits hereby are made part of this Agreement: The contract documents for Hoover & Jollyman Subdivisions, Project 84-11-2 —(A), and the Bid Proposal date 3-13-85 —(B). TERMS The services and/or materials furnished under this Agreement shall commence on and shall be completed before 4-16-85 3-19-85 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30,000.00 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. KbaKTthe City requir&vidence 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 ap rov, I of City,* , 2` X $r P.L.P.D.3,,15M1j©11311)�t 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 Travice Whitten Address P.O. Box 580 Department Public Works Cupertino, CA 95014 Telephone (408)252-4505 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the dayplldl-year first written above. CONTR TOR:�" CITY OF CUPERTINO: By4By � RECEIVED Title ' Title s) TAn/1' G�/Ty m APPROVALS 4 1985 MAR 27 19 Department Head s Date c.j.t Date Z Il` BID PROPOSAL ASBESTOS REMOVAL HOOVER & JOLLYMAN SUBDIVISIONS PROJECT 84-11-2 TO THE DIRECTOR OF PUBLIC WORKS: Dear Sir: In compliance with the provisions of the request for bid proposals - ASBESTO- REMOVAL - Hoover & Jollyman Subdivisions Project 84-11-2, I, agree to perform all work required by the existing conditions or outlined by these specifications for the amount indicated herein below. No bid bond is required. Insurance is required as outlined in the specifications. BID ITEM No. 1 - Remove all material contaminated by asbestos fibers and properly dispose of all removed material for Thirty Thousand ($30,000.) /L.S. (Dollars/L.S.) • �__ President (Signed) GENERAL INDUSTRIAL INSULATION, INC (Company) 03/13/85 (Date) (415) 827-9830 (Phone #) PROPOSAL PAGE t of 1 ASBESTOS REMOVAL HOOVER & JOLLYMAN SUBDIVISIONS PROJECT 84-11-2 MARCH 13, 1985 WEDNESDAY 2:00 P.M. Bert J. Viskovich, Director of Public [forks City Hall 10300 Torre Avenue Cupertino, Calif.. 95014 (403) 25204505 ASBESTOS REMOVAL HOOVER & JOLLYMAN SUBDIVISIONQ P'V)J*EG'I' 84-11-2 TABLE OF CONTENTS A. PROPOSAL B. SPECIFICATIONS 1. SCOPE 2. LOCATION OF THE 14ROK 3. PLANS AND SPECIFICATIONS 4. TIME OF COMPLETION 5. SUBMISSION OF BIDS 6. LIQUIDATED DAMAGES 7. TIME IS OF THE ESSENCE 8. SUBMISSION OF BIDS 9. STANDARDS AND TECHNICAL PROVISIONS 10. INSURANCE ll.. NOTIFICATION AND PERMITS 12. STANDARDS AND TECHNICAL PROVISIONS BID PROPOSAL ASBESTOS REMOVAL HOOVER & JOLLYMAN SUBDIVISIONS PROJECT 84-11-2 TO THE DIRECTOR OF PUBLIC WORKS: Dear Sir: In compliance with the provisions of the request for bid proposals - ASBESTO- REMOVAL - Hoover & Jollyman Subdivisions Project 84-11-2, I, agree to perform all work required by the existing conditions or outlined by these specifications for the amount indicated herein below. No bid bond is required. Insurance is required as outlined in the specifications. BID ITEM No. 1 - Remove all material contaminated by asbestos fibers and properly dispose of all removed material for /L.S. (Dollars/L.S.) (Signed) (Company) (Date) (Phone #) PROPOSAL PAGE t of 1 INFORMAL BID PROJECT ASBESTOS REMOVAL HOOVER & JOLLYMAN SUBDIVISIONS PROJECT 84-11-2 SCOPE: This project is to remove and properly dispose of hazardous materials which exist as coatings and.pipe wrappings @ two (2) school sites. The buildings involved in this project are to be demolished as soon as this project is completed, The work shall comply with all hazardous material. regulations of the En- vironmental Protection Agency, the Division of Occupational Safety and Health Administration, the Bay Area Air Quality Vanagement District and related agencies. LOCATION OF WORK: The work is located .@ the Hoover and Jollyman School sates as is shown on Exhibit "A". The site may be field inspected by contacting the City of Cupertino Public Works Department. PLANS AND SPECIFICATIONS : The plan entitled "Asbestor Removal" Hoover and Jollyman Sites is incorporated herein by this reference. TIME OF COMPLETION: The Contractor shall start the work within ten (10) days from award of the contract. The work shall then proceed to completion within ten (10) working days from the Notice to Proceed. SUBMISSION OF BIDS: The Contractor shall submit sealed written bids to the City Clerk on the enclosed form prior to 2;00 p.m. March 13, 1985. Only sealed bids on City forms provided herein submitted by the time due will be considered. LIQUIDATED DAMAGES: The work to be performed shall be completed pursuant to the Time of Completion requirements outlined herein. Should the Contractor fail to complete this contract and the work oulined herein,then the parties to this contract agree that it is impractical or extremely difficult to fix the actual damages to the Cite & therefore agree that the Contractor shall be liable to the City for $100.00 per day. SPECIFICATIONS PAGE .l. of 2 HOOVER & JOLLYMAN SUBDIVISION PROJECT 84-11-2 - TIME IS OF THE ESSENCE: The Contractor is alerted to the fact that this contract requires a con- centrated effort to complete the work within the oulined schedule. Time is of the essence in this contract. INSURANCE: The Contractor is to take out,and maintain during the life of the Contract. Public Liability and Property Damage insurance equal to $10,000,000. The City of Cupertino, the Cupertino Union School District shall be named as Insureds. NOTIFICATION AND PERMITS: The Contractor shgil notify all appropriate governmental agencies of his in- tention to proceed with removal of the asbestos. All permits and air quality protection measures shall be taken to insure all waste, debris and materials are properly disposed of in accordance with appropriate regulations. The Contractor shall certify to the City that all materials are properly disposed of in accordance with the regulations oulined herein. STANDARDS AND TECHNICAL PROVISIONS: The Contractor shall comply with the provisions of the following agencies: I. Environmental Protection Agency C.F.R. Title 40 - Subpart M - National Emissions Standards for Asbestos 2. Bay Area Air Quality Management Board Regulation 11 - Hazardous Pollutants - Rule 2 - Asbestos. 3. California Department of Industrial Relations - Title 8 - California Administrative Code, Section 5208 - Asbestos 4. City of Cupertino Administrative Provisions of the Municipal Code, SPECIFICATIONS PAGE 2 01 2 REVIEWED BY: c l Travice Whitten Assistant City Engineer SIGNATURE PAGE APPROVED BY: B.rt J. Vis Drector of ich blic Works A 1