HomeMy WebLinkAbout1988-014
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RESOLUTION NO.
88~14
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO SCC GENERAL CONTRACTOR FOR FURNISHING AND INSTALLING
3 SKYLIGHTS AT CENTRAL CITY MALL.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
SCC General Contractor is the lowest
responsible bidder for: Furnishing and installin~ Skylights at
Central City Mall, in accordance with Plan No. 7336, for the
total amount of $31,828.00, a contract for Schedule No. Two is
awarded to said bidder accordingly, but such award shall be
effective only upon the contract being fully executed by the
parties; all other bids therefor are hereby rejected; and the
Mayor is hereby authorized and directed to execute said contract
on behalf of the City; a copy of the contract is attached hereto,
marked Exhibit IIAII and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. Execution and Amendments. This contract and
any amendments or modifications thereto shall not take effect or
become operative until fully signed and executed by the parties
and no party shall be obligated hereunder until the time of such
full execution. No oral agreements, amendments, modifications
or waivers are intended or authorized and shall not be implied
from any act or course of conduct of any party.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the lqrh
, 1988, by the following vote, to-wit:
day of
January
Council Members
AYES:
Estrada, Reilly. Flores,
12/23/87
,.
Spe~ial ~rovision No. 7336
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9 day of
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__.__._~~3.d sl~X~ iI!9r ~~_ Pop~ -_~ u~~_9:.!l!'.__!':1 i ~!_e.:r-
NAY.S':
___.N.Q n.e.._..
ABSEN.T.: -.-None
o4I?~??d1f:~
./ City lerk
The fore~oing resolution is hereby approved this ~/~
Jannary
, 1988.
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14 and legal content:
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12/23/87
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the City 0 San Bernardino
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CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIAL PROVISIONS NO. 7336
FOR
FURNISHING AND INSTALLING
SKYLIGHTS
AT
CENTRAL CITY MALL
DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
NOVEMBER, 1987
GIT~ CLE~~
f~ ~ (il
BIDS WILL BE RECEIVED UP TO THE HOUR OF
2:00 P.M. December 22 , 1987
" ,f
o.HI81T A
Engineer's Estimate $
40,000.00
:
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive
bids or proposals for:
FURNISH AND INSTALLING SKYLIGHTS AT CENTRAL CITY MALL,
IN ACCORDANCE WITH SPECIAL PROVISIONS NO. 7336, ON
FILE IN THE OFFICE OF THE CITY ENGINEER, CONVENTION
CENTER ADJACENT TO CITY HALL.
Deliver all bids to the City Engineer's Office, Convention
Center adjacent to City Hall, 300 North "0" Street, San Bernardino,
California, with the specification title and number clearly marked
on the outside of the envelope.
Said bids or proposals will be received up
2:00 p.m., on December 22
time all of said bids or proposals will be
amined and declared in the City Engineer's
Convention Center adjacent to City Hall.
to the hour of
, 1987, at which
publicly opened, ex-
Conference Room,
No bid will be received unless it is made on a proposal form
furnished by the City. All bids or proposals shall be signed,
sealed and accompanied by cash, cashier's check, certified or
bid bond made payable to the City of San Bernardino, in the
amount of ten percent (10%) of the bid. Such cash, check or
bond shall be given as a guarantee that the bidder will enter
into the contract if awarded to him. In the event the bidder
refuses to execute said contract, the use by the public of the
improvements will be delayed, and the public will suffer great
damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore,
the City and the bidder agree that the above sum of 10% shall be
paid to the City upon the condition above set forth as liquidated
damages and not as a forfeiture. All bonds furnished pursuant
to this notice must be underwritten by a surety company having a
rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San
Bernardino, by Resolution No. 12846 and any and all amendments
thereto which are hereby referred to and made a part thereof by
reference as fully as though set forth at length herein, have
ascertained and determined the general prevailing rate of per
diem wages, and of per diem wages for legal holidays and over-
time work for each craft or type of workman needed in the
execution of contracts under jurisdiction of said Mayor and
Common Council.
Said prevailing rates of wages shall conform to "General Prevail-
ing Wage Determination made by the Director of Industrial
Relations", filed in the Office of the City Clerk, which are made
a part of said Resolution No. 12846 and amendments thereto.
It shall be mandatory upon the contractor to whom the contract
is awarded and upon any sub-contractor under him to pay not less
than said specified rates to all laborers, workmen, and mechanics
employed by them in the execution of the contract, and to prevent
discrimination in the employment of persons because of race,
creed, color, or national origin, as set forth in the provisions
of Resolution No. 7414 of the Mayor and Common Council of the City
of San Bernardino.
The Contractor may substitute securities for any monies withheld
by the Agency to ensure performance under the contract as provid-
ed for in Section 4590 of the California Government Code and
Section 10263 of the California Public Contract Code.
No bid will be accepted from a contractor who is not licensed in
accordance with the provisions of Chapter 9, Division III of the
Business and Professional Code.
The City of San Bernardino reserves the right to reject any and
all bids. No bidder may withdraw his bid within 60 working
days from the date of the bid opening.
Plans and Specifications may be obtained from the City Engineer's
Offi ce, Conventi on Center, adjacent to Ci ty Ha 11, 300 North 110"
Street, San Bernardino, California, 92418.
A mandatory pre-bid field review for prospective bidders will be
conducted on December 15 , 1987, at 10:00 a.m. The re-
view will commence at the Information Booth on the 2nd level of the
Mall, at the main entrance to the J. C. Penney Store. All bidders
are required to attend.
CITY OF SAN BERNARDINO
SHAUNA CLARK, City Clerk
, , "-I' ("'': I:, '. ;-', , ,'- .J ---I C i..-
II \..: I \-1 L ,'...I h ,....; Ii ::'1\ I . v L
-=,e:::C!;::!C;:'-I-i,J~; ~]J, 7336
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_ :,.\ j-E .1Il28l8.7-- & 12/3/87__.
SECOI\U ~;~'3L:C,::,TiGi'J ;:::'. ~ D,;'(;j LATER
SIGNATURE..
"_' DA TE________.
PROPOSAL FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the
location of the proposed work, that he has examined the
plan and read the accompanying instructions to bidders and
hereby proposes to furnish any and all required labor,
materials, transportation and service for FURNISHING AND
INSTALLING SKYLIGHTS AT CENTRAL CITY MALL, in strict conform-
ity with Plans and Special Provisions No. 7336, City of San
Bernardino, Department of Public Works, and also in accord-
ance with Standard Specifications for Public Works Construc-
tion, 1985 Edition, and he proposes and agrees if this proposal
is accepted, that he will contract with the City of San
Bernardino, in the form of the copy of the contract annexed
hereto, to provide all necessary machinery, tools, apparatus
and other means of construction, and to do all the work and
furnish all the materials specified in the contract, in the
manner and time therein prescribed, and that he will take in
full payment therefor the following unit prices of lump sum
prices, to-wit:
i
I
I ,
ITEM
QUANTITY
UNIT
BID SCHEDULE ONE
SPECIAL PROVISIONS NO. 7336
DESCRIPTION OF ITEMS WITH
UNIT PRICE WRITTEN IN WORDS PRICE
TOTAL
1 .
1
L . S .
Remove, repair and replace L.S.
(3) units of skylights includ-
ing all appurtenant facilities
as called for in Special
Provisions No. 7336, at the
lump sum price of
TOTAL BID SCHEDULE ONE $
. / /"\
0,,' ',-"
I i I)' \
1'1 . I
:' t--'
ITEM
1 .
BID SCHEDULE TWO
SPECIAL PROVISIONS NO. 7336
QUANTITY
1
DESCRIPTION OF ITEMS WITH
UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL
L.S. Remove (3) units of skylights L.S.
and install (3) completely
new skylight units, includ-
ing all appurtenant facilities
as called for in Special
Provisions No. 7336, at the
lump sum price of
atrf~~~~,1I Z~ 9:Jg~
NOTES:
~
TOT AL BID SCHEDULE TWO $ -5/ J 8"~~ ---
,/
The City reserves the right to award a contract for
Bid Schedule One only, or Bi~ Sche~ule TW9. .
The unit price must be written in words and also
shown in figures. The total price must be extended
for each item of work and the total of all items
inserted in the space provided.
In case of a discrepancy between words and figures. the
words shall prevail.
It fl the understanding of the undersigned that the work
hereinabove descrfbed shall be co..enced within 10 days
fro. the date of the -Notice to Proceed tll and shall be co.-
pleted wtthfn 25 working dlYs fro. the dlte of said
notice.
The undersigned further agrees that in case of default in
executing the contract. or furnishing necessary bonds, all
within the specified ti.... the proceeds of the Bidder's
Guaranty accompanying this proposal shall be paid to the C1 ty
of San Bernardino as liquidated da.ages.
Licensed in accordance with an act providing for the
re g 1 s tra t ion 0 f co n tra c to r s. Lice n se No. .,., 4'J2S'3<7:~
Classification
FIRM NAME:
BUSINESS ADDRESS:
SIGNATURE OF BIDDER:
If an individual, so state. If a firm or co-partnership,
state the firm name and give the names of all individuals, co.
partners composing the firm. If a corporation, state legal
name of the corporation, also the names of the president,
secretary. treasurer and manager thereof.
Telephone No. (7/f) <fl~q'- 7::.~Z----
Da ted
/le--
/
?-2)
/'
, 198?
, DESIGNATION OF SUB-CONTRACTORS
In compliance with the Provisions of Section 4100-4108 of the Government Code of the
State of California, and any amendments thereof, each bidder shall set forth below
the name and location of each sub-contractor who will perform work or labor or render
service to the contractor.
TRADE
LICENSE NO. ClASS[FICATI0N
~
(
"
CERTIFICATION
I am aware of, will comply with, Section 3700 of the
Labor Code, requiring every employer to insured against
liability for Workers' Compensation or to undertake self-
insurance before commencing any of the work.
Contractor
NAME OF
BY:
TITLE:
DATE:
FM ~C?@a?U~l artl-Lc~~
//~~
ii:;:Jjl;
[- ~ The Ohio Casualty Insuranc~o~~~~~~~l
HAMILTON. OHIO
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, SCC GENERAL CONTRACTORS
(hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM-
P ANY, a corporation organized under the laws of the State of Ohio, with its principal office in the
City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of
CALIFORNIA as Surety, are held and firmly bound unto THE CITY OF SAN BERNARDINO
(hereinafter called the Obligee) in the penal sum of 10% OF THE AMOUNT BID
,. Dollars ($ 10% )
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has
submitted the accompanying bid, dated December 22, . 19 87 ,forFurnish and Install
skylights at Central City Mall (Special Provisions #7336)
NOW, THEREFORE, if the Obligee shall make any award according to the terms of said
bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said
bid and give bond for the faithful performance thereof within the time specified; or if no time is
soecified within thirty days after the date of said award; or if the Principal shall, in the case of failure
STATE OF CAUFORNlA } .. . .. -- ___4__ -':--~.I" or;.;n.. bv reason of
~ COUNTY OF
I
'I
On this ..~~~~.. day of }?~~~~~~~.................., in the year .t~.~.7..., before me,
~
...~~~E.~..~!.~)?~!..~................................., a NOTARY PUBLIC in and for said
(Notary', Name)
State, personally appeared ......lU..~h..~.~l~~n..............................., personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney-in-
fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
edged to me that he (she) subscribed the name of THE OHIO CASUALTY
INSURANCE COMPANY thereto as Surety and his (her) own name as
attorney-in-fact. ............d:::.;:.;;:;:-;:.<;!.~!i~~..................
Notary Publ~' ~and for laid State
. 'If
My Commileion Expires.... .~eI.. gg ol.. ;1;9.9.9....... ........... ...........
)~ OFFICIAL SEAl
. ;,,-;' DONNA BROBERG
, ~ - NOTARY PUBLIC-CALIFORNIA
~ ... NOTARY BONO FILED IN
~'_ SAN BERNARDINO COUNTY
My CommiSSion Expues May 22. 1990
S-q828
~
BOND #2-505-840-1
00 The Ohio Casualty Insurance Company
HAMIL TON. OHIO
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, SCC GENERAL CONTRACTORS
(hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM-
P ANY, a corporation organized under the laws of the State of Ohio, with its principal office in the
City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of
CALIFORNIA as Surety, are held and firmly bound unto THE CITY OF SAN BERNARDINO
(hereinafter called .the Obligee) in the penal sum of 10% OF THE AMOUNT BID
~ Dollars ($ 10% )
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has
submitted the accompanying bid, dated December 22, . 19 87 , forFurnish and Install
skylights at Central City Mall (Special Provisions #7336)
NOW, THEREFORE, if the Obligee shall make any award according to the terms of said
bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said
bid and give bond for the faithful performance thereof within the time specified; or if no time is
specified within thirty days after the date of said award; or if the Principal shall, in the case of failure
so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of
such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other-
wise to remain in full force and virtue.
Signed, Sealed and Dated this......~.~.~.~.......day of ...~~.~.~~.~~!.. .................., 19...~.?..
H...$G~.. . .N~~~I~~~roRs..............
By.... . .. ..~.-kT..................................
rn:;Hlr~/::1tl.d....'...I~~~.~~~~.~~~.~.~~
;:tir De fAliomtl)'.lD.Fact
S.Ul.Rev.
CEIlTuJd) COpy OP POWEll OF A1AOIlNEY
Td OBlO C:AS1JALTY INS1JBANm (:OMPANY
lIOII& OPPJCK. HAlllLTOIC. 0100
..
No. 21-586
Euar All .,. ... .... JrrJItUU: net 1liE OHIO CASUALlY INSURANCE COMPANY. ia panaa..
01 .atJaoftt7 ....... .. ~ VI. Sectioa 7 of the B,.-La.. of .id CompaD,.. d... b..,. Dommat.. coutitute .ad .ppoiatl
-"
Blair Belden or Donald~C. Schlotter, Jr. - - - - - - of Colton, California - - - - -
it. true .Dd Jawfal ...., ...' .ttota.,. -m.fact. to mak.. .SKate. ...1 aDd d.li"r for .Dd OD iu IMheU .. .ar.tJ'. aad ..
iu .ct .Dd deed ..,. aad aD BONDS. UNDERT AKJNGS. .Dd RECOGNIZANCES, Dot exceecliD, iD .D,. .m.a. _taDC.
TWO MILLION - - - - - - - - - - - - - - - - - - - - - - - -($2 000 000.00 - -) ~ua~
eseladia.. bowwer. .D,. Mad(.) or aDdertaki...(.) par.Dteei... the paymeDt of note. a;d mteieat thereoD
ADd the .s8Catioa of .ach boDd. or aDdertakinp Ua punaaace of theM preeenUe .hall be a. billdillJ UpoD aid CompaDl'
a. fully aDd ampl,.. to .n iDteDu .Dd purp..... a. if th.e,. had beeD duly executed aDd ackaowledcecl b,. the r....rly
elected oSc.n of the COmpaD,. .t it. oSee ill HamiltoD, Ohio, iD their OWD proper p.r.olU.
Th. aatboritJ' paDted b.r.aDd.r .up.nedee aD,. previoua autllority beretofore .ranted the aho..e umed attom.,.(.)-ia-fact.
1D WITNESS WHEREOF. the under.igned. officer of the ..id The Ohio c..ualty
luurance Compally he. hereunto .ub.cribed hi. name aad affised tile Corporat. SeaJ of the
..id Th. Ohio c..ualty wurance Company thia 9th day of May '9 85 .
STATE OF OHIO.
COUNTY OF BtJ'I1.ER
} SSe
(Siped) Richard T. Hoffman
................ ....... .........................................................................
Asst. Secretary
OD thU
9th
day of
May
A. D. 19 85
before
the .ub.crib.r, a Notar,. Public of the State of Ohio, in and for the County 0' Butler. duly commiuioned and qualified. cam.
Richard T. Hoffman, Asst. Secretary - - - of THE OHIO CASUALTY INSURANCE COMPANY. to m.
penonally kDOWD to be the individual and ollicer c!eacribed in. and who executed the preceding inatrument, and he acknow.
ledged the esecution of the ..me, aDd beinll by me duly .worn depoaeth and .aith. that he i. the ollicer of the CompaD,.
afore.aid. and that tile ...1 allixed to the preceding inatrument i. the Corporate Seal of aaid Company. and the ..id Corporate
Seal an.c:l hi. .ipatur. a. oSicer were duly aSised and aub.cribed to the ..id inatrumen.t by the authority aDd clirectioD of the
..id CorporatioD.
~",ur.11II"1fl
,~~~.l..~l~,'
I......~ -<,
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,&~ i"rt'o'!i'l
-...',""...........
IN TESTIMONY WHEREOF. I ha"e hereunto .et my hand aDd aSixed my Official
Seal at the City of HamiltoD. State of Ohio. the day and year fir.t .bove writteD.
(Siped)
Dorothy Bibee
"N;;;~;;' p~.b.ii.~..i.;:.~~;i"f:;.C:::;:;;;;.:tB.~d~;:.S;:;:.:f..Obi'~'.'
My Commiuion expire. ..9~.~~~~~.:....?~.~....~.?~.?.:.......
Thia power of attorney i. granted under and by authority of A rticle VI, Section 1 of the By-law. of the Company, adopted by
it. directon on April 2. 1954, extract. from which read:
"ARTICLE vr'
"Section 1. Appoinbnent of AUol'1ley-in.Fact. etc. The chairman of the boud, the preaident. any "ice-president. the
aecretary or any a..iatant eecretary .hall be and ia hereby veated with full power and authority to appoint attorney.-in-fact
for the purpo.e of .igJUnll the name of the Company a. .urety to, and to execute, attach the corporate .eal. acknowledge
and deliver any and all bond.. recognizance., atipulationa, undertaking. or other inatrumenta of .urety.hip and policies of
insurance to be lP"en in favor of any individual, firm. corporation, or the official repreaentative thereof, or to any county
or state, or any official board or board. of county or .tate. or the Unitec:l Statu of Amorica, or to any other political aub-
divi.ion. ..
Thi. in.trument i8 .iped and .ealeel by facaimile a. authorized by the following Re.olution adopted by the directon of the
Company on May 27. 1910:
"RESOLVED that tll. .ipature of any officer of the Company authorized by Article VI Section 7 of the by-law. to appoiDt
attorney. in fact, the .ipature of the Secretary or any A.siatant Secretary certifying to the correctnea. of any copy of a
power of attorney and the .eal of the Company may be affixed by fauimile to any power of attorney or copy thereof .aued
on behalf of the Company. Such .ipature. and .eal are hereby adoptec:l by the Company a. original .illaature. and ..al.
to be ..alid and bindinll up Oil the Company with the aame force and effect a. thougb manually affixed:'
CERTIFICA TE
I. tile underaigned Aaai.tant Secretary of The Ohio Caaualty In.urance Company, do hereby certify that the foregoin. power
of attorney. Article VI Section 7 of the hy-Iaw. of the Company and the above Re.olution of it. Board of Director. are true
and correct copie. and are in full force and effect on tbia date.
IN WITNESS WHEREOF..I have hereunto .et my hand and the .ea 1 of the Company thi.
day of
A.D.. 19
'~.~-47~~
.I
.~ Assistant Secretary
."
SPECIAL PROVISIONS
SECTION I
SPECIFICATIONS AND PLANS
1-1.01 GENERAL -- The work embodied herein shall be done in
accordance with the Standard Specifications for Public Works
Construction, 1985 Edition, and City of San Bernardino Standard
Drawings, insofar as the same may apply and in accordance with the
following special provisions.
1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the
following terms are usea, they shall be understood to mean and refer to
the following:
Agency
Board
The City of San Bernardino.
The Mayor and Common Council for the C1 ty of San
Bernardino.
Engineer
The Director of Public Works/City Engineer for the
City of San Bernardino.
Laboratory - The laboratory to be designated by the Ci ty of San
Bernardino to test materials and work involved in the
contract.
Notice Advertising for Bids
Notice Inviting Bids.
Standard Specifications Standard Specifications for Public
Works Construction.
Other terms appearing in the Standard Specifications, and these
Special Provisions, shall have the intent and meaning specified in
Section 1-2, "Definitions," in the Standard Specifications.
In case of conflict between the Standard Specifications and these
Special Provisions, the Special Provisions shall take precedence over
and be used in lieu of such conflicting portions.
SP-1
SECTION 2
2-1 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL Bids must be submitted on the proposal
form contained hereln. All bid proposals shall be signed,
sealed and accompanied by cash, cashier's check, certified check or
bid bond made payable to the Ci ty of San Bernardi no, in the amount
o f ten per c en t (I D S) 0 f the bid. S u c h cas h, c he c k or bond s hall be
given as a guarantee that the bidder will enter into the contract,
if awarded to him. In the event the bidder, to whom the contract is
awarded, refuses to execute said contract, the use by the pUblic of
the improvements will be delayed and the public will suffer great
damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore,
the City and the bidder agree that the proposal guarantee of IDS of
the bid shall be paid to the City upon the conditions set forth
above as liquidated damages and not as a forfeiture. Bid bonds
shall be underwritten by a surety company having a rating in Best's
most recent Insurance Guide of II A" or better.
SECTION 3
3-1 AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL Award of the contract will normally be
made by the Mayor and Common Council at the subsequent Council
Meeting after opening of the bids. The bidder, to whom the contract
is awarded, shall file with the Engineer all required bonds and
insurance policies, and execute the contract, within 10 calendar
days after receiving notification of the award. Failure to file the
stipulated documents and execute the contract within the prescribed
t i me s hall con s tit u te good and s u f f i c i en t g r 0 un d s for r e c e s s i on 0 f
the award and payment of 10% of the bid to the City as liquidated
damages.
3-1.02 CONTRACT BONDS The Payment and Faithful
Per for man C e 80 n'(rS'-sharr-be-ri 1 e d wit h the E n gin e e r be for e the
contract is executed by the City in accordance with Section 2-4,
"CONTRACT BONDS," of the Standard Specifications.
SECTION 4
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK,
TIME OF COMPLETION AND LIQUIDATED DAMAGES
4-1
,
4-1.01 Attention is directed to the provisions in Section
6-1, "Construction Schedule and Commencement of Work," in Section 6-
7.1, "Time of Completion ,11 and in Section 6-9, "Liquidated Damages,"
of the Standard Specifications and these Special Provisions.
SP-2
The Contractor shall diligently prosecute the
completion before the expiration of
25 WORKING DAYS
from the da te of the /I NOT ICE TO PROCEE D. II
The Contractor shall pay to the City of San Bernardino the sum
of S100.00 per day, for each calendar days' delay in finishing the
work in excess of the number of working days prescribed above.
w 0 r k to
SECTION 5
5-1.01 LIABILITY INSURANCE The Contractor's attention is
directed to Sect10n 7-3, "L1aoility Insurance,1I of the Standard
Specifications. providing that the Contractor shall furnish the City
with a policy or certificate of liability insurance as prescribed
therein. prior to execution of the contract.
5-1.02 WORKMEN'S COMPENSATION INSURANCE The Contractor's
attention is directed to Section 7-4, "'Workmen's Compensation
Ins u ran c e , II 0 f the S tan d a r d S p e c i f i cat ion s . pro v i din 9 t hat the
Contractor shall file a signed Certification Certificate of
Workmen's Compensation Insurance before execution of the contract.
5-1.03 PAYMENT OF PREVAILING WAGE RATE The Contractor
and a 11 subcontractors sha 11 pay each era ft or workmen employed on
this project not less than the prevailing wage rates specified in
Resolution No. 12846 of the Mayor and Common Council of the City of
San Bernardino. The Engineer shall have the right to interview any
craft or workman on the project site in order to verify payment of
prevailing wage rates in accordance with Resolution No. 12846.
5-1.04 PAYROLL RECORDS The Contractor's attention is
directed to the following provisions of Labor Code Section 1776
(Stats. 1978, Ch. 1249). The Contractor shall be responsible for
the compliance with these provisions by his subcontractors.
(a) The Contractor and all subcontractors shall keep an
accurate payroll record, showing the name, address, social securi ty
number, work classification, straight time and over-time hours
worked each day and week, and the actual per diem wages paid to each
journeyman. a~prentice, worker, or other employee employed by him or
her in connection with the pUblic works.
(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:
"
SP-3
(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.
(c) Each Contractor shall file a certified copy of the
records enumerated in subdivision (a) with the Engineer on a weekly
basis. It will be the Contractor's responsibility to submit the
records enumerated in subdivision (a) for all of his subcontractors,
in addition to his own employees. Failure to submit the records
enumerated in subdivision (a) on a timely basis shall constitute
good and sufficient reason for withholding the partial payments for
work accomplished.
SECTION 6
6-1 GENERAL
6-1.01 INCREASED OR DECREASED QUANTITIES If the total
pay quantity of any ltem of work, subJect to the provisions in
Section 3-2.2.1, "Increased or Decreased Quantities," of the
Standard Specifications varies by more than 25 percent, compensation
payable to the Contractor will be determined in accordance with said
Section 3-2.2.1 and these Special Provisions.
When the compensation payable for the number of units of an
item of work performed in excess of 125 percent of the Engineer's
Estimate is less than $1,500.00 at the applicable contract unit
price, the Engineer reserves the right to make no adjustment in said
price if he so elects, except that an adjustment w111 be made if
requested in wri ting by the Contractor. Such Contractor's request
shall be accompanied by adequate, detailed data to support costs of
the i te m.
Should the total pay Quantity of any item of work required
under the contract be less than 75% of the Engineer's Estimate,
therefore, the Engineer reserves the right to make no adjustment in
said price if he so elects, except that an adjustment will be made
if requested in writing by the Contractor. Such contractor's
request shall be accompanied by adequate, detailed data to support
costs of the item.
6-1.02 SOUND CONTROL REQUIREMENTS The Contractor shall
com ply 'II 1 t h . C hap t e r 8. 5 4 0 f the C 1 t y-ors an B ern a r din 0 M un; c i pal
Code regulating and prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purpose on the
job or related to the job, shall be equipped with a muffler of a
type recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
..
SP-4
.'
No ,quip.ent, machinery. or apparltus that permits loud Ind
.xc.ssi v. nof s. shall b' op.ra ted duri ng the hours of 10 :00 P.II. Ind
7:00 I.... unl.ss approval has first been secured from the Mayor and
Common Council of the City of San B,rnardino.
Said noise level requirement shall apply to 111 equipment on
the job or related to the job, including. but not limited to,
trucks, transit mixers or transit eqUipment that mayor may not be
owned by the contractor. The us, of loud sound signals shall be
avoided in favor of light warnings except those required by safety
laws for the protection of personnel.
6-1.03 PERMITS AND LICENSE -- The Contractor shall obtain
a City Business License prior to execution of the contract.
6-1.04 EX TRA W OR K Any ex tra work done shl11 con form to
the provisions in Section 303, .Extra Work," of the Standard
Specifications. However, equipment rental rites shall confor. to
State of California Business and Transportation Agency, Department
of Transportation, 01v1 sion of construction, -LABOR SURCHARGE AND
EQUIPMENT RENTAL RATES," latest edition, unless the extrl work is
done for a negotiated price.
6-1.05 HOURS OF LABOR In the event that the Engineer is
required by the Contractor"s operations to work more than eight (8)
hours in any given day, or more than forty (40) hours in any given
week, or on any Saturday, Sunday or Holiday, in the setting of Lines
and Grades or performing inspections, the Contractor shall pay an
amount to the Ci ty equal to one and a ha 1 f ( 1/2) ti mes the
Engi neer' s norma 1 wages and fri nge benefi ts. Such amount sha 11 be
deducted from the next following progress payments.
6-1.06 PAYMENTS Attention is directed to Section 9-3,
" Pay men t S, II an n:3. 2, " Par t 1 a 1 and Fin alP a y men t , II 0 f the S ta n d a r d
Specifications and these Special Provisions.
No partial payment will be made for any materials on hand
which are furnished but not incorporated in the work.
6-1.07 PROJECT APPEARANCE
a neat appearance to the work.
The Contractor shall maintain
..
w ". n p ,. act f C I b 1 I , bra k , n con c rite I n d d I b r f I d. v. lop. d d u r f " 9
cl.lrfn, Ind grubbt"9 shill be dispoS.dof concurr.ntly wftft its
,...oYI1. If stockpflfn9 is n,c'Sllry, th. IIlt.rfll shill be "'.Oy.d
or dispos.d of wI.kly.
Full co.p,nlltion for confor.fit9 to th' ,..quf...",.nts of
S.ctfon . shill be consfd,r'4 IS includ.4 in the pric,s Pli4 tor t~.
vlrfoul contract ft..s 0' work inyolY'd Ind no Idditionl'
co.p.nsltton wtll b. .,low.d th.r,for.
I
SP-5
SECTION 7
7-1 DESCRIPTION OF WORK
7-1.01 GENERAL -- The work to be done under "BID SCHEDULE
ONEil, consists, in general, of removing, repairing and replacing
three (3) units of skylights and re-roofing around each unit,
and such other items or details, not mentioned above, that are
required by the manufacturer, these Special Provisions and as
directed by the Engineer.
The work to be done under IIBID SCHEDULE TWOII, consists, in
general, of removing three (3) units of skylights and installing
(in kind) three (3) completely new skylight units and re-roof
around each unit, and such other items or details, not mentioned
above, that are required by the manufacturer, these Special
Provisions and as directed by the Engineer.
SECTION 8
8-1 TECHNICAL SPECIFICATIONS
8-1.01 GENERAL -- The work to be done under these Speci-
fications shall consist of furnishing all the necessary labor,
material, and equipment to complete in every detail the work
called for in these Specifications and in accordance with the
requirements of the manufacturer and as directed by the Engineer.
8-1.02 SHOP DRAWINGS The Contractor shall provide
shop drawings. All materials shall be manufactured by Bristol
Fiberlite Industries, Santa Ana, CA. Phone (714) 540-8950, or
approved equal.
All substitution shall be submitted to the Engineer in
writing, five (5) days prior to the bid opening. No requests
for substitutions will be considered by telephone.
The Contractor shall submit to the Engineer for review and
approval six (6) copies of all shop drawings.
The Contractor shall make any corrections to shop drawings
required by the Engineer.
BID SCHEDULE ONE
----------------
----------------
..
8-1.03 REMOVALS AND INSTALLATION The Contractor shall
remove three (3) units of existing barrel vault skylights, con-
sisting of (16) acrylic panels in each of the three (3) units.
Replace (in kind) each of the acrylic panels in each of the three
SP-6
skylight units. Each skylight shall have new sheet metal
flashings and rain diverters fabricated and installed. Remove
existi~g sealings from aluminum skylights by sand blasting.
Re-roof around each skylight unit from new flashings back 2-3
feet on the roof.
BID SCHEDULE TWO
----------------
----------------
8-1.04 REMOVALS AND INSTALLATION The Contractor shall
remove three (3) units of existing barrel vault skylights,
consisting of (16) acrylic panels in each of the (3) units and
completely replace (in kind) with three (3) new skylight units.
8-1.05 MISCELLANEOUS -- During the repairs the Contractor
shall provide temporary covers to prevent rain or dust from
entering the Mall area.
The Contractor shall remove all debris and excess materials
caused by his operations,and the entire area shall be left in
a neat and clean condition. Any existing improvements which are
damaged or removed during the course of construction of the
project shall be restored or replaced to a condition equal to
or better than, in all respects, the existing improvements re-
moved or damaged, at no cost to the City.
8-1.06 GUARANTEES-- The Contractor shall guarantee in
writing the skylights to be free of defective workmanship and
meterials for a period of one year from the date of completion
and acceptance of the project by the Engineer. The Contractor
shall make all repairs necessary due to defective workmanship
or materials that occur during the one-year period at no cost
to the City.
8-1.07 PANEL COLOR -- The color of the acrylic panels shall
be determined by the Engineer.
SP-7
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A G R E E MEN T
CITY OF SAN BERNARDINO
THlS AGREEMENT is made and concluded this i~ day of
p€,.,) , 1989, between the City of San Bernardino
(hereinafter "City") and see GENERAL CONTRACTOR
(hereinafter "Contractor).
1. For and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the
City, and under the conditions expressed in the bond as deposited
with the City, receipt of which is hereby acknowledged, Contractor
agrees with the City, at Contractor's own proper cost and ex-
pense in the Special Provisions to be furnished by the City,
necessary to complete in good workmanlike and substantial manner
for FURNISHING AND INSTALLING SKYLIGHTS AT CENTRAL CITY MALL,
in strict conformity with Plans and Special Provisions No.
7336 and also in accordance with Standard Specifications for
PUblic Works/Construction, 1985 Edition, City of San Bernardino,
Department of Public Works/Engineering Division, on file in
the Office of the City Engineer, which said Special Provisions,
and Standard Specifications are hereby especially referred to
and by such reference made a part hereof.
2. Contractor agrees to receive and accept the prices as
set forth in the bid schedule as full compensation for furnish-
ing all materials and doing all the work contemplated and
embraced in this agreement; also for all loss or damage arising
out of the nature of the work aforesaid or from any unforeseen
difficulties or obstructions which may arise or be encountered
in the prosecution of the work and for all risks of every
description connected with the work; also for all expenses
incurred by or in consequence of the suspension or discontinuance
of work, and for well and faithfully completing the work and
the whole thereof, in the manner and according to the Plans and
Special Provisions, and requirements of the Engineer under them.
3. City hereby promises and agrees with the said Contractor
to employ, and does hereby employ the said Contractor to pro-
vide the materials and to do the work according to the terms and
conditions herein contained.and referred to, for the prices
aforesaid, and hereby contracts to pay the same at the time, in
the manner, and upon the conditions above set forth; and the
said parties for themselves, their heirs, executors, administrators,
and assigns, do hereby agree to the full performance of the
covenants herein contained.
ITEM
1 .
QUANTITY
1
BID SCHEDULE TWO
SPECIAL PROVISIONS NO. 7336
DESCRIPTION OF ITEMS WITH
UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL
L.S. Remove (3) units of skylights L.S.
and install (3) completely
new skylight units, includ-
ing all appurtenant facilities
as called for in Special
Provisions No. 7336, at the
lump sum price of
~~~:~~~e,il ~1 ~~~
NOTES:
4()
TOT A L BID S C H E 0 U LET W 0 $ 3/ ~ ~ ~ g' ..........
,/
The City reserves the right to award a contract for
Bid Schedule One only, or Bi~ Sche~ule TW9. .
The unit price must be written in words and also
shown in figures. The total price must be extended
for each item of work and the total of all items
inserted in the space provided.
4. It is further expressly agreed by and between the
parties hereto that should there be any conflict between the
terms of this instrument and the bid or proposal of said
Contractor, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
IN WITNESS WHEREOF, the parties of these present have
hereunto set their hands the year and date first above written.
CITY OF SAN BERNARDINO
Z& 1Z
- /./.'1
By: . L(e_A^-/? . Lo/
/ Mayor ~
CONTRACTOR
..
Name of Firm:
~~~p!J!jL-
ATTEST:
T I TL E: ~".1 "-,r-( LA-
~h~4~
/SHAUNA CLARK, City Clerk
'l.'L ~ ( {p ~
/~~ ::ftH-CUL-: {i,
" I
q'L/ ~ 2 tf-
PHONE NO. @W/ <;2.-'I-~-Sth.-
APPROVED AS TO FORM AND
LEGAL CONTENT:
City Attorney
.
.