HomeMy Public PortalAbout1998-99 Street Improvements Monte Diablo Avenue From Quebec to East End1
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CONTRACT BOOK
1998-99 STREETIMPROVEMENTS
MONTE DIABLO AVENUE
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
1997 Editio
To be. used ce ll
APWA-AGC Standard
for Public Works C
n, s am id. by the 19
JANUARY 1999
CITY OF SAN MATEO
Public Works Department
330 West 20 th Avenue
San Mateo, CA 94403
650/522-7300
650/522-7301 (fax)
99 Supplements
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CONTRACT BOOK
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
CITY OF SAN MATEO,-CALIFORNIA
*****
CITY COUNCIL AWARD
CONTRACT DRAWINGS NO. 1-15-28 (5 sheets)
TIME OF COMPLETION: 30 Working Days
CONTENTS
NOTICE INVITING SEALED PROPOSALS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDERS STATEMENT
CERTIFICATION OF NON-DISCRIMINATION
CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
SPECIAL PROVISIONS
PART I -- GENERAL PROVISIONS
PART II -- CONSTRUCTION MATERIALS
PART III -- CONSTRUCTION METHODS
STANDARD DRAWING
APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT
NOTICE INVITING SEALED PROPOSALS
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1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for
1998-99 Street Improvements - Monte Diablo Avenue from Quebec to East End and
other work as shown on the Contract Drawings No. 1-15-28 and as described in this
Contract Book and the APWA-AGC Standard Specifications for Public Works
Construction, 1997 Edition, as amended by the 1998 and 1999 Supplements.
2. The Contract Book, plans and proposal forms are available at the Public Works
Department, City Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable
fee of $15.00 per set is required if picked up or $20.00 for each set if mailed. Any
questions regarding the contract documents should be directed to Domingo Cruz, Project
Manager, at 650/522-7311, or in writing at the above address.
3. The estimated construction cost of this project is $170,000.00. This estimate is not based
on a "contractor's cost take off' of the project, but is derived from an averaging of costs
for work on similar projects in the area of which the City is aware. This figure is given to
indicate the relative order of magnitude of this project and is not intended to influence or
affect in any way the amount bid for this project.
4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made
payable to the City of San Mateo in an amount not less than ten percent (10%) of the
aggregate amount of the bid.
5. Contractor is notified that he shall comply with the requirements for Non -Discrimination
as set forth in Special Provisions SP -7-2.3 through SP -7-2.3.3.
6. The time of completion for this contract shall be thirty (30) working days, beginning
from the date specified in the Notice to Proceed.
7. The right is reserved, as the interest of City may require, to reject any or all bids, to waive
any informality in bids, and to accept, modify; or reject any items of the bid.
8. In general, the prevailing wage scale, as determined by the Director of Industrial
Relations of the State of California, in force on the day this bid was announced, will be
the minimum paid to all craftsmen and laborers working on this project. In some cases,
prevailing wage determinations have either a single asterisk (*) or double asterisks (**)
after the expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the
expiration date which are in effect on the date of advertisement for bids, such
determinations remain in effect for the life of the project. Prevailing wage determinations
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which have double asterisks (**) after the expiration date indicate that the basic hourly
wage rate, overtime, and holiday pay rates, and employer payments to be paid for work
performed after this date have been predetermined. If work is extended past this date, the
new rate must be paid and should be incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it
is the responsibility of the bidder to determine the correct scale. The City will keep a
copy of the wage scale in the City Clerk's office for the convenience of bidders. Any
errors or defects in the materials in the City Clerk's office will not excuse a bidder's
failure to comply with the actual scale then in force.
9. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th
Avenue, San Mateo, California 94403, at or before 2:00 p.m., March 2, 1999, and they
shall be opened and read by a City Representative at said date and time at a public
meeting called by him.
10. Said City Representative shall report the results of the bidding to the City Council at a
later date, at which time the City Council may award the contract to the lowest
responsible bidder as so reported; or as City's interest may dictate. The City Council may
exercise its right to modify the award or to reject any or all bids.
11. To ensure performance, City reserves the right to retain ten percent (10%) of the contract
price for 35 days after it records the Notice of Completion. However, pursuant to the
Public Contracts Code Section 22300, Contractor may substitute securities for said ten
percent (10%) retention or request that City make payments of retentions earned directly
to an escrow agent at Contractor's expense. The provisions of the Public Contracts Code
Section 22300 are hereby expressly made a part of the contract.
Dated: January 27, 1999 /S/ CLAIRE MACK, MAYOR
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PROPOSAL FORM
(Entire proposal to be submitted as sealed bid.)
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1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-8912-10
TO THE HONORABLE CITY COUNCIL
CITY OF SAN MATEO, CALIFORNIA
DEAR COUNCIL MEMBERS:
FOR THE TOTAL SUM OF (use figures only) computed from
the unit and/or lump sum prices shown on the attached schedule of bid items, the undersigned
hereby proposes and agrees that if this proposal is accepted he will contract with the City of
San Mateo, California, to furnish alllabor, materials, tools, equipment, transportation, and all
incidental work and services required to complete all items of work shown in the Contract
Documents. All work shall conform to the lines, grades, and dimensions shown on said
drawings and shall be done in accordance with this Contract Book and the APWA-AGC
Standard Specifications for Public Works Construction, 1997 Edition, as amended by the 1998 &
1999 Supplements.
This proposal is submitted in conformance with the requirements of the APWA-AGC
Standard Specifications for Public Works Construction, 1997 Edition, as amended by the 1998
Supplement; and is also subject to the terms and conditions of the attached LIST OF
SUBCONTRACTORS and BIDDER'S STATEMENT.
The work shall be paid for at the unit and/or lump sum prices shown on the attached
SCHEDULE OF BID ITEMS.
Contractor's Signature Date
Name of Company
Phone Number ( )
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
1
Remove existing and construct Type "A"
curb and gutter.
538
LF
$
$
2
Remove existing and construct 4"
concrete sidewalk over 6" AB.
2421
SF
$
$
3
Remove existing and construct Type "B"
curb and gutter
432
LF
$
$
4
Remove existing and construct 6"
concrete sidewalk over 6" AB.
1549
SF
$
S
5
Construct concrete valley gutter per
Detail "A", sheet 3
264
SF
$
$
6
Remove existing and construct 4"
concrete pavement over 6" AB.
1,761
SF
$
$
7
Remove existing and construct curb
ramp
144
SF
$
$
8
Remove existing and construct standard
driveway approach
180
SF
$
$
9
Remove existing and construct 0.3' AC
driveway over 6" AB.
150
SF
$
$
10
Remove existing AC pavement & base
as necessary to construct 0.5' AC/0.7
AB.
11800
SF
$
$
11
Construct 0.5' AC/0.7' AB/filter fabric:
a. 0.5' AC pavement
b. 0.7' class 2 AB
c. Filter fabric
450
650
1,340
Tons
Tons
Sq.Yd.
$
$
$
$
$
$
12
Regrade existing lawn area to match
grades at new sidewalk. Place new sod
over 6" class "A" topsoil.
3,150
SF
$
$
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ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
13
Remove and replace 4' high chain link
fence (gate included).
49
LF
$
$
14
Remove and replace 3' high picket fence.
13
LF
$
$
15
Install 2" x 4" redwood header.
40
LF
$
$
16
Regrade area between back of walk and
fence per Section B, Sheet 2.
272
SF
$
$
17
Regrade area between back of walk and
fence per Section C, Sheet 2.
368
SF
$
$
18
Install 2" x 6" redwood header (4 LF+).
1
LS
$
$
19
Construct Type "F-2" catch basin.
3
EA
$
$
20
Construct Santa Rosa Model "2K"
drainage inlet or approved equal.
1
EA
$
$
21
Remove and dispose existing 16" x 16"
CB. Remove portion that will be within
the new street structural section. Plug
portion of pipe to remain and abandon
pipe in place.
4
EA
$
$
22
Remove portion of existing catch basin
as necessary and construct Type "F-1"
catch basin.
1
EA
$
$
23
Remove top 1 foot section of existing
catch basin. Plug existing pipe at bottom
of catch basin and backfill remaining
portion of catch basin with sand.
2
EA
$
$
24
Construct Type "F-1" catch basin.
1
EA
$
$
25
Construct standard precast eccentric
manhole.
2
EA
$
$
26
Install 12" SD.
11
LF
$
$
27
Install 15" SD.
42
LF
$
$
28
Install 24" SD.
54
LF
$
$
29
Remove and replace existing street light
conduit; pull box and wires (1 %2" PVC
conduits and #8 wires).
347
LF
$
$
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ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
30
Adjust water meter box to grade.
4
EA
$
$
31
Adjust water valve box to grade.
1
EA
$
$
32
Adjust manhole rim to grade.
I
EA
$
$
33
Remove/dispose of unsuitable materials.
50
CY
$
$
34
Remove, dispose of 18" diameter tree
and stump
1
LS
$
$
TOTAL BID
$
1
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SUBCONTRACTING REQUIREMENTS
AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
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Each bidder acknowledges it is aware and familiar with the requirements related to subletting
and subcontracting set forth in Section 2-3 of the APWA-AGC Standard Specifications, and in
the Subletting and Subcontracting Fair Practices Act; commencing with Section 4100 of the
Public Contract Code of the State of California. These requirements include a provision that the
Contractor shall perform, with its own organization, contract work amounting to at least 50
percent of the contract price.
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or
offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State
of California, set forth the following:
1. Name and address of the place of business of each subcontractor who will perform work
or labor or render service to the general contractor in or about the construction of the
work or the improvement in an amount in excess of one-half (1/2) of one percent (1%) of
the general contractor's total bid or $10,000, whichever is greater.
2. The specific work and dollar amount of work which will be done by each subcontractor.
3. If no portion of the work is to be subcontracted as provided in item 1, insert the word
"none" in the space provided and sign below.
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
$
Contractor's Signature
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BIDDER'S STATEMENT
SHEET I OF 3
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
The undersigned has carefully read the APWA-AGC Standard Specifications for Public Works
Construction, 1997 Edition, as amended by the 1998 Supplement, and realizes that any variation
or deviation from these specifications, requirements and conditions shall be sufficient grounds
for rejection of all or any part of the work performed. Such rejected work shall be replaced
entirely at the Contractor's expense, and failure to do so within a reasonable length of time shall
be sufficient reason for the withholding of payment for any part of or all of the work and
forfeiture of the Contractor's bond.
The undersigned further certifies that he is licensed by the State of California as a Contractor,
that the license is now in force and that the number and class is Class ( ), and the
expiration date is . Further the undersigned certifies that upon request he will
provide evidence of said license.
Pursuant to Business and Professions Code Section 7028.15 I, , declare under
penalty of perjury that the foregoing and the statements contained in the bid for the above titled
project are true and correct and that this declaration is made on this day of , 1999,
at , California.
The undersigned understands he must meet the requirements of Section SP -7-2.3,
AFFIRMATIVE ACTION GUIDELINES prior to award of contract and conform to those
guidelines throughout the duration of the contract.
It is understood that the quantities set forth herein are approximate only and are to be used only
for the comparison of bids and the guidance of the bidder.
If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as
Appendix 1, together with the necessary bonds, certificate(s) of insurance, related endorsements
for general and automobile liability insurance, and proof of a San Mateo Business License in the
office of the City Clerk within ten (10) calendar days after the date of the award and to
commence work within five (5) days of the date specified in the notice to proceed, and to
complete the work under said contract within the specified number of working days beginning
from the date specified in the notice to proceed. Further, the undersigned agrees to insure that all
subcontractors obtain a San Mateo Business License in accordance with Section SP -2-13, SAN
MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to
keep the Business License current for the entire term of the contract.
If the unit price and the total amount named by a bidder for any item do not agree, it will be
assumed that the error was made in computing the total amount and the unit price alone will be
considered as representing the bidder's intention.
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BIDDERS STATEMENT
SHEET 2 OF 3
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
Unit prices bid must not be unbalanced.
The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and
understands that the City will not be responsible for any errors or omissions on the part of the
undersigned in making up this bid.
The undersigned hereby certifies that this bid is genuine, and not sham or collusive, or made in
the interest or in behalf of any person not named herein, and that the undersigned has not directly
or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm
or corporation to refrain from bidding, and that the undersigned has not in any manner sought by
collusion to secure for himself an advantage of any kind whatever.
Enclosed find bond or certified check or cashier's check no. of the
Bank for . Not less than ten (10) percent of this bid payable to the City
of San Mateo, California, and which is given as a guarantee that the undersigned will enter into
the contract if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days
after the date set for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST
OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A
PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR
PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please
attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL
SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE
CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS
ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID
CORPORATION.
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BIDDER'S STATEMENT
SHEET 3 OF 3
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
SIGNATURES FOR BIDDER:
If INDIVIDUAL, sign below:
Signature Date
Print name
Post Office Address
If PARTNERSHIP, sign below (show
names of non -signing partners):
Signature Date
Name of Partner
Post Office Address
Signature Date
Name of Partner
Post Office Address (if different)
If CORPORATION, sign below (show
names of non -signing officers):
a CORPORATION
Name of State Where Chartered
Signature Date
Print name of person signing bid
Title
List names of the following officers:
PRESIDENT
SECRETARY
TREASURER
Post Office Address
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CERTIFICATION OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
On behalf of the bidder making this proposal, the undersigned certifies that there will be no
discrimination in employment with regard to race, color, religion, sex, disability, or national
origin; that all federal, state, local directives, and executive orders regarding non-discrimination
in employment will be complied with; and that the principle of equal opportunity in employment
will be demonstrated positively and aggressively.
BIDDER
By:
(Name and title of person making certification)
Date
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CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined
by the Director of Industrial Relations of the State of California, in force on the day this bid was
announced, will be the minimum paid to all craftsmen and laborers working on this project. In
some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks
(**) after the expiration date.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration
date which are in effect on the date of advertisement for bids, such determinations remain in
effect for the life of the project. Prevailing wage determinations which have double asterisks
(**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay
rates, and employer payments to be paid for work performed after this date have been
predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual
scale then in force. The undersigned understands that weekly certified payrolls must be
submitted for verification.
BIDDER
By:
(Name and title of person making certification)
Date
Questions shall be addressed to:
Department of Labor Relations
Division of Labor Statistics and Research
Prevailing Wage Unit
45 Fremont Street, Suite 1160
P. O. Box 420603
San Francisco, CA 94142-0603
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
The work embraced herein shall be done according to the APWA-AGC Standard Specifications
for Public Works Construction, 1997 Edition, as amended by the 1998 and 1999 Supplements,
(hereinafter referred to as the Standard Specifications), and according to these Special
Provisions. The Standard Specifications are in all other respects incorporated into and are a part
of the contract, except where they conflict with these Special Provisions.
The Special Provisions shall govern in lieu of conflicting provisions of the Standard
Specifications, but shall in no way nullify nonconflicting portions of the Standard Specifications.
Whenever the letters SP are used as a prefix in section numbering (e.g., SP -200-2) the sections
so designated are in these Special Provisions and refer to modifications or additions to sections
in the Standard Specifications which have the same first numbers (e.g., 200-2).
PART 1 - GENERAL PROVISIONS
SP -2-1 AWARD OF CONTRACT. The contract may be awarded to the bidder whom the City
determines will best meet the interests of the City. In determining the award, careful
consideration by City shall be given to each item of bid. The City reserves the right to amend or
reject any or all proposals and also to select, modify, or reject any of the bid items as City sees in
its best interest.
SP -2-4 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor
shall file with the agency surety bonds satisfactory to the City in the amounts and for the
purposes noted below. Bonds shall be duly executed by a responsible corporate Surety,
authorized to issue such bonds in the State of California and secured through an authorized agent
with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals.
Each bond shall be signed by both the Contractor and Surety and the signature of the authorized
agent of the Surety shall be notarized.
The Contractor shall provide two acceptable surety bonds; one for labor and materials and one
for performance.
The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the
contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by
it on the work. The bond shall be maintained by the Contractor in full force and effect until the
completed work is accepted by the Agency, and until all claims for materials and labor are paid,
and shall otherwise comply with the Civil Code.
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The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee
faithful performance of all work, within the time prescribed, in a manner satisfactory to the City,
and that all materials and workmanship will be free from original or latent developed defects.
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SP -2-4.1 GUARANTEE. The Contractor warrants and guarantees that all material and
equipment used or furnished and all workmanship are of the type and quality specified herein.
The Contractor further guarantees that any latent fault in construction or defective material
discovered within one year after acceptance of the work shall be remedied by him without cost to
the City, upon written notice given to him. Other subsequent latent defects shall be covered by
responsibilities set forth in the law.
In the event of failure to comply with the above -mentioned conditions within a reasonable time
after notice, the City will have the defects repaired and made good at the expense of the
Contractor, who agrees to pay the costs and charges therefore immediately upon demand.
The signing of the agreement by the Contractor shall constitute execution of the above
guarantees. The Faithful Performance Bond shall remain in full effect during the guarantee
period and will not be released until the expiration of such period.
SP -2-5 PLANS AND SPECIFICATIONS. The plans for this project are as follows:
CONTRACT PLANS
Title
Drawing No.
1998-99 Street Improvements - Monte Diablo Avenue from
Quebec to East End
1-15-28
CITY STANDARD PLANS
Title
Drawing No.
Standard Type "F-2" Catch Basin
3-1-122
SP -2-5.4. Specifications for street lighting and traffic signals in PART 3, Section 307,
Construction Methods, of Standard Specifications for Public Works Construction, shall be
deleted and the applicable portions of Section 86 of the State of California, Business and
Transportation Agency, Department of Transportation, Standard Specifications dated July 1995
shall be used in lieu.
SP -2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete
the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish
and install all materials, equipment, tools, labor, and incidentals necessary to complete the work.
The work to be performed under this contract shall include, but not be limited to, the following:
1. Remove and replace curb, gutter and sidewalk.
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2. Remove and replace street light conduit, pull box and wires.
3. Furnish and install various size storm drain pipes.
4. Construct catch basins and manholes.
Note: PH -204 Frame and Grate and Pelican Series Model A2 Inlet Hood Fiberglass
Liner Assembly as shown on the detail of Type "F-1" catch basin will be supplied by
the City at no cost to the contractor.
5. Remove and dispose of existing catch basin as shown on plan.
6. Modify catch basins as shown on plan.
7. Remove and replace concrete driveways and walkways as shown on plan.
8. Regrade and resod lawn as shown on plan.
9. Remove existing AC pavement and base as necessary to construct new pavement section.
10. Construct 0.5 feet AC pavement over 0.7 feet aggregate base.
11. Remove and dispose of unsuitable materials if encountered.
12. Adjust water meter box, valve box and manhole rim to grade.
13. Fences
14. Abandon existing catch basins and storm lines.
SP -2-6.1 EXAMINATION OF THE SITE. The bidder shall examine carefully the site of the
work contemplated, the plans and specifications, and the proposal and contract forms therefor.
The submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality and scope of work to
be performed, the quantity of materials to be furnished and as to the requirements of the
proposal, plans, specifications and contracts.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any
interpretation problems of any kind, the bidder shall note such a determination upon this bid
form. Failure to note any such determination shall be conclusive evidence of acceptance by the
bidder of the sufficiency of the plans and specifications.
SP -2-9 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost
to the contractor once only. The Contractor shall notify the City 48 hours in advance when
requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence
will be charged to the contractor at the rate set out in the City's Comprehensive Fee Schedule per
man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence.
Any appeal of this decision will be referred to the Public Works Commission. The Public Works
Commission decision will exhaust the administrative procedures for appeal.
SP -2-12 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney,
and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a
cost bill) by the prevailing party in any action or actions to enforce the provisions of this
contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial
court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or
actions. It is the intent that neither party to this contract shall have to pay the other more than
$5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
contract. The parties expect and hope there will be no litigation and that any differences will be
resolved amicably.
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SP -2-13 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be
obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said
Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual
tax.
SP -3-1.3 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the
payment of any additional compensation for any cause, including any act, or failure to act, by the
Engineer, or the happening of any event, thing or occurrence, unless he shall have given the
Engineer due written notice of potential claim as hereinafter specified, provided, however, that
compliance with this Section SP -3-1.3 shall not be a prerequisite as to matters within the scope
of the Protest Provision in Section 6-7, "Time of Completion," in the Standard Specifications,
nor to any claim which is based on differences in measurements or errors of computation as to
contract quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes
additional compensation will or may be due; the nature of the costs involved, and, insofar as
possible, the amount of the potential claim. The said notice as above required must have been
given to the Engineer prior to the time that the Contractor shall have performed the work giving
rise to the potential claim for additional compensation, if based on an act or failure to act by the
Engineer, or in all other cases within 15 days after the happening of the event, thing or
occurrence giving rise to the potential claim.
It is the intention of this Section that differences between the parties arising under and by virtue
of the contract be brought to the attention of the Engineer at the earliest possible time in order
that such matters may be settled, if possible, or other appropriate action promptly taken. The
Contractor hereby agrees that he shall have no right to additional compensation for any claim
that may be based on any such act, failure to act, event, thing or occurrence for which no written
notice of potential claim as herein required was filed.
SP -3-2.1 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the
right to change the scope of this contract in order to align the contract price to the monies
available. Presently there is approximately $170,000.00 available for this project. The City shall
have full authority and discretion to determine the decrease or increase in quantities required as
well as the subprojects which will be altered, added or deleted. The Contractor shall not be
entitled to any additional compensation or adjustment in the unit prices bid because of the
above -stated alteration of this project.
SP -3-3 EXTRA WORK. New or unforeseen work will be classified as "extra work" when the
Engineer determines that it is not covered by contract unit prices or stipulated unit prices. When
the price for the extra work cannot be agreed upon, the City will pay for the extra work based on
the accumulation of costs as provided in Section 3-3, Extra Work, of the Standard Specifications.
The mark-ups shall be as specified below.
SP -3-3.2.3 MARK-UP.
A. Work by Contractor
The following percentages shall be added to the Contractor's cost and shall constitute the
mark-up for all overhead and profits:
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1. Labor 25%
2. Materials 15%
3. Equipment Rental 15%
4. Other Items and Expenditures 15%
To the sum of the costs and mark-ups provided for in this subsection, one percent (1%)
shall be added as compensation for bonding.
B. Work by Subcontractor
Subcontractor performs all or any part of the extra work, the markup established in SP -3-
3.2.3 (a) shall be applied to subcontractor's cost as determined under 3-3.2.2. In addition,
a markup of 10 percent on first $5,000 of subcontracted portion of extra work and 5% on
the work added in excess of $5,000 of subcontracted portion of extra work may be added
by the contractor.
SP -5-1 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 5-1 of the
specifications for Public Works Construction regarding the Contractor's responsibility for
requesting utility companies' representatives to mark or otherwise indicate the location of their
respective underground installations. At least forty-eight (48) hours prior to commencing work,
the Contractor shall notify Underground Service Alert (USA) so that the various utility
companies may field -mark said installations. Once the field marks are in place, the Contractor
shall be responsible for all marked utilities damaged during construction or claims resulting from
said damage. In addition, the City shall not be responsible for any unmarked utility damaged
during construction or any claims resulting from this damage, except for damage to City of San
Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice
from USA to do so and which were not marked at the time the damage occurred.
SP -6-1 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After
notification of award and prior to start of any work, the Contractor shall submit to the Engineer
for approval its proposed construction or fabrication and delivery schedule. The schedule shall
be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the
chronological relationship of all activities of the project including, but not limited to, estimated
starting and completion dates of various activities, submittal of shop drawings to the Engineer
for approval, procurement of materials, scheduling of equipment, and delivery of finished
product.
SP -6-1.1 PRE -CONSTRUCTION CONFERENCE. A pre -construction conference will be held
at a location selected by the City for the purposes of review and approval of said schedule and to
discuss construction procedures and payment schedule. The Contractor shall be represented by
his superintendent of work. The City will be represented by members of the organization having
direct control of supervision of the project.
SP -6-6.5 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise
between the City and the Contractor over Time of Performance as extended by the City due to an
allowed suspension of work, the Contractor may request an extension from the City Council.
Such requests shall be filed with the City Clerk, addressed to the City Council, at least twenty
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(20) days prior to the expiration of the Time of Performance as modified. The ruling of the City
Council shall be final and conclusive.
SP -6-7 TIME OF COMPLETION. The Contractor shall prosecute and work to completion
before the expiration of 30 working days, beginning from the date specified in the Notice to
Proceed.
The City will furnish the Contractor weekly a statement of working days remaining on the
contract.
SP -6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the
time allowed will result in damages being sustained by the City of San Mateo. Such damages
will be determined on the following basis. For each consecutive calendar day in excess of the
time specified for completion of the work (as adjusted), the Contractor shall pay to the City of
San Mateo, or have withheld from monies due it, the sum of the amount necessary to cover any
add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by the City;
e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during
delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of
San Mateo and Contractor that $250 per day is the minimum value of the costs and actual
damage caused by failure of the Contractor to complete the work within the allotted time, that
liquidated damages shall not be construed as a penalty, and that the amount calculated by the
City may be deducted from payments due the Contractor if such delay occurs.
SP -6-11 MEDIATION. Should any dispute arise out of this Agreement, any party may request
that it be submitted to mediation. The parties shall meet in mediation within 30 days of a
request. The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the American
Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed -upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the
prevailing party. No party shall be permitted to file a legal action without first meeting in
mediation and making a good faith attempt to reach a mediated settlement. The mediation
process, once commenced by a meeting with the mediator, shall last until agreement is reached
by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SP -6-12 ARBITRATION. After mediation above, and upon agreement of the parties, any
dispute arising out of or relating to this agreement may be settled by arbitration in accordance
with the Construction Industry Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof. The costs of arbitration shall be borne equally by the parties.
SP -7-2.2.1 HOURS OF LABOR. Construction operations beyond the eight -hour normal
workday and on legal holidays may occur on occasion if approved in advance by the City. The
Contractor shall notify the City Engineer in writing twenty-four (24) hours prior to any
non -emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or
prorated portion thereof) for overtime work without written consent of the City Engineer -- said
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sum to be deducted from any monies due the Contractor or paid directly to him. Normal
working hours for this project shall be between 8:00 a.m. and 5:00 p.m. unless specifically
modified in writing.
SP -7-2.3 NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all
qualified persons are to be afforded equal opportunities of employment on any public works
contract entered into with the city.
SP -7-2.3.1 LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above,
contracts for public works will be awarded only to such bidders as are determined to meet the
following qualifications of lowest responsible bidder.
The lowest responsible bidder shall be the bidder who offers to perform the work involved
according to the plans and specifications therefore for the least amount of money; provided the
bidder has the ability, capacity and, when necessary, the required State or other license.
In determining to whom the award is to be made, the awarding authority may consider, in
addition to the bid or quotation received, the experience of the bidder for the particular service
sought, the quality of work that the bidder has done, the quality of the product or materials
provided by the bidder, the ability of the bidder to complete the project in a timely manner, the
safety compliance record of the bidder, and the insurance carried by the bidder.
A. Subcontractors
1. The total amount involved in the subcontract is greater than $10,000 with ten or
more employees.
Each potentially selected bidder and his subcontractors who meet the above conditions, may be
required to meet with the City at a pre -award conference to be held prior to referral to the
Council for consideration and award.
SP -7-2.3.2 STANDARDS OF NON-DISCRIMINATION
A. The successful bidder and each subcontractor shall undertake action to ensure that
applicants and employees are treated fairly such that the principles of equal opportunity
in employment are demonstrated positively and aggressively during employment, without
regard to race, color, religion, sex, disability, or national origin.
B. In all advertisements for labor or other personnel or requests for employees of any nature,
the successful bidder and each subcontractor shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex or
national origin.
SP -7-2.3.3 CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any public works
contract shall sign the certification of nondiscrimination, which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and
file with the City a certificate of nondiscrimination.
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SP -7-2.4 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. In
general, the prevailing wage scale, as determined by the Director of Industrial Relations of the
State of California, in force on the day this bid was announced, will be the minimum paid to all
craftsmen and laborers working on this project. In some cases, prevailing wage determinations
have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the
date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration
date which are in effect on the date of advertisement for bids, such determinations remain in
effect for the life of the project. Prevailing wage determinations which have double asterisks
(**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay
rates, and employer payments to be paid for work performed after this date have been
predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual
scale then in force.
Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly
certified payrolls for each work week from the time he starts work on the project until he
completes his work. If he performs no work on the project during a given work week, he may
either submit a weekly payroll form with the notation, "No work performed during this work
week," or submit a letter to that effect. He should identify his initial and final payrolls by
marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than
seven (7) workdays following completion of the workweek.
SP -7-2.5 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance
with California Labor Code Section 1777.5 relating to employment of apprentices for all
apprenticeable occupations when the contract amount exceeds $30,000 or 20 working days or
both.
SP -7-3.1 LIABILITY INSURANCE. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. Such insurance shall include coverage for owned, hired, and
non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
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1. Include the City of San Mateo, its elected and appointed officers, employees, and
volunteers as additional insureds with respect to this Agreement and the
performance of services in this Agreement. The coverage shall contain no special
limitations on the scope of its protection to the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its
officers, employees, and volunteers.
Be evidenced, prior to commencement of services, by properly executed policy
endorsements in addition to a certificate of insurance.
a. In addition to requiring that you provide an insurance certificate showing
the levels and types of coverage required for your project or contract, the
City of San Mateo also requires you to provide the City with a copy of the
actual endorsements to the commercial general, automobile, and any
excess liability insurance policies that show that the City of San Mateo, its
boards, commissions, officers, agents, and employees have been named as
additional insureds by the insurers.
These endorsements are required because California Insurance Code § 384
expressly provides that an insurance certificate is not proof of what the
underlying insurance policy actually contains. If you look at an insurance
certificate, you will notice that the certificate actually says the same thing.
Therefore, a certificate has minimal legal value and the City cannot be
reasonably certain that it is covered under the policies shown on the
certificate without endorsements.
An endorsement is a piece of paper that modifies the terms of the
underlying policy and is issued by the insurance company itself, rather
than a broker.
A copy of a sample endorsement for commercial general liability is on the
following page for your reference.
4. No changes in insurance may be made without the written approval of the City
Attorneys office.
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SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
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SP -7-3.2 HOLD HARMLESS AND INDEMNITY PROVISION. Contractor agrees (1) to hold
harmless and indemnify City of San Mateo and its officers and employees from and against any
and all claims, loss, liability, damage, and expense arising from; performance of this contract,
including claims, loss, liability, damage, and expense caused or claimed to be caused by passive
negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo,
its officers or employees there against; provided, however that this provision does not apply to
claims, loss, liability, damage or expense arising from (a) the sole negligence or willful
misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further
provided, that this provision shall not affect the validity of any insurance contract, workers
compensation or agreement issued by an admitted insurer as defined by the Insurance Code.
SP -7-7 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers
and contractors, and others, have the right to operate within or adjacent to the work site to
perform work. The City of San Mateo, the Contractor, and each of such workers, contractors,
and others, shall coordinate their operations and cooperate to minimize interference.
SP -7-8.6 WATER POLLUTION CONTROL. In compliance with the "City of San Mateo Storm
Water Management and Discharge Rules and Regulations" ("Discharge Rules") the Contractor
shall exercise every reasonable precaution to prevent the discharge of any material which is not
solely stormwater (i.e., rain) to the storm drain system which includes, but is not limited to, catch
basins, drainage channels, and creeks. Non -allowable discharges include, but are not limited to,
eroded soil from stockpiles or disturbed earth on -site, concrete and concrete washout water,
sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals.
Stormwater pollution control work is intended to provide prevention, control, and abatement of
such stormwater pollution, and shall consist of constructing those facilities which may be
contained in the Contractor's stormwater pollution control program, shown on the plans,
specified herein, or directed by the Engineer.
At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a
program to control stormwater pollution effectively during construction of the project. Such
program shall show the schedule for the erosion control work included in the contract, if
applicable, and for all stormwater pollution control measures which the Contractor proposes to
take in connection with construction of the project. The Contractor shall include the following
minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board
Staff Recommendations (when applicable to project):
1. Stabilize site access points to avoid tracking materials off -site;
2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15);
3. Protect adjacent properties;
4. Stabilize temporary conveyance channels and outlets;
5. Use sediment controls and filtration to remove sediment from water generated by
dewatering;
6. Use proper materials and waste storage, handling, and disposal practices;
7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices;
8. Control and prevent discharge of all potential construction -related pollutants;
9. Prepare a contingency plan in the event of unexpected rain or a control measure failure.
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In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch
basins using control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to
keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure
that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut
slurry and pick up all waste prior to moving to the next location or at the end of each working
day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall
remove the slurry immediately.
The Contractor shall coordinate stormwater pollution control work with all other work done on
the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the
project, other than that specifically authorized in writing by the Engineer, until the required
storm water pollution control program has been accepted. It shall be the Contractor's
responsibility to train all employees and subcontractors on the approved stormwater pollution
control measures.
The City will not be liable to the Contractor for failure to accept all or any portion of an
originally submitted or revised stormwater pollution control program, or for any delays to the
work due to the Contractor's failure to submit an acceptable stormwater pollution control
program.
During construction of the project, if the stormwater pollution control measures being taken by
the Contractor prove inadequate to control stormwater pollution, the Engineer may direct the
Contractor to revise his operations and/or his stormwater pollution control program. If the
Contractor fails to adequately revise his operations after such direction, the Engineer may cause
the stormwater pollution control measures to be performed by others, the costs to be deducted
from any monies due or to become due the Contractor.
The complete cleanup of all material, which is discharged from the project in violation of the
Discharge Rules, shall be the responsibility of the Contractor. Should the Contractor fail to
respond promptly and effectively to the Engineer's request for cleanup of such discharges, the.
Engineer may cause the cleanup to be performed by others, the costs to be deducted from any
monies due or to become due the Contractor.
Nothing in the terms of the contract nor in the provisions in this section shall relieve the
Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and
Game Code, or other applicable statutes relating to prevention or abatement of stormwater
pollution.
The cost of creating and implementing an acceptable storm water pollution control program will
be included in the various bid items and no additional compensation shall be made.
SP -7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The
Contractor shall repair or replace all existing improvements not designated for removal which
are damaged or removed as a result of its operation. Improvements, such as but not limited to,
curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers,
thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and
replaced to a condition equal to or better than the original condition.
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All costs to the Contractor for protecting, removing, and restoring existing improvements shall
be included in the various bid items and no additional compensation shall be made by City.
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SP -7-10.1 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of
the work, to provide for public safety and convenience by use of traffic cones, signs, lighted
barricades, lights, and flagmen as described and specified in the State of California, Department
of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance
Work Zones, 1996 Edition. (Section 360, California Vehicle Code, defines highways to include
streets.) The provisions of this manual will become a part of the requirements of the contract.
Construction operations shall be conducted in such a manner as to cause as little inconvenience
as possible to the abutting property owners or motoring public. Convenient access to driveways,
houses, and buildings along the line of work shall be maintained unless otherwise approved by
the City in advance. Contractor shall request and obtain approval from City before any lane
closures are implemented. Open excavation and ditches across a roadway shall be covered and
guarded in such a manner as to permit safe traffic flow during hours when no work is being
performed.
Contractor shall send notice to the residents of Monte Diablo Avenue two days in advance of the
first working Day about the impending work. In addition, Contractor shall provide 48 -hour
written notice to residents prior to loss of parking or driveway access. Said notices shall be
approved by City prior to delivery.
SP -9-1 MEASUREMENT OF QUANTITIES. When payment for a work item is to be made on
a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed
weigh -master's certificate showing gross, tare and net weight of each truckload of material.
Certificates shall be delivered to the Engineer at the job site upon delivery of the material.
SP -9-3 PAYMENT
SP -9-3.1 GENERAL. Except as directed otherwise in these specifications, full compensation
for completing all of the work indicated on the plans and directed herein is considered to be
included in the contract unit prices paid for the various items of work and no separate payment
will be made therefor.
SP -9-3.1 TEN PERCENT (10%) RETENTION. To ensure performance City is entitled to retain
ten percent (10%) of the contract price for 35 days after it records the Notice of Completion.
However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute
securities for said ten percent (10%) retention or request that the City make payments of
retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the
Public Contracts Code Section 22300 are hereby expressly made a part of the contract.
SP -9-3.2 PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a
"Monthly Progress Payment Request" in accordance with the schedule established at the
preconstruction conference. Contractor shall use City's standard form for such requests and
submit one original plus three copies of each request.
The contract price paid for mobilization shall include full compensation for furnishing all labor,
materials, tools, and equipment necessary for mobilization as specified herein.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
PART II - CONSTRUCTION MATERIALS
SP -200-2 AGGREGATE BASE - Aggregate base shall be Class 2 and shall conform to the
provisions in Section 26 of the State Standard Specifications, 1992 Edition, except that relative
compaction shall be not less than 95% unless approved by the engineer.
During the process of the sub -base preparations, preparatory to the placement of the filter fabric
and aggregate base, unsuitable materials may be encountered. It is the intent of this project that
unsuitable materials be removed and disposed off site at the direction of the Engineer. The space
created by this removal of unsuitable materials shall be replaced with aggregate base. This
quantity is included in Bid Item #11b of schedule of Bid Items.
Due to the uncertainty of the amount of unsuitable materials which may be encountered, the item
for Class 2 aggregate base as shown in the Bid Schedule is being exempted from the provision of
Section 3-2.2.1 Contract Unit Prices, of the Standard Specifications.
Bid Items No. 11b of the schedule of Bid Items includes aggregate base to be used in the
preparation of new street section and to fill the space created by the removal of unsuitable
materials only. All other aggregate base required by the project are assumed to be included in
the cost of each particular items such as curb and gutter, sidewalk, driveways, ramps, etc.
SP -201-1 PORTLAND CEMENT CONCRETE - Portland Cement Concrete shall conform to
the provisions in Section 201-1 "Portland Cement Concrete" in the Standard Specifications and
these special provisions. Classes of concrete shall be as follows:
(a) Sidewalk, curb and gutter -- 520-C-2500
(b) Manholes and catch basins -- 560-C-3250
(c) Plugs -- 450-C-2000
SP -201-6 TRENCH BACKFILL - For encased pipe, when pipe encasement is required, trench
backfill shall be controlled density fill or sand slurry backfill conforming to the following design
mix.
MATERIALS
S.S.D. WEIGHTS (LBS.)
VOLUME (CU. FT.)
Controlled Density Fill or
Cement
30
0.25
Fly Ash
300
2.05
Water
283
4.53
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S.S.D. WEIGHTS (LBS.)
VOLUME (CU. FT.)
MATERIALS
Pea Gravel
1,085
6.49
Top Sand
1,295
7.78
Blend Sand
315
1.85
Air
15%
4.05
TOTAL
3,308
27.00
Sand Sluny Backfill or
Cement (2 sacks)
188
0.96
Water (36 gallons)
300
4.80
Admixture (Pozz. 300R)
Air
Sand per ASTM C33
3,000
18.50
TOTAL
3,488
25.34
Controlled Density Fill by Granite Rock
Cement
75
0.38
Pozzolan
207
1.43
Water
458 (55 gallons)
7.34
Air
1.08
Course Aggregate
Course Aggregate
Course Aggregate
Fine Aggregate (Course
Sand)
1,385
8.19
Fine Aggregate (Oily Sand)
1,385
8.58
TOTAL
3,510
27.00
Design Strength: 50-150 p.s.i.
Cement: Type II (ASTM C-150) lbs./cubic yard - 75
Pozzolan: International Class F (ASTM C-168) lbs./cubic yard - 207
Total Cementicious material sks/cubic yard: 3.00 lbs./cubic yard - 282
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MATERIALS
S.S.D. WEIGHTS (LBS.)
VOLUME (CU. FL)
Water/Cement Ratio: n/a
Course Aggregate: none
Fine Aggregate: Granite and Olympia Sands
Entrained Air: 4.0%, Dosage: oz./cwt. paravair) (dosage may vary to obtain designed air)
Chemical Admixture Type: none
SP -203-3-3 EMULSIFIED ASPHALT - Emulsified asphalt tack coat shall be SS -1h. The tack
coat shall be diluted with not more than 15% water by volume. Tack coat for Petromat shall be
AR 4000.
SP -203-6.1 GENERAL - Asphalt concrete surfacing shall be Type C2 -AR -4000. Asphalt
concrete for leveling and base repairing shall be Type B -AR -4000.
SP -203-6.8 MISCELLANEOUS REQUIREMENTS - Delivery of the asphalt concrete to the
project shall be limited to the use of 10 wheeler dump trucks. The Contractor may, however,
have the option to use equipment of his choice provided that all damage incurred to the road base
by the equipment are fixed or repaired at no additional cost to the City.
SP -210-1.6 PAINT FOR TRAFFIC STRIPING, PAVEMENT MARKING, AND CURB
MARKING - Paint for traffic striping and pavement marking shall be thermoplastic and shall
conform to the provisions of Section 210-1.6.1 of the Standard Specifications.
SP -212-1.1 TOPSOIL - Topsoil shall be Class A and shall conform to the provisions in Section
212-1.1 of the Standard Specifications.
SP -213-2 FILTER FABRIC - Filter fabric shall be non -woven geotextiles, type 180N and shall
conform to the requirements in Section 213-2 Geotextiles, of the Standard Specifications.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
PART III - CONSTRUCTION METHODS
SP -300-1.3.2 REQUIREMENTS FOR REMOVAL OF EXISTING PAVEMENT AND
EXCAVATION FOR SUBGRADE PREPARATION. Due to the nature of the site whereby the
existing subgrade may be unstable and may be susceptible to damage from heavy equipment,
equipments to be used on site shall be lightweight and shall be subject to the approval of the
engineer. In general, the removal of existing pavement and excavation for subgrade preparation
shall be done with a minimum disturbance to the existing subgrade. It may be done with a
bacichoe, Grade All or other equipment as approved by the Engineer. The equipment shall be
kept on paved area at all times while removing existing pavement and excavating to subgrade.
Materials thus removed shall be loaded on to dump truck which at all times shall only be
traveling on paved area. The work shall be done from one end of the project to the other end.
During this process, the engineer or inspector shall be on the site all the time to direct the
contractor to remove and dispose of unsuitable materials that may be encountered. There shall
be no instance whereby heavy equipment shall be allowed to travel over the prepared subgrade
unless approved by the engineer. Any damage to the prepared subgrade due to contractor's
negligence or violation of the above provisions shall be repaired by the contractor to the
satisfaction of the Engineer at no additional cost to the City. All materials removed shall be
disposed of outside the City of San Mateo.
SP -300-2.2 UNSUITABLE MATERIALS - Material that is unsuitable for the planned use shall
be excavated and disposed of outside the City limits as directed by the Engineer. Space created
by the excavation shall then be backfilled with Class 2 aggregate base. Due to the uncertainty of
the amount of unsuitable materials which may be encountered, the items to remove and dispose
of unsuitable materials as shown in the bid schedule is being exempted from the provisions of
Section 3-2.2.1, Contract Unit Prices, of the Standard Specifications.
Attention is hereby directed to the provisions in Section 300-2.2.2 -- Wet Materials of the
Standard Specifications.
SP -301-2.2 SPREADING AGGREGATE BASE - Due to the nature of the subbase on site,
dump trucks shall not be allowed to travel over prepared subgrade to deliver aggregate base.
Delivery, spreading and compaction of aggregate base shall be done in a progressive manner as
follows or as approved by the Engineer.
1. The first load of aggregate base shall be dumped in pile on prepared subgrade at one end
of project. With a lightweight dozer, the material shall be spread and rough graded
towards the other end of the project. The rough graded aggregate base shall then be
rolled at least twice with a lightweight roller to create a bridge over the subgrade for the
next delivery of aggregate base.
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2. The next load shall be delivered and dumped in pile at the end of the prepared base,
spread and rough graded towards the other end and rolled as the previous load.
3. The process shall be repeated until all the required aggregate base is in place, graded and
compacted.
Aggregate base shall be compacted to a minimum of 95 percent relative compaction unless
approved by the Engineer.
SP -302-5.2 COLD MILLING ASPHALT CONCRETE PAVEMENT - Gutter key material and
conform material shall be removed using a cold process only.
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The equipment for profiling the pavement shall be capable of accurately establishing profile
grades by referencing from either the lip of gutter, curb or from an independent grade control.
The equipment shall be capable of establishing a positive means for controlling cross -slope
elevations. The equipment shall have an effective means of removing the chips from the
pavement and for preventing dust from escaping into the air.
The excess material produced shall be loaded, and off -hauled by the Contractor to a site located
outside the City of San Mateo. It shall be the responsibility of the Contractor to process his work
so that chipping or breaking the concrete curb or gutter adjacent to the pavement will be
prevented.
In the process of forming a key along the gutter area adjacent to the curb face (as shown on the
contract drawings), excess material consisting of large chunks and pieces may become loose and
lift off. Such material shall be loaded and off -hauled at no extra cost to the City.
After a street has been keyed and conforms cut, the Contractor shall place a compacted wedge of
temporary asphalt at cross walks and at all conforms to provide for a smooth transition for both,
vehicular and pedestrian traffic. The asphalt wedge shall be in place and maintained from the
time a street is keyed to the time a street is to be overlayed. The asphalt wedge shall be
completely removed prior to the overlay process. No extra compensation will be given for this
work but shall be considered as incorporated in the unit bid price for removal and off -haul of
gutter key.
SP -302-5.2.3 REMOVAL AND DISPOSAL OF MATERIALS - All additional off -haul material
shall be deposited at locations located outside the City of San Mateo. All cost associated with
disposal of off -haul material shall be included in the various bid items and no additional payment
shall be made thereof All works associated with the removal and disposal of material shall
conform to the requirements in Section 302.5.2.3 of the Standard Specification.
SP -302-5.5 DISTRIBUTION AND SPREADING - Asphalt Concrete distribution, spreading and
compacting shall be in conformance with Section 302-5.5 and 302-5.6 of the Standard
Specifications.
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SP -302-9 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS -
Prior to the removal of any of the existing traffic control delineation, the contractor shall take
whatever action is necessary to ensure that said delineation can be accurately replaced at its
previous location upon completion of paving.
The new delineation shall be replaced not less than three nor more than four days after
installation of the new pavement.
If on those streets not designated to be resurfaced, the existing traffic control system is impacted
the construction activities, the Contractor shall install temporary Davidson markers until the
permanent traffic control system can be replaced by the contractor. The City will provide
temporary stop legend and cross -walk replacement until the contractor provides the permanent
installation.
SP -303-5 CONCRETE CURBS, WALKS, GUTTERS, ACCESS RAMPS AND
DRIVEWAYS - Construction of concrete curbs, walks, gutters, access ramps and driveways
shall conform to the provisions in Section 303-5 of the Standard Specifications and the following
special provisions. Other costs associated with the construction as shown on the details such as
saw cutting, aggregate base and A.C. plugs are deemed included in the unit cost of the item and
no additional compensation shall be allowed therefore.
Curb, gutter and sidewalk removal and replacement shall be done on one side of the street at a
time. There shall be no instances where sidewalks on both sides of the street are demolished at
the same time leaving no room for the pedestrian traffic to walk through the area.
During construction of the curb, gutter and sidewalk, the Contractor shall install temporary
walkways for residents` access in and out of the property if necessary. Payment for temporary
walkway is to be included as part of the curb, gutter and sidewalk pay item. No additional
compensation will be made to Contractor for the temporary walkways.
In some cases, only a portion of the driveway, walkway or lawns is scheduled for removal and
replacement. The homeowner may want the work extended further into the property at their
expense. The Contractor may execute contracts with individual homeowners to do this
additional work. The City will provide the Contractor with a list of homeowners who would
want to receive a quote for the additional work. City will not be responsible for payment for any
work in addition to that shown on the plans unless approved in writing, in advance, by the City.
Additional driveway work shall be limited to the strict removal and replacement of the existing
driveways. Otherwise, a building permit is required for the extra paving.
SP -308-2.3 TOPSOIL PREPARATION AND CONDITIONING. All lawn areas scheduled for
regrading shall have a minimum of 6 inches of topsoil before placement of the new sod.
Placement of topsoil shall conform to the provisions in Section 308-2.3 of the Standard
Specifications.
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SP -308-4.8.3 SOD. The type and thickness of the sod shall be the same as the sod removed or as
approved by the homeowner of the place where the sod is to be installed. Placement of the sod
shall conform to the provisions in Section 308-4.8.3 of the Standard Specifications. Contractor
shall coordinate this activity with the individual homeowners and seek their approval before
placement of sods.
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1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
CITY PROJECT NO. 09-90-89.12-10
AGREEMENT FOR PUBLIC IMPROVEMENT
CITY OF SAN MATEO
CITY COUNCIL AWARD
THIS AGREEMENT, made and entered into in the City of San Mateo, County of
San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal
corporation, hereinafter called "City," and hereinafter
called "Contractor," as of the day of , 1999.
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public
work and improvements or other matters herein provided, and execution of this contract.
(b) A notice was duly published for bids for the contract for the improvement
hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the
construction of the improvements hereinafter described to Contractor.
IT IS AGREED, as follows:
1. Scope of Work. Contractor shall perform the work according to the Contract
Book therefore entitled:
1998-99 STREET IMPROVEMENTS
MONTE DIABLO AVE.
FROM QUEBEC TO EAST END
2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the
work above agreed to be done the sum of
Said price is determined by the prices contained in Contractor's bid, and shall be paid as
described in the Contract Book. In the event work is performed or materials furnished in
addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such
work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following
documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the
Contract Book which includes the Special Provisions and Contract Drawings, Addendums
Number issued to the Contract Book: the APWA-AGC Standard Specifications for Public
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Works Construction, 1997 Edition, as amended by the 1998 and 1999 Supplements, the Faithful
Performance Bond, and the Labor and Material Bond.
All rights and obligations of City and Contractor are fully set forth and described in the
contract documents.
All of the above -named 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 said documents. The documents comprising the complete contract will hereinafter be
referred to as "the contract documents." In the event of any variation or discrepancy between
any portion of this agreement and any portion of the other contract documents, this agreement
shall prevail. The precedence of the remaining contract documents will be as specified in the
Contract Book.
4. Schedule. All work shall be performed in accordance with the schedule provided
pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore
provided, City shall immediately give written notice thereof to Contractor and Contractor's
sureties, and the sureties shall have the right to take over and perform the agreement, provided,
however, that if the sureties, within 5 days after giving them said notice of termination, do not
give City written notice of their intention to take over the performance thereof within 5 days after
notice to City of such election, 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 Contractor, and the sureties shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, 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 Contractor as may be on the site of the work and necessary therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a
legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a
calendar week from any person employed by Contractor in the performance of such work unless
such excess work is compensated for at not less than 1-1/2 times the basic rate of pay.
Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or
mechanic employed in the execution of this contract by Contractor, or by any subcontractor for
each calendar day during which such laborer, workman or mechanic is required or permitted to
labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of
California.
7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by
the Director of Industrial Relations of the State of California, in force on the day this bid was
announced, will be the minimum paid to all craftsmen and laborers working on this project. In
some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks
(**) after the expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after
the expiration date which are in effect on the date of advertisement for bids, such determinations
remain in effect for the life of the project. Prevailing wage determinations which have double
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asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and
holiday pay rates, and employer payments to be paid for work performed after this date have
been predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood
that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy
of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects
in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the
actual scale then in force.
8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of
not less than $1,000,000 each occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be
no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 each occurrence. Such insurance shall include coverage
for owned, hired, and non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
General Provisions for all insurance. All insurance shall:
Include the City of San Mateo, its elected and appointed officers,
employees, and volunteers as additional insureds with respect to
this Agreement and the performance of services in this Agreement.
The coverage shall contain no special limitations on the scope of
its protection to the above -designated insureds.
Be primary with respect to any insurance or self-insurance
programs of City, its officers, employees, and volunteers.
iii. Be evidenced, prior to commencement of services, by properly
executed policy endorsements in addition to a certificate of
insurance.
iv. No changes in insurance may be made without the written approval
of the City Attorney's office.
9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold harmless
and indemnify City of San Mateo and its officers and employees from and against any and all
claims, loss, liability, damage, and expense arising from performance of this contract, including
claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence
of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers
or employees thereagainst; provided, however that this provision does not apply to claims, loss,
liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of
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San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision
shall not affect the validity of any insurance contract, workers compensation or agreement issued
by an admitted insurer as defined by the Insurance Code.
10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney,
and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a
cost bill) by prevailing party in any action or actions to enforce the provisions of this contract.
The above $5,000 limit is the total of attorney fees recoverable whether in the trial court,
appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions.
It is the intent that neither party to this contract shall have to pay the other more than $5,000 for
attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The
parties expect and hope there will be no litigation and that any differences will be resolved
amicably.
11. Mediation. Should any dispute arise out of this Agreement, any party may
request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a
request. The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the American
Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed -upon service. The mediator shall be selected by a "blindfolded" process,
The cost of mediation shall be borne equally by the parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement. The
mediation process, once commenced by a meeting with the mediator, shall last until agreement is
reached by the parties but not more than 60 days, unless the maximum time is extended by the
parties.
12. Arbitration. After mediation above, and upon agreement of the parties, any
dispute arising out of or relating to this agreement may be settled by arbitration in accordance
with the Construction Industry Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof. The costs of arbitration shall be borne equally by the parties.
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in
addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by
certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the
signature block as shown on the Bidder's Statement.
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15. Interpretation. As used herein any gender includes each other gender, the singular
includes the plural and vice versa.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties
hereinabove named, as of the day and year first above written.
CONTRACTOR CITY OF SAN MATEO, a
municipal corporation
By: MAYOR
ATTEST:
(Typed name of Person Signing) CITY CLERK
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