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HomeMy Public PortalAbout2008 Citywide Striping Project- Phase 3CONTRACT BOOK 2008 CITYWIDE STRIPING PROJECT - PHASE III CITY PROJECT NO. 467004-46000-7032 To be used in conjunction with APWA-AGC Standard Specifications for Public Works Construction 2006 Edition AUGUST 2008 CITY OF SAN MATEO Public Works Department 330 West 20th Avenue San Mateo, CA 94403 650/522-7300 650/522-7301 (fax) rI 1 I a 1 U r 1 1 I I I I I I I I I CONTRACT BOOK 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 CITY OF SAN MATEO, CALIFORNIA CITY COUNCIL AWARD CONTRACT DRAWINGS NO. 4-18-11 (9 sheets) TIME OF COMPLETION: 30 Working Days CONTENTS NOTICE INVITING SEALED PROPOSALS PROPOSAL FORM SCHEDULE OF BID ITEMS LIST OF SUBCONTRACTORS BIDDER'S STATEMENT NONCOLLUSION AFFIDAVIT CERTIFICATION OF NON-DISCRIMINATION CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION SPECIAL PROVISIONS PART I -- GENERAL PROVISIONS PART II -- CONSTRUCTION MATERIALS PART III -- CONSTRUCTION METHODS STANDARD DRAWING APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT I I I I t I I I I I I I I 1 1 I I I NOTICE INVITING SEALED PROPOSALS 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for 2008 Citywide Striping Project -Phase III, and other work as shown on the Contract Drawings No. 4-18-11 and as described in this Contract Book and the APWA-AGC Standard Specifications for Public Works Construction, 2006 Edition. The work described requires that the bidder be licensed by the State of California as a Class A or C- 32 Contractor. 2. The Contract Book, plans and proposal forms are available at the Public Works Department, City Hall, 330 West 20th Avenue, San Mateo, California. Anon -refundable fee of $30.00 per set is required if picked up or $35.00 for each set if mailed. Any questions regarding the contract documents should be directed to Ms. Vivian Ma, Associate Engineer, at 650/522-7314, or in writing at the above address. 3. The estimated construction cost of this project is $130,000.00. 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. Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. It is the responsibility of the contractor to contact the City to determine the existence of any and all addenda. 7. The time of completion for this contract shall be thirty (30) working days, beginning from the date specified in the Notice to Proceed. 8. The right is reserved, as the interest of the 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, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter City and any contract entered into is Qipw\PWENG'A_CONTRACTS\2008@008 Citywide Striping Project - Phase III\2008 Sniping Contract -phase 3.DOC 8/20/2008 t I I I 1 I I I I I. 1 I I 1 I I 1 l subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provisions of state law. 9. 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. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for this project 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. The State Prevailing Wage Rates may also be obtained from the California Department of Industrial Relations internet web site at http://www.dir.ca.gov. 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. 10. 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., September 16, 2008 and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 11. 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. Any protests to award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 7, 2004. 12. 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: August 24, 2008 /S/ CAROLE GROOM, MAYOR Q:\pw\PWENGW_CONTRACTS\2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.00C 820/2008 2 1 I I I 1 I I 1 1 I I 1 1 1 1 I PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 all labor, 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 tothe 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, 2006 Edition. The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates) the project plans described below, including the addenda thereto, the contract annexed hereto, and also in conformance with the APWA-AGC Standard Specifications for Public Works Construction, 2006 Edition and the Labor Surcharge and Equipment Rental rates in effect on the date the work is accomplished. This proposal is also subject to the t.uus and conditions of the attached LIST OF SUBCONTRACTORS and BIDDER'S STATEMENT. ADDENDA — This proposal is submitted with respect to the changes to the contract included in the addenda number/s By my signature on this proposal I certify, under penalty of perjury under the laws of State of California and United States of America, that the Non Collusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106 is true and correct. 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 Fax Number ( ) ( ) Q:\pw\PWENGW_CONTRACTS\2008\ 2008 Citywide Striping Project - Phase til\2008 Striping Contract -phase 3.1)OC 8202008 3 1 1 1 1 i I 1 1 i Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items, The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the City of San Mateo's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of San Mateo, and that discretion will be exercised in the manner deemed by the City of San Mateo to best protect the public interest in the prompt and economical completion of the work. The decision of the City of San Mateo respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act; with surety satisfactory to the City Of San Mateo, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of San Mateo. By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of Q:1pw\PWENGW_CONTRACTS\2008\2008 Citywide Striping Project - Phase III\2008 Striping Contract -phase 3.DOC 8/20,2008 4 1 1 1 I 1 1 1 1 1 1 1 construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, as shown on the Schedule of Bid Items. Q:\pw\PWENGW_CONTRACTS\2008@008 Citywide Striping Project- Phase 11112008 Striping Contract -phase 3.DOC 8/20/2008 5 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 1 I I 1 I 1 1 ITEM NO. DESCRIPTION OF WORK EST. QTY. UNIT UNIT PRICE TOTAL COST 1 Traffic Control 1 LS $ $ 2 Mobilization 1 LS $ $ 3 Storm Water Protection Plan 1 LS $ $ 4 Install "25" MPH Pavement Legend 153 EA $ $ 5 Grind & Replace "25" MPH Pavement Legend 3 EA $ $ 6 Install "30" MPH Pavement Legend 15 EA $ $ 7 Install "35" MPH Pavement Legend 7 EA $ $ 8 Install 12" White Crosswalk 4,556 LF $ $ 9 Grind & Replace 12" White Crosswalk 567 LF $ $ 10 Install 12" Yellow Crosswalk 755 LF $ $ 11 Grind & Replace 12" Yellow Crosswalk 1,020 LF $ $ 12 Install 12" Yellow High Visibility Crosswalk 1 090 LF $ $ 13 Grind & Replace 12" Yellow High Visibility Crosswalk 300 LF $ $ 14 Install "SLOW SCHOOL XING" Pavement _ Legend 5 EA $ $ 15 Install "SLOW" Pavement Legend 68 EA $ $ 16 Grind & Replace "SLOW" Pavement Legend 1 EA $ $ 17 Install "PED XING" Pavement Legend 14 EA $ $ 18 Grind & Replace "PED XING" Pavement Legend 2 EA $ $ 19 Install "COMPACT" Parking Legend 1 EA $ $ 20 Install "KEEP CLEAR" Pavement Legend 3 EA $ $ 21 Install "STOP AHEAD" Pavement Legend 11 EA $ $ 22 Grind & Replace "STOP AHEAD" Pavement Legend 3 EA $ $ 23 Install "ONLY" Pavement Legend 4 EA $ $ 24 Install "BUMP" Pavement Legend 3 EA $ $ 25 Install "YIELD" Pavement Legend 1 EA $ $ Q:1pw\PWENG\ A_CONTRACTS\2008\2008 Citywide Striping Project - Phase III \200S Striping Contract -phase 3.DOC 6 8/20/2008 1 1 I I 1 I 26 Install "STOP" Pavement Legend 203 EA $ $ 27 Grind & Replace "STOP" Pavement Legend 62 EA $ $ 28 Install 12 -inch wide Stop Bar 4,000 LF $ $ 29 Grind & Replace 12 -inch wide Stop Bar 1,200 LF $ $ 30 Install Type VI Arrow 5 EA $ $ 31 Grind & Replace Type VI Arrow 1 EA $ $ 32 Install Type IV Arrow (Left) 4 EA $ $ 33 Grind & Replace Type IV Arrow (Left) 10 EA $ $ 34 Install Type IV Arrow (Right) 4 EA $ $ 35 Grind & Replace Type IV Arrow (Right) 4 EA $ $ 36 Install Type VII Arrow (Left) 2 EA $ $ 37 Grind & Replace Type VII Arrow (Left) 7 EA $ $ 38 Install Type VII Arrow (Right) 2 EA $ $ 39 Grind & Replace Type VII Arrow (Right) 1 EA $ $ 40 Install Type VII Arrow (Thru) 18 EA $ $ 41 Grind & Replace Type VII Arrow (Thru) 5 EA $ $ 42 Install "Handicap" Pavement Legend 1 EA $ $ 43 Grind & Replace 4 -inch Parking Stripe 560 LF s $ 44 Install 4 -inch Lane Line Extension Through Intersection 430 LF $ $ TOTAL BID $ Q:Apw\PW ENG A_CONTAACTS\2008\2008 Citywide Striping Project - Phase III k2008 Striping Contract -phase 3.DOC 7 8/20/2008 SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) 1 1 1 I 1 1 I I I 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 that will be done by each subcontractor. 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 Q:1pw1PWENG1A_CONTRACTS1200812008 Citywide Striping Project - Phase [1112008 Striping Contract -phase 3.00C 8/20/2008 8 1 1 1 I 1 1 1 I 1 BIDDER'S STATEMENT SHEET 1 OF 3 (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 The undersigned has carefully read the APWA-AGC Standard Specifications for Public Works Construction, 2006 Edition, 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 Class A or a C-32 Contractor, that the license is now in force, and that the number is 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 , 200_, at , California. The undersigned understands he must meet the requirements of Section SP -7-2.3, NON- DISCRIMINATION POLICY 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 I, 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 eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder has receivednotice from the City of San Mateo that the contract has been awarded 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. Unit prices bid must not be unbalanced. Q:\pw\PWENG'A_CONTRACTS'2008\ 2008 Citywide Striping Project- Phase IIA200g Striping Contract -phase 3.DOC 8/20/2008 9 1 1 1 I 1 1 1 I i 1 BIDDER'S STATEMENT SHEET 2 OF 3 (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT-PTIASE III CITY PROJECT NO. 467004-46000-7032 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. 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. Q:Ipw\PWENG'A CONTRACTS\2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3DOC 8/20/2008 10 11 1 1 11 1 1 BIDDER'S STATEMENT SHEET 3 OF 3 (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 Q:\pw\PWENG\A_CONTRACTS\2008200S Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.DOC S/20/2008 11 1 1 I r t 1 1 I I 1 1 I 1 I State of California County of NONCOLLUSION AFFIDAVIT (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 ) ss. , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, or any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this affidavit. Q:1pw1PWENGIA_CONTRACTS1200812008 Citywide Striping Project - Phase I11\2008 Striping Contract -phase 3.DOC 8/20/2008 12 1 1 I I 1 I I r I r I I 1 r 1 CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 Q:\pw\PWENG A_CONTRACTS\2008@008 Citywide Striping Project - Phase 1!7\2008 Striping Contract -phase 3.DOC 8/20/2008 13 CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) r I I 1 1 I I I1 r I 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 QdpwPWENOVt_CONTRACTS32008\2008 Citywide Striping Project - Phase IIP2008 Striping Contract -phase 3.DOC 8/20/2008 14 I 1 I 1 I1 I I I r 1 I 1 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 I am aware of the provisions of Section 370Q of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BIDDER By: (Name and title of person making certification) Date Q:1pw\PWENGA_CONTRACTS12008\2008 Citywide Striping Project - Phase I11\2008 Striping Contract -phase 3DOC 8/20/2008 15 1 I I I I I I I I I 1 1 SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 The work embraced herein shall be done according to the APWA-AGC Standard Specifications for Public Works Construction, 2006 Edition, (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 I - GENERAL PROVISIONS SP -2-1 AWARD OF CONTRACT. The right is reserved to reject any an all proposals. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. In determining the award, careful consideration by City shall be given to each item of bid. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done. 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 see in its best interest. Such award, if made, will be made within 45 days after the opening of the proposals.. This period will be subject to extension for such further period as may be agreed upon in writing between the Depaitment and the bidder concerned. Any protests to award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 2, 2004. SP -2-3 SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor that is ineligible under Labor Code section 1777.1. 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. Q:\pw\PWENC\A CONTRACTS\2008\200g Citywide Striping Project- Phase I]{\2008 Striping Contract -phase 3.DOC 8/20/2008 16 1 I r I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 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. 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. 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. 2008 CITYWIDE STRIPING PROJECT -PHASE III 4-18-11 CITY STANDARD PLANS Title Drawing No. For all striping details, see State of California Standard Plans, Dated May 2006 A20D, A24A, A24B, A24C, A24D, A24E 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 May 2006 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 Q:iPWWWENG\A_CONTRACTS\2008\ 2008 Citywide Striping Project- Phase III\ 2008 Striping Contract -phase 3-DOC 8/20/2008 17 1 I I i I I 1 I I I 1 I I I I 1 I 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: The installation and replacement of pavement markings, legends, and crosswalks with thermoplastic, markers replacement, providing traffic control, mobilization, and cleaning to the extent as required in the contract documents or as directed by the engineer. Work shall consist of furnishing all labor, material, equipment, transportation, and services necessary by these Technical Provisions and other contract documents. 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. 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 as follows: (l) General Contractor, $124.00; (2) all other contractors, $49.00." 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 Q:\pw\PWENG\A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.DOC 8/20/2008 18 I I I I r I I I r I I I I I I I 1 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 andbyvirtue 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 $130,000.00 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 sub -projects that 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 -3-3.2.2 LABOR SURCHARGE To the actual wages as defined in Section 3-3.2.2. (a) of the Standard Specifications for. Public Works Construction, will be added a labor surcharge. The labor surcharge compensates the contractor for statutory payroll items stipulated by various governmental agencies.. The six items included are Workers Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment and State Training Taxes. The labor surcharge calculation for overtime work does not include workers compensation on the premium portion of, overtime, as provided by workers compensation regulations. The surcharge percentage to be applied to the actual wages paid as provided in Section 3.3.2.2 (a) of the Standard Specifications for Public Works construction will be 16 percent for regular time (RT) and 14 percent for over time (OT). Q:\ pw\PWENGW_CONTRACTS\2008 2008 Citywide Striping Project Phase 11132008 Striping Contract -phase 3.DOC 8/20/2008 19 I I I r I I, I I I I I r I I I 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: 1. Labor Surcharge (RT) 16% 2. Labor Surcharge (OT) 14% 3. Labor 25% 4. Materials 15% 5. Equipment Rental 15% 6. 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 When 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 for overhead and profit. SP -4-1.6 TRADE NAME OR EQUALS. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. 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. Attention is directed to the possible existence of underground utilities not indicated on the plans and to the possibility that underground utilities may be in a location different from that which is indicated on the plans. The Contractor shall ascertain the exact location of underground utilities whose presence is indicated on the plans, the location of their service laterals or other appurtenances, and for existing service lateral or appurtenances of any other underground facilities which can be inferred from the presence of visible facilities such as buildings, meters and junction boxes prior to doing work that may damage any such facilities or interfere with their service. Q:\pw\PWENG1A CONTRACTS@008\2008 Citywide Sniping Project- Phase 11102008 Striping Contract -phase 3DOC 8/20/2008 20 1 1 I I I 1 1 1 i I I 1 I 1 I I 1 SP -6-1.1 COMMENCEMENT OF WORK. The Contractor shall begin work within 15 calendar days after receiving notice that the contract has been awarded by the City Council and shall diligently prosecute the same to completion with the time limits provided in the special provisions. SP -6-1.2 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. The schedule shall be submitted and approved prior to the start of any work being done. SP -6-1.3 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 (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 thirty (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. Q:\pw\PWENG\A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 11E2008 Striping Contract -phase 3.DOC 820/2008 21 t 1 I I I 1 I I I I I I I I 1 1 SP -6-11 MEDIATION. Should any dispute arise out of this Agreement, any party may request a meeting between the parties to resolve the dispute. Only in the event the dispute is not resolved as a result of such a meeting, or the opposingparty refuses to attend such a meeting, any party may request that it be submitted to mediation. The parties shall mediate the dispute within 30 days of such 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 the 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 Deputy Director 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 Deputy Director -- said sum to be deducted from any monies due the Contractor or paid directly to him. Normal work day hours for this project shall be Monday through Friday 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 and 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. Q:tpwWWENGIA_CONTRACTSt2008@008 Citywide Striping Project - Phase 18\2008 Striping Contract -phase 3.DOC 8/20/2008 22 1 I I I I I I I I I I Z I I1 I I I I 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. 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. 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. Q:\pw\PWENG'A_CONTRACTS\2008\ 2008 Citywide Striping Project - Phase [[P 2008 Striping Contract -phase 3.DOC 8/20/2008 23 I I I I I i U I I I I I I I I 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.I 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: 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. 3. 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. Q:\pw\PWENG A CONTRACTS\2008\2008 Citywide Striping Project - Phase 1702008 Striping Contract -phase 3.DOC 8/20/2008 24 I I I I I 1 I I I I I I I I 1 I 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 Attorney's office. 5. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". Qipw\PWENG A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3 DOC 8/202008 25 1. 1 I I I I I I I I I I I I 1 1 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. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. Q:\pw1PWENGW_CONTRACTS1200812008 Citywide Striping Project - Phase 11E2008 Striping Contract -phase 3.DOC 8/202008 26 1 1 1 I 1 I I I 1 I I 1 I 1 I SP -7-3.2 HOLD HARMLESS AND INDEMNITY PROVISION. Contractor agrees (I) 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 (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. 10. Protect storm drain inlets. Q:1pw'PWENGW_CONTRACTS@008\2008 Citywide Striping Project- Phase IIb2008 Striping Contract -phase 3.DOC 8/20/2008 27 1 I t i I I I 1 1 1 1 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 stornwater 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. 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. Q:\pw\PWENGW_CONTRACTS\2008\2008 Citywide Striping Project- Phase III @008 Striping Contract -phase 3.DOC 8/20/2008 28 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, Depaitluent of Transportation MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES - For Temporary Traffic Control, 2003 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. I 1 1 1 1 I SP -7-10.4.5 PERSONNEL PROTECTIVE EQUIPMENT. The Contractor shall be responsible for providing personnel protective equipment necessary during the work near, at, or within City underground utilities. The equipment used shall comply with the standard safety requirements when handling or exposed to waste from sewer and drainage mains. Records of laboratory tests are available upon request, and the Contractor shall be responsible for review and interpretation of such records. No additional payment shall be made to the Contractor for providing additional personnel protective equipment beyond the requirements of the standard procedures. 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. Q:\pw\PWENG\A_CONTRACTS\2008\2008 Citywide Striping Project- Phase 11132008 Striping Contract -phase 3.DOC 8/20/2008 29 I I 1 1 1 The contract price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. SP -9-3.4 MOBILIZATION. Payment for mobilization, if included as a separately stated bid item, will be as follows: A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is five percent (5%) or more of the original contract amount, fifty percent (50%) of the contract item price for mobilization or five percent (5%) of the original contract amount, whichever is the lesser, will be included in said estimate for payment. B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is ten percent (10%) or more of the original contract amount, the total amount earned for mobilization shall be seventy-five (75%) of the contract item price for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization is twenty percent (20%) or more of the original contract amount, the total amount earned for mobilization shall be ninety-five percent (95%) of the contract item price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is fifty percent (50%) or more of the original contract amount, the total amount earned for mobilization shall be one hundred percent (100%) of the contract item price for mobilization or ten percent (10%) of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. Any remainder will be paid Contractor at close of the job. The contract priced paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. The maximum allowable price bid for mobilization shall be $5,000.00. Q:\pw\PWENG\A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 1112008 Striping Contract -phase 3.DOC 8/20/2008 30 I r I i1 1 1 1 1 I SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 PART II - CONSTRUCTION MATERIALS Installation —The following work shall be performed according to the State of California, Standard Specifications, May 2006 edition (hereinafter referred to as the State Standard Specifications). 10-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS 10-2.01 DESCRIPTION This work shall consist of furnishing and applying thermoplastic traffic stripes and pavement markings, including glass beads. 10-2.02 MATERIALS Thermoplastic traffic stripes and pavement markings shall conform to the provisions in Section 84-1, "General", and Section 84-2, "Thermoplastic Traffic Stripes and Pavement Markings", of the State Standard Specifications, unless otherwise noted herein. Thermoplastic traffic stripes and pavement markings, where applicable, shall conform to the most current approved prequalified and tested signing and delineation materials and products list maintained by the California Department of Transportation. Thermoplastic material shall conform to the requirements of State Specification No. 8010-21C- 19, and shall be of the Alkyd Thermoplastic type, manufactured by Pave -mark Corporation, or approved equal. All primer shall be per the manufacturer's specifications. The State Specification No. for glass beads in Section 84-2.02, "Materials", of the State Standard Specifications is amended to read "8010-21C-22 (Type D)". Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 0.080 inch. Thermoplastic material for pavement legends and markings shall be applied at a minimum thickness of 0.125 inch. Q:\pw\PWENG'A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.DOC 8/20/2008 31 I 1 I I SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 PART III - CONSTRUCTION METHODS 10-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the State Standard Specifications and these special provisions, 10-1.02 COOPERATION. Attention is directed to Sections 7-1.14, "Cooperation," and 8-1.10, "Utility and Non -Highway Facilities," of the State Standard Specifications and these special provisions. The Contractor shall coordinate his operations with those contractors, utility agencies and the City maintenance forces, performing work within these contract limits. 10-1.04 CONSTRUCTION AREA SIGNS. Construction area signs shall be furnished, installed, maintained, and removed when no longer required, by the Contractor, in accordance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the State Standard Specifications and these special provisions. As part of the traffic control submittal, the Contractorshall indicate the construction sign locations on the plans. Exact construction area sign locations shall be as directed by the Engineer. The Contractor shall receive no additional compensation for the relocation of signs deemed necessary by the Engineer, should he proceed to place signs in advance of having sign locations approved by the Engineer. 10-1.05 PAYMENT. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in furnishing and installing construction area signs (except those signs required for traffic control system for lane closure) shall be considered as included in the price paid per bid schedule and no additional compensation will be allowed therefore. 10-1.06 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS The California Department of Transportation maintains a trade name list of approved prequalified and tested signing and delineation materials and products. Approval of prequalified and tested products and materials shall not preclude the City Engineer from sampling and testing any of the signing and delineation materials or products at any time. Listing of approved prequalified and tested signing and delineation materials and products cover the following: MATERIALS and PRODUCTS: Temporary pavement markers Striping and pavement marking tape Pavement markers, reflective and non -reflective Flexible Class 1 delineators and channelizers Railing and barriers delineators Sign sheeting and base materials Q:\pw\P W ENG\A_CONTRACTS\2008\2008 Citywide Striping Project - Phase 1/112008 Striping Contract -phase 3.DOC 8/201200g 32 I I1 I 1 11 1 1 Reflective sheeting for barricades Reflective sheeting for channelizers Reflective sheeting for markers and delineators Reflective sheeting for traffic cone sleeves Reflective sheeting for barrels and drums None of the above listed signing and delineation materials and products shall be used in the work unless such material or product is listed on the California Department of Transportation List of Approved Traffic Products. A Certificate of Compliance shall be furnished as specified in Section 6-1.07; "Certificates of Compliance", of the State Standard Specifications for signing and delineation materials and products. Said certificate shall also certify that the signing and delineation material or product conforms to the prequalified testing and approval of the California Department of Transportation, Division of Traffic Operations and was manufactured in accordance with the approved quality control program. 10-1.07 MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the State Standard Specifications and these special provisions. The first paragraph of Section 12-2.02, "Flagging Costs," shall not apply. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section 12-3.03, "Flashing Arrow Signs," of the State Standard Specifications is amended to read "36 inches by 72 inches". In the Standard Plans, Note 10 on Standard Plan T10, Note 9 on Standard Plan T10A, Note 5 on Standard plan T11, Note 6 on Standard Plan T12, Note 5 on standard Plan T13, and Note 4 on Standard Plan TM are revised to read: All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the State Standard Specifications are amended to read: During the hours of darkness traffic cones shall be affixed with reflective cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective cone sleeves shall conform to the following: 1. Removable flexible reflective cone sleeves shall be fabricated from the reflective sheeting specified in the special provisions, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours. Q:\pw\PWENG\A_CONTRACTSQ0082008 Citywide Striping Project- Phase 11]\2008 Striping Contract -phase 3.DOC 8202008 33 I 1 1 r I r 1 I I I 1 2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting specified in the special provisions, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours. 3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours. The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to cross streets, driveways, and buildings along the line of work shall be maintained at all times. Contractor shall maintain access to existing businesses at all times. Contractor shall construct, maintain, and later remove when no longer required, such temporary facilities as may be necessary to maintain traffic flow and public access. Such temporary facilities shall include, but are not limited to, asphalt concrete ramps, driveways, and conforms. Compacted aggregate base material or subgrade shall not be open to public traffic, including access to businesses, unless the Contractor has prior written approval from the Engineer. Full compensation for providing said pedestrian facilities shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. Full compensation for complying with the provisions in "Maintaining Traffic" shall be considered as included in the various contract items of work and no additional compensation will. be allowed therefor. 10-1.08 TRAFFIC CONTROL SYSTEM The traffic control system shall consist of placing temporary construction signs, closing traffic lanes, providing temporary pavement delineation and markings, cones, markers, barricades, lights, signs, flaggers and any other devices necessary to complete the work shown on the plans. All components of the traffic control system shall conform to the provisions of Section 12, "Construction Area Traffic Control Devices," of the State Standard Specifications, the provisions of Section 4-1.09, "Traffic and Access," of the special provisions, the provisions under "Maintaining Traffic' and "Construction Area Signs" elsewhere in these special provisions. The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the State Standard Specifications. The Contractor shall develop and furnish an overall Stage Construction and Traffic Control Plan for all phases of work. The Contractor shall submit the Stage Construction and Traffic Control Q:1pw1PWENGN_CONTRACTS12008'2008 Citywide Striping Project - Phase III@008 Striping Contract -phase 3DOC 8/20/2008 34 i 1 1 I 1 I i 1 1 1 1 1 1 1 I I Plan within FIVE (5) WORKING DAYS after the pre -construction conference. Delays upon the part of the Contractor in submitting a Plan, in the format as outlined in these special provisions and as directed by the Engineer, shall not constitute a valid reason for time extensions should the Contract time elapse before completion of said project. The Contractor is further advised that consideration for adequate review time, as determined by the Engineer, shall be included in the work schedule. The Stage Construction and Traffic Control Plan shall show how the Contractor will complete all the work indicated on the plans, in conformance with the State Standard Specifications and special provisions, while providing for passage of traffic through the construction zone as required in Section 10-1.07, "Maintaining Traffic," of these special provisions, including detours and temporary pavement striping and marking at each stage. No construction site work shall commence until the Engineer has approved the Stage Construction and Traffic Control Plan and the required signs have been installed. If any component in the traffic control system (including but not limited to cones, channelizers, barricades, signs, lights, pavement delineation, markers, and markings, and temporary raised pavement markers) is damaged, displaced or ceases to operate or function as specified, from any cause, duringthe progress of the work, the Contractor shall immediately repair or replace said component to its original condition and reinstall the component to its original location at his/her expense. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall take the necessary precautions and provide additional traffic control measures to protect those who must pass through the work. If the Contractor shall appear to be neglectful or negligent in providing warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that additional barricades, flashers, warning and detour signs or lights be installed by the Contractor, or additional naggers provided. Any action or lack of action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety. 10-1.08A TRAFFIC CONTROL FOR PAVEMENT STRIPING During pavement striping operations and . pavement marker placement operations using bituminous adhesive, traffic shall be controlled with temporary lane closures, in accordance with the provisions of Section 12, "Construction Area Traffic Control Devices," of the State Standard Specifications, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start pavement striping operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the State Standard Specifications and these special provisions. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary Q:1pwV'WENG A_CONTRACrS'2008@008 Citywide Striping Project- Phase IIIt2008 Striping Contact -phase 3.DOC 8/202008 35 I 1 I I r1 1 1 1 I 1 1 I I pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers which conflict with a new traffic pattern or which are applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the State Standard Specifications. 10-1.09 NO PARKING SIGNS The City will provide blank, "No Parking" signs to the Contractor. The day of the week shall be written out or properly abbreviated with 3 to 4 letters; month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign. The signs shall be placed as needed to control the parking of cars within the construction zone. The Contractor shall notify the City's Inspector upon posting of the parking restrictions for a particular street Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor shall promptly reset or replace all damaged or defective signs. Upon completion of work in each area, the Contractor shall promptly and completely remove all signs and barricades. For removal of parked vehicles not in compliance with posted signs, the Contractor shall notify the City's Inspector not less than two hours prior to the needed removal with the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars that obstruct the construction operation. If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor's failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation. 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. The Contractor shall request and obtain approval from the City before any lane closures are implemented. 104.10 MEASURMENT AND PAYMENT Traffic control shall be measured on a lump sum basis. The contract lump sum price paid for traffic control shall include full compensation for furnishing all labor, materials (including signs), tools, flagmen, equipment and incidentals, and for doing all the work involved in furnishing, placing, removing, storing, maintaining, temporary relocating, replacing and disposing of the components of the traffic control system as shown on the documents, as Q:\pw\PWENG\A_CONTRACTS'2008\2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.DOC 8202008 36' 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 I specified in the State Standard Specifications and these Technical Provisions, and as directed by the Engineer. Qdpw1PWENGIA_CONTRACTS32008\2008 Citywide Striping Project - Phase III 32008 Striping Contract -phase 3.DOC 8/208008 37 a O s a MS a• I a MI — al N® aw all a— ass a,.T CeANT. Rm,rF '°"`°" ea`IO W"°',45501 '5 CHANNELIZING LINE LEGEND MARKERS /�jlx�-Y��qC JA+L. 12 DETAIL 3$ B" White Line Q TYPE A White Non -reflective PE =I LY Seal SET r"0 . meld I: } �� ® TYPE AT Yellow Nan -Reflective f• I Nay I. z000 a CA B a a ,.. El TYPE G One-way Clear Retroreflacrlve 1-al_S `sly, tql-a1 Through Traffic ter- 4'• Yellow Line TA once forum. wry [ethers , " AAA. .+ +.nrvm a e•w �\ DETAIL 384 r White Line �— Di Ho of Travel to DPP le Carew wet, NAm m mNlArolcwsw S MARKER DETAILS Re r relect Iv pavement a 1 3$„_oi/., .A7 Retrorefleci lve pavement marker at either marker at dow stream 0-){e". See Note 3 era of recess r 0-]{I'• See N to 3 end of recess / DETAIL 38B i % /- \ u 7 a"o Ire Line v } T SECTION A -A �I SECTION B -B it �a v u ='! I 39'-0" t 24'-0" ^M O I e f .p marker fit a �avemenf �► downstream eni n I iith• + marke�arli end of neceee end of recess N DETAIL 38C - TYPE A Sc. TYPE AY TYPE G —I- A ----- - A B ------ -- B O 0 A 8 8 8 8 8 a 8 8 8 8 8 a Retro elective Foca L y1M1n I 2 a _,r y I INIn I - - Finished In Sin N — . Allis n PLAN N Finished Raudvay Su force PLAN H' > si 1 24'-0" 29'-0" Two -Way Traffic in One -Way Traffic a q is 0 ITYpe 2) IMP* II INDARD PLAN M o to RECESS DETAIL FOR BIKE LANE LINE /[' RETROREFLECTIVE PAVEMENT MARKER . ., co . DETAIL 39 7.---6" White Line Thermaplaetle Material f f • DETAIL FOR RECESSED 418"-4%' °�•"°%" RECESSED MARKER NOTES: THERMOPLASTIC TRAFFIC STRIPE , 1 I.see typical traffic line INTERSECTION LINE - r I I I dDtai le for her ' See Notes A and B. - patterns to be with recessed Pavement markers, avian 14A BIKE LANE RECESSED THERMOPLASTIC NOTES //// apwres a Type 2 recess. DETAIL 39A zoo• -o'• Intersection A. See typical traffic line details for Retrorefiective Face .`' 2.The retrareflective r pavement marking patterns. pavement markers Shawn i O O `m�J' /,///////! ///////// for recessed Installations to be for @ - II B. ice.}op a( thethermoplastic installed N - 6" White Line In recessed pavement shall be 0 }o /K' - , _\ ore per ins° non ceased installations. C v Eelaw the pavement surface. N ///////! 33. -The top Of LANE LINE EXTENSIONS pavement shall be InQ1�s"lea In °erase 6nall De 0-Np" aDIPW the TYPE C & TYPE D TYPE G & TYPE H Pavement surface. THROUGH INTERSECTIONS See Notes 1 are 2. DETAIL 40 DETAIL 40A -• RETROREFLECTIVE • PAVEMENT MARKER ---1 h I I ---1 FOR RECESSED INSTALLATION ❑ ❑ Q O O ooq o o o o 4" White Line Type A Nan -Reflective CENTER LINE EXTENSIONS 'STATE OF CALIFORMA DEPARTMENT OF TRANSPORTATION THROUGH INTERSECTIONS PAVEMENT MARKERS DETAIL 41 DETAIL 414 AND TRAFFIC LINES TYPICAL DETAILS —I ® • ® ® ® ®®t 0 0 0 0 • NO SCALE 4" Yellow Line Type AY Non -Reflective A2OD a ssr a a s a — a■ a as — as S a s. ws — 5 01ST ...TY RW.L TOrA..g.IgT Mil PEQS/� n iJ a TEPEO CIVIL CRGIHEL h1/4.//\ /:er ■.11■■ May I 2006 ■.11.■ nL orCeR To germ lb Ctons.0 silt') Ax mNn.,nneaa. ■, m t ■1111■ ■1111■ t'-0' RID 2006 STA' ■1111■ —. N A 14 6 ft Wi ■1111■ TYPE I 10'-0" ARROW 4 I ■1111■ a ■111 ■ 1'-0" GRID k,•_°•• 111 ■ 6 -°. _4 ■111 ■ p I I �' TYPE Yg IIIARROW D ' ■1111■ °" y na as '-0' GRID T 1 A•25 q ft • ■1111■ ,'I 40 TYPE I 18'—O" ARROW 1111■ SP u A24A ■1111■ —H. ■1111■ 1'-0" GRID A=42 Sq ft TYPE YI ARROW DROP ARROW / A-31 q ft • RIGHT LANE TYPE I 24'—O" ARROW 1'-0'• GRID r -a•• (FOR LEFT LANE, Dse MIRROR IMAGE) A=, sq ft (L) _ TYPE 8 ARROW ,-_B• I I (FORUE TYPEMIR El (RIIM \ ARROW, OR E) A 3 q ft TYPE Y ARROW NOTE: STATE OF CALIFORNIA MINOR VARIATIONS IN DIMENSIONS DEPARTMENT OF TRANSPORTATION MAY BE ACCEPTED BY THE ENGINEER. I' -O" GRID • 6"GRG =21sgf • A=7 Sq ft • TYPE YII (L) ARROW I -0" PAVEMENT MARKINGS ARROWS BIKE LANE ARROW (FOR TYPE H[ (RI ARROW, NO SCALE USE MIRROR IMAGE) I A24A !t S 5 ISMS ® S a: Mt S! a s )III a MO i® : . RE SPOILEO ENGINEER on m e. one Ma t, 2006 I . otJ rh, Valve cowry. a ru war. a '( w - T•_O• Ta Mn lncdmv wA* Nbinwdd5A s. D.. tt•_D. I r •n.ai■ ■■n1■■■■ // 2006 STANDARD PLAN A24B \\\ :::CIiii1 C. C. Unp \\ ;', nll■1111. o ■■■111 .■■■ ■■11■ICI�C11■. \I n11■1111■ o , I ■■LI■111 ■PJ■■ ►\■■■1 11■ IIIC..... 'ICII. \\■., :���.. ..:� 111►..n 1111. ��Y\,1►I1�IIY�� ���,�11� ■■ ■l 1■■■■ ■■■■1111■ ■■ ■1 1 ■■ ■■■■111 ■ c i ■■I I ■. r -a' c to ■ I' O' GRID t •-o" GRID t._P. t, G, t._G. �i I I t._c" GRID t•_a• . I. —I A=O sq ft ' 5=T3 a ft ;A=C5 s4 ft TYPE II (L) ARROW AGOG ea ft TYPE IQ (L) ARROW TYPE III (B) ARROW TYPE Bt (R) USE MIRROR IMAGE) (FOR TYPE II (R) USE MIRROR IMAGE) TYPE If (B) ARROW (FOR STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION NOTE: PAVEMENT MARKINGS MINOR VARIATIONS IN DIMENSIONS ARROWS MAY BE ACCEPTED BY THE ENGINEER. ND SCALE A24B RAILROAD CROSSING SYMBOL *E70 sq ft DOES NOT INCLUDE THE 2'-0" A VARIABLE WIDTH TRANSVERSE LINES. 6" GRID A IMRltel =9 sq ft A (Bluel =1e aq ft INTERNATIONAL SYMBOL OF ACCESSIBILITY MARKING s Omen* s m ration • ,To�..P m ye=n MVXm 111•\' _ 911111 F O NEN&M. E111MEM 011IIU\11I%II11 MENIM 1111\I\IIII w ism a m1111111111MOMS 11II1111I111 T111C91111 I" GRID I lo" A=2 sq ft BICYCLE LOOP DETECTOR SYMBOl I. Minor variations In dimensions may ee accepted by the Engineer. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PAVEMENT MARKINGS SYMBOLS AND NUMERALS NO SCALE A=19.5 6q ft RSP A24C DATED JUNE 6, 2009 SUPERSEDES STANDARD PLAN ANC DATED MAT I, 2006 - PAGE II OF THE STANDARD PLANS BOOK DATED MAY 2006. A=43 sq ft kJ A=42 sq ft A=24 sq 8=31 sq ft t—I A=5 sq ft A=6 sq ft I� A=24 sq ft £1 If A=26 sq ft Y-1-Fi-F1-YfI N*I'VI-F -T I £41. 4=19 sq ft A=26 sq A=22 sq A=18 sq ft ®IIMIM ENRIEM In -49a 0 C1 VIL E ga'sic,, JM iu{wrw /xV er. vmpwsval Mrv+'c wF wins Yin SID re @+ma web Mg, m m1/.wcmm% A=19 sq ft A=21 sq ft NOTESI • 1. If a message consists of more than one word,It should read "LP", 1.e.. the first word should be nearest the driver. - 2. The space between words should be at least four ',Imes the height of the characters for low speed roods, but not more than ten times the height of the characters. The space may be reduced appropriately where there is limited space because of local conditions. 3. Minor variations in dimensions may be accepted by the Engineer. 4. Portions of a letter, number or symbol may be separates by connecting segments not to exceed 2" in width. AHEAD RICHT WORD MARKINGS YIELD SCHOOL SIGNAL VEHICLES COMPACT RUNAWAY STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PAVEMENT MARKINGS WORDS NO SCALE A24D a; a a a MIN a IS a a a SE s a a a s as a s BM 11 lV A=24 a ft r) 1 A=23 1 a ft J aL � A=27 so ft n 3. —r A=24 so ft 1 A=2 sa ft See Notes 6 and T 'S J 1 A=21 i sa ft U u 1tJt7 —"I so ft 1 A=22 sa ft I' -o" ehIts line CROSSWALK AND LIMIT LINE See Note S LVVVVVV t Dire tion . of travel YIELD LINE White series of isosceles triangles -- A=14 as ft r\ J 1 A=17 sa ft NOTES: 1. If a message consists of More than one word, It should read "UP", i.e., the first word should be nearest the driver. 2. The space between words should be at least four times the height of the characters for low speed roads, but not more than ten times the height of the characters. The space may be reduced appropriately where there IS limited space because of local conditions. 3. Minor variations In dimensions may be accepted by the Engineer. 4. Portions of a letter, number or Symbol may be separated by connecting segments not to exceed 2" In width. 5. crosswalks contiguous to school grounds are to be 1'0" yellow I Ines In place of 1'-0" white shown. 6. The words "NO PARKING' movement marking is to be used for making facilities. For typical locations of markings, see Standard Plans A904 and 4905. T. The words 'NO PARKING', shall be painted in white letters no less then 1'-0" high on a contrasting background and located so that it is visible to trafic enforcement officials. al ST po ..n.rP0MMPOT g dint deraZtiflivls MOE ESA May 1, 2006 Pugs nvsvovu art mown nn sns an Id 5102 11.1L:gI re 5d Ix k Meads vd okw b NN//wr.4em WORD MARKINGS ITEM se ft ITEM sq ft LANE 24 NO 14 POOL 23 BIKE 21 CAR li Bus 20 CLEAR 27 ONLY 22 KEEP 24 FAY 16 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PAVEMENT MARKINGS WORDS AND CROSSWALKS NO SCALE NVld 0!lVANVSS 900Z A24E a to m m I I I 1 1 I r I I I I I 1 r I I I I 2008 CITYWIDE STRIPING PROJECT -PHASE III CITY PROJECT NO. 467004-46000-7032 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 , 200 . 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. (e) 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: 2008 CITYWIDE STRIPING PROJECT -PHASE III 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 workand 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 Works Construction, 2006 Edition; 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. Q:pw\PWENGW CONTRACTS\2008\2008 Citywide Striping Project - Phase IIP200S Sniping Contract -phase 3.DOC A-1 8/20/2008 • I t 1 1 I I I I I 1 1 I I 1 I I I 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 therefore. 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 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. QApw\PWENG\A_CONTRACTS1200812008 Citywide Striping Project - Phase II1\2008 Striping Contact -phase 3.DOC 8/20/2008 A-2 1 I I I I I I I I e I I I I I r I I r 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. D. 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. ii. 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. v. NOTICE OF CANCELLATION: The City requires - 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". 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 CityofSan 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, Q:\pw\PWENGN_CONTRACTS\200812008 Citywide Striping Project - Phase 111\ 2008 Striping Contract -phase 3.DOC 8/20/2008 A-3 I I I I I I I I I I I 1 I I I I I I I 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. 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. Q:\pw\PWENGA_CONTRACTS@008\2008 Citywide Striping Project - Phase lft\2008 Striping Contract -phase 3.DOC 8/20/2008 A-4 I I I I I I I I I I I 1 I I I I I I 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 Q:\pw\PWENG\A_CONTRACTS\2008\ 2008 Citywide Striping Project - Phase 111\2008 Striping Contract -phase 3.DOC 8/20/2008 A-5