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HomeMy Public PortalAboutIn-Pavement Lighted Crosswalks- Bovet Road-`' I e I I I I I I 1 I I CONTRACT BOOK IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 • To\be .usediin eonjw cn <tioni'wth\ ,e State of Culifornra 4 epar,tment o �e 4 vi Standard Specifice ions a - i MARCH 2008 CITY OF SAN MATEO Public Works Department 330 West 20th Avenue San Mateo, CA 94403 650/522-7300 650/522-7301 (fax) I I 1 1 I I i CONTRACT BOOK IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 CITY OF SAN MATEO, CALIFORNIA CITY MANAGER AWARD CONTRACT DRAWINGS NO. 3-6-64 (3 sheets) TIME OF COMPLETION: 20 Working Days CONTENTS NOTICE INVITING SEALED PROPOSALS BID PROPOSAL FORMS PROPOSAL FORM SCHEDULE OF BID ITEMS LIST OF SUBCONTRACTORS BIDDER'S STATEMENT PUBLIC CONTRACT CODE SECTION 10285.1 PUBLIC CONTRACT CODE SECTION 10162 PUBLIC CONTRACT CODE SECTION 10232 NON -COLLUSION AFFIDAVIT CERTIFICATE OF NON-DISCRIMINATION CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION 0: ow`PWENGU CONTRACTS'200T2007 In -Pavement Lighted Crosswalkskontract- rev "DOC 1 3/12/2008 r I 1 r 1 1 1 1 1 I 1 I SECTION 1. SPECIFICATIONS AND PLANS 22, 1-1.01 GENERAL 22 1-1.02 DEFINITIONS AND TERMS 22 1-1.03 PLANS AND SPECIFICATIONS 23 SECTION 2. PROPOSAL REQUIREMENTS, CONDITIONS AND NON-DISCRIMINATION GUIDELINES 24 2-1.01 GENERAL .. . . 24 2-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK . 24 2-1.03 EMPLOYMENT OF APPRENTICES 24 2-1.04A NON-DISCRIMINATION POLICY 24 2-1.04B LOWEST RESPONSIBLE BIDDER 24 2-1.04C STANDARDS OF NON-DISCRIMINATION 25 2-1.04D CERTIFICATION OF NON-DISCRIMINATION 25 SECTION 3. AWARD AND EXECUTION OF CONTRACT 26 3-1.01 GENERAL 26 3-1.02 AWARD OF CONTRACT 26 3-1.03 SUBCONTRACTS 26 3-1.04 CHANGES INITIATED BY THE AGENCY 26 3-1.05 CONTRACT BONDS 26 3-1.06 LIABILITY INSURANCE 27 3-1.07 HOLD HARMLESS AND INDEMNITY PROVISION 30 3-1.08 GUARANTEE 30 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES 31 4-1.01 GENERAL 31 4.1.02 COMMENCEMENT OF WORK 31 4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE 31 4-1.04 DELAYS AND EXTENSIONS OF TIME 31 4-1.05 PRE -CONSTRUCTION CONFERENCE 31 4-1,06 TIME OF COMPLETION 31 4-1.07 LIQUIDATED DAMAGES 31 4-1.08 LOCATION OF UTILITIES 32 4-1.09 TRAFFIC AND ACCESS 32 4-2. ACCEPTANCE OF CONTRACT 32 4-2.01 SUBSTANTIAL COMPLETION OF WORK 32 4-2.02 ACCEPTANCE OF CONTRACT 32 SECTION 5. GENERAL 33 5-1 MISCELLANEOUS 33 5-1.01 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION 33 5-1.02 HOURS OF LABOR 33 5-1.03 LABOR NONDISCRIMINATION 33 5-1.04 SAN MATEO BUSINESS LICENSE GUIDELINES 34 5-1.05 NOTICE OF POTENTIAL CLAIM 34 5-1.06 ATTORNEY FEES 34 5-1.07 PAYMENT 35 5-1.07A GENERAL 35 5-1.07B TEN PERCENT (10%) RETENTION 35 5-1.07C PARTIAL AND FINAL PAYMENTS 35 5-1.07D PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS 35 5-1.07E PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS 35 5-1.08 MEDIATION 35 5-1.9 ARBITRATION 36 5-1.10 MOBILIZATION 36 5-1.11 SUBCONTRACTING 36 5-2. CONTROL OF WORK 37 5-2.01 SURVEYING 37 5-2.02 MEASUREMENT OF QUANTITIES 37 Q.\pw PWF.NG\A CONTNACTS\200A20071n.Pavernent Lighted Crwawalkskontract • rev) DOC 2 3/12/2008 1 I 1 f r I I I I 1 1 5-2.03 COOPERATION AND COLLATERAL WORK 37 5-2.04 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 37 5-2.05 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS 37 5-2.06 SUBMITTAL REQUIREMENTS. 38 SECTION 6. (NOT USED) 39 SECTION 7. WATER POLLUTION 40 7-1.01 WATER POLLUTION 40 SECTION 8. '(NOT USED) 42 SECTION 9. DESCRIPTION OF WORK 43 SECTION 10. CONSTRUCTION DETAILS 44 10-1.01 ORDER OF WORK 44 10-1.02 NON -STORM WATER DISCHARGES 44 10-1.03 PRESERVATION OF PROPERTY 44 10-1.04 PROGRESS SCHEDULE 45 10-1.05 DUST CONTROL 45 10-1.06 MOBILIZATION 45 10-1.07 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES 45 10-1.08 CONSTRUCTION AREA SIGNS 46 10-1.09 MAINTAINING TRAFFIC 47 10-1.10 CLOSURE REQUIREMENTS AND CONDITIONS 48 10-1,11 REMOVE CONCRETE 49 10-1 12 AGGREGATE BASE 50 10-1.13 ASPHALT CONCRETE 50 10-1.14 MISCELLANEOUS CONCRETE CONSTRUCTION - 51 10-1.15 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS 52 10-1.16 PAVEMENT MARKERS 52 10-1.17 CONCRETE CURB RAMPS, SIDEWALKS, CURBS & GUTTERS 54 10-1.18 SAWCUT ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE. 54 10-2 BLANK 55 10-3 LIGHTED CROSSWALK AND ELECTRICAL SYSTEMS 55 10-3.01 DESCRIPTION 55 10-3.02 DEFINITION. 55 10-3.03 CONTROLLER ENCLOSURE. 55 10-3.04 LED LIGHTING FIXTURES. 55 10-3.05 LED LIGHTING FIXTURE MOUNTING BASE PLATES. 55 10-3.06 AUTOMATIC ACTIVATION BOLLARD SYSTEMS 56 10-3.07 CONDUIT 56 10-3.8 CONDUCTORS 57 10-3.9 PULL BOXES 57 10-3.10 FIELD TESTING 57 10-3.11 MEASUREMENT AND PAYMENT 57 APPENDIX I AGREEMENT FOR PUBLIC IMPROVEMENT Q:\pw\PWENG\A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalks\wntract- rev 3 DOC 3 3/12/2008 NOTICE INVITING SEALED PROPOSALS IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Manager of the City of San Mateo, California, for In - Pavement Lighted Crosswalks — Bovet Road and other work as shown on the Contract Drawings No. 3-6-64 and as described in this Contract Book and the State of California, Department of Transportation Standard Specifications and Standard Plans dated May 2006. The work described requires that the bidder be licensed by the State of California as a Class C-10 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. A non-refundable fee of $20 per set is required if picked up or $30 for each set if mailed. Any questions regarding the contract documents should be directed in writing to Vivian Ma, project engineer at (650) 522-7314, at the above address. 3. The estimated construction cost of this project is $42,000. 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 Section 2, "Proposal Requirements, Conditions, and Non -Discrimination Guidelines," in the Special Provisions. 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 twenty (20) 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 subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provision of state law. Q9pwPWENG'A CONTRACTSt200T1007 In -Pavement Lighted Crosswalks contract - rev 3. DOC 4 3/12/2008 I 1 I I 1 t1 I I I r I I I 1 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., April 2, 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 Manager at a later date, at which time the City Manager may award the contract to the lowest responsible bidder as so reported; or as the City's interest may dictate, City Manager may exercise its right to modify the award or to reject any or all bids. Any protests to award 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 the Notice of Completion is recorded. 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 retention 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. Dated: March 15, 2008 Carole Groom, MAYOR Q:\pwWWENGIA CONTRACTS\200'N.007 In -Pavement Lighted Crosswalks \ contract - rev 3.OGC 5 3/12/2008 I I I I I I I I r r I PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 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 to the lines, grades, and dimensions shown on said drawings and shall be done in accordance with this Contract Book and the State of California Department of Transportation Standard Specifications and State Standard Plans dated May 2006. 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 or Federal minimum wage rates, whichever is higher, the project plans described below, including the addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans dated May 2006, the Standard Specifications dated May 2006 and the Labor Surcharge and Equipment Rental rates in effect on the date the work is accomplished. This proposal is also subject to the terms 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, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify under penalty of perjury under the laws of State of California and United States of America, that Non Collusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. QipwIWENG\A CONTRACTS\200T2007 In -Pavement Lighted Crosswalks \ contract - rev 3.DOC 6 3/12/2008 I I I I I 1 I I r I I I I r I 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 i ) Phone Number ( ) Fax Number Qdpw\PW[NGN CONTFACBt2007k2007 In -Pavement Lighted Crosswalkskontract-rev 3.DOC 7 3/12/2008 I 1 I I I 1 1 I I 1 I I I 1 I I 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 percentage wise 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 that 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. Q\pw\PWENG\ACONTRACTS@007\2009 ImPavement Lighted Crosswalks \ contract -rev 3DOC 8 3/12/2008 I I I 1 I I I I I I I 1 I I I I I 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 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 therefore the following prices, as shown on the Schedule of Bid Items. Q1pw\PWENG\A CONTRACTS@007\2007 In -Pavement Lighted Crosswalkslconvact - rev) D0C 9 3/12/2008 1 I I 1 1 I 1 1 1 i 1 1 I 1 1 1 i I SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 ITEM NO. DESCRIPTION OF WORK EST. QTY. UNIT UNIT PRICE TOTAL COST 1 Install City -furnished Lighted Crosswalk Warning System 2 EA $ $ 2 Remove and Replace Concrete Valley Gutter 250 SF $ $ 3 Demolish and Construct Type C Curb Ramp I LS $ $ 4 Grind and Install 12" wide white thermoplastic crosswalk 100 LF $ $ 5 Construction Signs and Traffic Control 1 LS $ $ TOTAL BID $ Q-\pw\PWENG'A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalkskontract- rev 3 DOC 10 3/12/2008 I I 1 I I I 1 1 I I 1 I I I SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 Each bidder acknowledges it is aware and familiar with the requirements related to subletting and subcontracting set forth in Section 2-1.054 and 8-1.01 of the State 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. 3. If no portion of the work is to be subcontracted as provided in item 1, insert the word "none" in the space provided and sign below. NAME ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ 1 I I Contractor's Signature I Q:\pw PWENG\A_CONTRACTS\2007\2007 1, -Pavement Lighted Crosswalks\contract- rev 3.DOC 11 3/12/2008 I U I I I I 1 e I I I I i I i I I 1 BIDDER'S STATEMENT SHEET I OF 3 (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Standard Specifications, 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 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 2, "PROPOSAL REQUIREMENTS, CONDITIONS, AND NON-DISCRIMINATION GUIDELINES," of these Special Provisions 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 received notice 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. Qdpw\PWENO'A_CONTRACTSt2007120b1In-Pavement Lighted Cresswalkskonuaet - rev 3.DOC 12 3/12/2098 I I I I I I I I I I i I 1 I I I I 1 BIDDER'S STATEMENT (can't) SHEET 2 OF 3 (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 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 (I 0) 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\pwWWENGtA CONTRACTS\20072007 In -Pavement Lighted Crosswalkskontrect- rev IDOC 13 3/12/2008 I I I I 1 I I I I I I 1 I I I BIDDER'S STATEMENT (con't) SHEET 3 OF 3 (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 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 Q9pw\PWENGW CONTRACTS@OOT2007 In -Pavement Lighted Crosswalkskonlraa- rev 3.DOC 14 3/12/2008 I i I 1 I I I I I I I I I I I PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), bidder hereby declares under penalty of perjury that the bidder: 0 has ❑ has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 110, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check before "has" or "has not" in one of the boxes provided. The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I Q9pw\'WENGEA_CONTRACTSt200732007 In -Pavement Lighted Crosswalks\contract- rev 3DOC 15 3/12/2008 1 1 I I I I I I I I I I I I I I PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 In accordance with Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of violation of law or safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the following space: Qdpw PWENG A CONIRACTSV00T2007 In -Pavement Lighted Crosswalks\contras • rev I. DOC 16 3/12/2008 I a I I I I I I t I I I I I I I I a I PUBLIC CONTRACT CODE SECTION 10232 STATEMENT (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of the National Labor Relations Board. The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Q:\pw\PWENG\A CONTRACTS L200112001 In -Pavement Lighted Crosswalkskontracl- rev 3.DOC 17 3/12/2008 I I I I I I I I I I I I I I I I I I NONCOLLUSION AFFIDAVIT (Delete if Federal Project) (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 State of California ss. County of , 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:pw'PWENGU CONTRACIS\2007\2007 In -Pavement Lighted Crosswalkakontract- rev 3.DOC 18 3/12/2008 I I I I I I I I I I I I I I CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 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 WENGIA CONTRACTS¢OPA2007 In -Pavement Lighted Crosswalks \eontmct- rev 3. DOC 19 3/12/2008 I 1 I I I I I a I I I I I I I I CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 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 42063 San Francisco, CA 94142-0603 Q:\pwWWENGU_CONTRAC$¢00T2007In-Pavement Lighted Crusswalkskontract- rev 3.00C 20 3/12/2008 I 1 I I I I I I I I V 1 I I I CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD CITY PROJECT NO. 465144 I am aware of the provisions of Section 3700 of the Labor Code which 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\pw\PWENGU CONTRACTS@007\2001 In -Pavement Lighted Crosswelkstcontracs-rev 3. DOC 21 3/12/2008 I I I I I I I I I I I I I I I 1 I I I SPECIAL PROVISIONS IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 CITY OF SAN MATEO DEPARTMENT OF PUBLIC WORKS STATE OF CALIFORNIA SECTION 1. SPECIFICATIONS AND PLANS 1-1.01 GENERAL. The work embraced herein shall be done in accordance with the State of California Department of Transportation Standard Specifications, 2006 Edition (hereinafter referred to as the Standard Specifications); the State of California Department of Transportation Standard Plans, 2006 Edition; and according to these Special Provisions. The bidder's attention is directed to the provisions in Section 1, "Definitions and Terms," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of a bid. Project contract drawings shall govern in lieu of conflicting provisions of the Standard Plans; Standard Plans and project contract drawings shall govern in lieu of conflicting provisions of the Standard Specifications; the Special Provisions shall govern in lieu of conflicting provisions of both the Standard Specifications and the Standard Plans, but shall in no way nullify non -conflicting portions of the Standard Specifications. 1-1.02 DEFINITIONS AND TERMS. Wherever in the Standard Specifications, special provisions or contract documents, unless the context otherwise requires, the following terms shall have the following meaning: Department of Transportation. The City of San Mateo, State of California. Director of Transportation. The City Manager of the City of San Mateo, State of California. Agency, Architect, Authorized Representative, City, City Representative, Construction Manager, City Engineer, Geoteclmical Engineer, Resident Engineer, Project Architect, Soil Engineer, Shoring Engineer, Owner, or Owners Representative. The Director of Public Works of the City of San Mateo, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Contractor, General Contractor, Electrical Contractor, or Construction Site Manager. The Contractor acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory. The established laboratory of the Materials and Research Section of the Department of the Transportation of the State of California or laboratories authorized by the Engineer to test materials and work involved in the contract. State. The City of San Mateo Q Apw\PWENGA CONTRACTSt200A2007 In -Pavement Lighted Crosswalks'contrac, - Doc 22 3/12/2008 Transportation Building, Sacramento. City Hall, City of San Mateo, State of California. State Highway Engineer. The Director of Public Works of the City of San Mateo, State of California. Standard Specifications. Means the 2006 edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or State agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office or officer acting under this contract. Work. All the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written order of the Engineer. 1-1.03 PLANS AND SPECIFICATIONS. All work will be done in accordance with the Contract Drawings No. 3-6-64, titled "In -Pavement Lighted Crosswalks — Bovet Road". If no standard plan is listed for a detail needed to complete the required work, City of San Mateo standard plans will be used. If there is no City of San Mateo standard plan, which applies, State of California, Department of Transportation, Standard Plans, 2006 Edition, will be used. I I i I I I I I Q.\pw\PWENG\A CONTRACTS\20077007 In -Pavement Lighted Crosswalks \ contract - rev 3. DOC 23 3/12/2008 I 0 i I I 1 I I I I I 1 I I 1 I I I I SECTION 2. PROPOSAL REQUIREMENTS, CONDITIONS AND NON-DISCRIMINATION GUIDELINES 2-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of a bid. 2-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK. The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. 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 proposal form and attach any additional information necessary to state the basis of the bid. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications. 2-1.03 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. 2-1.04A 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. 2-1.04B LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for public works will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder. The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the plans and specifications therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary, the required State or other license and that he and his subcontractors have undertaken an affirmative action program to promote the full realization of equal employment opportunities meeting the minimum requirements set forth herein. Any subcontractor failing to comply herewith shall be deemed unqualified and shall be substituted. 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 1pwPWENOU_CONPRACTS\200T2002 In -Pavement Lighted Cronwalks\contract • rev 3 DOC 24 3/12/2008 I 1 I I S I S I I 1 1 1 1 1 1 2-1.04C STANDARDS OF NON-DISCRIMINATION A. The successful bidder and each subcontractor shall undertake affirmative action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin. B. In all advertisements for labor or other personnel or requests for employees of any nature, the successful bidder and each subcontractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. 2-1.04D 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 non-discrimination. OapwWWENGIA CONTRACTS20072007 In -Pavement Lighted Crasswelksbontraet . rev 3. DOC 25 3/12/2008 1 1 1 1 1 SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these Special Provisions. 3-1.02 AWARD OF CONTRACT. Theright is reserved to reject any and all proposals. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. 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 Department 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. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: 330 W. 20th Avenue San Mateo, CA 94403 3-1.03 SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor that is ineligible under Labor Code section 1777.1. 3-1.04 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 $35,000 available for this project. The City shall have full authority and discretion to determine the decrease or increase in quantities required as well as the subprojects 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. 3-1.05 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor shall file with the agency surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide two acceptable surety bonds; one for labor and materials and one for performance. The "Payment Bond" (Material and Labor Bond) shall be for not less than 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. Q\pv3PWENG\A_CONTRACTS\2007'200]In-Pavement Lighted Crosswalks \ contract - rev 3. DOC 26 3/12/2008 I I 1 1 r I 1 1 I 1 I 1 1 1 I 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. 3-1.06 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. (Based on the type of project, determine if additional insurance language is required.) 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. 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. Q:tpw\PWENG'A CONTRACTSOOPIt2007 In -Pavement Lighted Crosswalkskontreet- rev 3DOC 27 3/12/2008 No changes in insurance may be made without the written approval of the City Attorney's office. I 1 i I1 1 1 1 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". Q \pw\PWENEM CONTRACTS\2007\2007 In -Pavement Lighted CrosswtRs\conmrnm- rev 1. DOC 28 3/12/2008 1 I 1 I 1 1 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 X 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 \pw1WENG\A CONTRACTS12007\2007 In -Pavement Lighted Crosswalks\contract - rev 3.DOC 29 3/12/2008 I 1 r 1 1 i 1 I I 3-1.07 HOLD HARMLESS AND INDEMNITY PROVISION. The Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees there against; provided, however that this provisions 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 provisions shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. 3-1.08 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. Q:\pw\PWENG'A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalskontract - rev 3 DOC 30 3/12/2008 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these Special Provisions. 4.1.02 COMMENCEMENT OF WORK. The Contractor shall begin work within 15 calendar days after receiving notice that the contract has been awarded by the City Manager and shall diligently prosecute the same to completion with the time limits provided in the special provisions. 4-1.03 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, and scheduling of equipment, and delivery of finished product. 4-1.04 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 Manager. Such requests shall be filed with the City Clerk, addressed to the City Manager, at least twenty (20) days prior to the expiration of the Time of Performance as modified. The ruling of the City Manager shall be final and conclusive. 4-1.05 PRE -CONSTRUCTION CONFERENCE. A preconstruction 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. 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. 4-1.06 TIME OF COMPLETION. The Contractor shall prosecute and work to completion before the expiration of 20 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. 4-1.07 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. 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 working 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\PWLNG\A_CONTRACTS\2007\2007 tn-Pavement Lighted Crosswalks\contract - rev 3.DDC 31 3/12/2008 I 1 I 1 I I1 4-1.08 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 8-1.10 and 15 of the Standard Specifications. 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. 4-1.09 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 1990 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. When flagmen are used the contractor will bear the entire cost of the flagmen in lieu of the provisions stated in Section 12-2.02 of the Standard Specification. 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. 4-2. ACCEPTANCE OF CONTRACT 4-2.01 SUBSTANTIAL COMPLETION OF WORK. The Contractor shall request an inspection to determine substantial completion. The substantial completion of work is considered as for the benefit of the City that the City's facility is ready for public use. The substantial completion of work for this project is defined to include as a minimum: the completion of all work shown on the construction drawings, including but not limited to: bridge rail mounted to barrier; the street is open for regular vehicle traffic, bicyclists, and pedestrians; and all the existing street and off-street facilities have been restored to the pre -construction or better condition. If the inspection confirms that substantial completion has been obtained, the City will issue a Notice of Substantial Completion and discontinue counting working days for the project. The City will also issue a punch -list of any minor work items that must be completed prior to Final Acceptance of the contract. 4-2.02 ACCEPTANCE OF CONTRACT. When the Engineer has made the final inspection as provided in Section 5-1.13 "Final Inspection" of the Standard Specifications, including sign -off of all punch -list items, and when the Contractor has submitted a set of full size blue lines of the contract plans with all the changes to reflect "As Built" conditions, the Public Works Director will recommend that the City Manager formally accept the contract, and upon Manager acceptance, file the Notice of Completion. Immediately upon and after such acceptance by the City Manager, the contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he will not be required to perform any further work thereon, except warranty work; and the Contractor shall be relieved of his responsibility for injury to persons or property or damage to the work which occurs after the formal acceptance by the City Manager. The City will release the retention 35 days after recording the Notice of Completion. Q:\pw\PWENG'A CONTRACTS 200712007 In -Pavement Lighted Crosswalks\contract rev 9DOC 32 3/12/2008 SECTION 5. GENERAL 5-1 MISCELLANEOUS I I r I I I I 1 1 1 5-1.01 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. Attention is directed to Section 7-1.01A(2), "Prevailing Wage", of the Standard Specification. The general prevailing wage rates 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) work days following completion of the work week. 5-1.02 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 hours for this project shall be between 7:30 a.m. and 4:30 p.m. unless specifically modified in writing. 5-1.03 LABOR NONDISCRIMINATION. Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. Q rpm/ NWENGACONTRACTS\2OOT2007 In -Pavement Lighted Crosswalksrcon"ae!- rev 3.DOC 33 3/12/2008 1 1 1 I I I r 1 I 1 I 1. 1 I 5-1.04 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. 5-1.05 NOTICE OF POTENTIAL CLAIM. Section 9-1.04, "Notice of Potential Claim," of the Standard Specifications is amended to read: 9-1.04 Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9 1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4 1.03, "Changes," or Section 8 1.06, "Time of Completion," or the notice provisions in Section 5 1.116, "Differing Site Conditions," or Section 8 1.07, "Liquidated Damages," or Section 8 1.10, "Utility and Non -Highway Facilities," 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 be submitted to the Engineer prior to the time that the Contractor performs 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, occurrence, or other cause, giving rise to the potential claim. The written notice of potential claim shall be submitted on Form CEM 6201 furnished by the Department and shall be certified with reference to the. California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor believes additional compensation will or maybe due and the nature of the costs involved. Unless the amount of the potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this Section 9 1.04 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its records of the project, as deemed by the Department to be pertinent to the potential claim, available to the Department for inspection and copying. 5-1.06 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 Q:\pw\PW[NGV. CONTRACTS 7007\2007 In -Pavement Lighted Crosswalk, eontrau - rev 3DOC 34 3/12/2008 1 1 M I 1 I 1 I 1 1 1 i 1 I 1 1 1 provisions of this contract. The parties expect and hope there will be no litigation arid that any differences will be resolved amicably. 5-1.07 PAYMENT 5-1.07A GENERAL. Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07; "Payment After Acceptance," of the Standard Specifications and these Special Provisions. 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 therefore. 5-1.07B 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. 5-1.07C PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a "Monthly Progress Payment Request" in accordance with the schedule established at the pre -construction conference. Contractor shall use City's standard form for such requests and submit one original plus three (3) copies of each request. Note: No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.07D PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.07E PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications or 4-2 of the Special Provisions. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.08 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 opposing party 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 Q:\pwWWENG\A CONTRACTS'20012007 In -Pavement Lighted Croaawalks3contract- rev 3. DOC 35 3/12/2008 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. 5-1.9 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. 5-1.10 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. 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 percent (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 contractor price 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: 10% of bid price. 5-1.11 SUBCONTRACTING. Attention is directed to the provisions Section 2, "Proposal Requirements and Conditions", Section 3, "Award and Execution of Contract", elsewhere in these Special Provisions. Q'.\pwNWGNG\A CON1 ACTS\ 2007\2007 In -Pavement Lighted Crosswalks\ontract- rev 3.DOC 36 3/12/2008 I I 1 I M 1 1 I I I r 1 5-2. CONTROL OF WORK 5-2.01 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 of $89.00 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. 5-2.02 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. 5-2.03 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 worksite 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. 5-2.04 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. 5-2.05 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS. Prior to the removal of any of the existing traffic control delineation, the contractor shall take whatever action is necessary to ensure that said delineation can be accurately replaced at its previous location upon completion of base failure repair or overlay. The new delineation shall be replaced not less than three nor more than four days after installation of the overlay. If on those streets not designated to be resurfaced, the existing traffic control system is impacted by base failure repair, or other construction activities, the Contractor shall install temporary Davidson markers until the permanent traffic control system can be replaced by the contractor. The contractor shall provide temporary crosswalk markings until the permanent installation has been done. All costs to the Contractor for temporary markings and removing it shall be included in the various bid items and no additional compensation shall be made by City. Q\pwWWLNG\A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalks \ contract - rev 3.DOC 37 3/12/2008 I 1 I I I M I r I I I I I 1 I 5-2.06 SUBMITTAL REQUIREMENTS. Where required by the Specifications or by the Drawings, the Contractor shall submit descriptive information that will enable determination of whether the Contractor's proposed materials, equipment, or methods of work are in general conformance to the design concept and in compliance with the Plans and Specifications. The information to be submitted shall consist of drawings, specifications, descriptive data, certificates, samples, test results, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all, features of the materials, equipment, or method of work. Features not requiring submittals shall be specified. Substitution of material or equipment shall also meet requirements of Section 6, "Control of Materials," of the Standard Specifications. Submittal review shall be only for general conformance with the design concept and general compliance with the information given in the Plans and Specifications. It shall not include review of quantities, dimensions, coordination with the work, or construction safety precautions, all of which are the sole responsibility of the Contractor. Review of a specific item shall not indicate acceptance of an assembly of which the item is a component. The Engineer shall not be required to review and shall not be responsible for any deviations from the Plans and Specifications not clearly noted by the Contractor, nor shall the Engineer be required to review partial submissions or those for which submissions for correlated items have not been received. The Engineer shall be provided the review time as specified elsewhere in these contract documents. The review of re -submittals are to be allotted the same review time specified for the initial submittal. Where a review time is not specified, the Engineer will be provided 30 working days for review and any subsequent re - review. The Engineer shall have sole authority for determining the conformance to the specification of each item. Q ApwNWENGIA CONTRACTS@OOT2007 hi -Pavement Lighted Crosswalks\contract - rev l.DOC 38 3/12/2008 1 I I I I 1 I I I I 1 I I I 1 r i SECTION 6. (NOT USED) QApwPWENG\A CONTRACTS\200732007 In -Pavement Lighted Crosswelkskomran- rev 3. DOC 39 3/12/2008 SECTION 7. WATER POLLUTION 7-1.01 WATER POLLUTION. In compliance with the "City of San Mateo Storm Water Management and Discharge Rules and Regulations" ("Discharge Rules") the Contractor shall exercise every reasonable precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non -allowable discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on -site, concrete and concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals. Stormwater pollution control work is intended to provide prevention, control, and abatement of such stormwater pollution, and shall consist of constructing those facilities which may be contained in the Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the Engineer. At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a program to control stormwater pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution control measures which the Contractor proposes to take in connection with construction of the project. The Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board Staff Recommendations (when applicable to project): 1. Stabilize site access points to avoid tracking materials off -site; 2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15); 3. Protect adjacent properties; 4. Stabilize temporary conveyance channels and outlets; 5. Use sediment controls and filtration to remove sediment from water generated by dewatering; 6. Use proper materials and waste storage, handling, and disposal. practices; 7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices; 8. Control and prevent discharge of all potential construction -related pollutants; 9. Prepare a contingency plan in the event of unexpected rain or a control measure failure. In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch basins using. control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. The Contractor shall coordinate stormwater pollution control work with all other work done on the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until the required storm water pollution control program has been accepted. It shall be the Contractor's responsibility to train all employees and subcontractors on the approved stormwater pollution control measures. The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised stormwater pollution control program, or for any delays to the work due to the Contractor's failure to submit an acceptable stormwater pollution control program. Q\pw\PWENGW CON1RACTS\200T2007 In -Pavement Lighted Crosswalks \ contract - rev 3. DOC 40 3/12/2008 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. Q.'pwtPWENG'A CONTRACTS\20072007 In -Pavement Lighted Crosswalks \ contract - rev 3. DOC 41 3/12/2008 SECTION 8. (NOT USED) 1 1 r 1 I I I I I I I I I I I Q:\pw\PWENGU CONTRACTS\200732007 n.Pevernent Lighted Crosswalks \ contract - rcv 3.00C 42 3/12/2008 SECTION 9, DESCRIPTION OF WORK I I 1 I I I i t I 1 1 i I I The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish and install all materials, equipment, tools, labor, and incidentals necessary to complete the work. The work to be performed under this contract shall include, but not be limited to; the following: Installation of two (2) city -furnished lighted warning systems shall be performed according to the plans and specifications entitled, "IN -PAVEMENT LIGHTED CROSSWALKS — BOVET ROAD", City Project No. 465144, drawing no. 3-6-64, or these Special Provisions. Work also includes removal and replacement of existing crosswalk, wheelchair ramp, and concrete valley gutter. Q\pw\PWENG\A CONTRACTS\200712007 In -Pavement Lighted Crosswalks \ contract - rev l.DOC 43 3/12/2008 I I r I I I I 1 1 I I 1 I I I I 1 SECTION 10. CONSTRUCTION DETAILS 10-1.01 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1.05, "Order of Work;" of the Standard Specifications and these special provisions. The Contractor shall install the two (2) lighted crosswalk warning systems on Bovet Road between El Camino Real and Bore! Avenue. The Contractor shall submit a construction schedule for the Engineer to review and approve at the pre - construction meeting. 10-1.02 NON -STORM WATER DISCHARGES Non -storm water discharges shall conform to the requirements in Section 7-1.01G, "Water Pollution" of the Standard Specifications, Section 7, "Water Pollution," of these special provisions and these special provisions. Conformance with the requirements of this section shall in no way relieve the Contractor from the Contractor's responsibilities, as provided in Section 7-1.11, "Preservation of Property," and Section 7-1.12, "Responsibility for Damage," of the Standard Specifications. SPILL CONTINGENCY The Contractor shall prepare and submit to the Engineer a contingency plan for the management of spills or leaks of any materials or wastes that may impact the water quality of Seal Slough. The spill contingency plan shall be incorporated within the storm water pollution prevention plan, as specified in "Water Pollution" of these special provisions. The contingency plan shall include instructions and procedures for reporting spills, and a list of spill containment and collection materials and equipment to be maintained onsite. The contingency plan shall be reviewed and updated at least every 90 calendar days. LIQUIDS, RESIDUES AND DEBRIS The control and disposal of liquids, residues, and debris associated with the work shall be described within the program, as specified in "Water Pollution" of these special provisions. The program shall, at a minimum, depict and describe the procedural and structural methods of detaining, collecting, and disposing of all slurries, liquids, residues, and debris associated with the operations. Sufficient redundancy shall be incorporated into the procedural and structural methods such that the liquids, residues, and debris are not conveyed into or become present in drainage systems, San Francisco Bay, or other water bodies. Payment Full compensation for conforming to the above requirements for non -storm water discharges shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.03 PRESERVATION OF PROPERTY Attention is directed to Section 7-1.11, "Preservation of Property,." of the Standard Specifications and these special provisions. Q-.tpw\PWENGlA CONTRACTS\2007\2007 In -Pavement Lighted Crosswalkskontraei- rev INOC 44 3/12/2008 I I I I I I I I 1 I I I I I I I I I I 10-1.04 PROGRESS SCHEDULE Progress schedules are required for this contract and shall be submitted in conformance with the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications and these special provisions, unless otherwise authorized in writing by the Engineer. The second paragraph of Section 8-1.04, "Progress Schedule," of the Standard Specifications shall not apply. Payment - Full compensation for submittal of progress schedule shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.05 DUST CONTROL Dust control shall conform to the provisions in Section 10, "Dust Control," of the Standard Specifications and these special provisions. Dust control shall be performed at all times during the period of the contract, including nights, weekends, holidays, and any other non -working periods, regardless of cause. At anytime when dust is visibly noticeable, whether from wind, traffic, construction activity, or any other source, the Contractor shall apply dust control measures as necessary to alleviate the dust nuisance. Payment Full compensation for conforming to the above requirements for dust control shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.06 MOBILIZATION Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Standard Specifications. Payment Full compensation for mobilization shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.07 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 45 kg), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category I traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self -certification for crashworthiness of Category 1 traffic control devices. Self -certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilometer post of project limits; company name of certifying vendor, street address, city, Q'.'pw\PWENG\A CONTRACTS\2007\2007 In -Pavement Lighted CrosawaIks\comract - rev 3.DOC 45 3/12/2008 1 1 I I I I 1 I I 1 I 1 1 state and zip code; printed name, signature and title of certifying person; and an indication of which Category 1 traffic control devices will be used on the project. The Contractor may obtain a standard form for self -certification from the Engineer. Category 2 traffic control devices are defined as those items that are small and lightweight (less than 45 kg), that are not expected to produce significant vehicular velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include: barricades and portable sign supports. Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FI-IWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: http://safety.lhwa.dot.gov/fourthlevel/hardware/I isting.c fm?code=workzone. The Department maintains a secondary list at the following internet address: http://www. dot. ca. gov/hq/traffops/signtech/signde l/pdffiles. htm. Category 2 devices that have not received FHWA acceptance, and were purchased before October 1, 2000, may continue to be used until they complete their useful service life or until January 1, 2003, whichever comes first. Category 2 devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer by the start of the project. The label shall be readable. After January 1, 2003, all Category 2 devices without a label shall not be used on the project. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. Full compensation for providing self -certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category I or Category 2 traffic control devices and no additional compensation will be allowed therefore. Flagging shall conform to the requirements of Section 12-2, "Flagging," of the Standard Specifications except that the cost of furnishing all flaggers, including all necessary equipment, shall be borne entirely by the Contractor. Payment The cost of construction area traffic control devices shall be considered as included in the lump sum price paid for Construction Signs and Traffic Control, and shall include full compensation for famishing all labor, materials, tools, equipment, and incidentals. No additional compensation will be allowed therefore. 10-1.08. 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 Standard Specifications and these special provisions. Construction area signs shall be placed as necessary to warn motorists and pedestrians of construction activity adjacent to traveled areas, when construction equipment and concrete trucks are entering/exiting off local streets, and as otherwise directed by the Engineer for safety of and/or advance warning for the general public. Q:1pw\PWENGW CONTRACTSV007\2007 In -Pavement Lighted Crosswalkslcontract. rev 3DOC 46 3/12/2008 1 1 1 1 I i I I 1 1 1 The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Underground Service Alert - Northern California (USA) Telephone 1(800) 642-2444 All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. 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. . Payment The cost of construction area signs shall be considered as included in the lump sum price paid for Construction Signs and Traffic Control, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing construction area signs, including erecting or placing, maintaining (including covering and uncovering as needed), and removing when no longer needed for construction as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.09 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 Standard Specifications and to the provisions in "Public Safety" of these special provisions and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. Lane closures shall conform to the provisions in "Traffic Control System for Lane Closure" of these special provisions. The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area clear of parked vehicles. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders including any section closed topublic traffic. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, Veteran's Day, Thanksgiving Day and the day after, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor, if in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be Q9pw\PWENGW CONTRAC-rS\200712007 In -Pavement Liyhlcd Crosswalks 3contract -rev 3.DOC 47 3/12/2008 adopted by the Contractor until the Engineer has approved the deviations in writing. All other modifications will be made by contract change order. 1 1 i 1 1 1 1 1 Pedestrian access shall be provided through construction areas within the right of way by redirecting pedestrians to the other side of Bovet Road and as specified herein. At least one walkway shall be available at all times. If the Contractor's operations require the closure of one walkway; then another walkway shall be provided nearby, off the traveled roadway. Walkways shall be kept clear of obstructions. Payment Full compensation for conforming to the above requirements for maintaining traffic shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.10 CLOSURE REQUIREMENTS AND CONDITIONS Lane closures shall conform to the provisions in "Maintaining Traffic" of these special provisions and these special provisions. The term closure, as used herein, is defined as the closure of a traffic lane or lanes, including ramp or connector lanes, within a single traffic control system. CLOSURE SCHEDULE By noon Monday, the Contractor shall submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon. The Closure Schedule shall show the locations and times when the proposed closures are to be in effect. The Contractor shall use the Closure Schedule request forms furnished by the Engineer. Closure Schedules submitted to the Engineer with incomplete, unintelligible or inaccurate information will be returned for correction and resubmittal. The Contractor will be notified of disapproved closures or closures that require coordination with other parties as a condition of approval. Amendments to the Closure Schedule, including adding additional closures, shall be submitted to the Engineer, in writing, at least 3 working days in advance of a planned closure. Approval of amendments to the Closure Schedule will be at the discretion of the Engineer. The Contractor shall confirm, in writing, all scheduled closures by no later than 8:00 a.m. 3 working days prior to the date on which the closure is to be made. Approval or denial of scheduled closures will be made no later than 4:00 p.m. 2 working days prior to the date on which the closure is to be made. Closures not confirmed or approved will not be allowed. Confirmed closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the Engineer for the following working day. CONTINGENCY PLAN The Contractor shall prepare a contingency plan for reopening closures to public traffic. The Contractor shall submit the contingency plan for a given operation to the Engineer within one working day of the Engineer's request. Q.\pwNWLNG\A_CONTRACTS2007\2007 In -Pavement Lighted Crosswalkskuntmct- rev 3DOC 48 3/12/2008 1 1 I 1 1 1 1 1 I 1 I I LATE REOPENING OF CLOSURES If a closure is not reopened to public traffic by the specified time, work shall be suspended in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work," of the Standard Specifications. The Contractor shall not make any further closures until the Engineer has accepted a work plan, submitted by the Contractor, which will insure that future closures will be reopened to public traffic at the specified time. The Engineer will have 2 working days to accept or reject the Contractor's proposed work plan. The Contractor will not be entitled to any compensation for the suspension of work resulting from the late reopening of closures. COMPENSATION The Contractor shall notify the Engineer of any delay in the Contractor's operations due to the following conditions, and if, in the opinion of the Engineer, the Contractor's controlling operation is delayed or interfered with by reason of those conditions, and the Contractor's loss due to that delay could not have been avoided by rescheduling the affected closure or by judicious handling of forces, equipment and plant, the delay will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09: A. The Contractor's proposed Closure Schedule is denied and his planned closures are within the time frame allowed for closures in "Maintaining Traffic" of these special provisions, except that the Contractor will not be entitled to any compensation for amendments to the Closure Schedule that are not approved. B. The Contractor is denied a confirmed closure. Should the Engineer direct the Contractor to remove a closure prior to the time designated in the approved Closure Schedule, any delay to the Contractor's schedule due to removal of the closure will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09. Payment Full compensation for conforming to the above requirements for closure requirements and conditions shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.11 REMOVE CONCRETE Existing portland cement concrete facilities, where shown on the plans to be removed, shall be completely removed and disposed of outside the City of San Mateo in accordance with Section 7-1.13 of the Standard Specifications. Curb and gutter shall be removed to construction joints or expansion joints or saw cut edges only, as directed by the Engineer. Concrete facilities shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. Concrete sidewalk or driveway sections to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk, as required. Holes and depressions below the sub -grade of new street structural section or new sidewalk, driveway or median sub -grade shall be backfilled with compacted aggregate sub -base in accordance with the requirements of, "Aggregate Base," of these special provisions. Q.\pw\PWENG\A CONTRACTS\200732007 In -Pavement Lighted Crosswalkskontract- rev 3.DOC 49 3/12/2008 1 1 i 1 1 I Payment Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work necessary to remove concrete shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.12 AGGREGATE BASE Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. The first paragraph of Section 26-1.02A, "Class 2 Aggregate Base," of the Standard Specifications is amended by adding the following sentence: Aggregate shall be produced from commercial quality aggregate consisting of broken stone, crushed gravel, natural clean, rough -surfaced gravel and sand, or a combination thereof. The grading of aggregate for Class 2 aggregate base shall conform to the 3/4 -inch maximum grading as provided in Section 26-1.02A, "Class 2 Aggregate Base," of the Standard Specifications. Aggregate base shall be placed where shown on the plans (including placement as a base course as necessary for temporary driveway, temporary walkway, driveways, curbs, curb walls, curb ramps, sidewalks, and asphalt concrete pavement), as specified in these special provisions and as directed by the Engineer. Payment Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work necessary to place aggregate base shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.13 ASPHALT CONCRETE Asphalt concrete shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Asphalt concrete used for paving the roadway and other areas not specifically designated on the plans as place asphalt concrete (miscellaneous area) shall be Type B, meeting the 1/2" Maximum, Medium aggregate grading requirement as specified in Section 39 of the Standard Specifications. The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer in accordance with California Test 367 using the samples of aggregates furnished by the Contractor in conformance with Section 39-3.03, "Proportioning," of the Standard Specifications. Asphalt concrete used for paving driveway, parking lot and other conforms designated on the plans as place asphalt concrete (miscellaneous area), shall be Type B, meeting the 1/2 r Maximum, Medium aggregate grading requirement as specified in Section 39 of the Standard Specifications. The amount of asphalt binder used in asphalt concrete for place asphalt concrete (miscellaneous area) shall be increased one percent (1%) by mass of the aggregate over the amount of asphalt binder determined for used in asphalt concrete placed on the roadway. Asphalt concrete pavement shall be compacted to a minimum of 95 percent relative compaction. Planing of existing asphalt concrete at conforms; as shown on the plans, shall be performed in accordance with "Cold Plane Asphalt Concrete Pavement". PWENG\A CONIRACIS\200]\ZOO] In -Pavement Lighted Crosawalks3comract • rev 3.DOC 50 3/12/2008 I I I I I I I I I I I I I I I I I I The Contractor will be responsible for any damage to existing or new curbs, gutters, and driveways. Any asphalt concrete or asphaltic emulsion stains occurring during the course of this Contract will be cleaned by sandblasting, or any other method satisfactory to the Engineer. At road intersection conforms additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth transitions between the new pavement cross section and the existing crowned pavement sections. The Contractor is further advised that it will be his responsibility to assure that the existing drainage patterns are to be maintained at all locations, as indicated on the plans, or as directed by the Engineer. The Contractor's attention is directed to Paragraph 12 of Section 39-6.01; "Spreading and Compacting," of the Standard Specifications: "Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes. Longitudinal joints in all other layers shall be offset not less than 0.5 -foot alternately each side of the edges of traffic lanes." A drop of more than 0.15 -foot will not be allowed at any time between adjacent lanes open to traffic. Payment Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work necessary to pave asphalt concrete and hand rake roadway intersection conforms shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. Asphalt concrete (Type B) used for temporary facilities in order to maintain public vehicular and pedestrian traffic through the work area and to maintain access to adjacent businesses and that are not shown on the plans, shall not be measured and paid for separately but shall be considered as included in the various contract items of work as specified in "Maintaining Traffic," of these special provisions. 10-1.14 MISCELLANEOUS CONCRETE CONSTRUCTION Curbs and gutter, driveways, valley gutters, sidewalks, curb ramps, and curb walls, shall be Class B concrete and shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," and Section 90-10, "Minor Concrete," of the Standard Specifications and these special provisions, and as directed by the Engineer. Aggregate base shall conform to the requirements in Section 26, "Aggregate Bases," of the State Standard Specifications, and elsewhere in these special provisions. All sidewalk constructed adjacent to curbs shall be poured monolithic with curb unless otherwise approved in writing by the Engineer. Saw cuts shall be full depth. Expansion joints shall be placed as shown on the plans. Expansion joints shall be filled with I/ -inch thick premolded joint filler conforming to the provisions in Section 51-1.12C, "Premolded Expansion Joint Fillers," of the Standard Specifications. The joint filler shall be shaped to the cross section of the curb. r.\e CONTRACTS\xmmvo07 In -Pavement lighted Crosswalks\contract- rev 3. DOC 51 3/12/2008 Concrete for curb and gutter, sidewalk and driveway shall have 1 lb. or 1 pint of lampblack added per cubic yard of concrete mix. U 1 I 1 1 Curing of concrete curbs, gutters, sidewalks, valley gutters, curb ramps, driveways, and curb walls shall conform to the provisions in Section 90-7.01C, "Waterproof Membrane Method," of the. Standard Specifications. Payment The contract unit price paid for each miscellaneous concrete item listed in the Schedule of Bid Items (Curb & Gutter, Wheel Chair Ramp, and Concrete Valley Gutter) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing each respective item, complete in place including weakened plane joints, expansion joints, bar reinforcing steel, drill and bond dowels, detectable warning surface, curb ramp texturing, reinforcements, surface texturing and curing, and aggregate bases, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Concrete Valley Gutter will be measured and paid for by the square foot. Curb & Gutter and Wheel Chair Ramp, will be measured and paid for by the lump sum price. 10-1.15 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS Thermoplastic traffic stripes (traffic lines) and pavement markings shall conform to the provisions in Sections 84-1, "General," and 84-2, "Thermoplastic Traffic Stripes and Pavement Markings," of the Standard Specifications and these special provisions. The State Specification No. 8010-004 (Type II) for glass beads in Section 84-2.02, "Materials," of the Standard Specifications is amended to read "8010-21C-22 (Type II)." Payment The contract unit price paid for all work associated with the placement of thermoplastic traffic stripes and thermoplastic pavement markings shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and no additional compensation will be provided therefore. 10-1.16 PAVEMENT MARKERS Pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the Standard Specifications, these special provisions, the Standard Plans, and as directed by the Engineer. Paragraph 6, Section 85-1.06, Placement," of the Standard Specifications, stating that markers shall not be placed on new asphalt concrete surfacing until surfacing has been opened to public traffic for a period of not less than 14 days, shall not apply. Pavement markers shall be placed to the line and limits established by the Engineer, as shown on the plans, and the Standard Plans, All additional work necessary to establish a satisfactory line for markers shall be performed by the. Contractor, including correction of minor irregularities. 04nw\PWFNGA CONTRACTS\NNt7\2IX19En-Pavement Liebted Crosswalkskontract' rev 3.DOC 52 . 3/12/2008 1 1 1 1 1 1 1 1 1 i 1 1 1 i 1 1 1 1 At the option of the Contractor, a hot melt bituminous adhesive may be used to cement the markers to the pavement instead of the Rapid Set Type or Standard Set Type epoxy adhesive specified in Section 85-1.06, "Placement," of the Standard Specifications. Bituminous adhesive material shall conform to the following: Specification ASTM Designation Requirement Flash Point, COC, ❑F D92 550 Min. Softening Point, ❑ F D36 200 Min. Brookfield Thermosel Viscosity, Centipoise, No. 27 Spindle, 20 RPM, 4000F D4402 3,000-6,000 Penetration, dmm, 100g, 5 Seconds, 770F D5 10-20 Filler Content, percent by weight (Insoluble in 1,1,1 Trichloroethane) D2371 65-75 Filler material used in bituminous adhesive shall be Type PC, Grade III, calcium carbonate conforming to the requirements of ASTM Designation: D1199, and shall conform to the following fineness: Sieve Size Percent Passing No. 100 100 No. 200 95 No. 325 75 Bituminous adhesive shall be heated indirectly in an applicator with continuous agitation or recirculation. Bituminous adhesive shall not be heated above the maximum safe heating temperature recommended by the manufacturer and shall not be applied at temperatures greater than 425°F nor less than 375°F. Immediately after application of the adhesive, pavement markers shall be placed in position and pressure applied until firm contact is made with the pavement. Placement of pavement markers using bituminous adhesive shall conform to the requirements of the third, fourth, ninth, and tenth paragraphs in said Section 85-1.06 of the Standard Specifications, except as follows: 1. Markers shall not be placed when the pavement or air temperature is 50°F or less. 2. Blast cleaning of clean, new asphalt concrete surfaces will not be required. When bituminous adhesive is used for pavement marker placement, traffic control during placement operations shall conform to the requirements of "Maintaining Traffic" of these special provisions. The Contractor shall take all necessary precautions to protect newly installed markers from disturbance until the Engineer determines the adhesive has set sufficiently to bear traffic. Disturbed pavement markers shall be reset by the Contractor, entirely at the Contractor's expense. No separate payment will be made for the resetting of disturbed or damaged pavement markers. 1 Qipw'PWENGW CONTRACTS@007\2007 In -Pavement Lighted Crosswalks \ contract - rev 3.000 53 3/12/2008. 1 I I 1 1 I I Blue fire hydrant markers shall be placed in accordance with Caltrans Traffic Manual figure 6-48 and as directed by the Engineer. Payment Full compensation for providing all labor, materials, tools, equipment and incidentals necessary for placing pavement markers will be included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 10-1.17 CONCRETE CURB RAMPS, SIDEWALKS, CURBS & GUTTERS Concrete curb ramps, sidewalks, curbs and gutters shall be constructed of Class B concrete and shall conform to Section 73, "Concrete Curbs and Sidewalks" of the Standard Specifications, these Special Provisions, the Plans and as directed by the City Engineer. Where installation of conduit, pull boxes, foundations or other equipment may require removal of a portion of sidewalk, the existing section shall be cut to a minimum depth of one and one-half (1-1/2) inches with an abrasive type saw at the first joint or scoring line at or beyond the planned point and the entire section shall be removed. Removed concrete shall be replaced in kind. Scoring lines and expansion joints in the new curb and gutter and sidewalk shall be in accordance with he City Standard Detail 3-1-141. The removed concrete shall become the property of the Contractor and shall be disposed of outside the highway right of way in accordance with Section 7-1.13 of the Standard Specifications. Methods to prevent or reduce the discharge of pollutants and properly dispose of waste (i.e., conducting washout off -site or in designated areas, do not wash sweeping from exposed aggregate concrete or washout from trucks into the street or storm drain, etc.) shall be used by the contractor. Payment for any saw cutting and sidewalk removal/replacement necessary to accomplish the required electrical work as indicated herein, shall be considered as included in the various contract items of work and no additional compensation will be allowed therefor. All work associated with the construction of the Type C curb ramp is considered as included in the lump sum price paid for "Demolish and Construct Type C Curb Ramp" and no additional compensation will be provided therefore. 10-1.18 SAWCUT ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE. Sawcut asphalt concrete and Portland cement concrete shall conform to these Special Provisions, the Plans, and the direction of the Engineer, Existing asphalt concrete and Portland cement concrete shall be sawcut as necessary to perform the work as shown on the Plans. The Contractor's attention is directed to Sheets 2, 3 of 3 of the Plans, which indicates specific areas where sawcutting will not be allowed across the curb and gutter. In those locations, the Contractor will install the conduit/conductors by hand or by bore and jack. All sawcutting operations performed with a power -driven saw and the sawcut shall extend completely through the section. The use of pavement breakers or other devices for cutting will not be permitted. Cracked or broken sections caused by the Contractor's operations shall be removed to a line established by the Engineer and shall be replaced with new asphalt concrete or Portland cement concrete at the Contractor's expense. Q\pw\PWENG\A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalks \ convect - rev 3.DOC 54 3/12/2008 I I 1 i I I 1 1 r 1 I I M In accordance with Section 7, "Water Pollution" of these Special Provisions, when applicable, during sawcutting the Contractor shall cover or barricade catch basins using control measures such a 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 pickup 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, the Contractor shall remove slurry immediately. Full compensation for providing all labor, materials, tools, equipment and incidentals necessary for sawcutting asphalt concrete or Portland cement concrete will be included in the various contract items of work and no additional compensation will be allowed therefor. 10-2 BLANK 10-3 LIGHTED CROSSWALK AND ELECTRICAL SYSTEMS 10-3.01 DESCRIPTION. The Contractor shall install two (2) city -furnished Lighted Crosswalk Warning Systems at the existing mid -block crosswalks as shown on the plans and in conformance with these Technical Specifications. 10-3.02 DEFINITION. The Lighted Crosswalk Warning System consists of a power control unit, a controller enclosure, inset LED lighting fixtures with mounting base plates, automatic activation systems, and related equipment as necessary for a complete and operational system. 10-3.03 CONTROLLER ENCLOSURE, City -furnished controllers shall be installed on Bovet Road, adjacent to the in -pavement lighted crosswalks. The controller enclosure on Bovet Road (north) shall be pad mounted on a concrete foundation. The controller enclosures on Bovet Road (south) shall be side -mounted to the existing street light pole. 10-3.04 LED LIGHTING FIXTURES. Lighting fixtures shall be installed per manufacturer specifications and details. All installations shall be in conformance with the National Electric Code. The lighting fixtures shall be located outside of the normal vehicle wheel path whenever possible. Special care shall be taken to ensure that the lighting fixtures are properly oriented so that the light fixtures emit light in the correct direction as shown on the plans. The lighting fixture shall not extend more than 0.75 inches above the pavement. 10-3.05 LED LIGHTING FIXTURE MOUNTING BASE PLA 1 ES. The lighting fixtures shall be attached to the mounting base plates with vandal -proof stainless steel bolts. Lighting fixture mounting base plates shall be installed per manufacturer specifications and details. The lighting fixture mounting base plates shall be located outside of the normal vehicle wheel path whenever possible. Special care shall be taken to ensure that the lighting fixture mounting base plates are properly oriented so that the light fixtures emit light in the correct direction as shown on the plans, or as directed by the City Engineer. The top of the mounting base plate shall be flush or slightly below (less than 1/8") roadway surfaces. The mounting base plate shall not extend more than two inches (2") below the pavement. Mounting base plates shall be secured using two-part epoxy adhesive. Surfaces shall be clean of dirt/debris and dry. Check for proper site distance angles and level depth of base plate. The top of mounting base plate shall be free of Q:\pw\PWENG\A CONTRACTS\2007\2007 In -Pavement Lighted Crosswalks \contract rev 3➢OC 55 3/(2/2008 excess adhesive. Allow cure time as required by field condition before opening traffic lanes over recently installed base plates. Allow at least 24 hours cure time before securing signal heads to base plates in colder climates. 10-3.06 AUTOMATIC ACTIVATION BOLLARD SYSTEMS. Automatic beam interruption detection devices for automatic activation shall be installed at each crosswalk entrance zone as shown on the Plans. The optical beam sensors shall automatically activate the system upon interruption by a pedestrian passing between the bollard gates at the entrance of the crosswalk, and shall not re -activate the system upon exiting the crosswalk. Automatic activation bollard systems shall be installed per manufacturer specifications and details. 10-3.07 CONDUIT. Conduit to be installed underground shall be the rigid steel (Type 1) or rigid non- metallic (Type 3) unless otherwise specified. When rigid non-metallic conduit is placed in a trench (not in pavement or under Portland cement concrete sidewalk), after the bedding material is placed and conduit installed, the trench shall be backfilled with commercial quality concrete, containing not less than 376 pounds of cement per cubic yard, to not less than 4 inches above the conduit before additional backfill material is placed. After conductors have been installed, the ends of conduits terminating in pull boxes, and in service and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is required to be installed under pavement and existing underground facilities require special precautions, conduit shall be placed by the trenching method as provided below. At other locations where conduit is required to be installed under pavement, by jacking or drilling as provided in Section 86-2.05C, "Installation", and if delay to any vehicle will not exceed three (3) minutes, conduit may be installed by the trenching method as follows: TRENCHING INSTALLATION OF CONDUIT. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench approximately 2 inches wider than the outside diameter of the conduit to be installed. Trench shall not exceed 6 inches in width. Conduit depth shall not exceed 12 inches or conduit trade -diameter plus 10 inches; whichever is greater, except that at pull boxes the trench may be hand dug to required depth. The top of the installed conduit shall be a minimum of 9 inches below finish grade. In areas where additional pavement is to be placed, trenching installation shall be completed prior to placing final pavement layer. The outline of all areas of pavement to be removed shall be cut to a minimum depth of 3 inches with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. Where 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 Q:\pw'PWENG\A CONTRACTS\2W]\200] In -Pavement Lighted Crosswelks3contract - rev 3.DOC 56 3/12/2008 day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with commercial quality concrete, containing not less than 564 pounds of cement per cubic yard. Concrete backfill shall be placed to the pavement surface except, when the trench is in asphalt concrete pavement, the top 0.10-footshall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39- 4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method, which will produce an asphalt concrete surfacing of uniform smoothness, texture; and density. All excavated areas in the pavement shall be backfilled, except for the top 0.10 -foot, by the end of each work period. 10-3.8 CONDUCTORS. Conductors for lighting fixtures shall be stranded #14 AWG, type RHH or RI-IW-2 (Type EPR/Hypalon 600 Volt Power Cables, 90 degrees Celsius dry and 75 degrees Celsius wet). Conductors for automatic activation bollards shall be 7 wire #18 AWG signal cables with TEN insulation and PVC Jacket (Type TC, UL 1277 600 Volt Cables, 90 degrees Celsius). Conductors shall be installed either in underground conduit or in sawcuts as noted on the plans. All conductors in sawcuts shall be installed per manufacturer recommendations and details. 10-3.9 PULL BOXES. Grout shall not be placed in bottom of new or existing pull boxes. 10-3.10 FIELD TESTING. The functional test for the lighted crosswalk warning system shall consist of not less than 7 continuous days of satisfactory operation. 10-3.11 MEASUREMENT AND PAYMENT. The contract unit price paid for "Install Lighted Crosswalk Warning System" shall include all necessary equipment to install city -furnished systems as shown on the plans. All other work items, labor, materials, tools, and incidentals which may not be covered in these specifications but are necessary to complete the project per plans, specifications and all applicable standards/codes, are considered to be included in the contract unit price per each location, and no additional compensation will be allowed therefore. Q,\pw PWLNGU_CONTRACTS\2007\2007 In -Pavement Lighted Crosswalks\controct • rev 3.DOC 57 3/12/2008 1 I M I I 1 I I I I I I APPENDIX I IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD CITY PROJECT NO. 465144 AGREEMENT FOR PUBLIC IMPROVEMENT CITY OF SAN MATEO CITY MANAGER 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 , 20 RECITALS; (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore entitled: IN -PAVEMENT LIGHTED CROSSWALKS - BOVET ROAD 2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the. work above agreed to be done the sum of Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book. Q HwV WENGN CONTRACBV00]12M] In -Pavement Lighual Cruan\nalb\convan -«v 3.DIX A-1 3/12)2008 i 1 I I I 1 I I r 1 I 1 I I 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 State of California, Department of Transportation, Standard Specifications, May, 2006; the Faithful Performance Bond; and the Labor and Material Bond. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents". In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book. 4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City writtennotice 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 somecases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**)after the expiration date in effect on the date of advertisement for bids. Q9pxWWlNO\A CONTRACTSQ00T2007 In -Pavement Lighted CemmtlkekanVul- rev 31)00 A-2 ]112/2008 1 I I I I r 1 I I r 1 I I I 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. 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: 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. 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". O IyWSWENMA CONTItACTSIMI/R2001 b-P,'tm,nl LBhied CrazxwlkAc ntrrcl - rry 1.DOC A-3 3/11/2009 I I I 1 1 I I 1 I I I I I I I 9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees thereagainst; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of 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. Q:apv1PWLNCa_CONTRACTS'300T2W)In•Pavement Lighted Crs,v.alksronlnct rtv] DC A-4 3/12/2008 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 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 below. 15. Interpretation. As used herein any gender includes each other gender; the singular includes the plural and vice versa. IN WITNESS WI-IEREOF, 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: Larry A. Patterson, Director of Public Works (Typed Name of Person Signing) Qspw,WLN4w CONTRACfsVuo70007 N -Pavement Lighted Qosfwlksl[unlracl-rev] DOC A-5 3/12/2008