HomeMy Public PortalAbout2007 Citywide Striping Project- Phase 21
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CONTRACT BOOK
2007 CITYWIDE STRIPING PROJECT - PHASE II
CITY PROJECT NO. 467004-46000-7026
To be used in conjunction with
APWA-AGC Standard Specifications
for Public Works Construction
2006 Edition
MAY 2007
CITY OF SAN MATEO
Public Works Department
330 West. 20th Avenue
San Mateo, CA 94403
650/522-7300
650/522-7301 (fax)
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CONTRACT BOOK
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
CITY OF SAN MATEO, CALIFORNIA
*****
CITY COUNCIL AWARD: JUNE 18, 2007
CONTRACT DRAWINGS NO, 3-4-53 (5 sheets)
TIME OF COMPLETION: 30 Working Days
*****
CONTENTS
NOTICE INVITING SEALED PROPOSALS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDERS STATEMENT
NONCOLLUSION AFFIDAVIT
CERTIFICATION OF NON-DISCRIMINATION
CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
CERTIFICATION OF REQUIREMENT TO PAY WORKERS'
COMPENSATION
SPECIAL PROVISIONS
PART I -- GENERAL PROVISIONS
PART II -- CONSTRUCTION MATERIALS
PART III -- CONSTRUCTION METHODS
STANDARD DRAWING
APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT
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NOTICE INVITING SEALED PROPOSALS
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for
2007 Citywide Striping Project -Phase II, and other work as shown on the Contract
Drawings No. 3-4-53 and as described in this Contract Book and the APWA-AGC
Standard Specifications for Public Works Construction, 2006 Edition. The work
described requires that the bidder be licensed by the State of California as a Class A or C-
32 Contractor.
2. The Contract Book, plans and proposal forms are available at the Public Works
Department, City Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable
fee of $30.00 per set is required if picked up or $35.00 for each set if mailed. Any
questions regarding the contract documents should be directed to Mr. Andrew Wong,
Associate Engineer, at 650/522-7316, or in writing at the above address.
3. The estimated construction cost of this project is $200,000.00. This estimate is not based
on a "contractor's cost take off' of the project, but is derived from an averaging of costs
for work on similar projects in the area of which the City is aware. This figure is given to
indicate the relative order of magnitude of this project and is not intended to influence or
affect in any way the amount bid for this project.
4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made
payable to the City of San Mateo in an amount not less than ten percent (10%) of the
aggregate amount of the bid.
5. Contractor is notified that he shall comply with the requirements for Non -Discrimination
as set forth in Special Provisions SP -7-2.3 through SP -7-2.3.3.
6. Addenda issued during the time of bidding shall become a part of the documents
furnished bidders for the preparation of bids, shall be covered in the bids, and shall be
made a part of the Contract. Each bid shall include specific acknowledgement in the
space provided of receipt of all Addenda issued during the bidding period. Failure to so
acknowledge may result in the bid being rejected as not responsive. Failure of any bidder
to receive such Addenda shall not be grounds for non-compliance with the terms of the
instructions. It is the responsibility of the contractor to contact the City to determine the
existence of any and all addenda.
7. The time of completion for this contract shall be thirty (30) working days, beginning
from the date specified in the Notice to Proceed.
8. The right is reserved, as the interest of the City may require, to reject any or all bids, to
waive any informality in bids, and to accept, modify, or reject any items of the bid, or in
the case of a single bid being received to extend the acceptance date by up to thirty (30)
days with notice. The City of San Mateo is a charter City and any contract entered into is
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subject to the provisions of the City of San Mateo Charter, which may supersede certain
provisions of the Public Contract Code and other provisions of state law.
9. In general, the prevailing wage scale, as determined by the Director of Industrial
Relations of the State of California, in force on the day this bid was announced, will be
the minimum paid to all craftsmen and laborers working on this project. In some cases,
prevailing wage determinations have either a single asterisk (*) or double asterisks (**)
after the expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the
expiration date which are in effect on the date of advertisement for bids, such
determinations remain in effect for the life of the project. Prevailing wage determinations
which have double asterisks (**) after the expiration date indicate that the basic hourly
wage rate, overtime, and holiday pay rates, and employer payments to be paid for work
performed after this date have been predetermined. If work is extended past this date, the
new rate must be paid and should be incorporated in contracts the Contractor enters into.
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.
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., May 22, 2007 and they
shall be opened and read by a City Representative at saiddate and time at a public
meeting called by him.
11. Said City Representative shall report the results of the bidding to the City Council at a
later date, at which time the City Council may award the contract to the lowest
responsible bidder as so reported; or as City's interest may dictate. The City Council may
exercise its right to modify the award or to reject any or all bids. Any protests to award
of contract shall follow the procedures outlined in City Council Resolution No. 61, dated
June 7, 2004.
12. To ensure performance, City reserves the right to retain ten percent (10%) of the contract
price for 35 days after it records the Notice of Completion. However, pursuant to the
Public Contracts Code Section 22300, Contractor may substitute securities for said ten
percent (10%) retention or request that City make payments of retentions earned directly
to an escrow agent at Contractor's expense. The provisions of the Public Contracts Code
Section 22300 are hereby expressly made apart of the contract.
Dated: April 28, 2007 /S/ Jack Matthews, MAYOR
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PROPOSAL FORM
(Entire proposal to be submitted as sealed bid.)
2007 CITYWIDE STRIPING PROJECT -PHASE II.
CITY PROJECT NO. 467004-46000-7026
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 andagrees 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 APWA-AGC
Standard Specifications for Public Works Construction, 2006 Edition.
This proposal is submitted in conformance with the requirements of the APWA-AGC
Standard Specifications for Public Works Construction, 2006 Edition; and is also subject to the
terms and conditions of the attached LIST OF SUBCONTRACTORS and BIDDER'S
STATEMENT.
The work shall be paid for at the unit and/or lump sum prices shown on the attached
SCHEDULE OF BID ITEMS.
Contractor's Signature Date
Name of Company
Phone Number
Fax Number
( )
( )
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
1
Traffic Control
1
LS
$
$
2
Mobilization
1
LS
$
$
3
Storm Water Protection Plan
1
LS
$
$
4
Install "30 MPH" Pavement Legend
2
LS
$
$
5
Install 12" White Crosswalk
20000
LF
$
$
6
Install 12" Yellow Crosswalk
1400
LF
$
$
7
Install 12" Yellow High Visibility
Crosswalk
1,800
LF
$
$
8
Install "LOW XING" Pavement Legend
3
EA
$
$
9
Install "25 MPH" Pavement Legend
60
EA
$
$
10
Install "SLOW SCHOOL XING" Pavement
Legend
4
EA
$
$
11
Install "SLOW" Pavement Legend
75
EA
$
$
12
Install "PED XING" Pavement Legend
44
EA
$
$
13
Install "KEEP CLEAR" Pavement Legend
11
EA
$
$
14
Install "ONLY" Pavement Legend
3
EA
$
$
15
Install "STOP" Pavement Legend
440
EA
$
$
16
Install 12 -inch wide Stop Bar
5,000
LF
$
$
17
Install Type VI Arrow
5
EA
$
$
18
Install Type IV Arrow (Left)
107
EA
$
$
19
Install Type IV Arrow (Right)
35
EA
$
$
20
Install Type VII Arrow (Left)
18
EA
$
$
21
Install Type VII Arrow (Right)
37
EA
$
$
22
Install "Handicap" Pavement Legend
5
EA
$
$
1
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23
Install "STOP AHEAD" Pavement Legend
18
EA
$
$
24
Install "blue" Pavement Reflector
14
EA
$
$
25
Install "RAILROAD XING" Pavement
Legend
10
EA
$
$
26
Install Type VII Arrow (Thru)
25
EA
$
$
TOTAL BID
$
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SUBCONTRACTING REQUIREMENTS
AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
Each bidder acknowledges it is aware and familiar with the requirements related to subletting
and subcontracting set forth in Section 2-3 of the APWA-AGC Standard Specifications, and in
the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the
Public Contract Code of the State of California. These requirements include a provision that the
Contractor shall perform, with its own organization, contract work amounting to at least 50
percent of the contract price.
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or
offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State
of California, set forth the following:
1. Name and address of the place of business of each subcontractor who will perform work
or labor or render service to the general contractor in or about the construction of the
work or the improvement in an amount in excess of one-half (1/2) of one percent (1%) of
the general contractor's total bid or $10,000, whichever is greater.
2. The specific work and dollar amount of work that will be done by each subcontractor.
3. If no portion of the work is to be subcontracted as provided in item 1, insert the word
"none" in the space provided and sign below.
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
$
Contractor's Signature
1
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BIDDER'S STATEMENT
SHEET 1 OF 3
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
The undersigned has carefully read the APWA-AGC Standard Specifications for Public Works
Construction, 2006 Edition, and realizes that any variation or deviation from these specifications,
requirements and conditions shall be sufficient grounds for rejection of all or any part of the
work performed. Such rejected work shall be replaced entirely at the Contractor's expense, and
failure to do so within a reasonable length of time shall be sufficient reason for the withholding
of payment for any part of or all of the work and forfeiture of the Contractor's bond.
The undersigned further certifies that he is licensed by the State of California as a Class A or a
C-32 Contractor, that the license is now in force, and that the number is and the
expiration date is . Further the undersigned certifies that upon request he will
provide evidence of said license.
Pursuant to Business and Professions Code Section 7028.15 I, , declare under
penalty of perjury that the foregoing and the statements contained in the bid for the above titled
project are true and correct and that this declaration is made on this day of , 200_,
at , California.
The undersigned understands he must meet the requirements of Section SP -7-2.3, NON-
DISCRIMINATION POLICY prior to award of contract and conform to those guidelines
throughout the duration of the contract.
It is understood that the quantities set forth herein are approximate only and are to be used only
for the comparison of bids and the guidance of the bidder.
If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as
Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements
for general and automobile liability insurance, and proof of a San Mateo Business License in the
office of the City Clerk within ten (10) calendar days after the date of the award and to
commence work within five (5) days of the date specified in the notice to proceed, and to
complete the work under said contract within the specified number of working days beginning
from the date specified in the notice to proceed. Further, the undersigned agrees to insure that all
subcontractors obtain a San Mateo Business License in accordance with Section SP -2-13, SAN
MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to
keep the Business License current for the entire term of the contract.
If the unit price and the total amount named by a bidder for any item do not agree, it will be
assumed that the error was made in computing the total amount and the unit price alone will be
considered as representing the bidder's intention.
Unit prices bid must not be unbalanced.
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BIDDER'S STATEMENT
SHEET 2 OF 3
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and
understands that the City will not be responsible for any errors or omissions on the part of the
undersigned in making up this bid.
Enclosed find bond or certified check or cashier's check no, of the
Bank for Not less than ten (10) percent of this bid payable to the City
of San Mateo, California, and which is given as a guarantee that the undersigned willenter into
the contract if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days
after the date set for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST
OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A
PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR
PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please
attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL
SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE
CORPORATION WAS CHARTERED AND THE NAMES; TITLES AND BUSINESS
ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID
CORPORATION.
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BIDDER'S STATEMENT
SHEET 3OF3
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
SIGNATURES FOR BIDDER:
If INDIVIDUAL, sign below:
Signature
Date
Print name
Post Office Address
If PARTNERSHIP, sign below (show
names of non -signing partners):
Signature
Date
Name of Partner
Post Office Address
Signature Date
Name of Partner
Post Office Address (if different)
If CORPORATION, sign below (show
names of non -signing officers):
a CORPORATION
Name of State Where Chartered
Signature Date
Print name of person signing bid
Title
List names of the following officers:
PRESIDENT
SECRETARY
TREASURER
Post Office Address
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State of California
County of
NONCOLLUSION AFFIDAVIT
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
) ss.
, being first duly sworn, deposes and says that he or she is
of the party making the foregoing bid that the bid is not made in the
interest of, or on behalf of, or any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price, or of that of any other bidder, or to secure contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted
his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this affidavit.
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CERTIFICATION OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
On behalf of the bidder making this proposal, the undersigned certifies that there will be no
discrimination in employment with regard to race, color, religion, sex, disability, or national
origin; that all federal, state, local directives, and executive orders regarding non-discrimination
in employment will be complied with; and that the principle of equal opportunity in employment
will be demonstrated positively and aggressively.
BIDDER
By:
(Name and title of person making certification)
Date
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CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT. NO. 467004-46000-7026
On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined
by the Director of Industrial Relations of the State of California, in force on the day this bid was
announced, will be the minimum paid to all craftsmen and laborers working on this project. In
some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks
(**) after the expiration date.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration
date which are in effect on the date of advertisement for bids, such determinations remain in
effect for the life of the project. Prevailing wage determinations which have double asterisks
(**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay
rates, and employer payments to be paid for work performed after this date have been
predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual
scale then in force. The undersigned understands that weekly certified payrolls must be
submitted for verification.
BIDDER
By:
(Name and title of person making certification)
Date
Questions shall be addressed to:
Department of Labor Relations
Division of Labor Statistics and Research
Prevailing Wage Unit
45 Fremont Street, Suite 1160
P. O. Box 420603
San Francisco, CA 94142-0603
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CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION
(To be submitted with Proposal Form)
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
I am aware of the provisions of Section 3700 of the Labor Code that require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
BIDDER
By:
(Name and title of person making certification)
Date
1
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
The work embraced herein shall be done according to the APWA-AGC Standard Specifications
for Public Works Construction, 2006 Edition, (hereinafter referred to as the Standard
Specifications), and according to these Special Provisions. The Standard Specifications are in all
other respects incorporated into and are a part of the contract, except where they conflict with
these Special Provisions.
The Special Provisions shall govern in lieu. of conflicting provisions of the Standard
Specifications, but shall in no way nullify nonconflicting portions of the Standard Specifications.
Whenever the letters SP are used as a prefix in section numbering (e.g., SP -200-2) the sections
so designated are in these Special Provisions and refer to modifications or additions to sections
in the Standard Specifications which have the same first numbers (e.g., 200-2).
PART 1 - GENERAL PROVISIONS
SP -2-1 AWARD OF CONTRACT. The right is reserved to reject any an all proposals. The
award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements prescribed or has demonstrated, to the satisfaction of the City,
adequate good faith efforts to do so. In determining the award, careful consideration by City
shall be given to each item of bid. All bids will be compared on the basis of the Engineer's.
Estimate of the quantities of work to be done. The City reserves the right to amend or reject any
or all proposals and also to select, modify, or reject any of the bid items as City see in its best
interest. Such award, if made, will be made within 45 days after the opening of the proposals.
This period will be subject to extension for such further period as may be agreed upon in writing
between the Department and the bidder concerned. Any protests to award of contract shall
follow the procedures outlined in City Council Resolution No. 61, dated June 7, 2004.
SP -2-3 SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor
that is ineligible under Labor Code section 1777.1.
SP -2-4 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor
shall file with the agency surety bonds satisfactory to the City in the amounts and for the
purposes noted below. Bonds shall be duly executed by a responsible corporate Surety,
authorized to issue such bonds in the State of California and secured through an authorized agent
with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals.
Each bond shall be signed by both the Contractor and Surety and the signature of the authorized
agent of the Surety shall be notarized,
The Contractor shall provide two acceptable surety bonds; one for labor and materials and one
for performance.
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
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it on the work. The bond shall be maintained by the Contractor in full force and effect until the
completed work is accepted by the Agency; and until all claims for materials and labor are paid,
and shall otherwise comply with the Civil Code.
The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee
faithful performance of all work, within the time prescribed, in a manner satisfactory to the City,
and that all materials and workmanship will be free from original or latent developed defects.
SP -2-4.1 GUARANTEE. The Contractor warrants and guarantees that all material and
equipment used or furnished and all workmanship are of the type and quality specified herein..
The Contractor further guarantees that any latent fault in construction or defective material
discovered within one year after acceptance of the work shall be remedied by him without cost to
the City, upon written notice given to him. Other subsequent latent defects shall be covered by
responsibilities set forth in the law.
In the event of failure to comply with the above -mentioned conditions within a reasonable time
after notice, the City will have the defects repaired and made good at the expense of the
Contractor, who agrees to pay the costs and charges therefore immediately upon demand.
The signing of the agreement by the Contractor shall constitute execution of the above
guarantees. The Faithful Performance Bond shall remain in full effect during the guarantee
period and will not be released until the expiration of such period.
SP -2-5 PLANS AND SPECIFICATIONS. The plans for this project are as follows:
CONTRACT PLANS
Title
Drawing No.
2007 CITYWIDE STRIPING PROJECT -PHASE II
3-4-53
CITY STANDARD PLANS
Title
Drawing No.
For all striping details, see State of California Standard Plans,
Dated May 2006
A24A,A24B, A24C,
A24D, A24E
SP -2-5.4. Specifications for street lighting and traffic signals in PART 3, Section 307,
Construction Methods, of Standard Specifications for Public Works Construction, shall be
deleted and the applicable portions of Section 86 of the State of California, Business and
Transportation Agency, Department of Transportation, Standard Specifications dated July 1995
shall be used in lieu.
SP -2-6 WORK TO BE DONE. The work to be performed under this contract shall include, but
not be limited to, the following: the installation and replacement of pavement markings, legends,
and crosswalks with thermoplastic, markers replacement, providing traffic control, mobilization,
and cleaning to the extent as required in the contract documents or as directed by the engineer.
1
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Work shall consist of furnishing all labor, material, equipment, transportation, and services
necessary by these Technical Provisions and other contract documents.
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.
SP -2-6.1 EXAMINATION OF THE SITE. The bidder shall examine carefully the site of the
work contemplated, the plans and specifications, and the proposal and contract forms therefor.
The submission of a bid shall be conclusive evidence that the bidder has investigated andis
satisfied as to the conditions to be encountered, as to the character, quality and scope of work to
be performed, the quantity of materials to be furnished and as to the requirements of the
proposal, plans, specifications and contracts.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any
interpretation problems of any kind, the bidder shall note such a determination upon this bid
form. Failure to note any such determination shall be conclusive evidence of acceptance by the
bidder of the sufficiency of the plans and specifications.
SP -2-9 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost
to the contractor once only. The Contractor shall notify the City 48 hours in advance when
requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence
will be charged to the contractor at the rate set out in the City's Comprehensive Fee Schedule per
man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence.
Any appeal of this decision will be referred to the Public Works Commission. The Public Works
Commission decision will exhaust the administrative procedures for appeal.
SP -2-12 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney,
and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a
cost bill) by the prevailing party in any action or actions to enforce the provisions of this
contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial
court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or
actions. It is the intent that neither party to this contract shall have to pay the other more than
$5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
contract. The parties expect and hope there will be no litigation and that any differences will be
resolved amicably.
SP -2-13 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be
obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said
Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual
tax as follows: (1) General Contractor, $124.00; (2) all other contractors, $49.00."
SP -3-1.3 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the
payment of any additional compensation for any cause, including any act, or failure to act, by the
Engineer, or the happening of any event, thing or occurrence, unless he shall have given the
Engineer due written notice of potential claim as hereinafter specified, provided, however, that
compliance with this Section SP -3-1.3 shall not be a prerequisite as to matters within the scope
of the Protest Provision in Section 6-7, "Time of Completion," in the Standard Specifications,
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nor to any claim which is based on differences in measurements or errors of computation as to
contract quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes
additional compensation will or may be due, the nature of the costs involved, and, insofar as
possible, the amount of the potential claim. The said notice as above required must have been
given to the Engineer prior to the time that the Contractor shall have performed the work giving
rise to the potential claim for additional compensation, if based on an actor failure to act by the
Engineer, or in all other cases within 15 days after the happening of the event, thing or
occurrence giving rise to the potential claim.
It is the intention of this Section that differences between the parties arising under and by virtue
of the contract be brought to the attention of the Engineer at the earliest possible time in order
that such matters may be settled, if possible, or other appropriate action promptly taken. The
Contractor hereby agrees that he shall have no right to additional compensation for any claim
that may be based on any such act, failure to act, event, thing or occurrence for which no written
notice of potential claim as herein required was filed.
SP -3-2.1 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the
right to change the scope of this contract in order to align the contract price to the monies
available. Presently there is approximately $200,000.00 available for this project. The City shall
have full authority and discretion to determine the decrease or increase in quantities required as
well as the sub -projects that will be altered, added or deleted. The Contractor shall not be
entitled to any additional compensation or adjustment in the unit prices bid because of the
above -stated alteration of this project.
SP -3-3 EXTRA WORK. New or unforeseen work will be classified as "extra work" when the
Engineer determines that it is not covered by contract unit prices or stipulated unit prices. When
the price for the extra work cannot be agreed upon, the City will pay for the extra work based on.
the accumulation of costs as provided in Section 3-3, Extra Work, of the Standard Specifications.
The mark-ups shall be as specified below.
SP -3-3.2.2 LABOR SURCHARGE
To the actual wages as defined in Section 3-3.2.2 (a) of the Standard Specifications for Public
Works Construction, will be added a labor surcharge.
The labor surcharge compensates the contractor for statutory payroll items stipulated by various
governmental agencies. The six items included are Workers Compensation, Social Security,
Medicare, Federal Unemployment, State Unemployment and State Training Taxes. The labor
surcharge calculation for overtime work does not include workers compensation on the premium
portion of, overtime, as provided by workers compensation regulations.
The surcharge percentage to be applied to the actual wages paid as provided in Section 3.3.2.2
(a) of the Standard Specifications for Public Works construction will be 16 percent for regular
time (RT) and 14 percent for over time (OT).
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SP -3-3.2.3 MARK-UP.
A. Work by Contractor
The following percentages shall be added to the Contractor's cost and shall constitute the
mark-up for all overhead and profits:
1. Labor Surcharge (RT) 16%
2. Labor Surcharge (OT) 14%
3. Labor 25%
4. Materials 15%
5. Equipment Rental 15%
6. Other Items and Expenditures 15%
To the sum of the costs and mark-ups provided for in this subsection, one percent (1%)
shall be added as compensation for bonding.
Work by Subcontractor
When subcontractor performs all or any part of the extra work, the markup established in
SP -3-3.2.3 (a) shall be applied to subcontractor's cost as determined under 3-3.2.2. In
addition, a markup of 10 percent on first $5,000 of subcontracted portion of extra work
and 5% on the work added in excess of $5,000 of subcontracted portion of extra work
may be added by the contractor for overhead and profit.
SP -4-1.6 TRADE NAME OR EQUALS. The Contractor may supply any of the materials,
specified or offer an equivalent. The Engineer shall determine whether the material offered is
equivalent to that specified.
SP -5-1 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 5-1 of the
specifications for Public Works Construction regarding the Contractor's responsibility for
requesting utility companies' representatives to mark or otherwise indicate the location of their
respective underground installations. At least forty-eight (48) hours prior to commencing work,
the Contractor shall notify Underground Service Alert (USA) so that the various utility
companies may field -mark said installations. Once the field marks are in place, the Contractor
shall be responsible for all marked utilities damaged during construction or claims resulting from
said damage. In addition, the City shall not be responsible for any unmarked utility damaged
during construction or any claims resulting from this damage, except for damage to City of San
Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice
from USA to do so and which were not marked at the time the damage occurred.
Attention is directed to the possible existence of underground utilities not indicated on the plans
and to the possibility that underground utilities may be in a location different from that which is
indicated on the plans. The Contractor shall ascertain the exact location of undergroundutilities
whose presence is indicated on the plans, the location of their service laterals or other
appurtenances, and for existing service lateral or appurtenances of any other underground
facilities which can be inferred from the presence of visible facilities such as buildings, meters
and junction boxes prior to doing work that may damage any such facilities or interfere with their
service.
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SP -6-1.1 COMMENCEMENT OF WORK. The Contractor shall begin work within 5 calendar
days after receiving notice to proceed and shall diligently prosecute the same to completion with
the time limits provided in the special provisions.
SP -6-1,2 CONSTRUCTION SCHEDULE. The proposed construction schedule shall be
submitted by the Contractor at the pre -construction conference for review and approval by the
inspector and engineer. The schedule shall be in the form of a tabulation, chart, or graph and
shall be in sufficient detail to show the chronological relationship of all activities of the project
including, but not limited to, estimated starting and completion dates of various activities,
submittal of shop drawings to the Engineer for approval, procurement of materials, scheduling of
equipment, and delivery of finished product. The schedule shall be approved prior to the start of
any work.
SP -6-1.3 PRE -CONSTRUCTION CONFERENCE. A pre -construction conference will be held
at a location selected by the City for the purposes of review and approval of construction
schedule and to discuss construction procedures and payment schedule. The Contractor shall be
represented by his superintendent of work. The City will be represented by members of the
organization having direct control of supervision of the project. The contractor shall be required
to submit all required submittals and traffic control plans to the City for review and approval as
directed by the engineer prior to the start of any work.
SP -6-6.5 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise
between the City and the Contractor over Time of Performance as extended by the City due to an
allowed suspension of work, the Contractor may request an extension from the City Council.
Such requests shall be filed with the City Clerk, addressed to the City Council, at least twenty
(20) days prior to the expiration of the Time of Performance as modified. The ruling of the City
Council shall be final and conclusive.
SP -6-7 TIME OF COMPLETION. The Contractor shall prosecute and work to completion
before the expiration of thirty (30) working days, beginning from the date specified in the Notice
to Proceed.
The City will furnish the Contractor weekly a statement of working days remaining on the
contract.
SP -6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the
time allowed will result in damages being sustained by the City of San Mateo. Such damages
will be determined on the following basis. For each consecutive calendar day in excess of the
time specified for completion of the work (as adjusted), the Contractor shall pay to the City of
San Mateo, or have withheld from monies due it, the sum of the amount necessary to cover any
add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by the City;
e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during
delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of
San Mateo and Contractor that $250 per day is the minimum value of the costs and actual
damage caused by failure of the Contractor to complete the work within the allotted time, that
liquidated damages shall not be construed as a penalty, and that the amount calculated by the
City may be deducted from payments due the Contractor if such delay occurs.
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SP -6-11 MEDIATION. Should any dispute arise out of this Agreement, any party may request
a meeting between the parties to resolve the dispute. Only in the event the dispute is not
resolved as a result of such a meeting, or the 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 mediator, shall last until agreement is reached
by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SP -6-12 ARBITRATION. After mediation above, and upon agreement of the parties, any
dispute arising out of or relating to this agreement may be settled by arbitration in accordance
with the Construction Industry Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof. The costs of arbitration shall be borne equally by the parties.
SP -7-2.2.1 HOURS OF LABOR. Construction operations beyond the eight -hour normal
workday and on legal holidays may occur on occasion if approved in advance by the City. The
Contractor shall notify the Deputy Director in writing twenty-four (24) hours prior to any
non -emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or
prorated portion thereof) for overtime work without written consent of the Deputy Director --
said sum to be deducted from any monies due the Contractor or paid directly to him. Normal
work day hours for this project shall be Monday through Friday between 8:00 a.m. and 5:00 p.m.
unless specifically modified in writing.
SP -7-2.3 NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all
qualified persons are to be afforded equal opportunities of employment on any public works
contract entered into with the City.
SP -7-2.3.1 LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above,
contracts for public works will be awarded only to such bidders as are determined to meet the
following qualifications of lowest responsible bidder.
The lowest responsible bidder shall be the bidder who offers to perform the work involved
according to the plans and specifications therefore for the least amount of money; provided the
bidder has the ability, capacity and, when necessary and the required State or other license..
In determining to whom the award is to be made, the awarding authority may consider, in
addition to the bid or quotation received, the experience of the bidder for the particular service
sought, the quality of work that the bidder has done, the quality of the product or materials
provided by the bidder, the ability of the bidder to complete the project in a timely manner, the
safety compliance record of the bidder, and the insurance carried by the bidder.
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SP -7-2.3.2 STANDARDS OF NON-DISCRIMINATION
A. The successful bidder and each subcontractor shall undertake action to ensure that
applicants and employees are treated fairly such that the principles of equal opportunity
in employment are demonstrated positively and aggressively during employment, without
regard to race, color, religion, sex, disability, or national origin.
B. In all advertisements for labor or other personnel or requests for employees of any nature,
the successful bidder and each subcontractor shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex or
national origin.
SP -7-2.3.3 CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any public works
contract shall sign the certification of nondiscrimination, which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and
file with the City a certificate of nondiscrimination.
SP -7-2.4 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. In
general, the prevailing wage scale, as determined by the Director of Industrial Relations of the
State of California, in force on the day this bid was announced, will be the minimum paid to all
craftsmen and laborers working on this project. In some cases, prevailing wage determinations
have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the
date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after the expiration
date which are in effect on the date of advertisement for bids, such determinations remain in
effect for the life of the project. Prevailing wage determinations which have double asterisks
(**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay
rates, and employer payments to be paid for work performed after this date have been
predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual
scale then in force.
Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly
certified payrolls for each work week from the time he starts work on the project until he
completes his -work. If he performs no work on the project during a given work week, he may
either submit a weekly payroll form with the notation, "No work performed during this work
week," or submit a letter to that effect. He should identify his initial and final payrolls by
marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than
seven (7) workdays following completion of the workweek.
SP -7-2.5 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance
with California Labor Code Section 1777.5 relating to employment of apprentices for all
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apprenticeable occupations when the contract amount exceeds $30,000 or 20 working clays or
both.
SP -7-3.1 LIABILITY INSURANCE. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. Such insurance shall include coverage for owned, hired, and
non -owned automobiles,
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
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.
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A copy of a sample endorsement for commercial general liability is on the
following page for your reference.
4 No changes in insurance may be made without the written approval of the City
Attorney's office.
5. NOTICE OF CANCELLATION: The City requires 30 days written notice of
cancellation. Additionally, the notice statement on the certificate should notinclude
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".
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SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work".
for that insured by or for you.
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.
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SP -7-3.2 HOLD HARMLESS AND INDEMNITY PROVISION. Contractor agrees (1) to hold
harmless and indemnify City of San Mateo and its officers and employees from and against any
and all claims, loss, liability, damage, and expense arising from performance of this contract,
including claims, loss, liability, damage, and expense caused or claimed to be caused by passive
negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo,
its officers or employees there against; provided, however that this provision does not apply to
claims, loss, liability, damage or expense arising from (a) the sole negligence or willful
misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further
provided, that this provision shall not affect the validity of any insurance contract, workers
compensation or agreement issued by an admitted insurer as defined by the Insurance Code.
SP -7-7 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers
and contractors, and others, have the right to operate within or adjacent to the work site to
perform work. The City of San Mateo, the Contractor, and each of such workers, contractors,
and others, shall coordinate their operations and cooperate to minimize interference.
SP -7-8.6 WATER POLLUTION CONTROL, In compliance with the "City of San Mateo
Storm Water Management and Discharge Rules and Regulations" ("Discharge Rules")
the Contractor shall exercise every reasonable precaution to prevent the discharge of any
material which is not solely stormwater (i.e., rain) to the storm drain system which
includes, but is not limited to, catch basins, drainage channels, and creeks. Non -
allowable discharges include, but are not limited to, eroded soil fromstockpiles or
disturbed earth on -site, concrete and concrete washout water, sawcut slurry, fuel, oil, and
other vehicle fluids, solid wastes, and construction chemicals.
Stormwater pollution control work is intended to provide prevention, control, and
abatement of such stormwater pollution, and shall consist of constructing those facilities
which may be contained in the Contractor's stormwater pollution control program, shown
on the plans, specified herein, or directed by the Engineer.
At the pre -construction conference the Contractor shall submit, for acceptance by the
Engineer, a program to control stormwater pollution effectively during construction of
the project. Such program shall show the schedule for the erosion control work included
in the contract, if applicable, and for all stormwater pollution control. measures which the
Contractor proposes to take in connection with construction of the project. The
Contractor shall include the following minimum actions as identified by the San
Francisco Bay Regional Water Quality Control Board (when applicable to project):
1. Stabilize site access points to avoid tracking materials off -site;
2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15);
3. Protect adjacent properties;
4. Stabilize temporary conveyance channels and outlets;
5. Use sediment controls and filtration to remove sediment from water generated by
dewatering;
6. Use proper materials and waste storage, handling, and disposal practices;
7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices;
8. Control and prevent discharge of all potential construction -related pollutants;
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9. Prepare a. contingency plan in the event of unexpected rain or a control measure
failure.
10. Protect storm drain inlets.
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 ensurethat the entire opening is covered. The Contractor shall shovel,
absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next
location or at the end of each working day, whichever is sooner. If saw cut slurry enters a
storm drain inlet, the Contractor shall remove the slurry immediately.
The Contractor shall coordinate stormwater pollution control work with all other work
done on the contract. The Contractor shall not perform any clearing and grubbing or
earthwork on the project, other than that specifically authorized in writing by the
Engineer, until the required storm water pollution control program has been accepted. It
shall be the Contractor's responsibility to train all employees and subcontractors on the
approved stormwater pollution control measures.
The City will not be liable to the Contractor for failure to accept all or any portion of an
originally submitted or revised stormwater pollution control program, or for any delays to
the work due to the Contractor's failure to submit an acceptable stormwater pollution
control program.
During construction of the project, if the stonnwater 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 bid schedule and no additional compensation shall be
made.
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SP -7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The
Contractor shall repair or replace allexisting 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.
SP -7-10.1 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of
the work, to provide for public safety and convenience by use of traffic cones, signs, lighted
barricades, lights, and flagmen as described and specified in the State of California, Department
of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance
Work Zones, 1996 Edition. (Section 360, California Vehicle Code, defines highways toinclude
streets.) The provisions of this manual will become a part of the requirements of the contract.
Construction operations shall be conducted in such a manner as to causeas 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.
SP -7-10.4.5 PERSONNEL PRO1ECTIVE EQUIPMENT. The Contractor shall be responsible
for providing personnel protective equipment necessary during the work near, at, or within City
underground utilities. The equipment used shall comply with the standard safety requirements
when handling or exposed to waste from sewer and drainage mains. Records of laboratory tests
are available upon request, and the Contractor shall be responsible for review and interpretation
of such records. No additional payment shall be made to the Contractor for providing additional
personnel protective equipment beyond the requirements of the standard procedures.
SP -9-1 MEASUREMENT OF QUANTITIES. When payment for a work item is tobe made on
a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed
weigh -master's certificate showing gross, tare and net weight of each truckload of material.
Certificates shall be delivered to the Engineer at the job site upon delivery of the material.
SP -9-3 PAYMENT
SP -9-3.1 GENERAL. Except as directed otherwise in these specifications, full compensation
for completing all of the work indicated on the plans and directed herein is considered to be
included in the contract unit prices paid for the various items of work and no separate payment
will be made therefor.
SP -9-3.1 TEN PERCENT (10%) RETENTION. To ensure performance City is entitled to retain
ten percent (10%) of the contract price for 35 days after it records the Notice of Completion.
However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute
securities for said ten percent (10%) retention or request that the City make payments of
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retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the
Public Contracts Code Section 22300 are hereby expressly made:a part of the contract.
SP -9-3.2 PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a
"Monthly Progress Payment Request" in accordance with the schedule established at the
preconstruction conference. Contractor shall use City's standard form for such requests and
submit one original plus three copies of each request.
The contract price paid for mobilization shall include full compensation for furnishing all labor,
materials, tools, and equipment necessary for mobilization as specified herein.
SP -9-3.4 MOBILIZATION. Payment for mobilization, if included as a separately stated bid
item, will be as follows:
A. When the monthly partial payment estimate of the amount earned, not including the amount
earned for mobilization, is five percent (5%) or more of the original contract amount, fifty
percent (50%) of the contract item price for mobilization or five percent (5%) of the original
contract amount, whichever is the lesser, will be included in said estimate for payment.
B. When the monthly partial payment estimate of the amount earned, not including the amount
earned for mobilization, is ten percent (10%) or more of the original contract amount, the
total amount earned for mobilization shall be seventy-five (75%) of the contract item price
for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and
said amount will be included in said estimate for payment.
C. When the monthly partial payment estimate of the amount earned, not including the amount
earned for mobilization is twenty percent (20%) or more of the original contract amount, the
total amount earned for mobilization shall be ninety-five percent (95%) of the contract item
price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser,
and said amount will be included in said estimate for payment.
D. When the monthly partial payment estimate of the amount earned, not including the amount
earned for mobilization, is fifty percent (50%) or more of the original contract amount, the
total amount earned for mobilization shall be one hundred percent (100%) of the contract
item price for mobilization or ten percent (10%) of the original contract amount, whichever is
the lesser, and said amount will be included in said estimate for payment. Any remainder
will be paid Contractor at close of the job. -
The contract priced paid for mobilization shall include full compensation for furnishing all
labor, materials, tools, and equipment necessary for mobilization as specified herein.
The maximum allowable price bid for mobilization shall be $5,000.00.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
PART II - CONSTRUCTION MATERIALS
Installation —The following work shall be performed according to the State of California,
Standard Specifications, May 2006 edition (hereinafter referred to as the State Standard
Specifications).
10-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS
10-2.01 DESCRIPTION
This work shall consist of furnishing and applying thermoplastic traffic stripes and pavement
markings, including glass beads.
10-2.02 MATERIALS
Thermoplastic traffic stripes and pavement markings shall conform to the provisions in
Section 84-1; "General", and Section 84-2, "Thermoplastic Traffic Stripes and Pavement
Markings", of the State Standard Specifications, unless otherwise noted herein.
Thermoplastic traffic stripes and pavement markings, where applicable, shall conform to
the most current approved prequalified and tested signing and delineation materials and
products list maintained by the California Department of Transportation.
Thermoplastic material shall conform to the requirements of State Specification No.
8010-21C-19, and shall be of the Alkyd Thermoplastic type, manufactured by Pave -mark.
Corporation, or approved equal. All primer shall be per the manufacturer's specifications,
The State Specification No. for glass beads in Section 84-2.02, "Materials", of the State
Standard Specifications is amended to read "8010-21C-22 (Type II)". Thermoplastic
material for traffic stripes shall be applied at a minimum thickness of 0.080 inch.
Thermoplastic material for pavement legends and markings shall be applied at a
minimum thickness of 0.125 inch.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
PART III - CONSTRUCTION METHODS
10-1.01 ORDER OF WORK.
Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the
State Standard Specifications and these special provisions,
10-1.02 COOPERATION.
Attention is directed to Sections 7-1.14, "Cooperation," and 8-1.10, "Utility and Non -
Highway Facilities," of the State Standard Specifications and these special provisions.
The Contractor shall coordinate his operations with those contractors, utility agencies and
the City maintenance forces, performing work within these contract limits.
10-1.04 CONSTRUCTION AREA SIGNS.
Construction area signs shall be furnished, installed, maintained, and removed when no
longer required, by the Contractor, in accordance with the provisions in Section 12,
"Construction Area Traffic Control Devices," of the State Standard Specifications and
these special provisions.
As part of the traffic control submittal, the Contractor shall indicate the construction sign
locations on the plans. Exact construction area sign locations shall be as directed by the
Engineer. The Contractor shall receive no additional compensation for the relocation of
signs deemed necessary by the Engineer, should he proceed to place signs in advance of
having sign locations approved by the Engineer.
10-1.05 PAYMENT.
Full compensation for furnishing all labor, materials, tools; equipment, and incidentals
and for doing all the work involved in furnishing and installing construction area signs
(except those signs required for traffic .control system for lane closure) shall be
considered as included in the price paid per bid schedule and no additional compensation
will be allowed therefor
10-1.06 PREQUALIFIED AND TESTED SIGNING AND DELINEATION
MATERIALS
The California Department of Transportation maintains a trade name list of approved
prequalified and tested signing and delineation materials and products. Approval of
prequalified and tested products and materials shall not preclude the City Engineer from
sampling and testing any of the signing and delineation materials or products at any time.
Listing of approved prequalified and tested signing and delineation materials and
products cover the following:
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MATERIALS and PRODUCTS:
Temporary pavement markers
Striping and pavement marking tape
Pavement markers, reflective and non -reflective
Flexible Class 1 delineators and channelizers
Railing and barriers delineators
Sign sheeting and base materials
Reflective sheeting for barricades
Reflective sheeting for channelizers
Reflective sheeting for markers and delineators
Reflective sheeting for r traffic cone sleeves
Reflective sheeting for barrels and drums
None of the above listed signing and delineation materials and products shall be used in
the work unless such material or product is listed on the California Department of
Transportation List of Approved Traffic Products.
A Certificate of Compliance shall be furnished as specified in Section 6-1.07,
"Certificates of Compliance", of the State Standard Specifications for signing and
delineation materials and products. Said certificate shall also certify that the signing and
delineation material or product conforms to the prequalified testing and approval of the
California Department of Transportation, Division of Traffic Operations and was
manufactured in accordance with the approved quality control program.
10-1.07 MAINTAINING TRAFFIC
Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety,"
and 12, "Construction Area Traffic Control Devices," of the State Standard Specifications
and these special provisions. The first paragraph of Section 12-2.02, "Flagging
Costs," shall not apply. Nothing in these special provisions shall be construed as
relieving the Contractor from the responsibilities specified in Section 7-1.09.
The minimum size specified for Type II flashing arrow signs in the table following the
second paragraph of Section 12-3.03, "Flashing Arrow Signs," of the State Standard
Specifications is amended to read "36 inches by 72 inches".
In the Standard Plans, Note 10 on Standard Plan T10, Note 9 on Standard Plan T10A,
Note 5 on Standard plan T11, Note 6 on Standard Plan T12, Note 5 on standard Plan T13,
and Note 4 on Standard Plan T14 are revised to read:
All traffic cones used for night lane closures shall have reflective cone
sleeves as specified in the specifications.
The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the State
Standard Specifications are amended to read:
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During the hours of darkness traffic cones shall be affixed with reflective
cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be
visible at 1,000 feet at night under illumination of legal high beam
headlights, by persons with vision of or corrected to 20/20.
Reflective cone sleeves shall conform to the following:
1. Removable flexible reflective cone sleeves shall be fabricated •from the
reflective sheeting specified in the special provisions, have a minimum height of 13
inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves
shall not be in place during daylight hours.
2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated
from the semitransparent reflective sheeting specified in the special provisions, have a
minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of
the cone. Traffic cones with semitransparent reflective cone sleeves may be used during
daylight hours.
3. Permanently affixed double band reflective cone sleeves shall have 2 white
reflective bands. • The top band shall be 6 inches in height, placed a maximum of 4 inches
from the top ofthe cone. The lower band shall be 4 inches in height, placed 2 inches
below the bottom of the top band. Traffic cones with double band reflective cone sleeves
may be used during daylight hours.
The type of reflective cone sleeve used shall be at the option of the Contractor. Only one
type of reflective cone sleeve shall be used on the project.
Construction operations shall be conducted in such a manner as to cause as little
inconvenience as possible to abutting property owners. Convenient access to cross
streets, driveways, and buildings along the line of work shall be maintained at all times.
Contractor shall maintain access to existing businesses at all times.
Contractor shall construct, maintain, and later remove when no longer required, such
temporary facilities as may be necessary to maintain traffic flow and public access. Such
temporary facilities shall include, but are not limited to, asphalt concrete ramps,
driveways, and conforms. Compacted aggregate base material or subgrade shall not be
open to public traffic, including access to businesses, unless the Contractor has prior
written approval from the Engineer.
Full compensation for providing said pedestrian facilities shall be considered as included
in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefor.
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Full compensation for complying with the provisions in "Maintaining Traffic" shall be
considered as included in the various contract items of work and no additional
compensation will be allowed therefor.
10-1.08 TRAFFIC CONTROL SYSTEM
The traffic control system shall consist of placing temporary construction signs, closing
traffic lanes, providing temporary pavement delineation and markings, cones, markers,
barricades, lights, signs, flaggers and any other devices necessary to complete the work
shown on the plans. All components of the traffic control system shall conform to the
provisions of Section 12, "Construction Area Traffic Control Devices," of the State
Standard Specifications, the provisions of Section 4-1.09, "Traffic and Access," of the
special provisions, the provisions under "Maintaining Traffic' and "Construction Area
Signs" elsewhere in these special provisions.
The provisions in this section will not relieve the Contractor from the responsibility to
provide additional devices or take the measures as may be necessary to comply with the
provisions in Section 7-1.09, "Public Safety," of the State Standard Specifications.
The Contractor shall develop and furnish an overall Stage Construction and Traffic
Control Plan for all phases of work. The Contractor shall submit the Stage Construction
and Traffic Control Plan within FIVE (5) WORKING DAYS after the pre -construction
conference. Delays upon the part of the Contractor in submitting a Plan, in the format as
outlined in these special provisions and as directed by the Engineer, shall not constitute a
valid reason for time extensions should the Contract time elapse before completion of
said project. The Contractor is further advised that consideration for adequate review
time, as determined by the Engineer, shall be included in the work schedule.
The Stage Construction and Traffic Control Plan shall show how the Contractor will
complete all the work indicated on the plans, in conformance with the State Standard
Specifications and special provisions, while providing for passage of traffic through the
construction zone as required in Section 10-1.07, "Maintaining Traffic," of these special
provisions, including detours and temporary pavement striping and marking at each
stage. No construction site work shall commence until the Engineer has approved the
Stage Construction and Traffic Control Plan and the required signs have been installed.
If any component in the traffic control system (including but not limited to cones,
channelizers, barricades, signs, lights, pavement delineation, markers, and markings, and
temporary raised pavement markers) is damaged, displaced or ceases to operate or
function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair or replace said component to its original condition and reinstall
the component to its original location at his/her expense.
Whenever the Contractor's operations create a condition hazardous to traffic or to the
public, the Contractor shall take the necessary precautions and provide additional traffic
control measures to protect those who must pass through the work. If the Contractor
shall appear to be neglectful or negligent in providing warning or protective measures,
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the Engineer may direct attention to the existence of a hazard, and require that additional
barricades, flashers, warning and detour signs or lights be installed by the Contractor, or
additional flaggers provided. Any action or lack of action by the Engineer as provided
herein shall not relieve the Contractor from responsibility for public safety.
10-1.08A TRAFFIC CONTROL FOR PAVEMENT STRIPING
During pavement striping operations and pavement marker placement operations using
bituminous adhesive, traffic shall be controlled with temporary lane closures, in
accordance with the provisions of Section 12, "Construction Area Traffic Control
Devices," of the State Standard Specifications, or by use of an alternate traffic control
plan proposed by the Contractor. The Contractor shall not start pavement striping
operations using an alternate plan until he has submitted his plan to the Engineer and has
received written approval of said plan. Alternate traffic control plans for striping
operations shall conform to the provisions in Section 7-1.08, "Public Convenience,"
74.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the State
Standard Specifications and these special provisions.
Whenever the work causes obliteration of pavement delineation, temporary or permanent
pavement delineation shall be in place prior to opening the traveled way to public traffic.
Lane line or centerline pavement delineation shall be provided at all times for traveled
ways open to public traffic.
All work necessary, including any required lines or marks, to establish the alignment of
temporary pavement delineation shall be performed by the Contractor. Surfaces to
receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation
or other temporary pavement delineation. Temporary pavement delineation shall be
maintained until superseded or replaced with a new pattern of temporary pavement
delineation or permanent pavement delineation.
Temporary pavement markers which conflict with a new traffic pattern or which are
applied to the final layer of surfacing or existing pavement to remain in place shall be
removed when no longer required for the direction of public traffic, as determined by the
Engineer.
Nothing in these special provisions shall relieve the Contractor from his responsibilities
as provided in Section 7-1.09, "Public Safety," of the State Standard Specifications.
10-1.09 NO PARKING SIGNS
The City will provide blank, "No Parking" signs to the Contractor. The day of the week
shall be written out or properly abbreviated with 3 to 4 letters; month shall be written out
or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed
completely; the beginning and ending times shall be clearly listed on the sign.
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The signs shall be placed as needed to control the parking of cars within the construction
zone. The Contractor shall notify the City's Inspector upon posting of the parking
restrictions for a particular street
Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to
the restrictions becoming effective. The Contractor shall promptly reset or replace all
damaged or defective signs. Upon completion of work in each area, the Contractor shall
promptly and completely remove all signs and barricades.
For removal of parked vehicles not in compliance with posted signs, the Contractor shall
notify the City's Inspector not less than two hours prior to the needed removal with the
address nearest the parked vehicle, make, model, color and license number. The City
shall not be responsible for any delay or additional cost associated with the removal of
parked cars that obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is
dismissed for causes related to the Contractor's failure to perform the requirements of this
section, the Contractor shall reimburse the City for the cost of any claims associated with
the towing citation.
Construction operations shall be conducted in such a manner as to cause as little
inconvenience as possible to the abutting property owners or motoring public.
Convenient access to driveways, houses and buildings along the line of work shall be
maintained unless otherwise approved by the City in advance. The Contractor shall
request and obtain approval from the City before any lane closures are implemented.
10-1.10 MEASURMENT AND PAYMENT
Traffic control shall be measured on a lump sum basis. The contract lump sum price paid
for traffic control shall include full compensation for furnishing all labor, materials
(including signs), tools, flagmen, equipment and incidentals, and for doing all the work
involved in furnishing, placing, removing, storing, maintaining, temporary relocating,
replacing and disposing of the components of the traffic control system as shown on the
documents, as specified in the State Standard. Specifications and these Technical
Provisions, and as directed by the Engineer.
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2007 CITYWIDE STRIPING PROJECT -PHASE II
CITY PROJECT NO. 467004-46000-7026
AGREEMENT FOR PUBLIC IMPROVEMENT
CITY OF SAN MATEO
CITY COUNCIL AWARD
THIS AGREEMENT, made and entered into in the City of San Mateo, County of
San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal
corporation, hereinafter called "City," and hereinafter
called "Contractor," as of the day of , 200 .
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public
work and improvements or other matters herein provided, and execution of this contract.
(b) A notice was duly published for bids for the contract for the improvement
hereinafter described.
(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:
2007 CITYWIDE STRIPING PROJECT -PHASE II
2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the
work above agreed to be done the sum of
Said price is determined by the prices contained in Contractor's bid, and shall be paid as
described in the Contract Book. In the event work is performed or materials furnished in
addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such
work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following
documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the
Contract Book which includes the Special Provisions and Contract Drawings, Addendums
Number issued to the Contract Book, the APWA-AGC Standard Specifications for Public
Works Construction, 2006 Edition; the Faithful Performance Bond, and the Labor and Material
Bond.
All rights and obligations of City and Contractor are fully set forth and described in the
contract documents.
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All of the above -named documents are intended to cooperate, so that any work called for
in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned
in all said documents. The documents comprising the complete contract will hereinafter be
referred to as "the contract documents." In the event of any variation or discrepancy between
any portion of this agreement and any portion of the other contract documents, this agreement
shall prevail. The precedence of the remaining contract documents will be as specified in the
Contract Book.
4. Schedule. All work shall be performed in accordance with the schedule provided
pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore
provided, City shall immediately give written notice thereof to Contractor and Contractor's
sureties, and the sureties shall have the right to take over and perform the agreement, provided,
however, that if the sureties, within 5 days after giving them said notice of termination,do not
give City written notice of their intention to take over the performance thereof within 5 days after
notice to City of such election, City may take over the work and prosecute the same to
completion, by contract or by any other method it may deem advisable, for the account, and at
the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City may, without liability for so doing, take
possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to Contractor as may be on the site of the work and necessary therefore.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a
legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a
calendar week from any person employed by Contractor in the performance of such work unless
such excess work is compensated for at not less than 1-1/2 times the basic rate of pay.
Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or
mechanic employed in the execution of this contract by Contractor, or by any subcontractor for
each calendar day during which such laborer, workman or mechanic is required or permitted to
labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of
California.
7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by
the Director of Industrial Relations of the State of California, in force on the day this bid was
announced, will be the minimum paid to all craftsmen and laborers working on this project. In
some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks
(**) after the expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after
the expiration date which are in effect on the date of advertisement for bids, such determinations
remain in effect for the life of the project. Prevailing wage determinations which have double
asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and
holiday pay rates, and employer payments to be paid for work performed after this date have
been predetermined. If work is extended past this date, the new rate must be paid and should be
incorporated in contracts the Contractor enters into.
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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:
Commercial General. Liability Insurance, occurrence form, with a limit of
not less than $1,000,000 each occurrence, If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be
no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 each occurrence. Such insurance shall include coverage
for owned, hired, and non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
Include the City of San Mateo, its elected and appointed officers,
employees, and volunteers as additional insureds with respect to
this Agreement and the performance of services in this Agreement.
The coverage shall contain no special limitations on the scope of
its protection to the above -designated insureds.
ii. Be primary with respect to any insurance or self-insurance
programs of City, its officers, employees, and volunteers.
iii. Be evidenced, prior to commencement of services, by properly
executed policy endorsements in addition to a certificate of
insurance.
iv. No changes in insurance may be made without the written approval
of the City Attorney's office.
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 there against; provided, however that this provision does not apply to claims, loss,
liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of
San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision
shall not affect the validity of any insurance contract, workers compensation or agreement issued
by an admitted insurer as defined by the Insurance Code.
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
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cost bill) by prevailing party in any action or actions to enforce the provisions of this contract.
The above $5,000 limit is the total of attorney fees recoverable whether in the trial court,
appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions.
It is the intent that neither party to this contract shall have to pay the other more than $5,000 for
attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The
parties expect and hope there will be no litigation and that any differences will be resolved
amicably.
11. Mediation. Should any dispute arise out of this Agreement, any party may
request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a
request. The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the American
Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed -upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement. The
mediation process, once commenced by a meeting with the mediator, shall last until agreement is
reached by the parties but not more than 60 days, unless the maximum time is extended by the
parties.
12.. Arbitration. After mediation above, and upon agreement of the parties, any
dispute arising out of or relating to this agreement may be settled by arbitration in accordance
with the Construction Industry Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof. The costs of arbitration shall be borne equally by the parties.
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in
addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by
certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the
signature block as shown on the Bidder's Statement.
15. Interpretation.. As used herein any gender includes each other gender, the singular
includes the plural and vice versa.
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties
hereinabove named, as of the day and year first above written.
CONTRACTOR CITY OF SAN MATEO,
a municipal corporation
By:
MAYOR
ATTEST:
(Typed name of Person Signing) CITY CLERK
Wow WWENGIA_CON7RACTS\2007\2007 Citywide Striping Phase 1P2007 Striping Contract -phase 2.DOC
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STATE 04 CALIFORNIA -
MINOR YARIGTIONS IN DIMENSIONS
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NOTE. PAVEMENT MARKINGS
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NOTES:
1 i 1
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To
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1. If o messor onsin is of more should
one oro»t enowe
read "UP", .e., thefirst word be nearest the driver.
The space between wore/5 mould be at least four times
the height of the chorocters far low speed roads, but
not more than ten times the height of the characters.
The space may be reduced appropriately where there is
„mired space because of local conditions.
3. minor variations in dimensions may be accepted 0,y the Engineer
4. Portions of a letter, number Or symbol 0705 be separated by
connecting segments not to exceed 2" in width.
ORD MARKINGS
ITEM
RING
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24
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VEHICLES
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PAVEMENT MARKINGS
• WORDS
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ID PLAN
A=23
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A=24
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A=70 sa ft
NOTES:
1. If a sage consists of m than on , it should read "UP",
is., the first wo d should be nearest the driver.
V-0^ wrote Poe
-
- r 2. The space between words should be of least four tie s
A24E
N
ten
of the characters for low speed roods, but not m an en times
the height of the characters. The 6p00e may De reduced
appropriately where there is limited space because of local conditions.
3. minor varmtions in dimensions may be accepted by the Engineer.
- 4. Portions of a letter, number D tYmbal may be Separated by connecting
CROSSWALK AND LIMIT LINE segments not to exceed 2' in width.
See Note 5 -
5. ks contiguous to school nounds ore to be 1'-0" yellor
' IiM3 in place of Mite shown.
lines in
}2z --o' 6. The words "NO PARKING" pavement marking i$ to be used for porking
facilities. For typical locations of workings, see Standard Plans A904
and dhigh
n
Whites rips of T. The words "NO PARKING'', shall be painted white letters n0 less than
e
m{
}t
t
isosceles triangles 1'-0• high an contrasting background and located so that it is
visible to traffic enforcement officials.
211
A=2 as ft
oirectian STATE OF CALIFORNIA
II. I - o
i A 4w- f travel DEPARTMENT OF TRANSPORTATION
PAVEMENT MARKINGS
See NM¢a 6aMT
YIELD LINE
WORDS AND CROSSWALKS
NO SCALE
A24E