HomeMy Public PortalAbout2004 Citywide Cape Seal ProjectI
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' CONTRACT BOOK
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
JUNE 2004
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
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
CITY OF SAN MATEO, CALIFORNIA
*****
CITY COUNCIL AWARD — JULY 2004
CONTRACT DRAWINGS NO. 2-5-74 (2 sheets)
TIME OF COMPLETION: 25 Working Days
*****
CONTENTS
NOTICE INVITING SEALED PROPOSALS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDER'S STATEMENT
NONCOLLUSION AFFIDAVIT
CERTIFICATION OF NON-DISCRIMINATION
CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
CERTIFICATION OF REQUIREMENT TO PAY WORKERS'
COMPENSATION
SPECIAL PROVISIONS
PART I -- GENERAL PROVISIONS
PART II -- CONSTRUCTION MATERIALS
PART III -- CONSTRUCTION METHODS
STANDARD DRAWING
APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT
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NOTICE INVITING SEALED PROPOSALS
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for
2004 City Wide Cape Seal Project and other work as shown on the Contract Drawings
No. 2-5-74 and as described in this Contract Book, and the APWA-AGC Standard
Specifications 2003 Edition. The work described requires that the bidder be licensed by
the State of California as a Class A or C-12 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 $25.00 per set is required if picked up or $30.00 for each set if mailed. Any
questions regarding the contract documents should be directed to Andrew Wong,
Associate Engineer, at 650/522-7316, or in writing at the above address.
3. The estimated construction cost of this project is $450,000.00. 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 twenty-five (25) working days,
beginning from the date specified in the Notice to Proceed.
8. The right is reserved, as the interest of the City may require, to reject any or all bids, to
waive any informality in bids, and to accept, modify, or reject any items of the bid, or in
the case of a single bid being received to extend the acceptance date by up to thirty (30)
days with notice. The City of San Mateo is a charter City and any contract entered into is
subject to the provisions of the City of San Mateo Charter, which may supersede certain
provisions of the Public Contract Code and other provision of state law.
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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.
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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 predetcimined. If work is extended past this date, the
new rate must be paid and should be incorporated in contracts the Contractor enters into.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the
county, or counties, in which the work is to be done have been determined by the
Director of the California Department of Industrial Relations. The wages as set forth in
the General Prevailing Wage Rates for this project will be posted at the job site. It is
understood that it is the responsibility of the bidder to determine the correct scale. The
City will keep a copy of the wage scale in the City Clerk's office for the convenience of
bidders. The State Prevailing Wage Rates may also be obtained from the California
Department of Industrial Relations interne web site at http://www.dir.ca.gov. Any errors
or defects in the materials in the City Clerk's office will not excuse a bidder's failure to
comply with the actual scale then in force.
10. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th
Avenue, San Mateo, California 94403, at or before 2:00 p.m., Uune 29, 20041 and they
shall be opened and read by a City Representative at said date and time at a public
meeting called by him.
11. Said City Representative shall report the results of the bidding to the City Council at a
later date, at which time the City Council may award the contract to the lowest
responsible bidder as so reported; or as City's interest may dictate. The City Council may
exercise its right to modify the award or to reject any or all bids.
12. To ensure performance, City reserves the right to retain ten percent (10%) of the contract
price for 35 days after it records the Notice of Completion. However, pursuant to the
Public Contracts Code Section 22300, Contractor may substitute securities for said ten
percent (10%) retention or request that City make payments of retentions earned directly
to an escrow agent at Contractor's expense. The provisions of the Public Contracts Code
Section 22300 are hereby expressly made a part of the contract.
Dated: June 2, 2004 /S/ Carole Groom, MAYOR
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PROPOSAL FORM
(Entire proposal to be submitted as sealed bid.)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO.467004-7005
TO THE HONORABLE CITY COUNCIL
CITY OF SAN MATEO, CALIFORNIA
DEAR COUNCIL MEMBERS:
FOR THE TOTAL SUM OF (use figures only) computed from the unit
and/or lump sum prices shown on the attached schedule of bid items, the undersigned hereby
proposes and agrees that if this proposal is accepted he will contract with the City of San Mateo,
California, to furnish all labor, materials, tools, equipment, transportation, and all incidental
work and services required to complete all items of work shown in the contract documents. All
work shall conform to the lines, grades, and dimensions shown on said drawings and shall be
done in accordance with this Contract Book, and APWA-AGC Standard Specifications, 2003
Edition.
The work for which this proposal is submitted is for construction in conformance with the
special provisions (including the payment of not less than the State general prevailing wage
rates) the project plans described below, including the addenda thereto, the contract annexed
hereto, and also in conformance with the APWA-AGC Standard Specifications, 2003 Edition,
and the Labor Surcharge and Equipment Rental rates in effect on the date the work is
accomplished.
This proposal is also subject to the terms and conditions of the attached LIST OF
SUBCONTRACTORS and BIDDER'S STATEMENT.
ADDENDA — This proposal is submitted with respect to the changes to the contract included in
the addenda number/s
By my signature on this proposal I certify, under penalty of perjury under the laws of State of
California and United States of America, that the Non Collusion Affidavit required by Title 23
United States Code, Section 112 and Public Contract Code Section 7106 is true and correct.
The work shall be paid for at the unit and/or lump sum prices shown on the attached
SCHEDULE OF BID ITEMS.
Contractor's Signature Date
Name of Company
Phone Number
( )
Fax Number
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Bids are to be submitted for the entire work. The amount of the bid for comparison purposes
will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item,
and for each lump sum item a total for the item, all in clearly legible figures in the respective
spaces provided for that purpose. In the case of unit basis items, the amount set forth under the
"Item Total" column shall be the product of the unit price bid and the estimated quantity for the
item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit
price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or
is the same as the amount as the entry in the item total column, then the amount set forth
in the item total column for the item shall prevail and shall be divided by the estimated
quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors)• If the product of the entered unit price and the estimated quantity is
exactly off by a factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from
the entered total, the discrepancy will be resolved by using the entered unit price or item
total, whichever most closely approximates percentagewise the unit price or item total in
the City of San Mateo 's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the
bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or
otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has
only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance
in establishing any unit price or item total or lump sums. Written unit prices, item totals and
lump sums will be interpreted according to the number of digits and, if applicable, decimal
placement. Cents symbols also have no significance in establishing any unit price or item total
since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids
on lump sum items shall be item totals only; if any unit price for a lump sum item is included in
a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive
as to cover every omission, inconsistency, error or other irregularity which may occur in a bid.
Any situation not specifically provided for will be determined in the discretion of the City of San
Mateo, and that discretion will be exercised in the manner deemed by the City of San Mateo to
best protect the public interest in the prompt and economical completion of the work. The
decision of the City of San Mateo respecting the amount of a bid, or the existence or treatment of
an irregularity in a bid, shall be final.
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If this proposal shall be accepted and the undersigned shall fail to enter into the contract and
furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the
City Of San Mateo, within 8 days, not including Saturdays, Sundays and legal holidays, after the
bidder has received notice from the City of San Mateo that the contract has been awarded, the
City of San Mateo may, at its option, determine that the bidder has abandoned the contract, and
thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the
security accompanying this proposal shall operate and the same shall be the property of the City
of San Mateo.
By my signature on this proposal, as bidder, declares that the only persons or parties interested in
this proposal as principals are those named herein; that this proposal is made without collusion
with any other person, firm, or corporation; that he has carefully examined the location of the
proposed work, the annexed proposed form of contract, and the plans therein referred to; and he
proposes, and agrees if this proposal is accepted, that he will contract with the City of San
Mateo, in the form of the copy of the contract annexed hereto, to provide all necessary
machinery, tools, apparatus and other means of construction, and to do all the work and furnish
all the materials specified in the contract, in the manner and time therein prescribed, and
according to the requirements of the Engineer as therein set forth, and that he will take in full
payment therefor the following prices, as shown on the Schedule of Bid Items.
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
1
Mobilization (See SP 6-7 and SP -9-3.4)
1
LS
$
$
2
STOPPP Permit and Implementation of
BMPs
1
LS
$
$
3
Traffic Control
1
LS
$
$
4
Chip Sealing Application
75,000
SY
5
Post Chip Seal Sweeping (See 302-2.6)
1
LS
$
$
6
Temporary Traffic Striping
1
LS
$
$
7
Slurry Seal Application
75,000
SY
$
$
8
Post Shiny Seal Sweeping (See 302-4.7)
1
LS
$
$
9
Install 4" Traffic Stripes Details
5000
LF
$
$
10
Install 12" Traffic Stripes Details
1700
LF
$
$
11
Install Traffic Pavement Markings /
Legends
1100
SF
$
$
12
Install Centerline (Detail))' it
1000
LF
$
$
13
Install Blue Reflectors •
30
EA
$
$
14
Parking T's
2
EA
$
$
TOTAL BID
$
$
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SUBCONTRACTING REQUIREMENTS
AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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, 2003
Edition, 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)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
The undersigned has carefully read the APWA-AGC Standard Specifications, 2003 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 lime shall be sufficient reason for the withholding of payment for any part
of or all of the work and forfeiture of the Contractor's bond.
The undersigned further certifies that he is licensed by the State of California as a Class
Contractor, that the license is now in force, and that the number is and the expiration
date is . Further the undersigned certifies that upon request he will provide
evidence of said license.
Pursuant to Business and Professions Code Section 7028.15 I, , declare under
penalty of perjury that the foregoing and the statements contained in the bid for the above titled
project are true and correct and that this declaration is made on this _ day of , 2004,
at , California.
The undersigned understands he must meet the requirements of Section SP -7-2.3, NON-
DISCRIMINATION POLICY prior to award of contract and conform to those guidelines
throughout the duration of the contract.
It is understood that the quantities set forth herein are approximate only and are to be used only
for the comparison of bids and the guidance of the bidder.
If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as
Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements
for general and automobile liability insurance, and proof of a San Mateo Business License in the
office of the City Clerk within eight (8) days, not including Saturdays, Sundays and legal
holidays, after the bidder has received notice from the City of San Mateo that the contract has
been awarded and to commence work within five (5) days of the date specified in the notice to
proceed, and to complete the work under said contract within the specified number of working
days beginning from the date specified in the notice to proceed. Further, the undersigned agrees
to insure that all subcontractors obtain a San Mateo Business License in accordance with
Section SP -2-13, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all
subcontractors also agree to keep the Business License current for the entire term of the contract.
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)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and
understands that the City will not be responsible for any errors or omissions on the part of the.
undersigned in making up this bid.
Enclosed find bond or certified check or cashier's check no. of the
Bank for . Not less than ten (10) percent of this bid payable to the City
of San Mateo, California, and which is given as a guarantee that the undersigned will enter into
the contract if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days
after the date set for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST
OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A
PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR
PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please
attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL
SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE
CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS
ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID
CORPORATION.
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BIDDER'S STATEMENT
SHEET 3.OF 3
(To be submitted with Proposal Form)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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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NONCOLLUSION AFFIDAVIT
(To be submitted with Proposal Form)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
State of California
) ss.
County of
, being first duly sworn, deposes and says that he or she is
of the party making the foregoing bid that the bid is not made in the
interest of, or on behalf of, or any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price, or of that of any other bidder, or to secure contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted
his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this affidavit.
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CERTIFICATION OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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)
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
The work embraced herein shall be done according to the APWA-AGC Standard Specifications,
2003 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.
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
it on the work. The bond shall be maintained by the Contractor in full force and effect until the
completed work is accepted by the Agency, and until all claims for materials and labor are paid,
and shall otherwise comply with the Civil Code.
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The "Faithful Performance Bond" shall be for 100 percent of the contract price. to guarantee
faithful performance of all work, within the time prescribed, in a manner satisfactory to the City,
and that all materials and workmanship will be free from original or latent developed defects.
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.
2004 CITYWIDE CAPE SEAL PROJECT
2-5-74
STATE STANDARD PLANS for Construction of Local Streets and Roads, Dated July 2002
Title
Drawing No,
PAVEMENT MARKING SYMBOLS AND NUMERALS
A -24-C
PAVEMENT MARKINGS WORDS
A -24-D
TYPE (II) TYPE (III) ARROWS
A -24-B
DET 4 , 10 & DET 23 AND MARKER DETAILS
A -20-A
DET 30 AND MARKER DETAILS
A -20-B
DET 38, 38C, 39 AND 39A AND MARKER DETAILS
A -20-D
TYPE (I), (IV), (VI), (VII) AND BIKE LANE ARROWS
A -24-A
PAVEMENT MARKINGS WORDS AND CROSS WALK
AND LIMIT LINE
A -24-E
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SP -2-5.3 SHOP DRAWINGS AND SUBMITTALS.
TITLE
SUBSECTION
NUMBER
TITLE
SUBJECT
SUBMITTALS
DUE
1
SP 2-5.5
Plans
As -built drawings
Following
completion of work,
but prior to
acceptance of
project.
2
6-1
Construction Schedule
Construction
schedule and
commencement of
work
At pre -construction
meeting.
3
310-6.7
Informational Letter
Resident
Notification Letter
Prior to beginning
of any work at a
specific location
4
7-10.1
Traffic Control Plan
Traffic Control
At pre -construction
meeting
5
302-2.4
Emulsified Asphalt
Binder
Asphalt surfacing
6
302-2.5
Screenings
Base rock used for
Chip Seal
7
SP -7-8.6
Water Pollution
Control
Control Plan
At pre -construction
meeting.
8
302-3
Slurry Seal Emulsion
Asphalt surfacing
9
302-3
Type I Aggregate
(George Reed Table
Mountain Black)
Aggregate
10
302-2.2
Surface Preparation for
Chip Seal
Existing Striping
Plan
Prior to beginning
of any work at a
specific location.
11
302-2.6/302-4.4
Construction Methods
Sweeping
Plan
Prior to the
beginning of any
such work.
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 Department of
Transportation Standard Specifications for Construction of Local Streets and Roads, July 2002
shall be used in lieu.
SP -2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete
the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish
and install all materials, equipment, tools, labor, and incidentals necessary to complete the work.
The work to be performed under this contract shall include, but not be limited to, the following:
Work generally consists of street resurfacing by applying a Cape Seal including, removal and
replacement of traffic stripes, pavement markings and markers, street sweeping (before and after
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each Chip and Slurry Seal application), providing traffic control, providing an existing striping
plan, and mobilization to the extent as required in the contract documents. Work shall consist of
furnishing all labor, material, equipment, transportation and services necessary by these
Technical Provisions and other contract documents.
SP -2-6.1 EXAMINATION OF THE SITE. The bidder shall examine carefully the site of the
work contemplated, the plans and specifications, and the proposal and contract forms therefor.
The submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality and scope of work to
be performed, the quantity of materials to be furnished and as to the requirements of the
proposal, plans, specifications and contracts.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any
interpretation problems of any kind, the bidder shall note such a determination upon this bid
form. Failure to note any such determination shall be conclusive evidence of acceptance by the
bidder of the sufficiency of the plans and specifications.
SP -2-9 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost
to the contractor once only. The Contractor shall notify the City 48 hours in advance when
requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence
will be charged to the contractor at the rate set out in the City's Comprehensive Fee Schedule per
man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence.
Any appeal of this decision will be referred to the Public Works Commission. The Public Works
Commission decision will exhaust the administrative procedures for appeal.
SP -2-12 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney,
and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a
cost bill) by the prevailing party in any action or actions to enforce the provisions of this
contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial
court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or
actions. It is the intent that neither party to this contract shall have to pay the other more than
$5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
contract. The parties expect and hope there will be no litigation and that any differences will be
resolved amicably.
SP -2-13 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be
obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said
Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual
tax as follows: (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,
nor to any claim which is based on differences in measurements or errors of computation as to
contract quantities.
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The written notice of potential claim shall set forth the reasons for which the Contractor believes
additional compensation will or may be due, the nature of the costs involved, and, insofar as
possible, the amount of the potential claim. The said notice as above required must have been
given to the Engineer prior to the time that the Contractor shall have performed the work giving
rise to the potential claim for additional compensation, if based on an act or failure to act by the
Engineer, or in all other, cases within 15 days after the happening of the event, thing or
occurrence giving rise to the potential claim.
It is the intention of this Section that differences between the parties arising under and by virtue
of the contract be brought to the attention of the Engineer at the earliest possible time in order
that such matters may be settled, if possible, or other appropriate action promptly taken. The
Contractor hereby agrees that he shall have no right to additional compensation for any claim
that may be based on any such act, failure to act, event, thing or occurrence for which no written
notice of potential claim as herein required was filed.
SP -3-2.1 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the
right to change the scope of this contract in order to align the contract price to the monies
available. Presently there is approximately $450,000.00 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).
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%
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2. Labor Surcharge (OT) 14%
3. Labor ; 25%
4. Materials 15%
5. Equipment Rental 15%
6. Other Items and Expenditures 15%
To the sum of the costs and mark-ups provided for in this subsection, one percent (1%)
shall be added as compensation for bonding.
B. Work by Subcontractor
When subcontractor performs all or any part of the extra work, the markup established in
SP -3-3.2.3 (a) shall be applied to subcontractor's cost as determined under 3-3.2.2. In
addition, a markup of 10 percent on first $5,000 of subcontracted portion of extra work
and 5% on the work added in excess of $5,000 of subcontracted portion of extra work
may be added by the contractor for overhead and profit.
SP -5-1 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 5-1 of the
specifications for Public Works Construction regarding the Contractor's responsibility for
requesting utility companies' representatives to mark or otherwise indicate the location of their
respective underground installations. At least forty-eight (48) hours prior to commencing work,
the Contractor shall notify Underground Service Alert (USA) so that the various utility
companies may field -mark said installations. Once the field marks are in place, the Contractor
shall be responsible for all marked utilities damaged during construction or claims resulting from
said damage. In addition, the City shall not be responsible for any unmarked utility damaged
during construction or any claims resulting from this damage, except for damage to City of San
Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice
from USA to do so and which were not marked at the time the damage occurred.
Attention is directed to the possible existence of underground utilities not indicated on the plans
and to the possibility that underground utilities may be in a location different from that which is
indicated on the plans. The Contractor shall ascertain the exact location of underground utilities
whose presence is indicated on the plans, the location of their service laterals or other
appurtenances, and for existing service lateral or appurtenances of any other underground
facilities which can be inferred from the presence of visible facilities such as buildings, meters
and junction boxes prior to doing work that may damage any such facilities or interfere with their
service.
SP -6-1.1 COMMENCEMENT OF WORK. The Contractor shall begin work within five (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 OR FABRICATION AND DELIVERY SCHEDULE. After
notification of award and prior to start of any work, the Contractor shall submit to the Engineer
for approval its proposed construction or fabrication and delivery schedule. The schedule shall
be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the
chronological relationship of all activities of the project including, but not limited to, estimated
starting and completion dates of various activities, submittal of shop drawings to the Engineer
for approval, procurement of materials, scheduling of equipment, and delivery of finished
product.
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SP -6-1.3 PRE -CONSTRUCTION CONFERENCE. A pre -construction conference will be held
at a location selected by the City for the purposes of review and approval of said schedule and to
discuss construction procedures and payment schedule. The Contractor shall be represented by
both the superintendent of work and the foreman for the project. The City will be represented by
members of the organization having direct control of supervision of the project.
SP -6-6.5 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise
between the City and the Contractor over Time of Performance as extended by the City due to an
allowed suspension of work, the Contractor may request an extension from the City Council.
Such requests shall be filed with the City Clerk, addressed to the City Council, at least twenty
(20) days prior to the expiration of the Time of Performance as modified. The ruling of the City
Council shall be final and conclusive.
SP -6-7 TIME OF COMPLETION. The Contractor shall prosecute and work to completion
before the expiration of twenty-five (25) 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.
All work must be completed before September 17, 2004.
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.), and costs associated with the delay of the 2004 Citywide Cape Seal Project.
Execution of the contract under these specifications shall constitute agreement by the City of
San Mateo and Contractor that $500 per day is the minimum value of the costs and actual
damage caused by failure of the Contractor to complete the work within the allotted time, that
liquidated damages shall not be construed as a penalty, and that the amount calculated by the
City may be deducted from payments due the Contractor if such delay occurs.
SP -6-11 MEDIATION. Should any dispute arise out of this Agreement, any party may request
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
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process, once commenced by a meeting with the mediator, shall last until agreement is reached
by the parties but not more than 60 days; unless the maximum time is extended by the parties.
SP -6-12 ARBITRATION. After mediation above, and upon agreement of the parties, any
dispute arising out of or relating to this agreement may be settled by arbitration in accordance
with the Construction Industry Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof. The costs of arbitration shall be borne equally by the parties:
SP -7-2.2.1 HOURS OF LABOR. Construction operations beyond the eight -hour normal
workday and on legal holidays may occur on occasion if approved in advance by the City. The
Contractor shall notify the City Engineer in writing forty-eight (48) hours prior to any
non -emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or
prorated portion thereof) for overtime work without written consent of the City Engineer -- said
sum to be deducted from any monies due the Contractor or paid directly to him. Normal
working hours for this project shall be between 8 a.m. and 5 p.m. unless specifically modified in
writing.
The contractor must determine that each application (Chip Seal and Slurry Seal) on the
streets have set sufficiently so that they can be opened for traffic by 5:00 pm of the same
day.
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.
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.
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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
apprenticeable occupations when the contract amount exceeds $30,000 or 20 working days or
both.
SP -7-3.1 LIABILITY INSURANCE. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. Such insurance shall include coverage for owned, hired, and
non -owned automobiles.
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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.
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.
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CITY OF SAN MATEO
INSURANCE REQUIREMENTS
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General
Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal
damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it
shall apply separately or be no less than two (2) times the occurrence limit.
Prior to commencement of services, insurance coverage must be evidenced by a properly executed
policy endorsement showing that the insurance is primary with respect to any insurance or self
insurance programs of City, its officers, employees, and volunteers and
additional insured coverage in addition to a certificate of insurance (sample endorsement attached).
and it shall name "The City of San Mateo, its elective and appointed officers, employees, and
volunteers, as additional insureds."
AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Bodily and Property Damage
Combined, $1,000,000.00 aggregate. Such insurance shall include coverage for owned, hired, and
non -owned automobiles. This insurance must be primary with respect to any insurance or self
insurance programs of City, its officers, employees, and volunteers.
Prior to commencement of services, insurance coverage must be evidenced by a properly executed
policy endorsement showing that the insurance is primary with respect to any insurance or self
insurance programs of City, its officers, employees, and volunteers and
additional insured coverage in addition to a certificate of insurance.
and it shall name "The City of San Mateo, its elective and appointed officers, employees, and
volunteers, as additional insureds."
NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation.
Additionally, the notice statement on the certificate should not include the wording "endeavor to" or
"But failure to mail such notice shall impose no obligation or liability of any kind upon the company,
its agents or representatives.
To prevent delay and insure compliance with the requirements of the specifications, the insurance
certificates and endorsements must be returned to:
CITY CLERK
CITY OF SAN MATEO
330 West 20th Avenue
San Mateo, CA 94403
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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:
City of San Mateo, its elected and appointed officers, employees, and volunteers.
(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 from stockpiles or disturbed earth on -site, concrete and concrete washout water,
sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals.
Stormwater pollution control work is intended to provide prevention, control, and abatement of
such stormwater pollution, and shall consist of constructing those facilities which may be
contained in the Contractor's stormwater pollution control program, shown on the plans,
specified herein, or directed by the Engineer.
At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a
program to control stormwater pollution effectively during construction of the project. Such
program shall show the schedule for the erosion control work included in the contract, if
applicable, and for all stormwater pollution control measures which the Contractor proposes to
take in connection with construction of the project. The Contractor shall include the following
minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board
(when applicable to project):
1. Stabilize site access points to avoid tracking materials off -site;
2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15);
3. Protect adjacent properties;
4. Stabilize temporary conveyance channels and outlets;
5. Use sediment controls and filtration to remove sediment from water generated by
dewatering;
6. Use proper materials and waste storage, handling, and disposal practices;
7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices;
8. Control and prevent discharge of all potential construction -related pollutants;
9. Prepare a contingency plan in the event of unexpected rain or a control measure failure.
10. Protect storm drain inlets.
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In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch
basins using control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to
keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure
that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut
slurry and pick up all waste prior to moving to the next location or at the end of each working
day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall
remove the slurry immediately.
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The Contractor shall coordinate stormwater pollution control work with all other work done on
the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the
project, other than that specifically authorized in writing by the Engineer, until the required
storm water pollution control program has been accepted. It shall be the Contractor's
responsibility to train all employees and subcontractors on the approved stormwater pollution
control measures.
The City will not be liable to the Contractor for failure to accept all or any portion of an
originally submitted or revised stormwater pollution control program, or for any delays to the
work due to the Contractor's failure to submit an acceptable stormwater pollution control
program.
During construction of the project, if the stormwater pollution control measures being taken by
the Contractor prove inadequate to control stormwater pollution, the Engineer may direct the
Contractor to revise his operations and/or his stormwater pollution control program. If the
Contractor fails to adequately revise his operations after such direction, the Engineer may cause •
the stormwater pollution control measures to be performed by others, the costs to be deducted
from any monies due or to become due the Contractor.
The complete cleanup of all material, which is discharged from the project in violation of the
Discharge Rules, shall be the responsibility of the Contractor. Should the Contractor fail to
respond promptly and effectively to the Engineer's request for cleanup of such discharges, the
Engineer may cause the cleanup to be performed by others, the costs to be deducted from any
monies due or to become due the Contractor.
Nothing in the terms of the contract nor in the provisions in this section shall relieve the
Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and
Game Code, or other applicable statutes relating to prevention or abatement of stormwater
pollution.
The cost of creating and implementing an acceptable storm water pollution control program will
be included in the bid schedule and no additional compensation shall be made.
SP -7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The
Contractor shall repair or replace all existing improvements not designated for removal which
are damaged or removed as a result of its operation. Improvements, such as but not limited to,
curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers,
thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and
replaced to a condition equal to or better than the original condition.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall
be included in the various bid items and no additional compensation shall be made by City.
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SP -7-10.1 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of
the work, to provide for public safety and convenience by use of traffic cones, signs, lighted
barricades, lights, and flagmen as described and specified in the State of California, Department
of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance
Work Zones, 1996 Edition. (Section 360, California Vehicle Code, defines highways to include
streets.) The provisions of this manual will become a part of the requirements of the contract.
Construction operations shall be conducted in such a manner as to cause as little inconvenience
as possible to the abutting property owners or motoring public. Convenient access to driveways,
houses, and buildings along the line of work shall be maintained unless otherwise approved by
the City in advance. Contractor shall request and obtain approval from City before any lane
closures are implemented. Open excavation and ditches across a roadway shall be covered and
guarded in such a manner as to permit safe traffic flow during hours when no work is being
performed.
SP -9-1 MEASUREMENT OF QUANTITIES. When payment for a work item is to be made on
a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed
weigh -master's certificate showing gross, tare and net weight of each truckload of material.
Certificates shall be delivered to the Engineer at the job site upon delivery of the material.
SP -9-3 PAYMENT
SP -9-3.1 GENERAL. Except as directed otherwise in these specifications, full compensation
for completing all of the work indicated on the plans and directed herein is considered to be
included in the contract unit prices paid for the various items of work and no separate payment
will be made therefor.
SP -9-3.2 TEN PERCENT (10%) RETENTION. To ensure performance City is entitled to retain
ten percent (10%) of the contract price for 35 days after it records the Notice of Completion.
However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute
securities for said ten percent (10%) retention or request that the City make payments of
retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the
Public Contracts Code Section 22300 are hereby expressly made a part of the contract.
SP -9-3.3 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.
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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 10% of the Total Bid or $25,000.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
PART II - CONSTRUCTION MATERIALS
A Cape Seal shall consist of an application of asphaltic emulsion with screenings (medium chip
seal) to an existing roadway surface, followed by an application of an asphaltic emulsion (slurry
seal —Type 0.
302-2 CHIP SEAL
302-2 .1 GENERAL. A chip seal shall consist of an application of emulsified and screenings to
an existing roadway surface. Streets shall be chip sealed to the edge of the existing pavement,
excluding inverted shoulders except when shown on the Plans. Manholes, valves survey
monuments, or miscellaneous frames and covers shall not receive a chip seal. If any frame and
cover is sealed, it shall be cleaned to the satisfaction of the Engineer.
Chip seals aredefined by type, which identifies the size of aggregate and the rate of application
of the emulsified asphalt and screenings. Unless otherwise specified, a medium type chip seal
shall be applied. (See Table 302-2.1 (A))
TABLE 302-2.1 (A
Chip Seal Types
Size of Screening
Fine
''/4" X No. 10
Medium Fine
5/16" X No. 8
Medium
3/8" X No.6
Coarse
.%" X No. 4
Double
1st Application
%" X No. 4
2"d Application
'A" X No. 10
302-2.4 EMUSIFIED ASPHALT. Emulsified asphalt shall be Type CRS -2 or approved
equivalent per 203-3 and shall be applied by distributing equipment per 203-2.5 and 203-3 of the
Standard Specifications.
302-2.5 SCREENINGS. Screenings shall conform to 200-1.2.1 of the Standard Specifications.
302-2.8 MEASUREMENT AND PAYMENT. Emulsified asphalt and screenings will be paid
per square yard. Such price shall include full compensation for specified surface preparation,
removals, sweeping, and sanding if necessary, and for doing all the work involved in
construction the chip seal complete in place.
302-3 SLURRY SEAL EMULSION. Slurry seal aggregates shall be Type I (George Reed Table
Mountain Black) and shall be installed in all designated areas for slurry seal as shown on the
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ide Cape Seal Project\contract.doc 31 06/0 t/04
plans and shall be in accordance with Section 302-4, "Emulsion -Aggregate Slurry" of the
Standard Specifications, and these Special Provisions.
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Asphaltic Emulsion used for slurry seal shall be Grade PMCQS-lh cationic, or as directed by
the Engineer.
Proportioning shall conform to the provisions of Section 37-2.04 "Proportioning", of the Caltrans
Standard Specifications. Asphaltic Emulsion shall be added at a rate from 15 percent (15%) by
weight of the dry aggregate. The exact rate will be determined by the Engineer.
Aggregate, asphaltic emulsion, water and additives, including set -control agent if used, shall be
proportioned by volume utilizing the mix design approved by the Engineer. If more than one
kind of aggregate is used, the correct amount of each kind of aggregate used to produce the
required grading shall be proportioned separately, prior to adding the other materials of the
mixture, in a manner that will result in a uniform and homogeneous blend.
The completed mixture, after addition of water and any set -control agent used, shall be such that
the slurry seal mixture has proper workability and (a) will permit traffic, not controlled with pilot
cars, on the slurry seal within one hour after placement without the occurrence of bleeding,
raveling, separation or other distress, and (b) prevent development of bleeding, raveling,
separation or other distress within 15 days after placing the slurry seal.
Asphaltic emulsion shall be added at a rate within the following ranges of percent by mass of the
dry aggregate. The exact rate will be determined by the Engineer from the approved design
asphalt binder content, and the asphalt solids content of the asphaltic emulsion furnished.
Type of Aggregate Range
III 10 - 15
The Contractor shall furnish an aggregate moisture determination for every 2 hours of operation
or maintain the moisture content to within a maximum daily variation of ±0.5 percent.
The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate.
The height of the gate opening shall be readily determinable. The emulsion shall be introduced
into the mixer by a positive displacement pump. Variable rate emulsion pumps, if used, shall be
equipped with a means to seal the adjusting unit in its calibrated condition. Water shall be
introduced into the mixer through a meter registering in liters delivered.
Uniformity of distribution of asphalt will be determined by extraction tests in accordance with
California Test 310. The bitumen ratio (kilograms of asphalt per 100 kilograms of dry
aggregate) shall not vary more than 0.5 -kg of asphalt above or 0.5 -kg of asphalt below the
amount designated by the Engineer. This requirement shall apply to samples taken from any
location or operation designated by the Engineer.
The delivery rate of aggregate and emulsion per revolution of the aggregate feeder shall be
calibrated at the appropriate gate settings for each mixer -spreader truck used on the project in
accordance with California Test 109 and the requirements of these specifications.
The aggregate belt feeder shall deliver aggregate to the pugmill mixer with such volumetric
consistency that the deviation for any individual aggregate delivery rate check -run shall not
exceed 2.0 percent of the average of 3 runs of at least 3 tonnes each in duration. The emulsion
pump shall deliver emulsion to the pugmill with such volumetric consistency that the deviation
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for any individual delivery rate check -run shall be within 2.0 percent of the mathematical
average of 3 runs of at least 1900 liters each in duration.
Check -runs shall be performed for each aggregate source using a vehicle scale that has been
tested and approved in accordance with California Test 109.
The emulsion storage located immediately before theemulsion pump shall be equipped with a
device which will automatically shut down the power to the emulsion pump and aggregate belt
feeder when the level of stored emulsion is lowered.
A temperature -indicating device shall be installed in the emulsion storage tank at the pump
suction level. The device shall indicate temperature of the emulsion and shall be accurate to
±3°C.
The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the
depth of aggregate being delivered to the pugmill. The device for monitoring depth of aggregate
shall automatically shut down the power to the aggregate belt feeder whenever the depth of
aggregate is less than 70 percent of the target depth of flow. An additional device shall monitor
movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for
monitoring no flow or belt movement, as the case may be, shall automatically shut down the
power to the aggregate belt when aggregate belt movement is interrupted. The device to detect
revolutions of the belt feeder will not be required when the aggregate delivery belt is an integral
part of its drive chain.
To avoid shutdowns caused by normal fluctuations in delivery rates, a delay of 3 seconds
between sensing less than desirable storage levels of aggregate or emulsion and shutdown of the
proportioning operation will be permitted.
Placing shall conform to these Special Provisions.
302-3.1 MEASUREMENT AND PAYMENT. Asphaltic emulsion associated with the slurry seal
application will be paid per square yard. Such price shall include full compensation for specified
surface preparation, removals, and sanding if necessary, and for doing all the work involved in
construction of the slurry seal application.
302-3.2 WATER. Water when used for mixing, shall be of such quality that the asphalt will not
separate from the emulsion before the mixture is in place in the work.
310-6.1 TRAFFIC LEGENDS, STRIPING, AND PAVEMENT MARKERS. Section 84
"Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications for
Construction of Local Streets and Roads, July 2002, shall apply, except as herein modified or
supplemented. Striping "Details" shall be as described in Chapter 6, "Markings," of the State
Traffic Manual.
Pavement Markers - Attention is directed to Section 85, "Pavement Markers," of the Caltrans
Standard Specifications and these Special Provisions. Pavement markers shall be installed as
shown on plans or as directed by the Engineer. Traffic markers shall be placed according to
Caltrans Standard Plans. A blue reflector shall be installed in the center of the traffic lane
adjacent to each fire hydrant on all streets listed in this project. All work necessary to establish
satisfactory lines for markers shall be performed by the Contractor.
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Painted Traffic Stripe (2 -Coat) -_Painting traffic stripes (traffic lines) shall conform to the
provisions in Sections 84-1, "General," and 84-3, "Painted Traffic Stripes and Pavement
Markings," of the Caltrans Standard Specifications and these Special Provisions.
310-6.2 MATERIALS. Materials shall comply with the Caltrans Standard Specifications -
Section 84-3.02 "Materials".
Copies of State Specifications for traffic paint and glass beads may be obtained from the
Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, Phone 916-739-2400.
The kind of paint to be used (solvent borne or water borne) shall be determined by the Contractor
based on the time of year the paint is applied and local air pollution control regulations.
Solvent borne white and yellow paint shall be either the Fast Dry or Rapid Dry type at the option
of the Contractor. Thinning of paint will not be allowed.
Paint shall be tested prior to use or the manufacturer shall provide the Engineer with a Certificate
of Compliance in accordance with the provisions of Section 6-1.07, "Certificates of
Compliance," of the Caltrans Standard Specifications. Said certificate shall certify that the paint
complies with the specifications and that paint manufactured to the same formulation and
process has previously passed State testing. A list of manufacturers that have produced paint
meeting State Specifications is available from the Transportation Laboratory. (Material supplied
by manufacturers other than those that have manufactured approved paint will require complete
testing.)
At the option of the Contractor, STAMARK Brand Pavement Tape, Pliant Polymer Grade, as
manufactured by 3M Company, installed according to the manufacturer's specifications, may be
placed instead of painting the traffic stripes as specified herein. If pavement tape is used instead
of painted traffic stripes, the pavement tape will be measured and paid for as Painted Traffic
Stripe (2 -Coat).
310-6.3 MIXING. Mixing shall comply with Caltrans Standard Specifications -Section 84-3.03,
"Mixing"
310-6.4 APPLICATION RATE. Application rates of traffic paint beads shall be as follows:
White and Yellow Traffic Paint
Broken Stripe
First Coat
Second Coat
Solid Stripe
First Coat
Second Coat
Glass Beads
Roadway Markings
Paint
Glass Beads
Rate of Application per 4 -inch Width
4 to 5 gallons per mile
7 to 7.4 gallons per mile Glass Beads 42 pounds per mile
Rate of Application per 4 -inch Width
12 to 14 gallons per mile
16 to 18 gallons per mile
100 pounds per mile
Rate of Application
75 to 85 square feet per gallon
16 square feet per pound
310-6.5 ROADWAY MARKINGS. Roadway markings shall conform to the shapes
dimensions of the standard markings, as designated on the plans.
and
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Advance spotting of angle points, end points and other control points shall be performed by the
Contractor.
The method of paint and bead application shall be approved by the Engineer.
The second coat of paint shall be applied a minimum period of 24 hours after the application of
the first coat.
Any damage to the newly painted stripe or marking due to the failure of the Contractor to protect
his works shall be repaired by him at no additional cost.
Any overspray or tracking of fresh paint onto unpainted surfacing shall be removed by
sandblasting or other methods to the satisfaction of the Engineer.
310-6.6 PAYMENT. The contract price paid per bid schedule for all items under this section
shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals, and for doing all work involved in painting traffic stripes (regardless of the number,
widths, and patterns of individual stripes involved in each traffic stripe), including any necessary
cat tracks, dribble lines and layout work, complete in place, as shown on the Plans, as specified
in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Parking "Tees" shall be paid for at the contract price per each.
"6 -inch Solid Line and 12 -inch Solid Line" shall each be paid for at the contract price per linear
foot.
Reflective and raised pavement markers shall be paid for at the contract price per each.
Pavement legends and markings shall be paid for at the contract price per square foot.
Payment for all items under this section shall include full compensation for furnishing all traffic
control, labor, materials, tools, equipment and incidentals for doing all the work involved.
310-6.7 NO PARKING SIGNS. The City will provide blank, "No Parking" signs to the
Contractor. The day of the week shall be written out or properly abbreviated with 3 to 4 letters;
month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction
shall be listed completely; the beginning and ending times shall be clearly listed on the sign.
The signs shall be placed as needed (minimum fifty -foot (50') intervals) 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 48 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
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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. Three (3) days before the cape seal operations an informational
letter in a format approved by the Engineer specifying dates of operation shall be hand
delivered to all residents/businesses in the construction area.
310-6.8 TEMPORARY PAVEMENT DELINATION. Temporary pavement delineation shall
be furnished, placed, maintained and removed in accordance with the provisions in Section
12-3.01, "General" of the Caltrans Standard Specifications and these Technical Provisions.
Nothing in these Technical Provisions shall be construed as to reduce the minimum standards
specified in the Manual of Traffic Controls published by the Department of Transportation or as
relieving the Contractor from his responsibility as provided in Section 7-1.09, "Public Safety," of
the Caltrans Standard Specifications for Construction of Local Streets and Roads.
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.
Laneline or centerline pavement delineation shall be provided at all times for traveled ways open
to public traffic. Limit lines and crosswalks shall be provided at all times for signalized and non -
signalized intersections.
All work necessary, including any required lines or marks, to establish the Contractor shall
perform the alignment of temporary pavement delineation. 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 continuously until superseded
or replaced with a new pattern of temporary pavement delineation or permanent pavement
delineation.
Temporary pavement markers and removable traffic type tape which conflicts with a new traffic
pattern or which is 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.
Whenever lanelines and centerlines are obliterated the minimum laneline and centerline
delineation to be provided shall be temporary paint. The temporary paint shall be the same color
as the laneline or centerline the markers replaced.
310-6.9 PAYMENT. The contract price paid per bid schedule for all items under this section
shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals, and for doing all work involved in placing temporary traffic stripes (regardless of the
number, widths, and patterns of individual stripes involved in each traffic stripe), including any
necessary cat tracks, dribble lines and layout work, complete in place, as shown on the Plans, as
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specified in the Standard Specifications and these Special Provisions, and as directed by the
Engineer.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT. NO. 467004-7005
PART III - CONSTRUCTION METHODS
Installation — Installation of Cape Seal shall adhere to the following:
302-2.2 SURFACE PREPARATION FOR CHIP SEAL. All existing pavement markers,
legends, paint and thermoplastic shall be ground and disposed of by the contractor. Said removal
shall not occur sooner than 2 days prior to the day that chip sealing is performed and shall be
paid for under this item of work. Additionally, the Contractor shall provide an Existing Striping
Plan to the Inspector prior to the removal of any striping. Striping plan sheets can be as small as
8-1/2" by 11", but must include amount, type, and size. Temporary striping shall be placed to
delineate removed paint and thermoplastic as required by the Engineer. The Contractor prior to
the placement of the chip seal shall remove these line markers. The installation and removal of
temporary line markers shall be paid for under the chip seal application item of work. After the
application of chip seal and installation of temporary striping, the Engineer or Inspector shall
review each location prior to the opening of roadway to traffic.
Special care shall be taken to clean the pavement before any of the cape seal applications. The
Contractor shall provide the Engineer or Inspector with "Sweeping Schedule" prior to the
beginning of any such work. Contractor shall be responsible for sweeping the street until
sufficiently cleaned to the satisfaction of the Engineer or Inspector. This shall involve a
minimum of three passes with a power broom street sweeper (Mobile or equivalent). Water shall
not be used during street sweeping operation. Streets shall be swept from face of curb to face of
curb. Pavement missed by or inaccessible to broom sweepers shall be swept clean by other
approved methods. Contractor shall provide whatever cleaning methods necessary to remove all
dirt and loose material from the pavement.
All work shall be performed Monday through Friday from 8:00am to 2:00pm, except when the
Engineer gives prior authorization, the maximum chip seal quantity allowed per day is 35,000
square yards. The Contractor shall have all streets open to traffic by 5:00pm. The street to be
chip sealed shall be closed from the time the chips are applied until the time the Engineer
determines the slurry seal has set sufficiently to be opened to traffic.
302-2.3 APPLICATION AND SPREADING. Chip seal shall only be applied when:
1) Atmospheric temperature is above 60°F and pavement temperature is above 55°F.
2) The pavement is clean and dry.
3) Wind conditions are such that uniform emulsion coverage can be achieved.
4) Rain is not imminent.
5) Sufficient screenings shall be on hand before the emulsified asphalt is applied.
In the event that a scheduled street should become wet due to rain, fog, a water main break, or
any other reason, the street shall be re -scheduled for construction no sooner than three days after
the surface ha s dried. "No Parking" signs must be re -posted the day after the surface has dried
with the minimum 48 -hour advance warning
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Application of emulsified asphalt shall be stopped before the distributor tank is empty to assure
designated application rate.
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The application rate of emulsified asphalt shall be within the following ranges. The exact rates
will be determined by the Engineer.
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TABLE 302-2.3 (A)
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Chip Seal Types
Application Rate (gal. /sq. yard )
Fine
0.15 to 0.30
Medium Fine
0.20 to 0.35
Medium
0.30 to 0.40
Coarse
0.30 to 0.40
Double
1st Application
0.20 to 0.35
"d
2 Application
0.20 to 0.30
The distribution of emulsified asphalt shall not vary more than 15 percent transversely, nor more
than 10 percent longitudinally from the specified rate of application as determined by Calf. Test
339.
Stockpiling of screenings prior to placing will be permitted; however, any contamination
resulting during storage or from reloading operations will be cause for rejection. Stockpiling of
screenings within the right-of-way will require the approval of the Engineer.
The emulsified asphalt shall be covered with screenings before setting or "breaking" of the
emulsion occurs. Operating the chip spreader at speeds which cause the chips to roll over after
striking the bituminous covered surface will not be permitted. The speed of the distributor shall
be governed by the speed of the chip spreader.
Screenings shall be spread by means of a self-propelled chip spreader, equipped with a
mechanical device which will spread the screenings at a uniform rate over the full width of a
traffic lane in one application. The spread rate of screenings for the various types of chip seals
shall be within the following ranges. The exact rate will be determined by the Engineer.
TABLE 302-2.3 (B)
Chip Seal Types
Spread Rate (lbs. /sq. yard )
Fine
12 to 20
Medium Fine
16 to 25
Medium
20 to 30
Coarse
23 to 35
Double
1St Application
23 to 30
2"d Application
12 to 20
The spreader will be capable of reducing the aggregate spreading width to accommodate variable
widths.
Trucks for hauling screenings shall be tailgate discharge and shall be equipped with a device to
lock onto the hitch at the rear of the aggregate spreader. Haul truck shall also be compatible with
the aggregate spreader so that the dump bed will not push down on the spreader when fully
raised or have to short an apron resulting in aggregate spillage while dumping into the receiving
hopper. Screenings shall be surface damp at the time of application, but excess water on the
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aggregate surface will not be permitted. Screenings shall be redampened in the vehicles prior to
delivery to the spreader when directed by the Engineer.
All joint edges shall be sweep clean of excess screenings prior to the adjacent application of
emulsified asphalt material. Precautions shall be taken to avoid "skips" and "overlaps" at joins
and to protect the surfaces of adjacent structures from being spattered or marred. Correction of
any such defects shall be performed at the Contractor's expense. All transverse joins shall be
made by placing building paper over the ends of the previous applications, and the joining
application shall start on the building paper. The paper shall be removed and disposed of as
required by 7-8.1. The longitudinal join between adjacent applications of screenings shall
coincide with the line between designated traffic lanes.
Applications of emulsified asphalt shall be discontinued sufficiently early in the day to permit
the termination of traffic control prior to darkness.
302-2.6 FINISHING. After the screenings have been spread, any piles, ridges, or uneven
distribution shall be carefully removed to ensure against permanent ridges, bumps or depressions
in the completed surface. Additional screenings shall be spread in whatever quantities may be
required to prevent picking up by the rollers or traffic.
Initial rolling shall commence immediately following spread of screenings. The compaction of
screenings shall be accomplished by a minimum of three self-propelled, pneumatic -tired rollers
meeting the requirements of 302-5.6.1 of the Standard Specifications, except that tires shall be
inflated to 100 psi and the operating weight shall be 5,000 pounds per tire. The rolling equipment
shall maintain a distance of not more than 200 feet behind the chip spreader on the first pass. The
rollers shall operate at a maximum speed of 5 miles per hour. There shall be at least three
complete coverage's bythe pneumatic -tired rollers (one initial and two secondary) to embed
particles firmly into the emulsified asphalt.
After completion of pneumatic -tired rolling and the emulsified asphalt has broken, traffic will be
permitted to travel over the chip seal if necessary. Guide vehicles shall be used to limit traffic
speeds on the chip seal to 15 mph for a period of 2 to 4 hours as determined by the Engineer.
Sweeping shall be a multi -step operation following placement of the screenings. A power broom
shall be used to remove loose material without dislodging aggregate set in the asphalt. The initial
sweeping shall be a light brooming performed before the roadway may be opened to unguided
traffic but no sooner than 3 hours following placement, with a second sweeping completed the
day following placement. Additional sweeping shall be performed as necessary during the 5 -day
period following placement of the chip seal. If because of high temperatures or other causes there
is dislodgement of cover aggregate, sweepings shall be discontinued until such time as there will
be satisfactory retention of cover aggregate. Final sweeping shall be done and all loose aggregate
shall be removed prior to acceptance.
Within 24 hours after placement, the Contractor shall also start removing loose aggregate from
parkways, sidewalks, and intersecting streets. Both operations shall continue until all excess or
loose aggregate is removed from the roadway surface and abutting right-of-way. The aggregate
shall be disposed of outside of the City Limits by the Contractor at no cost to the Agency.
Also during this 24 hour period, a curb -to -curb street sweeping shall occur followed by another
curb -to -curb sweeping prior to the slurry seal application. The sweeping operations shall be
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accomplished without the use of gutter brooms or steel -tined brooms unless approved by the
Engineer.
Blotter material, either fine screenings or concrete sand, may be requires immediately after the
initial pass if the rollers or after sweeping and opening to traffic so as to prevent bleeding and
pickup of the aggregate.
The completed surface shall present a uniform appearance and shall be thoroughly compacted,
and free from ruts, humps, depressions, or irregularities due to an uneven distribution of
emulsified asphalt or screenings.
302-2.8 PAYMENT. Any chip seal placed outside the lines and dimensions shown on the
Project Plans, which is not authorized by the Engineer in writing, shall not be paid for and shall
be at the expense of the Contractor.
Chip seal will be measured by the square yard. The Contract unit price paid per square yard for
chip seal shall include full compensation for furnishing all labor, material, tools, equipment and
incidentals, and for doing all the work necessary to produce and place the chip seal application
complete in place as shown on the plans and as directed by the Engineer and no additional
compensation will be allowed therefore
302-4.3.1 SURFACE PREPARATION FOR SLURRY SEAL. If an approved temporary paint
was used for the temporary striping, the Contractor may complete the slurry seal application
without the removal of the temporary striping. After a minimum curing period of two (2)
calendar days, and not more than five (5) calendar days for the chip seal, the Contractor shall
begin slurry seal operations. After the application of the slurry seal, the Engineer or Inspector
shall review each location prior to the opening of roadway to traffic.
Pavement must be completely dry prior to the application of the slurry seal. In the event that a
scheduled street should become wet due to rain, fog, a water main break, or any other reason, the
street shall be re -scheduled for construction no sooner than three days after the surface has dried.
"No Parking" signs must be re -posted the day after the surface has dried with the minimum 48 -
hour advance warning.
Special care shall be taken to clean the pavement before any of the slurry seal applications. The
Contractor shall provide the Engineer or Inspector with "Sweeping Schedule" prior to the
beginning of any such work. Contractor shall be responsible for sweeping the street . until
sufficiently cleaned to the satisfaction of the Engineer or Inspector. This shall involve a
minimum of three passes with a power broom street sweeper (Mobile or equivalent). Water shall
not be used during street sweeping operation. Streets shall be swept from face of curb to face of
curb. Pavement missed by or inaccessible to broom sweepers shall be swept clean by other
approved methods. Contractor shall provide whatever cleaning methods necessary to remove all
dirt and loose material from the pavement.
The Engineer reserves the right to cease work due to unfavorable field conditions or material
performance at no cost to the City.
Manholes, valves, survey monuments or miscellaneous frames and covers shall not receive a seal
coat. Any frame or cover seal coated shall be cleaned to the satisfaction of the Engineer or
Inspector
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302-4.3.2 APPLYING LATEX ASPHALTIC EMULSION.
• The slurry mixture shall be uniformly spread on the existing surfacing within the rate specified
without spotting, re -handling or otherwise shifting of the mixture.
• Slurry seal shall not be placed when the atmospheric temperature is below 10°C or during
unsuitable weather.
• Before placing the slurry seal the pavement surface shall be cleaned by sweeping, flushing or
other means necessary to remove all loose particles of paving, all dirt and all other extraneous
material.
• When there is a contract item of asphaltic emulsion to be used for paint binder, the pavement
surface shall be coated with an SS or CSS grade asphaltic emulsion mixed in the proportion of
one part of emulsion to 3 parts of water. The mixture shall be applied at the approximate rate of
0.4- to 0.7-L/m2. The exact rate will be determined by the Engineer.
• Slurry seal shall be spread at a rate within the following ranges in kilograms of dry aggregate
per square meter. The exact rate will be determined by the Engineer: The completed spread shall
be within 10 percent of the rate determined by the Engineer.
Type I Aggregate Ranges
I: 4.5 - 6.5
• Longitudinal joints shall correspond with the edged of existing traffic lanes. Other patterns of
longitudinal joints may be permitted, if the patterns will not adversely affect the quality of the
finished product, as determined by the Engineer. Through traffic lanes shall be spread in full
lane width units only. Longitudinal joints, common to 2 traffic lanes, shall be butt joints with
overlaps not to exceed 75 mm. Building paper shall be placed at transverse joints, over
previously placed slurry seal, or other suitable methods shall be used to avoid double placement
of slurry seal. Hand tools shall be available in order to remove spillage. Ridges or bumps in the
finished surface will not be permitted. The mixture shall be uniform and homogeneous after
spreading on the existing surfacing and shall not show separation of the emulsion and aggregate
after setting.
• Adequate means shall be provided to protect the slurry seal from damage by traffic until such
time that the mixture has cured sufficiently so that the slurry seal will not adhere to and be
picked up by the tires of vehicles.
All work shall be performed Monday through Friday from 8:00am to 2:00pm, except when the
Engineer gives prior authorization, the maximum slurry seal quantity allowed per day is 35,000
square yards. The Contractor shall have all streets open to the public by 5:00pm. The lane to be
slurry sealed shall be closed from the time the slurry is applied until the time the Engineer
determines the slurry seal has set sufficiently to be opened to traffic.
The Contractor shall provide additional barricades at each end of the closed street. The
barricades shall be Type II and placed to completely block -off traffic from the closed road.
Barricades shall be tied together with rope and sufficiently flagged to allow the public to see that
the barricades are tied together. The street shall be totally barricaded to prevent autos onto the
wet slurry seal. This traffic control shall be in place before road treatments are applied to the
street.
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302-4.3.4 FINISHING. The Contractor will be responsible for any damage to existing curbs,
gutters, decorative crosswalks, roadway and driveways, and any asphalt concrete or asphaltic
emulsion stains, occurring during the course of this Contract. Stains will be cleaned by the
sandblasting, or any other method satisfactory to the Engineer or Inspector. The cost of repairing
this damage shall be considered as included in the contract unit price bid per square yard for
slurry seal application, and no additional compensation will be allowed therefore.
The Contractor shall conform the shiny seal to the existing manholes, gas and water valves, and
hydrant markers shall be cleaned as directed by the Engineer at the Contractors expense.
The contractor shall immediately remove any excess slurry from the gutters. A maximum of 1 to
2 inches of overlapping gutter edge with slurry is allowed. The edges of the limits of the slurry
seal application on both sides of the street shall be maintained in a neat and uniform line.
The contractor shall refrain from using fuel or solvents of any kind for cleaning tools and
equipment in such a manner as to permit spillage of diesel fuel or solvent n the pavement, curbs,
gutters, parkways or other adjoining areas.
302-4.5 PAYMENT. Any slurry seal placed outside the lines and dimensions shown on the
Project Plans, which is not authorized by the Engineer in writing, shall not be paid for and shall
be at the expense of the Contractor.
Slurry seal will be measured by the square yard. The Contract unit price paid per square yard for
slurry seal shall include full compensation for furnishing all labor, material, tools, equipment and
incidentals, and for doing all the work necessary to produce and place slurry seal application
complete in place as shown on the plans and as directed by the Engineer and no additional
compensation will be allowed therefore.
302.4.4 CONSTRUCTION SIGNAGE. "FRESH OIL", (C4), signs shall be furnished and
placed adjacent to both sides of the traveled way on each block where slurry seal applications are
being spread on a traffic lane. Additional signs shall be placed at maximum 1,000 foot intervals
and at public roads entering the slurry seal area as directed by the Engineer or Inspector.
The C4 signs shall be maintained in place at each location until final sweeping of the slurry seal
surface at that location is completed.
C4 signs shall conform to the requirements for construction area signs in Section 12,
"Construction Area Traffic Control Devices", of the Caltrans Specifications.
302-4.7 STREET SWEEPING. Sweeping shall be done in accordance with these provisions.
The sweepers shall be self-propelled vacuum, rejentitive air, or rear broom pickup, with water
spray bars to reduce dust. The Engineer shall determine which type of sweeper shall be used. If
necessary, more than one type of sweeper shall be used. Sidewinder sweepers or brooms that
wind row material and do not remove it shall not be used. A minimum of two (2) sweepers shall
be used at all times. Completion of sweeping shall be evidenced by the absence of loose chips in
gutters, driveways and sidewalks. Special attention shall be required in sweeping from the
driveways clear of loose chips. The contractor shall also be responsible for removal of all chips
from the sidewalks and other affected areas. The contractor shall provide a sufficient number of
sweepers (minimum two) to sweep all streets within 24 hours after spreading screenings (chips)
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for slurry seal coat. Prior to beginning any street sweeping operations, the Contractor shall place
"No Parking" signs forty-eight (48) hours in advance to ensure curb -to -curb sweeping at each
location.
First sweep - All streets (from face of curb to face of curb) including driveways and sidewalk
areas shall be swept within 24 hours of placing the slurry seal.
Second sweep — All streets (from face of curb to face of curb) including driveways and sidewalk
areas shall be swept 3 days after the first sweep.
Final sweep - All streets (from face of curb to face of curb) including driveways and sidewalk
areas shall be swept 5 days after the second sweep.
302-4.8 MEASURMENT AND PAYMENT. Post construction sweeping shall be measured on a
lump sum basis. The contract lump sum price paid for sweeping shall include full compensation
for furnishing all labor, materials (including posting "No Parking" 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 Caltrans Standard
Specifications and these Technical Provisions, and as directed by the Engineer and no additional
compensation thereafter.
302-4.9 PROTECTION OF FACILITIES. Utility covers, manholes, pavement markers on
designated streets and survey monument covers shall be positively protected from the application
of asphaltic emulsion. The method of protection shall be proposed by the Contractor, approved
by the Engineer and proven by performance.
The Contractor shall utilize special attention when applying asphaltic emulsion near all
decorative crosswalks. In situations where emulsion has been applied to decorative crosswalk,
then the Contractor shall pressure wash decorative crosswalk to the satisfaction of the Engineer
or Inspector. No additional payment will be made for pressure washing of decorative
crosswalks.
Prior to all operation, the Contractor shall reference all manhole covers, valve covers, street
monument covers, etc., so that they can be quickly found for cleaning, the method of referencing
the utility covers must be approved by the Engineer prior to any operations. This work shall also
include all decorative crosswalks and pavers. No additional payment will be made for
referencing City facilities.
302-4.10 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 Caltrans Standard Specifications and these Technical
Provisions, and as directed by the Engineer.
Payment for temporary pavement delineation shall be included in the contract lump sum price
paid for traffic control. No extra payment will be made for temporary pavement delineation.
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2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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 , 2004.
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:
2004 CITYWIDE CAPE SEAL PROJECT
CITY PROJECT NO. 467004-7005
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, APWA-AGC Standard Specifications, 2003 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 therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a
legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a
calendar week from any person employed by Contractor in the performance of such work unless
such excess work is compensated for at not less than 1-1/2 times the basic rate of pay.
Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or
mechanic employed in the execution of this contract by Contractor, or by any subcontractor for
each calendar day during which such laborer, workman or mechanic is required or permitted to
labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of
California.
7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by
the Director of Industrial Relations of the State of California, in force on the day this bid was
announced, will be the minimum paid to all craftsmen and laborers working on this project. In
some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks
(**) after the expiration date in effect on the date of advertisement for bids.
In cases where the prevailing wage determinations have a single asterisk (*) after
the expiration date which are in effect on the date of advertisement for bids, such determinations
remain in effect for the life of the project. Prevailing wage determinations which have double
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'soffice for the convenience of bidders. Any errors or defects
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in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the
actual scale then in force.
8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of
not less than $1,000,000 each occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be
no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 each occurrence. Such insurance shall include coverage
for owned, hired, and non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
Include the City of San Mateo, its elected and appointed officers,
employees, and volunteers as additional insureds with respect to
this Agreement and the performance of services in this Agreement.
The coverage shall contain no special limitations on the scope of
its protection to the above -designated insureds.
ii. Be primary with respect to any insurance or self-insurance
programs of City, its officers, employees, and volunteers.
iii. Be evidenced, prior to commencement of services, by properly
executed policy endorsements in addition to a certificate of
insurance.
iv. No changes in insurance may be made without the written approval
of the City Attorney's office.
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
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
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attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The
parties expect and hopethere 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 Rulesof 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 transmittedby
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.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties
hereinabove named, as of the day and year first above written.
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CONTRACTOR CITY OF SAN MATEO,
a municipal corporation
By:
MAYOR
ATTEST:
(Typed name of Person Signing) CITY CLERK
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