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HomeMy Public PortalAbout2004 Citywide Cape Seal ProjectI I I I I I 1 I I ■ L I 1 1 i I I ' 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) 1 1 I 1 I 1 1 1 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 1 1 1 1 1 1 1 1 1 11 1 I 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. U:pw\PWENG'\A_CONTRS\2004\2004 Citywide Cape Seal Projeet\contract.doc 1 06/01/04. 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. 1 1 1 1 1 I 1 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 U:\pw\PWENGV+_CONTRS\2004\ 2004 Citywide Cape Seal Project \conlractdoc 2 06/01/04 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 U:\pw\PWENG A_CON7RS\2004\2004 Citywide Cape Seal Project\contractdoe 3 06/01/04 1 I 1 1 11 1 1 I t I t I 1 I Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors)• If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates 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. U:\pw\PWENG\A CONTRS\2004\2004 Citywide Cape Seal Project\contract.doc 4 06/01/04 I 1 1 I I I I I If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City Of San Mateo, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of San Mateo. By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, as shown on the Schedule of Bid Items. OipwPWENGW_CGNTRS\200422004 Citywide Cape Seal Project\contract.doc 5 06/01/04 I 1 I 1 1 I 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 $ $ I U:\pw1PWENGW_CONTRS\2004'2004 Citywide Cape Seat Project\contractdoc 6 06/01/04 i 1 1 1 I i 1 1 1 1 1 1 1 1 1 1 I 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 U:\pw\PWENGW_CONTRS@004\2004 Citywide Cape Seal Projecikon"actdoc 7 06/01/04 1 1 1 1 1 1 1 1 1 1 1 i r I 1 1 i 1 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. U:\pw\PWENGW_CONTRS'200412004 Citywide Cape Seal Project\contractdoc 8 06/01/04 I 1 I i 1 1 11 I 1 I I I 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. 0:\pw\PWENG\A_CONTRS\2004\2004 Citywide Cape Seal Projcet\contractdoe 9 06/01/04 I I I I I I I I I I I I I I I I I I 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 U:1pw1PWENGW CONTRS'800412004 Citywide Cape Seal Projectconnacedoc 10 06/01/04 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. U:1pw1PWENGW_COWERS 1200412004 Citywide Cape Seal Project lcootract.doc 11 06/01/04 I I I I I I I 1 I I i I i 1 I I I 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 U: pw PWENG ACONTRS\2004\2004 Citywide Cape Seal -Project \contract.doc 12 06/01/04 I t I I I 1 I1 I I I I I I I I I I 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 U:1pw'P WENGW_CONTRS'2004\2004 Citywide Cape Seal Project'contracedoc 13 06!01/04 i 1 I I I 1 I 1 I 1 1 I I I I 1 I I I 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 U:\pw\P WENGW_CONTRS\2004\2004 Citywide Cape Seal Project\conlractdoc 14 06/01/04 1 r I I 1 I 1 1 I I I I I I I 1 I 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. U:\pw\P W ENGW_CONTRS'\00412004 Citywide Cape Seal Project\contractdoc 15 06/01/04 I r I I I I U I I i I I 1 r I r 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 i U:\pw\PWENG\A_CONTRS\2004\2004 Citywide Cape Seal Projeet\contraet.doc 16 06/01/04 t I I 1 1 I I 1 I I I I I I i I 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 I U:'pw\PWENGVi_CONTRS\2004\2004 Citywide Cape Seal Project \contractdoc 17 06/01/04 1 I I I I I I I N I I I I I I I I I 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. U:\pw\P W ENG\A_CONTRS\2004\2004 Citywide Cape Seal Project\eontractdoc 18 06/01/04 I 1 I I 1 I I f I I I I I I I I 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% U:\pw\PWENGW_CONTRS'2004\2004 Citywide Cape Seal Project'contract.doc 19 06/01/04 I I I I I I I r I I I I I I I I I 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. U:\pw\PWENGV._CONTRS\2004\ 2004 Citywide Cape Seal Project\contractdoe20 06/01/04 i I I I 1 I I I I I I I I I 1 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 U:\pw\PWENGW_CONTRS\2004'\004 Citywide Cape Seal Project\contact.doc21 06/01/04 TI I I I I I I I I I 1 I 1 I 1 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. U:\pw\P WENG\A_CONTRS'2004\2004 Citywide Cape Seal Projecflcontract.doe 22 06/0U04 I I I I I I r I I I I I i I 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. U:\pw\PWENG\A CONTRS'2004\2004 Citywide Cape Seal Projecticontract.doc23 06/01/04 I I I I I I I I I I I I I I I i I 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. Il:\pw\PWENG\A CONTRS\2004\ 2004 Citywide Cape Seal Project\eontraetdoe24 06/01/04 I I I I I I I I I I I 1 I I a w I 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 ❑:\pw\P W ENG A_CONTAS\2004\2004 Citywide Cape Seal Project\contract.doe25 06/01/04 1 I I r I I I i I I I I1 I I I 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. U:\pw\p W ENG\A_CONTRS\2004\2004 Citywide Cape Seal Projectcontraetdoe26 06/01/04 I I I I I I I I I I 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. U:\pw\PW ENGVa_CONTRS\2004\2004 Citywide Cape Seat Projectkontractdoc27 06/01/04 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. 1 I 1 1 1 1 I t i I i 1 I 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. U:'pw\P W ENG'A_CONTRS\2004\2004 Citywide Cape Seal Project\contractdoc 2R 06/01/04 1 1 1 1 t 1 1 1 1 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. U:1pwU' W ENGW_CONTRS'2004\2004 Citywide Cape Seal Projeetkontact.doc 29 06/01/04 1 I 1 1 1 1 1 1 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. U:\pw\PWENGW_CONTRS\2004\2004 Citywide Cape Seal Projecflcontract.doe 30 06/0 t/04 1 1 1 1 1 i 1 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 U:\pw\P W L'NG\A_CONTRS\2004\2004 Ci 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. 1 I I i I 1 1 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 Udpw\' WENG\A_CONTRS\2004@004 Citywide Cape Seal Project\contractdae 32 06/01/04 1 1 1 1 1 1 1 1 I 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. U:\pw\P WENG\A_CONTRS\2004Q004 Citywide Cape Seal Project\conlract.doc 33 06/01/04 1 1 1 I i 1 1 1 I 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 U:1pw1PWENG A_CONTRS\2004\2004 Citywide Cape Seal Projecfcontract.doe 34 06/01/04 1 1 r I 1 1 1 r 1 I I 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 II1pwWWENG\A CONTRS\2004\2004 Citywide Cape Seal Projeet\eontractdoc35 06/01/04 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 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 U:\pw1P WEND W_CONTRS1200412004 Citywide Cape Seal Proiecteontract.doc36 06/01/04 t I I I1 1 1 I I I i specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. U;\pw\PWENG\A_CONTRS\200412004 Citywide Cape Seal Project \contract.doc 37 06/01/04 t I 1 I 1 I 1 I 1 r 1 I 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 U:\pw\PWENGACON7RS`2004\ 2004 Citywide Cape Seal Project \contractdoe38 06/01/04 Application of emulsified asphalt shall be stopped before the distributor tank is empty to assure designated application rate. I i I I I I I I I I I I I i 1 I I The application rate of emulsified asphalt shall be within the following ranges. The exact rates will be determined by the Engineer. U:\pw\P WENGVa_CONTRS\2004@004 Citywide Cape Seal Projecticontrnct.doc 39 06/01/04 t TABLE 302-2.3 (A) I I I I I I I I I 1 I I I 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 U:\pw\PW ENGW_CONIRS\2004\2004 Citywide Cape Seal Project\contract.doc 40 06/01/04 I I I I I I I I I I I I I 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 U:\pw\P W ENG\A CONTRS\2004\2004 Citywide Ceti Seal Project'contact.doc 41 06/01/04 I I 1 I I 1 I I I I I I I I 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 U:\pw\P WENG'A_CONTRS\200412004 Citywide Cape Seal Project \contrectdoc42 06/01/04 302-4.3.2 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. U:1pw\P WENGIA_CONTRS1200412004 Citywide Cape Seal Projectcontract.doc43 06/01/04 1 I I 1 I I 1 I I I I I I I I 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) U: pw\PWENGW CONPRSl2004\2004 Citywide Cape Seal Ptojeetcontmctdoc 44 06/01/04 I I I 1 I i I 1 'I 1 I I I I I I I I 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. U:\pw\PW ENG'W_CONTRS\2004\2004 Citywide Cape Seal Project\contract.doc 45 06/01/04 I 1 I I I I I 1 1 I I r I I I 1 I I I 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. U:Apw\PWENG\A CONTRS\2004\2004 Citywide Cape Seal Projecteontractdoc46 06/01/04 I 1 1 I I I I I I 1 I I I I I I I All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book. 4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 5. Performance by Sureties. In the event of any termination as .hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties,. within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the .work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary 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 U:\pw\PWENG'A_CONTRS\2004U2004 Citywide Cape Seal Project \contract.doc47 06/01/04 I I I I I I 1 I I I I I I • I I I 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 U:\pv \PW ENGW_CONTRS@00412004 Citywide Cape Seat Project\eontract.doc 4S 06/01/04 I I I I I I I I I I I I I I I 1 I 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. U:lpw\PWENG'A_CONTRSl2004t2004 Citywide Cape Seal Project \contractdoc49 06/01/04 1 1 I 1 1 1 1 1 I I 1 I 1 1 1 1 1 I CONTRACTOR CITY OF SAN MATEO, a municipal corporation By: MAYOR ATTEST: (Typed name of Person Signing) CITY CLERK U:1pw1PWENG4A_CGNTRS@004\2004 Citywide Cape Seal Projectkonlact.doc 50 06/01/04