HomeMy Public PortalAboutConcar Drive and S. Grant Street Traffic Signal Modifications1
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CITY OF SAN MATEO
STATE OF CALIFORNIA
CONTRACT BOOK
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90752.32
Bid opening: Thursday, January 25,1995-
6
To be used in conjunction with Standard Specifications
of the State of California
Department of Transportation
1992 Edition
DECEMBER, 1995
PUBLIC WORKS DEPARTMENT
330 West 20th Avenue
San Mateo, CA 94403
(415) 377-3315
(415) 341-9312 (fax)
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CONTRACT BOOK
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
CITY OF SAN MATEO, CALIFORNIA
CITY COUNCIL AWARD
CONTRACT DRAWINGS NO. 1-18-24 (4 sheets)
TIME OF COMPLETION: 40 Working Days
CONTENTS
NOTICE INVITING SEALED PROPOSALS
BID PROPOSAL FORMS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDER'S STATEMENT
CERTIFICATE OF NON-DISCRIMINATION
CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE
SPECIAL PROVISIONS
Sections
1 Specifications and Plans
1-1.01 General
1-1.02 Definitions and Terms
2 Proposal Requirements, Conditions and Affirmative Action Guidelines
2-1.01 General
2-1.02 Examination of Plans, Specifications, and Site of Work
2-1.03 Employment of Apprentices
2-1.04 Affirmative Action Guidelines
2-1.04A Affirmative Action, Non -Discrimination Policy
2-1.04B Lowest Responsible Bidder
2-1.04C Preaward Affirmative Action Conference
2-1.04D Standards of Non -Discrimination
2-1.04E Certificate of Non -Discrimination
2-1.04F Notice to Sources of Employee Referrals
2-1.04G Affirmative Action by Prime Contractors
2-1.04H Affirmative Action by Subcontractors
2-1.04I Posting Notice of Affirmative Action and Non -Discrimination in Employment
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3 Award and Execution of Contract
3-1.01 General
3-1.02 Award of Contract
3-1.03 Changes Initiated by the Agency
3-1.04 Contract Bonds
3-1.05 Liability Insurance
3-1.06 Hold Harmless and Indemnity Provision
3-1.07 Guarantee
4 Beginning of Work, Time of Completion, and Liquidated Damages
4-1.01 General
4-1.02 Beginning of Work
4-1.03 Construction or Fabrication and Delivery Schedule
4-1.04 Delays and Extensions of Time
4-1.05 Pre -Construction Conference
4-1.06 Time of Completion
4-1.07 Liquidated Damages
4-1.08 Location of Utilities
4-1.09 Traffic and Access
4-2 Acceptance of Contract
4-2.01 Substantial Completion of Work
4-2.02 Acceptance of Contract
5 General
5-1 Miscellaneous
5-1.01 Prevailing Wage and Weekly Certified Payroll Submission
5-1.02 Hours of Labor
5-1.03 San Mateo Business License Guidelines
5-1.04 Notice of Potential Claim
5-1.05 Attorney Fees
5-1.06 Payment
5-1.06A General
5-1.06B Ten Percent (10%) Retention
5-1.06C Partial and Final Payments
5-1.07 Mediation
5-1.08 Arbitration
5-2 Control of Work
5-2.01 Cooperation and Collateral Work
5-2.02 Protection and Restoration of Existing Improvements
6 Blank
7 Blank
8 Blank
9 Description of Work
10 Construction Details
APPENDIX I AGREEMENT FOR PUBLIC IMPROVEMENT
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NOTICE INVITING SEALED PROPOSALS
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, California, for
Concar Drive and S. Grant Street Traffic Signal Modifications and other work as shown on
the Contract Drawings No. 1-18-24 and as described in this Contract Book and the State of
California, Department of Transportation Standard Specifications and Standard Plans dated
July 1992.
2. The Contract Book, plans, and proposal forms are available at the Public Works Department,
City Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable fee of $20.00
per set is required. Any questions regarding the contract documents should be directed in
writing to Ron Metsers, Senior Engineer, at the above address.
3. The estimated construction cost of this project is $110,000. This estimate is not based on
a "contractor's cost take off' of the project, but is derived from an averaging of costs for
work on similar projects in the area of which the City is aware. This figure is given to
indicate the relative order of magnitude of this project and is not intended to influence or
affect in any way the amount bid for this project.
4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made
payable to the City of San Mateo in an amount not less than ten percent (10%) of the
aggregate amount of the bid.
5. The Contractor is notified that proposals shall comply with the requirements for affirmative
action as set forth in Section 2, "Proposal Requirements, Conditions, and Affirmative Action
Guidelines," in the Special Provisions.
6. The time of completion for this contract shall be forty (40) working days, beginning from
the date specified in the Notice to Proceed. (See Section 4 of the Special Provisions for
additional details and requirements.)
7. 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.
8. 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
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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.
9. 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., January 25, 1996, and they shall be
opened and read by a City Representative at said date and time at a public meeting called by
him.
10. 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 the City's interest may dictate, City Council may exercise its right to
modify the award or to reject any or all bids.
11. To ensure performance, City reserves the right to retain ten percent (10%) of the contract
price for 35 days after the Notice of Completion is recorded. However, pursuant to the
Public Contracts Code Section 22300, the Contractor may substitute securities for said ten
percent (10%) retention or request that the City make payments of 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.
Dated: December 23, 1995 /s/ PAUL GUMBINGER, MAYOR
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PROPOSAL FORM
(Entire proposal, page 5 through 12, to be submitted as sealed bid.)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
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 on the Contract Drawings. All work shall
conform to the lines, grades, and dimensions shown on said drawings and shall be done in
accordance with this Contract Book and the State of California Department of Transportation
Standard Specifications and State Standard Plans dated July 1992.
This proposal is submitted in conformance with the requirements of the California
Department of Transportation Standard Specifications, 1992 Edition, and is also subject to the terms
and conditions of the attached LIST OF SUBCONTRACTORS (page 7) and BIDDER'S
STATEMENT (pages 8 through 10).
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
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
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CITY PROJECT NO: 09-90-52.32
ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
1
Traffic Control
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$
$
2
Install 6" Concrete Vertical Curb
10
LF
$
$
3
Install Curb Ramps, Type C
8
EA
$
$
4
Install 4" PCC/3" Cl. II A.B. Sidewalk
50
SF
$
$
5
Paint Red Curb
100
LF
$
$
6
Signing and Striping
LS
LS
$
$
7
Traffic Signal Modifications
LS
$ LS
$
$
TOTAL BID (Enter this figure on Proposal Form)
$
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SUBCONTR ACTING REOM JIREMENTS
AND
LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
Each bidder acknowledges it is aware and familiar with the requirements related to subletting and
subcontracting set forth in Section 2-1.054 and 8-1.01 of the State Standard Specifications, and in
the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public
Contract Code of the State of California. These requirements include a provision that the Contractor
shall perform, with its own organization, contract work amounting to at least 50 percent of the
contract price.
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or offer,
in accordance with the provisions of Section 4104 of the Public Contract Code of the State of
California, set forth the following:
1. Name and address of the place of business of each subcontractor who will perform work or
labor or render service to the general contractor in or about the construction of the work or the
improvement in an amount in excess of one-half ('A) 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 which 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"
'n the space provided and sign below.
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
$
Contractor's Signature
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BIDDER'S STATEMENT
SHEET I OF 3
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION Standard Specifications, 1992 Edition, and realizes that any variation or
deviation from these specifications, requirements and conditions shall be sufficient grounds for
rejection of all or any part of the work performed. Such rejected work shall be replaced entirely at
the Contractor's expense, and failure to do so within a reasonable length of time shall be sufficient
reason for the withholding of payment for any part of or all of the work and forfeiture of the
Contractor's bond.
The undersigned further certifies that he is licensed by the State of California as a Contractor, that
the license is now in force and that the number and class is Class ( ), 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 199 , at
, California.
The undersigned understands he must meet the requirements of Section 2 "PROPOSAL,
REQUIREMENTS. CONDITIONS. AND AFFIRMATIVE ACTION GUIDELINES " of these
Special Provisions prior to award of contract and conform to those guidelines throughout the
duration of the contract.
It is understood that the quantities set forth herein are approximate only and are to be used only for
the comparison of bids and the guidance of the bidder.
If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as
Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements for
general and automobile liability insurance, and proof of a San Mateo Business License in the office
of the City Clerk within ten (10) calendar days after the date of the award and to commence work
within five (5) days of the date specified in the notice to proceed, and to complete the work under
said contract within the specified number of working days beginning from the date specified in the
notice to proceed. Further, the undersigned agrees to insure that all subcontractors obtain a
San Mateo Business License in accordance with Section 5-1.03, SAN MATEO BUSINESS
LICENSE GUIDELINES. Contractor and all subcontractors also agree to keep the Business
License current for the entire term of the contract.
If the unit price and the total amount named by a bidder for any item do not agree, it will be
assumed that the error was made in computing the total amount and the unit price alone will be
considered as representing the bidder's intention. Unit prices bid must not be unbalanced.
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BIDDER'S STATEMENT (con't)
SHEET 2 OF 3
(To be submitted with Proposal Form)
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CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
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.
The undersigned hereby certifies that this bid is genuine, and not sham or collusive, or made in the
interest or in behalf of any person not named herein, and that the undersigned has not directly or
indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or
corporation to refrain from bidding, and that the undersigned has not in any manner sought by
collusion to secure for himself an advantage of any kind whatever.
Enclosed find bond or certified check or cashier's check No. of the Bank
for . Not less than ten (10) percent of this bid payable to the City of San
Mateo, California, and which is given as a guarantee that the undersigned will enter into the contract
if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after
the date set for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE
ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE
NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE
SHOWN (if more than two members of a firm or partnership, please attach an additional page; OR
IF MADE BY A CORPORATION, THE PROPOSAL SHALL SHOW THE NAME OF THE
STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE
NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND
TREASURER OF SAID CORPORATION.
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BIDDER'S STATEMENT (can't)
SHEET 3 OF 3
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
SIGNATURES FOR BIDDER:
If INDIVIDUAL, sign below:
If CORPORATION, sign below (show
names of non -signing officers):
Signature Date
a CORPORATION
Print name
Name of State Where Chartered
Post Office Address
Signature Date
Print name of person signing bid
If PARTNERSHIP, sign below (show names
of non -signing partners):
Title
List names of the following officers:
Signature Date
PRESIDENT
Name of Partner
SECRETARY
Post Office Address
TREASURER
Signature Date
Post Office Address
Name of Partner
Post Office Address (if different)
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CERTIFICATION OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
On behalf of the bidder making this proposal, the undersigned certifies that there will be no
discrimination in employment with regard to race, color, religion, sex, disability, or national origin;
that all federal, state, local directives, and executive orders regarding non-discrimination in
employment will be complied with; and that the principle of equal opportunity in employment will
be demonstrated positively and aggressively.
BIDDER
By:
(Name and Title of Person Making Certification)
Date
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CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
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
525 Golden Gate Avenue
P. O. Box 603
San Francisco, CA 94101
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SPECIAL PROVISIONS
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
CITY OF SAN MATEO
DEPARTMENT OF PUBLIC WORKS
STATE OF CALIFORNIA
SECTION 1. SPECIFICATIONS AND PLANS
1-1.01 GENERAL The work embraced herein shall be done in accordance with the State of
California Department of Transportation Standard Specifications, 1992 Edition (hereinafter referred
to as the Standard Specifications); the State of California Department of Transportation Standard
Plans, 1992 Edition; and according to these Special Provisions.
The bidder's attention is directed to the provisions in Section 1, "Definitions and Terms," of the
Standard Specifications and these Special Provisions for the requirements and conditions which
must be observed in the preparation of the proposal form and the submission of a bid.
Project contract drawings shall govern in lieu of conflicting provisions of the Standard Plans;
Standard Plans and project contract drawings shall govern in lieu of conflicting provisions of the
Standard Specifications; the Special Provisions shall govern in lieu of conflicting provisions of both
the Standard Specifications and the Standard Plans, but shall in no way nullify non -conflicting
portions of the Standard Specifications.
1-1.02 DEFINITIONS AND TERMS. Wherever in the Standard Specifications, special provisions
or contract documents, unless the context otherwise requires, the following terms shall have the
following meaning:
Department of Transportation. The City of San Mateo, State of California.
Director of Transportation. The City Council of the City of San Mateo, State of California.
Engineer. The Director of Public Works of the City of San Mateo, State of California, acting either
directly or through properly authorized agents, such agents acting within the scope of the particular
duties entrusted to them.
Laboratory. The established laboratory of the Materials and Research Section of the Department
of the Transportation of the State of California or laboratories authorized by the Engineer to test
materials and work involved in the contract.
laic. The City of San Mateo
Transportation Building Sacramento City Hall, City of San Mateo, State of California.
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State Highway Engineer. The Director of Public Works of the City of San Mateo, State of
California.
Standard Specifications. Means the 1992 edition of the Standard Specifications of the State of
California, Department of Transportation. Any reference therein to the State of California or State
agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office
or officer acting under this contract.
If no standard plan is listed for a detail needed to complete the required work, City of San Mateo
standard plans will be used.
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,SECTION 2. PROPOSAL REQUIREMENTS. CONDITIONS
AND AFFIRMATIVE ACTION GUIDELINES
2-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 2, "Proposal
Requirements and Conditions," of the Standard Specifications and these Special Provisions for the
requirements and conditions which must be observed in the preparation of the proposal form and
the submission of a bid.
2-1.02 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE OF WORK. The bidder
shall examine carefully the site of the work contemplated, the plans and specifications, and the
proposal and contract forms 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 proposal
form and attach any additional information necessary to state the basis of the bid. Failure to note
any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency
of the plans and specifications.
2-1.03 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance with
California Labor Code Section 1777.5 relating to employment of apprentices for all apprenticeable
occupations when the contract amount exceeds $30,000 or 20 working days or both.
2-1.04 AFFIRMATIVE ACTION GI TIDELINES. This section is the City's adopted Affirmative
Action Program.
2-1.04A AFFIRMATIVE ACTION. 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. To prohibit discrimination because of race,
color, religion, sex, disability or national origin, all bidders shall be prepared to demonstrate that
they and their subcontractors have undertaken a positive and continuing program to promote the full
realization of equal employment opportunities.
2-1,04B LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above,
contracts for public works will be awarded only to such bidders as are determined to meet the
following qualifications of lowest responsible bidder.
The lowest responsible bidder shall be the bidder who offers to perform the work involved
according to the plans and specifications therefore for the least amount of money; provided the
bidder has the ability, capacity and, when necessary, the required State or other license and that he
and his subcontractors have undertaken an affirmative action program to promote the full realization
of equal employment opportunities meeting the minimum requirements set forth herein. Any
subcontractor failing to comply herewith shall be deemed unqualified and shall be substituted.
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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.
2-1.04C PREAWARD AFFIRMATIVE ACTION CONFERENCE. A pre -award affirmative action
conference may be required of the potentially lowest responsible bidder and his subcontractors when
the following conditions exist:
A. Prime Contractor
1. The total contract amount is greater than $20,000 with ten or more employees.
2. The prime contractor has not filed an approved affirmative action plan with the City
in the past six months. If an approved plan has been filed, the general contractor will
be required to file updates to the plan if any, or a letter acknowledging that the
previously submitted plan is still in effect.
- or -
3. The project is federally funded.
B. Subcontractors
1. The total amount involved in the subcontract is greater than $10,000 with ten or
more employees.
2. The subcontractor has not filed an approved affirmative action plan with the City in
the past six months. If an approved plan has been filed, the subcontractor will be
required to file updates to the plan if any, or a letter acknowledging that the
previously submitted plan is still in effect.
-or-
3. The project is federally funded.
Each potentially selected bidder and his subcontractors who meet the above conditions, may be
required to meet with the City at a preaward conference to be held prior to referral to the Council
for consideration and award.
2-1.04D STANDARDS OFNON-DISCRIMINATION
A. The successful bidder and each subcontractor shall undertake affirmative action to ensure
that applicants and employees are treated fairly such that the principles of equal opportunity
in employment are demonstrated positively and aggressively during employment, without
regard to race, color, religion, sex, disability, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship where applicable.
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B. In all advertisements for labor or other personnel or requests for employees of any nature,
the successful bidder and each subcontractor shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, disability,
or national origin.
C. In all hiring, the successful bidder and each subcontractor shall make every effort to hire
qualified workers from all races and ethnic groups.
2-1.04E CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any public works
contract shall sign the certification of non-discrimination which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and
file with the City a certificate of non-discrimination.
2-1.04F NOTICE TO SOURCES OF EMPLOYEE REFERRALS. The successful bidder and each
subcontractor will send to the State of California Employment Development Department and to each
labor union, employment agency, and representative of workers with which he has a collective
bargaining agreement or other contract or understanding and from which he expects employee
referrals, a notice, as provided by the City, with a copy to the City, advising of the commitments
under these specifications.
2-1.04G AFFIRMATIVE ACTION BY PRIME CONTRACTORS. Prior to contract award, the
potentially selected bidder shall demonstrate that he meets the following minimum standards of
affirmative action:
A. File with the City his affirmative action plan indicating the steps he is taking to encourage
and assist members of minority groups and persons with disabilities to become qualified
workers. Such a plan will include practices with respect to: recruitment; employment;
compensation; promotion or demotion; and selection for training.
Practices with respect to the above shall demonstrate the extent to which the Contractor has
or participates in a training program to assure potential employees ample opportunity to
more fully qualify for jobs and to assure existing employees adequate opportunity for
upgrading and equal opportunity for advancement and promotion.
B. File with the City evidence that he has notified his supervisors, foremen, other personnel
officers, and all subcontractors of the commitments to be assumed under these specifications.
C. File with the City evidence that he has notified all sources of employee referrals of the
commitments to be assumed under these specifications.
D. File with the City the name of the person designated to serve as Equal Employment Officer
who is authorized to supply reports and represent the Contractor in all matters regarding the
Affirmative Action Plan.
E. File with the City that he will make reasonable accommodations to employ persons with
disabilities.
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2-1.04H AFFIRMATIVE ACTION BY SUBCONTRACTORS. Each subcontractor shall, prior
to entering into a contract to perform any work or supply materials for a public works project of the
City of San Mateo, file with the prime contractor and with the City his Affirmative Action Plan in
the form set forth in Section 2-1.04G above.
The requirements of these specifications shall be considered a part of each contract entered into by
subcontractors, the services of which equal $10,000 or more of the basic contract. The successful
bidder shall include the provisions of these specifications in every first -tier subcontract and require
each subcontractor to bind further subcontractors with whom he enters into a contract.
2-1.041 POSTING NOTICE OF AFFIRMATIVE ACTION AND NON-DISCRIMINATION IN
I MPLOYMENyTEach successful bidder shall post on the job site and in the field office or offices
maintained by him, the notice provided by the City regarding Affirmative Action and Non-
discrimination in Employment.
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.
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SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award ana
Execution of Contract," of the Standard Specifications and these Special Provisions.
3-1.02 AWARD OF CONTRACT. The contract may be awarded to the bidder whom the City
determines will best meet the interests of the City. In determining the award, careful consideration
by City shall be given to each item of bid. 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 sees in its best interest.
Such award, if made, will be made within 45 days after the opening of the proposals.
3-1.03 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 $115,000 available for this project. The City shall have full
authority and discretion to determine the decrease or increase in quantities required as well as the
subprojects which will be altered, added or deleted. The Contractor shall not be entitled to any
additional compensation or adjustment in the unit prices bid because of the above -stated alteration
of this project.
3-1.04 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 50 percent of the contract
price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the
work. The bond shall be maintained by the Contractor in full force and effect until the completed
work is accepted by the Agency, and until all claims for materials and labor are paid, and shall
otherwise comply with the Civil Code.
The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee faithful
performance of all work, within the time prescribed, in a manner satisfactory to the City, and that
all materials and workmanship will be free from original or latent developed defects.
3-1.05 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.
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B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. Such insurance shall include coverage for owned, hired, and non -owned
automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and
volunteers as additional insureds with respect to this Agreement and the performance
of services in this Agreement. The coverage shall contain no special limitations on
the scope of its protection to the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its
officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy
endorsements in addition to a certificate of insurance.
a. In addition to requiring that you provide an insurance certificate showing the
levels and types of coverage required for your project or contract, the City
of San Mateo also requires you to provide the City with a copy of the actual
endorsements to the commercial general, automobile, and any excess liability
insurance policies that show that the City of San Mateo, its boards,
commissions, officers, agents, and employees have been named as additional
insureds by the insurers.
These endorsements are required because California Insurance Code § 384
expressly provides that an insurance certificate is not proof of what the
underlying insurance policy actually contains. If you look at an insurance
certificate, you will notice that the certificate actually says the same thing.
Therefore, a certificate has minimal legal value and the City cannot be
reasonably certain that it is covered under the policies shown on the
certificate without endorsements.
An endorsement is a piece of paper that modifies the terms of the underlying
policy and is issued by the insurance company itself, rather than a broker.
A copy of a sample endorsement for commercial general liability is on the
following page for your reference.
4. No changes in insurance may be made without the written approval of the City
Attorney's office.
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SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured
by or for you.
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3-1.06 HOLD HARMLESS AND INDEMNITY PROVISION. The Contractor agrees (I) to hold
harmless and indemnify City of San Mateo and its officers and employees from and against any and
all claims, loss, liability, damage, and expense arising from performance of this contract, including
claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence
of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or
employees thereagainst; provided, however that this provisions does not apply to claims, loss,
liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of
San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provisions
shall not affect the validity of any insurance contract, workers compensation or agreement issued
by an admitted insurer as defined by the Insurance Code.
3-1.07 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.
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SECTION 4. BEGINNING OF WORK. TIME OF COMPLETION
AND LIOUIDATFD DAMAGES
4-1.01 GENERAL. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work,"
in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the
Standard Specifications and these Special Provisions.
4.1.02. BEGINNING OF WORK. The Contractor shall begin work within five (5) calendar days
after the date of the notice to proceed and shall diligently prosecute the same to completion.
The City will issue a Notice to Proceed 10 working days after the award of contract unless the
Contractor furnishes the engineer with a statement from the vendor that the order for the electrical
materials required forte contract has been received and accepted by said vendor, and said statement
shall be furnished within ten (10) calendar days after the contract has been awarded by the City of
San Mateo. Said statement shall give the date the electrical materials will be shipped. The City will
then issue the Notice to Proceed with the first working day under the contract being the date
materials will be delivered or another day prior to that date which is mutually agreeable to City and
Contractor. The first working day, however, shall not be more than 70 calendar days from the date
of contract award.
4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification
of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its
proposed construction or fabrication and delivery schedule. The schedule shall be in the form of
a tabulation, chart, or graph and shall be in sufficient detail to show the chronological relationship
of all activities of the project including, but not limited to, estimated starting and completion dates
of various activities, submittal of shop drawings to the Engineer for approval, procurement of
materials, and scheduling of equipment, and delivery of finished product.
The Contractor shall not perform any traffic signal work at the site of the project until all electrical
materials are available for installation.
4-1.04 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise
between the City and the Contractor over Time of Performance as extended by the City due to an
allowed suspension of work, the Contractor may request an extension from the City 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.
4-1.05 PRE -CONSTRUCTION CONFERENCE. A preconstruction conference will be held at a
location selected by the City for the purposes of review and approval of said schedule and to discuss
construction procedures and payment schedule. The Contractor shall be represented by his
superintendent of work. The City will be represented by members of the organization having direct
control of supervision of the project.
4-1.06 TIME OF COMPLETION. The Contractor shall prosecute and work to completion before
the expiration of forty (40) 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.
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4-1.07 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the time
allowed will result in damages being sustained by the City of San Mateo. Such damages will be
determined. For each consecutive calendar day in excess of the time specified for completion of the
work (as adjusted), the Contractor shall pay to the City of San Mateo, or have withheld from monies
due it, the sum of the amount necessary to cover any add-on costs or lost revenue and by cost plus
an estimate of overhead costs incurred by the City; e.g., inspection and administrative costs, loss of
revenue or the cost of alternative services during delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of San
Mateo and Contractor that $500.00 per working day is the minimum value of the costs and actual
damage caused by failure of the Contractor to complete the work within the allotted time, that
liquidated damages shall not be construed as a penalty, and that the amount calculated by the City
may be deducted from payments due the Contractor if such delay occurs.
4-1.08 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 8-1.10 and
15 of the Standard Specifications. At least forty-eight (48) hours prior to commencing work, the
Contractor shall notify Underground Service Alert (USA) so that the various utility companies may
field -mark said installations. Once the field marks are in place, the Contractor shall be responsible
for all marked utilities damaged during construction or claims resulting from said damage. In
addition, the City shall not be responsible for any unmarked utility damaged during construction or
any claims resulting from this damage, except for damage to City of San Mateo utilities that the City
has not marked within forty-eight (48) hours after receiving notice from USA to do so and which
were not marked at the time the damage occurred.
4-1.09 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the
work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades,
lights, and flagmen as described and specified in the State of California, Department of
Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work
Zones, 1990 Edition. (Section 360, California Vehicle Code, defines highways to include streets.)
The provisions of this manual will become a part of the requirements of the contract.
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.
Lane closures will be allowed only between the hours of 9:00 a.m. and 3:00 p.m. and no more than
one (1) travel lane shall be closed at any time in each direction of travel. The full width of the
traveled way shall be open for use by public traffic when construction operations are not actively
in progress.
The Contractor will be required to submit a schedule on how the construction work will affect the
adjacent properties (e.g., driveways) at the pre -construction meeting for approval.
Full compensation for conforming to the requirements and for furnishing all labor, materials
(including signs), tools, equipment and incidentals, and for doing all the work involved in
furnishing, placing, maintaining, replacing, removing and disposing of lights, signs, barricades,
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flagmen and other devices or work necessary for providing traffic control as specified herein and
in the Standard Specifications shall be considered as included in the contract lump sum price for
traffic control and no additional compensation will be allowed therefor.
SECTION 4-2. ACCEPTANCE OF CONTRACT
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4-2.01 SUBSTANTIAL COMPLETION OF WORK. The Contractor shall request an inspection
to determine substantial completion. The substantial completion of work is considered as for the
benefit of the City that the City's facility is ready for public use. The substantial completion of work
for this project is defined to include as a minimum: the completion of the signing, striping, and
signal work shown on the construction drawings; the street is open for regular vehicle traffic,
bicyclists, and pedestrians; and all the existing street and off-street facilities have been restored to
the pre -construction or better condition. If the inspection confirms that substantial completion has
been obtained, the City will issue a Notice of Substantial Completion and discontinue counting
working days for the project. The City will also issue a punch -list of any minor work items that
must be completed prior to Final Acceptance of the contract.
4-2.02 ACCEPTANCE OF CONTRACT. When the Engineer has made the final inspection as
provided in Section 5-1.13 "Final Inspection" of the Standard Specifications, including sign -off of
all punch -list items, and when the Contractor has submitted a set of full size blue lines of the
contract plans with all the changes to reflect "As Built" conditions, the Public Works Director will
recommend that the City Council formally accept the contract, and upon Council acceptance, file
the Notice of Completion. Immediately upon and after such acceptance by the City Council, the
contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he
will not be required to perform any further work thereon, except warranty work; and the Contractor
shall be relieved of his responsibility for injury to persons or property or damage to the work which
occurs after the formal acceptance by the City Council. The City will release the retention 35 days
after recording the Notice of Completion.
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SECTION 5, GENERAL
5-1 MISCELLANEOUS
5-1.01 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) work days following completion
of the work week.
5-1.02 HOURS OF LABOR. Construction operations beyond the eight -hour normal workday and
on legal holidays may occur on occasion if approved in advance by the City. The Contractor shall
notify the City Engineer in writing twenty-four (24) hours prior to any non -emergency type
overtime operations or forfeit the sum of the job inspector's pay per day (or prorated portion thereof)
for overtime work without written consent of the City Engineer -- said sum to be deducted from any
monies due the Contractor or paid directly to him. Normal work day hours for this project shall be
between 7:30 a.m. and 4:30 p.m. unless specifically modified in writing.
5-1.03 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, $100.00; (2) all other contractors, $40.00."
5-1.04 NOTICE OF POTENTIAL CLAIM. Attention is directed to the provisions in Section 9-
1.04 of the Standard Specifications.
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5-1.05 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.
5-1.06 PAYMENT
5-1.06A GENERAL. Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07,
"Payment After Acceptance," of the Standard Specifications and these Special Provisions. Except
as directed otherwise in these specifications, full compensation for completing all of the work
indicated on the plans and directed herein is considered to be included in the contract unit prices
paid for the various items of work and no separate payment will be made therefor.
5-1.06B TEN PERCENT (10%) RETENTION. To ensure performance, City is entitled to retain
ten percent (10%) of the contract price for 35 days after it records the Notice of Completion.
However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute
securities for said ten percent (10%) retention or request that the City make payments of retentions
earned directly to an escrow agent at the Contractor's expense. The provisions of the Public
Contracts Code Section 22300 are hereby expressly made a part of the contract.
5-1.06C PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a "Monthly
Progress Payment Request" in accordance with the schedule established at the pre -construction
conference. Contractor shall use City's standard form for such requests and submit one original plus
three (3) copies of each request.
5-1.07 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 patties. 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.
5-1.08 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.
SECTION 5-2. CONTROL OF WORK
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5-2.01 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers and
contractors, and others, have the right to operate within or adjacent to the worksite to perform work.
The City of San Mateo, the Contractor, and each of such workers, contractors, and others, shall
coordinate their operations and cooperate to minimize interference.
5-2.02 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor
shall repair or replace all existing improvements not designated for removal which are damaged or
removed as a result of its operation. Improvements, such as but not limited to, curbs, gutters,
sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers, thermoplastic
pavement markings, signs, sprinkler systems, or plantings, shall be repaired and replaced to a
condition equal to or better than the original condition.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be
included in the various bid items and no additional compensation shall be made by City.
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SECTION 9. DESCRIPTION OF WORK
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:
Modify the traffic signal at the intersection of Concar Drive and S. Grant Street. All work shall be
performed according to the plans and specifications entitled, "City of San Mateo, City Project No.
09-90-52.32, Plans for Modification of Traffic Signal System, Concar Drive at S. Grant Street,"
Drawing No. 1-18-24, or these Special Provisions.
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SECTION 10, CONSTRUCTION DETAILS
10-1 GENERAL,
10-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05,
"Order of Work," of the Standard Specifications and these special provisions.
The first order of work shall be to place the order for the traffic signal equipment. The Contractor
shall furnish the engineer with a statement from the vendor that the order for said equipment has
been received and accepted by said vendor.
Prior to commencement of the traffic signal functional test at any location, all items of work related
to signal control shall be completed concurrently with roadside signs and all pavement delineation
and pavement markings.
10-1.02 BLANK .
10-1.03 REMOVE EXISTING SIGNAL POLES. Existing poles, where shown on the Plans to be
removed, shall be completely removed by the Contractor and transported to the City storage facility
on Ivy Street, near Highway 92. The Contractor shall contact the City Inspector, at least 48 hours
in advance of requiring access to the storage facility. Any damage due to the Contractor's
negligence shall be repaired and/or replaced at the Contractor's expense.
The signal pole foundations shall be removed to a depth of not less than two (2) feet below the
adjacent finished grade. The resulting hole shall be backfilled in accordance with the provisions in
Section 19-3.06, "Structure Backfill," of the Standard Specifications.
Full compensation for removing existing signal poles shall be considered as included in the contract
lump sum price for traffic signal system installation and no separate payment will be made therefor.
10-1.04 REMOVE THERMOPLASTIC/PAINTED TRAFFIC STRIPES AND PAVEMENT
MARKINGS. Prior to the removal of any of the existing traffic control delineation, the Contractor
shall take whatever action is necessary to ensure that said delineation can be accurately replaced at
its previous location.
The contractor shall place temporary Davidson markers on the existing lane lines at 24' spacing
immediately upon removal of any lane lines. These markers shall be removed by the contractor
upon the installation of the permanent markers.
The City will provide temporary legend and cross -walk replacement until the Contractor provides
the permanent installation.
Traffic stripes and pavement markings to be removed are shown on the plans.
Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for
removal of objectionable material, and such operation is being performed within 10 feet of a lane
occupied by public traffic, the residue including dust shall be removed immediately after contact
between the sand and the surface being treated. Such removal shall be by a vacuum attachment
operating concurrently with the blast cleaning operation.
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Thermoplastic stripes and pavement markings shall be removed by grinding.
Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided
in Section 7-1.09, "Public Safety," of the Standard Specifications.
Full compensation for removing thermoplastic/painted traffic stripes and pavement markings shall
be considered as included in the contract lump sum price for signing and striping and no separate
payment will be made therefor.
10-1.05 REMOVE PAVEMENT MARKERS. Existing pavement markers, when no longer
required for traffic lane delineation as directed by the Engineer; shall be removed and disposed of.
Full compensation for removing and disposing of pavement markers shall be considered as included
in the contract lump sum price for signing and striping and no separate payment will be made
therefor.
10-1.06 REMOVE ROADSIDE SIGNS. Existing roadside signs, at locations shown on the plans
to be removed, shall either be removed and salvaged or relocated as noted.
Sign panels, as shown on the plans, shall be salvaged.
Existing roadside signs shall not be removed until replacement signs have been installed or until the
existing signs are no longer required for the direction of public traffic, unless otherwise directed by
the engineer.
Full compensation for removing and salvaging roadside signs shall be considered as included in the
contract lump sum price paid for signing and striping and no separate payment will be made
therefor.
10-1.07 RELOCATE ROADSIDE SIGNS. Existing roadside signs shall be removed and relocated
at new locations shown on the plans.
Each roadside sign shall be installed at the new location on the same day said sign is removed from
its original location.
If the sign is mounted on a wooden post, the post shall be reused or replaced at the direction of the
engineer based upon post conditions.
Full compensation for relocating of signs, including furnishing new wooden posts if required, shall
be considered as included in the contract lump sum price paid for signing and striping and no
separate payment will be made therefor.
10-1.08 AGGREGATE BASE (CLASS 21.. Aggregate base shall be Class 2 and shall conform to
the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these Special
Provisions.
Aggregate base shall be produced from commercial quality aggregate consisting of broken stone,
crushed gravel, natural, clean, rough -surfaced gravel and sand, or a combination thereof.
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The grading of the material shall conform to the 3/4 -inch, maximum specified in Section 26-1.02A,
"Class 2 Aggregate Base," of the Standard Specifications.
Spreading and compacting shall be performed by methods that will produce a uniform base, firmly
compacted, and free from pockets of course fine material.
Aggregate base shall be placed where shown on the Plans, as specified in these Special Provisions
and as directed by the Engineer.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing
all the work involved in hauling and placing aggregate base in place as shown on the Plans will be
included in the contract unit price for concrete curbs, sidewalks, and curb ramps and no additional
compensation will be allowed therefor.
10-1.09 SAWCUT ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE
PAVEMENT. Sawcut asphalt concrete and Portland cement concrete pavement shall conform to
these Special Provisions, the Plans, and the direction of the Engineer.
Existing asphalt concrete pavement and portland cement concrete pavement shall be sawcut at
roadway conforms and driveway conforms as shown on the Plans.
All sawcutting operations shall be performed with a power -driven saw and the sawcutshall extend
completely through the pavement. The use of pavement breakers or other devices for cutting
pavement will not be permitted.
Cracked or broken pavement caused by the Contractor's operations shall be removed to a line
established by the Engineer and shall be replaced with new asphalt concrete pavement or portland
cement concrete at the Contractor's expense.
Full compensation for providing all labor, materials, tools, equipment and incidentals necessary for
sawcutting asphalt concrete pavement or portland cement concrete pavement will be included in the
lump sum price paid for traffic signal modifications and no additional compensation will be allowed
therefor.
10-1.10 ROADSIDE SIGNS. Roadside signs shall be installed at the locations shown on the plans
or where directed by the engineer, and shall conform to the provisions in Section 56-2, "Roadside
Signs," of the Standard Specifications and these special provisions.
New roadway signs shall be installed in locations as shown on the plane. The final locations shall
be determined by the engineer.
Full compensation for furnishing and installing new signs, including wooden posts and mounting
materials shall be considered as included in the contract lump sum price paid for signing and striping
and no separate payment will be made therefor.
10-1.11 CONCRETE CURBS. SIDEWALKS. AND CURB RAMPS. Curbs, sidewalk, and curb
ramps shall be constructed of Class B concrete and shall conform to Section 73,"Concrete Curbs and
Sidewalks," of the Standard Specifications, these Special Provisions, the Plans and as directed by
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the Engineer. Concrete curbs, sidewalk. and curb ramps shall be constructed at the locations shown
on the Plans and as directed by the Engineer.
Where the Plans provide for removal of a portion of an existing curb and/or curb ramp, the existing
section shall be cut to a minimum depth of one and one-half (1-1/2) inches with an abrasive type
saw at the first scoring line at or beyond the planned point and the entire section shall be removed.
The removed concrete shall become the property of the Contractor and shall be disposed of outside
the highway right of way in accordance with Section 7-1.13 of the Standard Specifications. The
new curb, sidewalk, and ramps shall join the old work.
Payment for any sawcutting necessary to accomplish the required work as indicated herein, shall be
considered as included in the various contract items of work and no additional compensation will
be allowed therefor.
Scoring lines and expansion joints in the new curb and curb ramps shall be as directed by the
engineer.
Full compensation for providing retaining curbs for Type C curb ramps shall be considered as
included in the contract unit price per each for Type C curb ramp and no additional compensation
will be allowed therefor.
Any existing sidewalk removed for conduit installation shall be removed from the nearest joint or
scoring line and shall be replaced in kind at the contract unit cost for the item removed.
The contract unit price paid per square foot for sidewalk, per linear foot for curb, and per each for
curb ramps shall include full compensation for providing all labor, tools, materials, including
expansion joint material, equipment and incidentals, and for doing all the work involved in
constructing curbs, sidewalk, and curb ramps and no additional compensation will be allowed
therefor.
No adjustment of the Contract unit price will be made for an increase or decrease in quantities of
concrete curbs, sidewalk, and curb ramps required. The provisions in Section 4-1.03B, "Increase
or Decreased Quantities," of the Standard Specifications shall not apply to the item of concrete
curbs, sidewalk, and curb ramps.
Payment for aggregate base shall conform to Section 10.1-08 of these Special Provisions.
10-1.12 RED CURB PAINTING. Red curb painting shall conform to Section 59-6, "Painting
Concrete," of the Standard Specifications, these Special Provisions, the Plans and as directed by the
Engineer.
Preparing and painting concrete curb shall be measured by the linear foot. Measurement will be
determined along the surface of the actual area painted.
The Contract unit price paid per linear foot for red curb painting shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved
in preparing the concrete and applying the paint to the concrete surfaces, as shown on the Plans, and
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as specified in these Special Provisions, and as directed by the Engineer and no additional
compensation will be allowed therefor.
10-1.13 SIGNING AND STRIPINQ. The lump sum price for signing and striping shall be full
compensation for furnishing and installing, providing all materials, equipment and labor necessary
for installing the thermoplastic traffic stripes and pavement markings, and pavement markers, and
stripes, markings and markers marked for removal on the plans.
A. Pavement Markers. Pavement markers shall conform to the provisions in Section 85,
"Pavement Markers," of the Standard Specifications, these special provisions and shall be
installed where shown on the plans.
At the option of the Contractor, a hot melt bituminous adhesive may be used to cement the
markers to the pavement instead of the Rapid Set Type or Standard Set Type epoxy
adhesive.
Full compensation for furnishing and installing pavement markers shall be considered as
included in the contract lump sum price for signing and striping and no separate payment
will be made therefor.
B. Thermoplastic Traffic Stripes and Pavement Markings. Thermoplastic traffic stripes (traffic
lines) and pavement markings shall conform to the provisions in Sections 84-1, "General,"
and 84-2, "Thermoplastic Traffic Stripes and Pavement Markings," of the Standard
Specifications and these special provisions.
Thermoplastic material for traffic stripes shall be applied a minimum thickness of 0.13 inch.
At the option of the Contractor, STAMARK Brand Pavement Tape, Pliant Polymer Grade,
manufactured by the 3M Company; or Cataphote Division of the Ferro Corporation; or
STAMARK Brand Pavement Tape, Bisymmetric 1.75 Grade, manufactured by the 3M
Company, may be placed instead of the thermoplastic traffic stripes and pavement markings
specified herein. Pavement tape and roadmarking tile, if used, shall be installed in
accordance with the manufacturer's specifications.
Full compensation for furnishing and installing thermoplastic traffic stripes and pavement
markings shall be considered as included in the contract lump sum price for signing and
striping and no separate payment will be made therefor.
SECTION 10-2. (BLANK)
WTION 10-3. SIGNALS. LIGHTING AND ELECTRICAL SYSTEMS
10-3.01 DESCRIPTION. Traffic signal modifications shall conform to the provisions in Section 86,
"Signals, Lighting and Electrical Systems," of the Standard Specifications and these special
provisions.
Traffic signal work is to be performed at the following location:
Concar Drive @ South Grant Street
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10-3.02 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS. Traffic
signal system shutdowns shall be limited to periods between the hours of 9:00 AM and 3:00 PM.
The Contractor shall maintain existing street lighting circuits so that the existing lighting level is
provided every night. Removal of existing luminaires and poles, or disruption of existing circuits,
shall not be done until the new poles and luminaires are in place and operating.
The Contractor shall place "Stop Ahead" and "Stop" signs to direct vehicle and pedestrian traffic
through the intersection during traffic signal system shutdown. Temporary "Stop Ahead" and "Stop"
signs shall be either covered or removed when the system is turned on.
"Stop Ahead" and "Stop" signs shall be furnished by the Contractor and shall conform to the
provisions in Section 12-3.06, "Construction Area Signs," of the Standard Specifications, except that
the base material for the signs shall not be plywood. Minimum size of "Stop" signs shall be 36
inches.
One "Stop Ahead" sign and one "Stop" sign shall be placed for each direction of traffic. For two
lane approaches, two "Stop" signs shall be placed. Location of the signs shall be as directed by the
Engineer.
Full compensation for furnishing, installing, maintaining and removing temporary "Stop Ahead" and
"Stop" signs and for covering signs not in use shall be considered as included in the contract lump
sum price paid for "Traffic Signal Modifications" and no additional compensation will be allowed
therefor.
At least three working days prior to performing any work on each existing system, the Contractor
shall notify the City of San Mateo Public Works Maintenance, at phone number (415) 377-4630.
10-3.03 FOUNDATIONS. Foundations for Type I -B standards shall conform to the details on
Standard Plan ES -6A, "Anchor Bolts With Sleeve Nuts", except that the bottom of the base plate
shall be flush with the finished grade.
10-3.04 STANDARDS. STEEL PEDESTAI.5 AND POSTS. Where the plans refer to the side
tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted.
The sign mounting hardware, as shown on Detail U of Standard Plan ES -6T, shall be installed at
the locations shown on the plans.
10-,05 CONDUIT. Conduit to be installed underground shall be the rigid steel or rigid
non-metallic type unless otherwise specified. Detector termination conduits may be the rigid
non-metallic type.
The conduit in a foundation and between a foundation and the nearest pull box shall be the rigid
steel of IMC type.
When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded
union coupling, as specified in the third paragraph in Section 86-2.05C, "Installation," of the
Standard Specifications, or a concrete -tight split coupling or concrete -tight set screw coupling shall
be used.
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When rigid non-metallic conduit is placed in a trench (not under pavement), after the bedding
material is placed and conduit installed, the trench shall be backfilled with commercial quality
concrete, containing not less than 376 pounds of cement per cubic yard, to not less than 4 inches
above the conduit before additional backfill material is placed.
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Conduit runs shown on the plans to be located behind curbs may be installed in the street, within
three (3) feet of and parallel to the face of the curb, by the trenching in pavement method described
in said Section 86-2.05C. All pull boxes shall be located behind the curb or at the locations shown
on the plans.
After conductors have been installed, the ends of conduits terminating in pull boxes, and in service
and controller cabinets shall be sealed with an approved type of sealing compound.
At locations where conduit is required to be installed under pavement and existing underground
facilities require special precautions, conduit shall be placed by the trenching method as provided
below.
At other locations where conduit is required to be installed by jacking or drilling as provided in
Section 86-2.05C; "Installation", of the Standard Specifications, and if delay to any vehicle will not
exceed three (3) minutes, conduit may be installed by the trenching method as follows:
TRENCHING INSTALLATION OF CONDUIT. Conduit shall be rigid non-metallic type.
Conduit shall be placed under existing pavement in a trench approximately 2 inches wider
than the outside diameter of the conduit to be installed. Trench shall not exceed 6 inches in
width. Conduit depth shall not exceed 12 inches or conduit trade -diameter plus 10 inches,
whichever is greater, except that at pull boxes the trench may be hand dug to required depth.
The top of the installed conduit shall be a minimum of 9 inches below finish grade.
In areas where additional pavement is to be placed, trenching installation shall be completed
prior to placing final pavement layer.
The outline of all areas of pavement to be removed shall be cut to a minimum depth of 3
inches with a rock cutting excavator specifically designed for this purpose. Cuts shall be
neat and true with no shatter outside the removal area.
The conduit shall be placed in the bottom of the trench and the trench shall be backfilled
with commercial quality concrete, containing not less than 564 pounds of cement per cubic
yard. Concrete backfill shall be placed to the pavement surface except, when the trench is
in asphalt concrete pavement, the top 0.10 -foot shall be backfilled with asphalt concrete
produced from commercial quality paving asphalt and aggregates.
Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-
4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and
compacting of asphalt concrete shall be performed by any method which will produce an
asphalt concrete surfacing of uniform smoothness, texture, and density.
All excavated areas in the pavement shall be backfilled, except for the top 0.10 -foot, by the
end of each work period.
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Where 6 or more 3 -inch conduits enter a No. 6 pull box, the conduits shall enter at an angle not
greater than 45 -degrees from the horizontal.
10-3.06 PULL BOXES. Grout shall not be placed in bottom of pull boxes.
The third paragraph of Section 86-2,06C."Installation and Use" of the Standard Specifications is
amended to read:
Where the sump of an existing pull box is disturbed by the Contractor's operations. the sump
shall be reconstructed.
Pull boxes for circuits shall not have the "CALTRANS" cover marking.
No. 3-1/2 pull boxes shall not be used. Where Standard Plans indicate No. 3 '/2 pull boxes, the No.
5 pull boxes shall be used.
10-3.07 CONDUCTORS AND WIR1NO. Splices shall be insulated by "Method B".
Signal cable shall not be used.
10-3.08 SERVICE. All overlapping exterior seams and doors shall meet the requirements for Type
3R enclosures specified in the NEMA Enclosure Standards.
10-3.09 CONTROLLER CABINET TESTING AND PICK-UP. New traffic signal controller
assemblies shall be tested at City expense. by:
Signal Maintenance Incorporated (SMI)
3395 Viso Court
Santa Clara, CA 95050
The Contractor shall include the cost of pick-up of the controller cabinet at SMI in the contract lump
sum price for traffic signal modifications.
10-3.10 TYPE 90 CONTROLLER ASSEMBLIES,
TYPE 90 CONTROLLER ASSEMBLY
TO BE CITY -SUPPLIED
10-3.11 VEHICLE SIGNAL FACES AND SIGNAL HEADS. All lamps for traffic signal units
shall be Contractor furnished.
The third paragraph in Section 86-4.01A, "Optical Units," of the Standard Specifications is amended
by adding the following:
At the Contractor's option, a single piece formed metal reflector/ring holder may be
furnished.
When a plastic backplate requires field assembly, it shall be joined with at least four No. 10 machine
screws at each field assembled joint. Each machine screw shall be provided with an integral or
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captive flat washer, a hexagonal head slotted for a standard screwdriver, and either (1) a locking not
with an integral or captive flat washer, or (2) a not, flat washer and lockwasher. Machine screws,
nuts and washers shall be stainless steel or'',steel with a zinc or black oxide finish.
10-3.12 PEDESTRIAN SIGNALS. Pedestrian signals shall be Type A.
Type SP -1-T mountings shall have a lower mounting bracket attached to the pedestrian signal
housing in the same manner as the SP -2-T mounting.
10-3.13 DETECTORS. All new detectors shall be delay/extension type.
At the Contractor's option, where a Type A loop is indicated on the plans, a Type E loop may be
substituted.
The diameter and spacing of the Type E detector loops, shown on Standard Plan ES -5B, is changed
to 6 feet and 10 feet, respectively. The sides of the slot shall be vertical and the minimum radius
of the slot entering and leaving the circular part of the loop shall be 1 '/ inches. Slot width shall be
a maximum of 3/4 inch. Loop wire for circular loops shall be Type 2. Slots of circular loops shall
be filled with elastomeric sealant or hot melt rubberized asphalt sealant.
Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or
lanes occupied by traffic and shall be removed from the pavement surface.
Slots shall be filled with asphaltic emulsion sealant.
Slots in asphalt concrete pavement shall be
filled with asphaltic concrete sealant as follows:
After conductors are installed in the slots cut in the pavement, paint binder (tack coat) shall
be applied to all vertical surfaces of slots in accordance with the provisions in Section 39-
4.02, "Prime Coat and Paint Binder (Tack Coat)," of the Standard Specifications.
Temperature of sealant material during installation shall be above 70° F. Air temperature
during installation shall be above 50° F. Sealant placed in the slots shall be compacted by
use of an 8 inch diameter by 1/8 inch thick steel hand roller or other tool approved by the
Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor
coverage shall be one inch. Excess 'sealant remaining after roller shall not be reused. On
completion of rolling, traffic will bel permitted to travel over the sealant.
Where one detector consists of a sequence of 4 loops in a single lane, the front loop closest to the
limit line or crosswalk shall be Type D and located one foot from the line. All loops shall be
connected in series.
10-3.14 MODULATED LIGHT SIGNAL (DETECTION SYSTEM. The modulated light signal
detectors shall be provided by the City. Contractor shall supply/install optical detector cable and
install City supplied optical detectors.
A. Cable. Optical detector cable shall meet the requirements of IPCEA-S-61-402/NEMA WC
5, Section 7.4, 600 volt control cable, 75 degrees C., Type B, and the following:
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1. The cable shall contain 3 conductors, each of which shall be No. 20 (7x28) stranded,
tinned copper with low -density polyethylene insulation. Minimum average
insulation thickness shall be 25 mils. Insulation of individual conductors shall be
color coded: I - yellow, 1 - blue, 1- orange.
2. The shield shall be either tinned copper braid or aluminum polyester film with a
nominal 20 percent overlap. Where the film is used, a No. 20 (7x28) stranded,
tinned, bare drain wire shall be placed between the insulation conductors and the
shield and in contact with the conductive surface of the shield.
3. The jacket shall be black polyvinyl chloride with minimum ratings of 600 volts and
80 degrees C. and a minimum average thickness of 45 mils: The jacket shall be
marked as required by IPCEA/NEMA.
4. The finished outside diameter of the cable shall not exceed 0.35 -inch.
5. The capacitance, as measured between any conductor and the other conductors and
the shield , shall not exceed 48 picofarads per foot at 1000 Hz.
6. The cable run between each detector and the controller cabinet shall be continuous
without splices or shall be spliced only as directed by the detector' manufacturer.
10-3.15 LUMINAIRES. Luminaires mounted on traffic signal standards shall conform to the
provisions in Section 86-6.01, "High -Intensity -Discharge Luminaires" of the Standard Specifications
and these Special Provisions.
Two hundred watt (200W) high pressure sodium luminaire with integral regulated type ballasts shall
be provided by the Contractor.
Luminaires shall be H.P.S. with Type III light distribution for multiple operation, equipped with
photoelectric twist -lock type receptacle and photoelectric control. The reflector shall be removable
and highly specular.
10-3.16 INTERNALLY ILLUMINATED STREET NAME SIGNS. Internally illuminated street
name signs shall be Type A. Sign face to be overlayed with diamond grade reflective sheeting or
equivalent.
10-3.17 REMOVING. REINSTALLING OR SALVAGING ELECTRICAL EOUIPMENT.
Salvaged electrical materials shall be hauled to the City of San Mateo Corporation Yard and
stockpiled.
The Contractor shall provide equipment, as necessary, to safely unload and stockpile the material.
A minimum of two working days notice shall be given prior to delivery.
10-3.18 PAYMENT The contract lump sum price for "Traffic Signal" shall include all traffic
signal equipment, poles, detectors and all other related equipment to provide a complete and
functional operating intersection as shown on the plans, with the exception of the controller cabinet
and EVP devices which will be City-supplied/Contractor-installed. The Contractor's attention is
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directed to Section 10-3.09, 3.10, and 3.14 and the plans with regard to City -supplied
materials/equipment.
Full compensation for hauling and stockpiling electrical materials shall be considered as included
in the lump sum for "Traffic Signal Modifications," and no additional compensation will be allowed
therefor.
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APPENDIX I
CONCAR DRIVE AND S. GRANT STREET
I RAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
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 , 1996.
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 forbids 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:
CONCAR DRIVE AND S. GRANT STREET
TRAFFIC SIGNAL MODIFICATIONS
CITY PROJECT NO. 09-90-52.32
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.
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3. The Contract Documents The complete contract consists of the following
documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the
Contract Book which includes the Special Provisions and Contract Drawings, Addendums Number
issued to the Contract Book, the State of California, Department of Transportation, Standard
Specifications, July, 1992, the Faithful Performance Bond, and the Labor and Material Bond.
All rights and obligations of City and Contractor are fully set forth and described in the
contract documents.
All of the above -named documents are intended to cooperate, so that any work called for in
one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all
said documents. The documents comprising the complete contract will hereinafter be referred to
as "the contract documents". In the event of any variation or discrepancy between any portion of
this agreement and any portion of the other contract documents, this agreement shall prevail. The
precedence of the remaining contract documents will be as specified in the Contract Book,
4. Schedule. All work shall be performed in accordance with the schedule provided
pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore provided,
City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the
sureties shall have the right to take over and perform the agreement, provided, however, that if the
sureties, within 5 days after giving them said notice of termination, do not give City 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
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cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after
the expiration date in effect on the date of advertisement for bids.
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In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date
which are in effect on the date of advertisement for bids, such determinations remain in effect for
the life of the project. Prevailing wage determinations which have double asterisks (**) after the
expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and
employer payments to be paid for work performed after this date have been predetermined. If work
is extended past this date, the new rate must be paid and should be incorporated in contracts the
Contractor enters into.
A copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials
in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in
force.
8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence font, with a limit of not less
than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply
separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and
non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and
volunteers as additional insureds with respect to this Agreement and the performance of services in
this Agreement. The coverage shall contain no special limitations on the scope of its protection to
the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its
officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy
endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City
Attorney's office.
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9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold harmless and
indemnify City of San Mateo and its officers and employees from and against any and all claims,
loss, liability, damage, and expense arising from performance of this contract, including claims, loss,
liability, damage, and expense caused or claimed to be caused by passive negligence of City of San
Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees
thereagainst; provided, however that this provision does not apply to claims, loss, liability, damage
or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b)
the active negligence of City of San Mateo; further provided, that this provision shall not affect the
validity of any insurance contract, workers compensation or agreement issued by an admitted insurer
as defined by the Insurance Code.
10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and
in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost
bill) by prevailing party in any action or actions to enforce the provisions of this contract. The
above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court,
or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that
neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising
out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope
there will be no litigation and that any differences will be resolved amicably.
11. Mediation. Should any dispute arise out of this Agreement, any party may request
that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request.
The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties
shall each submit one name from mediators listed by either the American Arbitration Association,
the California State Board of Mediation and Conciliation, or other agreed -upon service. The
mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed
the prevailing party. No party shall be permitted to file a legal action without first meeting in
mediation and making a good faith attempt to reach a mediated settlement. The mediation process,
once commenced by a meeting with the mediator, shall last until agreement is reached by the parties
but not more than 60 days, unless the maximum time is extended by the parties.
12. Arbitration. After mediation above, and upon agreement of the parties, any dispute
arising out of or relating to this agreement may be settled by arbitration in accordance with the
Construction Industry Rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of
arbitration shall be borne equally by the parties.
13. Provisions Cumnlativ ,. The provisions of this agreement are cumulative, and in
addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by
certified mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature
block below.
15. Interpretation. As used herein any gender includes each other gender, the singular
includes the plural and vice versa.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove
named, as of the day and year first above written.
CONTRACTOR CITY OF SAN MATEO, a
municipal corporation
By:
MAYOR
ATTEST:
(Typed Name of Person Signing) CITY CLERK
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