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HomeMy Public PortalAboutConcar Drive and S. Grant Street Traffic Signal Modifications1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 t 1 1 1 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 1 (:\a_contrskncrgrt2.cca 2 December 20, 1995 1 I1 1 1 11 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 f:'s centrekncrgtt2.cca 3 December 20, 1995 1 1 1 I 11 1 I 1 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 f:\a contrslcncrgrt2.cca 4 December 20, 1995 1 I I I 1 1 1 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 f:\a contrs\cncrgrt2.cca 5 December 20, 1995 1 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) CONCAR DRIVE AND S. GRANT STREET TRAFFIC SIGNAL MODIFICATIONS 1 I I 1 I 1 1 CITY PROJECT NO: 09-90-52.32 ITEM NO. DESCRIPTION OF WORK EST. QTY. UNIT UNIT PRICE TOTAL COST 1 Traffic Control I LS $ $ 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) $ fAa_contrsknergrt2.cce 6 December 20, 1995 1 1 I 1 I 1 1 1 I 1 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 fAtcontrs\cncrgrt2.cca 7 December 20, 1995 I 1 I I I 1 I 1 I I 11 1 I I 1 i I 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. L\a_contrs\cncrgrt2. cca 8 December 20, 1995 BIDDER'S STATEMENT (con't) SHEET 2 OF 3 (To be submitted with Proposal Form) 1 I 1 1 1 I 1 I I 1 1 1 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. f:\a_contrs\cncrgit2.cce 9 December 20, 1995 I U I I I U i I I I 1 I I U I 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) I f:M contrs\cncrgrt2.cca 10 December 20, 1995 I I I I I I I I 1 I I 1 I I I I 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 a_contrsk ncrgr12. cca II December 20, 1995 I I I I p I I I I r I 1 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 f \a_contrslcncrgt2.cca 12 December 20, 1995 I I I I I I I I 1 I I 1 I I I 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. f:1a_contrskncrgrt2.cca 13 December 20. 1995 r I I I I I r r 1 I I 1 I 1 I 1 I 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. f:1a_contrskncrgn2.cca 14 December 20, 1995 I I 1 I I i f I I 1 I I I 1 I 1 I I ,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. f:\a_contrs\cncrgrt. cca 15 December 20. 1995 • I a I I I I I I I 1 I I I I I r 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. 'ha _contrskncrgft2. cca 16 December 20, 1995 1 I 1 I I I I I I I 1 1 r I I 1 p 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. f:\a_contrs\cncrgrt2.cce 17 December 20, 1995 I I I I r I I I I 1 I I I 1 I I 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. f:\a_contrs\cncrgr12.cca 18 December 20, 1995 I 1 I I r I I I I 1 I I I I I1 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. fAa_contrskncrgn2. cca 19 December 20. 1995 1 I I I I I I I I 1 I I I I 1 I I 1 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. fAe_contrskncrgnr2. cce 20 December 20, 1995 I I 1 I I 1 I 1 1 I I I I I I I 1 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. f:\a_contrs\cncrgrt2.cca 21 December 20. 1995 I I I I I I I I I I 1 I I I I 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. f:\a_contrs\cncrpt2.cce 22 December 20, 1995 I I 1 I I I I I I I I 4 I I 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. f:\a_contrAcncrgrt2.cca 23 December 20. 1995 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, C1a conhskncrpl2.cca 24 December 20. 1995 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 I I r I I I I I I r I I I 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. f:\a contrskocrgrt2.cca 25 December 20, 1995 I r I I I I r I 4 I I 1 I I I I 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. L\a_contrskncrgrt2.cca 26 December 20, 1995 r 1 I 1 I I I I I r r 1 I I I 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 f\a_contrs\cncrgrt2.cca 27 December 20, 1995 1 I I I I I *I 1 I I I I I 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. f Na_contrskncrgrt2.cca 28 December 20, 1995 1 1 I I 1 1 I II I I I I I I I i I 1 1 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. f:1a_contr& cncrgrt2.cca 29 December 20, 1995 1 1 1 1 I 1 1 I 1 1 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. l:\ a_contrskncrgrt2.cca 30 December 20, 1995 1 1 1 1 I 1 I 1 1 I 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. f:\a conuskncrgrt2.cca 31 December 20. 1995 1 I 1 1 1 1 1 1 1 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 F\e contrs\cncrgrt2.eca 32 December 20, 1995 1 I 1 1 i 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 f:\a_contrs\cncrgrt2. cca 33 December 20. 1995 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 f:'ncontra encrgn2.cca 34 December 20, 1995 1 I 1 1 1 I 1 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. f: \a_contrslcncrgrt2. cell 35 December 20, 1995 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. I 1 I 1 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. f:\a_contrs\cncrgrt2. cce 36 December 20. 1995 1 1 I I 1 I 1 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 Flticonhskncrgrt2. cca 37 December 20, 1995 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: @'a_contrs\cncrgrt2. cca 38 December 20, 1995 1 I I I 1 I 1 1 I I 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 f:\a contrs cncrgrt2.cca 39 December 20, 1995 1 1 I 1 1 1 1 I 1 1 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. f:l&contrs\cncrgrt2. cce 40 December 20, 1995 I I I I M i I I 1 I 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. fAa_contrs\cncrgrt2.cca I December 20, 1995 I I I 1 I I r r I 1 I 3. The Contract Documents The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendums Number issued to the Contract Book, the State of California, Department of Transportation, Standard Specifications, 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 f k_contrslcncrgr12.cca 2 December 20, 1995 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. I i I I I I I I I1 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. fda_conlrslcncrgrt2. cca 3 December 20, 1995 1 I I I I I I 1 I I t I I 9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees thereagainst; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. 10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 12. Arbitration. After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. 13. Provisions 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. F.1a contrskncrgr12.cca 4 December 20, 1995 I I I I I I I I I I I I I I f I I I I 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 f9a_contrs\cncrgrt2.cca 5 December 20, 1995