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HomeMy Public PortalAbout1991-1992 Resurfacing & Street and Storm Drain Improvements®J It CITY OF SAN MATEO STATE OF CALIFORNIA CONTRACT BOOK 1991 - 1992 RESURFACING ■ STREET AND STORM DRAIN IMPROVEMENTS TO BE USED IN CONJUNCTION' WITH APWA - AGC Standard Specifications for Public Works Construction, 1991 PROJECT NO. DATE 90 - 89.10 SEPT 1991 PUBLIC WORKS DEPARTMENT 330 W. 20th Avenue San Mateo,Califomia 94403 Telephone 0415) 377-3315 I 1 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 1991 - 1992 RESURFACING STREET AND STORM DRAIN IMPROVEMENTS TO BE USED IN CONJUNCTION WITH APWA - AGC Standard Specifications for Public Works Construction, 1991 PROJECT NO. 90 - 89.10 DATE SEPT 1991 PUBLIC WORKS DEPARTMENT 330 W. 20th Avenue San Mateo, California 94403 Telephone (415) 377-3315 " NOTICE INVITING SEALED PROPOSALS 1990--91 ANNUAL. STREET RESURFACING AND STREET IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for base failure repair, overlay, and associated street improvements and other work as shown on the Contract Drawings No. 1-19-126 and 3-1-893 and as described in this Contract Book and the APWA-AGC Standard Specifications for Public Works Construction, 1988 Edition. 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 nonrefundable fee of $10.00 per set is required. Any questions regarding the contract documents should be directed in writing to Peter 7. Boyle at the above. address. 3. The estimated construction cost of this project is $290,000. 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 he shall comply with the requirements for Affirmative Action as set forth in Special. Provisions SP --7-2.3.1 through SP -7-2.3.9. 6. The time_of completion for this contract shall be thirty (30) working days, beginning from the date of the Notice to Proceed. 7. 7'he 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. The general prevailing rate of wages applicable to the work to be done is as shown on the Prevailing WageScale- General on file in the office of the City Clerk. The Contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations will be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids. The Contractor is required to post the latest wage determination at the job site. 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., March 21, 1991, and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 1007p/22 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 it records the Notice of Completion. However, pursuant to Government Code §4590, the Contractor may substitute securities for said ten percent (10%) retention. The provisions of §4590 are hereby expressly made a part of the contract. Dated: February, 1991 /s/ JANE M. POWELL, MAYOR 1007p/22 —3— 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA PROPOSAL FORM TO THE HONORABLE CITY COUNCIL CITY OF SAN MATEO, CALIFORNIA DEAR COUNCILMEMBERS: FOR THE TOTAL SUM OF computed from the unit and/or (use figures only) 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 APWA—AGC Standard Specifications for Public Works Construction, 1988 Edition. This proposal is submitted in conformance with the requirements of the APWA—AGC Standard Specifications for Public Works Construction, 1988 Edition, and is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS (1 sheet) and BIDDER'S STATEMENT (2 sheets). 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 ( ) 1007p/22 1990-91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location A. Delaware Street, 19th to 25th Avenue Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 8,200 S.F. $ 2. Grind Gutter Key & Conform 2,340 L.F. $ Remove Exisiting 3. Thermoplastic $ 1 Job L.S. $ $ 4. A.C. Leveling Course 5 TON $ __ 5. 0.1' A.C. Overlay in— cluding Tack Coat 122,140 S.F. $ $ 6. Raise M/H 4 EA. $ 7. Raise Water Valves 2 EA. $ $ 8. Raise Monuments 1 EA. $ Furnish & Install 9. 12" White Thermop]_astc 304 L.F.---$ Furnish & Install 10. "Keep Clear" Thermoplastic 7 EA. $ Furnish & Install 11. Thru Arrow Thermoplastic 5 EA. $,-__—___- 12. Furnish & Install Rt. Turn & Thru Arrow Thermoplastic 5 EA. $ AL 13. Furnish & Install Left Turn _..._ Arrow Thermoplastic 3_-- EA, $ Furnish & Install 14. Rt. Turn Arrow Thermoplastic 3 EA. $ L. Furnish & Install 15. "ONLY" Legend 6 EA. ....$ $ 16. Remove & Replace Yellow Traffic Control Buttons 970 E.A. 17. Remove & Replace Yellow Traffic Control Reflectorized Buttons 230 EA. $ $ 18. Remove & Replace White Traffic Control Buttons 758 EA. $ $ 19. Remove & Replace White Traffic Control Reflectorized Buttons. 188 EA. $ $ 20. Remove & Replace Blue Fire Hidrant Buttons 3 EA. $_—__ $ 21. Furnish & Install Loop Detectors (Type A) 22. Furnish & Install CityMonument $ $ 1007p/22 8 EA. EA. TOTAL Location A $ 1990-91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location B. Edison Street, 37th to 38th Avenue Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 3,723 S.F. $ 2. Grind Gutter Key & Conform 1,450 L.F. _1 3. 0.1' A.C. Overlay in— cluding Tack Coat 16,800 S.F. $ 4, Remove Existing Thermoplastic 1 Job L.S. $ $ 5. Furnish & Install $ 12" White Thermoplastic 130 L.F. $ $ 6. Furnish & Install °STOP"_LegendTherm lastic._...._.._.__--Z--- EA, _-- ___,--------. . 7. Furnish & Install Parking StallThermoplastic-_---_—_2.7 EA. $ $ 8. Remove & Replace Yellow Traffic Control. Buttons 9, Remove & Replace Yellow Traffic Control Reflectorized Buttons 26 EA. $ 10. Remove & Replace Blue Fire HydrantButtons 1 EA. 1$ 11. Furnish & Install Stop_.Bar_7_hermoplastic 1.0._.__...- EA.— $ TOTAL Location B $ 1007p/22 1990--91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location C. Bermuda Drive: Delaware to Grant Street Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 2. Grind Gutter Key & Conform 3. 0.1' A.C. Overlay in— cluding Tack Coat 4. Remove Existing Thermoplastic 3,010 S.F. $ $ 1,682 L.F. 35,600 S.F. $ $ $ $ 1 Job L.S. $ $ 5. Raise M/H to .Grade 2 EA. $ $ 6. Furnish & Install 12" White Thermoplastic 110 L.F. $ 7. Furnish & Install 6" White _Thermoplastic---------,-,--65--.._...___L.F.,----..—__--_— $ 8. Furnish & Install Left Turn Arrow Thermoplastic 1 EA. 9. Furnish & Install Rt. _Turn Arrow Thermoplastic 1 EA. $ 10. Furnish & Install __Stop Legend_ Thermoplastic 11. Furnish & Install 12" Yellow The plastic 100 L.F. 12. Remove & Replace Yellow Traffic Control Buttons 32 EA, 13. Remove & Replace Yellow Traffic Control Reflectorized Buttons 5 EA. $ 14. Remove & Replace Blue F.H. Button 15. Furnish & Install Loop_Detectors Type Q 8 EA_ $ $ 1 EA. $ $ $ $ $ TOTAL Location C $ 1007p/22 _ 1990 -.91 -STREET RESURFACING AND REPAIR Schedule of Bid Items Location D. Norfolk Street, Hillsdale Boulevard to Flint Street Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 2. Grind Gutter Key & Conform 3. Remove Existing Thermoplastic 4. 0.1' R.C. Overlay in- cluding Tack Coat 5. Raise M/H 5,350 3 600 1 Job 76,000 9 S.F. L.F, $ L.S. S.F. EA. $ 6. Raise Water Valves 12 EA. 7. Furnish S. Install —_.- 12" White Thermoplastic _-- 330_ 8. Furnish & Install 8" White Thermoplastic 2.00—_,— L.F. 9. Furnish & Install _-. 6" WhiteThermoalastic 2500 L.F. 10. Furnish & Install "Bike Lane" w/Arrow 5 EA. $ 11. Furnish & Install _ Left Turn ArrowThermoplastic 7 12. Furnish & Install Rt. Turn & Thru, _ Arrow Thermoplastic _ 3 13. Furnish & Install Right Turn, —..._ Arrow Thermop-lastic_.,.__,_.___._...__.._.-................3.. 14. Furnish & Install "PED XING" LegendThermoplastic 2 EA. 15. Remove & Replace Yellow Traffic _._.-..__..._._. Control Buttons 665 16. Remove & Replace Yellow Traffic Control Reflectorized Buttons 131 17. Remove & Replace White Traffic Control Buttons 152 EA. $ ER__ EA _ _ $ EA. 18. Remove & Replace White Traffic Control Reflectorized Buttons 52 EA. 19. Remove & Replace Blue Fire Hydrant Buttons 3 20. Furnish & Install Loop Detectors 6x6' Type A 6x50' Type C 6x30' Type C 1007p/22 3 1 1 EA. EA. EA. EA. $ $ $ I $ $ $ $ $ TOTAL Location 0 $ 1990--91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location E. Intersection Hillsdale Boulevard & Norfolk Street Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Grind Intersection 2. Furnish & Install Leveling Course 3. 0.1' R.C. Overlay in— cluding Tack Coat 4. Furnish & Install Loop Detectors 6x50 Type C 1 Job L.S. 30 TON 13,200 S.F. $ $ 3 EA. $ $ 5. Provide Traffic Control 1 Job 1007p/22 L.S. $ _ TOTAL. Location E $_ 1990-91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location F. Roberta Drive at Eisenhower Street Item Description Estimated Unit Total Amount No. of Work ,(uantity Unit Price of Item 1. Remove & Replace Curb & 3' Gutter 2. Remove & Replace Sidewalk 410 S.F. $ $ 3. Remove & Replace D/W Approach 4. Remove & Replace D/W Driveway 104 L.F. $ $ 5. Construct G-3 Catch Basin 6. Furnish & Install Type B-9 ChristiStorm Drain Box 1 EA. _ „ $ 7. Furnish & Install 15" Polyethylene Storm Drain Line 33 L.F. $ 112 S.F. $ 224 S,F. $ $ 1 EA. $ B. Furnish & Install 8" Polyethylene Storm Drain Line B L.F. $ $ 9. Connect New 15 Storm Drain Line toE;xistingStorm Drain 1Job L•S, $ --_ 10. Plug Existing Storm -Drain & Abandon existiniCatchBasin 1 Job L.S. I1_ Adjust City_Monumentto Grade I Job L _S_ _ $ 12. Adjust Sprinkler stem to Grade 1.._Job L.S. $ -- -- $ 13. Supply, Place & Grade Topsoil --_.................._.._....... - -1_ Job _..._._....._L.S---$ $ 14. Place Leveling Course & Pave Street at Direction of Engineer 1 Job L.S. TOTAL Location F $ 1007p/22 1990-91 STREET RESURFACING AND REPAIR Schedule of Bid Items Location G. Pasadena Drive: Santa Clara Drive to E. 39th Avenue Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 2,000 S.F. $ $ 2. Grind Gutter Key & Conform 3,910 L.F. $ $ 3. Remove Existing Thermoplastic 1 Job L.S. $ $ 4. 0.1' A.C. Overlay in— cluding Tack Coat 59,400 S.F. $ $ 5. Raise M.H. 23 EA. $ $ 6. Raise Water Valves 4 EA. 7. Raise Force Main Valve Cover 2 EA. 8. Furnish & Install Thermo -plastic "STOP" Legend 4 EA. 9. Furnish & Install 12" White Thermoplasti..c. Stop_. Bar ,60 L.F. $ 10. Adjust City Monument Cover to Grade 11. Furnish & Install Blue Firhydrant Buttons 4 EA. $ $ EA. $ --s $ TOTAL Location G $ GRAND TOTAL *(LOCATIONS A TO G) $4______ *Enter this total on Proposal Form. 1007p/22 —11— 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS LIST OF SUBCONTRACTORS 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 Government Code of the State of California, set forth the following: 1. Name and address of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or the improvement in an amount in excess of one -•half (1/2) of one percent (1%) of the general contractor's total bid. 2. The portion and dollar amount of work which will be done by each subcontractor. NAME ADDRESS (if none, insert the word "none") 1007p/22 SPECIFIC WORK $ DOLLAR AMOUNT $ 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS The undersigned has carefully read the APWA--AGC Standard Specifications for Public Works Construction, 1988 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 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 _____, 1990, at California. The undersigned understands he must meet the requirements of Section SP -7-2.3 AFFIRMATIVE ACTION GUIDELINES 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 and certificates of insurance 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 receipt of the notice to proceed, and tocompletethe work under said contract within the specified number of working days from the date of the notice to proceed. 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. 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 BIDDER'S STATEMENT ---- SHEET 1 1007p/22 —13— 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS 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 thirty (30) 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; 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. SIGNATURES FOR BIDDER: If INDIVIDUAL, Sign Below Signature If CORPORATION, Sign Below (Show Names of Nonsigning Officers) Date A CORPORATION Post Office Address Name of State Where Chartered Signed If PARTNERSHIP, Sign Below (Show Names of Nonsigning Partners) PRESIDENT Date Name of Partners Signature SECRETARY Date Date TREASURER Date Post Office Address Post Office Address BIDDER'S STATEMENT --- Sheet 2 1007p/22 —14— 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS CERTIFICATE OF NONDISCRIMINATION On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regards to race, color, religion, sex or national origin; that all federal, state, and local directives and executive orders regarding nondiscrimination 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 certificate) Dated: 1007p/22 1990-91 ANNUAL STREET RESURFACING AND STREET IMPROVEMENTS CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE On behalf of the bidder making this proposal, the undersigned certifies that the Prevailing Wage Scale on file in the Office of the City Clerk will be paid to all craftsmen and laborers working on this project. A copy of the latest determination will be posted at the job site. Title of Project: 1990•-91 Annual Street Resurfacing & Street Improvement Bidder: By: (Name and Title of Person Making Certification) Date: Note: Contractor will be obligated, per federal requirements, to submit weekly pay sheets for federal verification. 1007p/22 11 t 1 1 1 11 CONTRACT BOOK 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA ***x* CITY COUNCIL AWARD CONTRACT DRAWINGS NO. 1-19-44 (5 sheets) TIME OF COMPLETION: _ 50 Working Days ***** CONTENTS NOTICE INVITING SEALED PROPOSALS PROPOSAL FORM SCHEDULE OF BID ITEMS LIST OF SUBCONTRACTORS BIDDER'S STATEMENT CERTIFICATE OF NONDISCRIMINATION CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE SPECIAL PROVISIONS PART I — GENERAL PROVISIONS PART II -- CONSTRUCTION MATERIALS PART III -- CONSTRUCTION METHODS STANDARD DRAWING AGREEMENT FOR PUBLIC IMPROVEMENT 1046p/28 1 NOTICE INVITING SEALED PROPOSALS 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA 1 1 1 1 1 1 1 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for base failure repair, overlay, storm drainage systems and associated street improvements and other work as shown on the Contract Drawings No. 1-19--44 and as described in this Contract Book and the APWA-AGC Standard Specifications for Public Works Construction, 1991 Edition. 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 nonrefundable fee of $15.00 per set is required. Any questions regarding the contract documents should be directed in writing to Peter J. Boyle at the above address. 3. The estimated construction cost of this project is $388,000.00. This estimate is not based on a "contractor's cost take off" of the project, but is derived from an averaging of costs for work on similar projects in the area of which the City is aware. This figure is given to indicate the relative order of magnitude of this project and is not intended to influence or affect in any way the amount bid for this project. 4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made payable to the City of San Mateo in an amount not less than ten percent (10%) of the aggregate amount of the bid. 5. The Contractor is notified that he shall comply with the requirements for Affirmative Action as set forth in Special Provisions SP -7-2.3.1 through SP -7-2.3.9. 6. The time of completion for this contract shall be fifty (50) working days, beginning from the date of the Notice to Proceed. 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. The general prevailing rate of wages applicable to the work to be done is as shown on the Prevailing Wage Scale - General on file in the office of the City Clerk. The Contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations will be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids. The Contractor is required to post the latest wage determination at the job site. 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., September 26, 1991, and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 1046p/28 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10. Said City Representative shall report the results of the bidding to the City Council at a later date,. at which Lime 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 it records the Notice of Completion. However, pursuant to Government Code §4590, the Contractor may substitute securities for said ten percent (10%) retention. The provisions of §4590 are hereby expressly made a part of the contract. Dated: September 1991 /s/ JANE M. HOWELL, MAYOR 1046p/28 3 1991--92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA PROPOSAL FORM TO THE HONORABLE CITY COUNCIL CITY OF SAN-MATEO, CALIFORNIA DEAR COUNCILMEMBERS: 1 11 1 1 1 FOR THE TOTAL SUM -OF computed from the unit and/or (use figures only) 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 APWA--•AGC Standard Specifications for Public Works Construction, 1991 Edition. This proposal is submitted in conformance with the requirements of the APWA—AGC Standard Specifications for Public Works Construction, 1991 Edition, and is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS (1 sheet) and BIDDER'S STATEMENT (2 sheets). 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 ( Z 1046p/28 4 1 1 1 1 1 r 1 1 1 1991--92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS Schedule of Bid Items Location A, Hillsdale Blvd.: Edison Street to Alameda de las Pulgas Item No. Description of Work 1. Base Failure Rer�air 2. Grind Gutter Key & Conform 3. Remove Ex Thermoplastic 4. Furnish & Install Petromat 5. Furnish and Install Tack Estimated Unit Total Amount Quantity Unit Price of Item 22 500 S.F. 5,500 L.F. 1 job L.S. 11,777 S.Y. Coat & 0.2' AC Overlay. 106,000 S.F. 6. Raise M/H to Grade 7. Furnish and Install Levelling Course 100 T $ 19 Ea. 8. Raise Monuments to Grade 7 Ea. 9. Furnish & Install 12" White Thermoplastic 672 L.F. 10. Furnish & Install 6" White Thermoplastic Bike Lane Furnish & Install 11. 12" Yellow Thermoplastic 843 L.F. 12. Furnish & Install Thermoplastic Bike Path Legend w/Arrows 7 13. Furnish & Install _ Thermoplastic "Ped Xing" Legend 2 Ea. $ 14. Furnish & Install Thermoplastic "STOP" Legend 9 Ea. $ 15. Furnish & Install Thermoplastic "Right turn" Arrow 3 Ea. $ 16. Furnish & Install Thermoplastic "Thru Arrow" 3 Ea. $ 17. Furnish & Install Thermoplastic "Left Turn" Arrow 3 Ea. $ 1 3100 L.F. $ $ $ 18. Remove & Replace Yellow Non—Reflectorized Buttons 19. Remove & Replace Yellow Reflectorized Buttons 20. Remove & Replace Blue Buttons Traffic Control 21. Furnish & Install Davidson Ea. $ 310 Ea. 103 Ea. 1 job L.S. $ Markers 200 Ea. 1046p/28 5 TOTAL $ $ I I I 1 1 11 1 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS Schedule of Bid Items Location B, Alameda de las Pulgas: 31st Ave. to Madera Drive Item No. 1, Description of Work Construct Modified State Type GO Drainage Inlet 2. Remove Existing Gutter & Curb & Construct Depressed Curb & Gutter 3. Replace Existing Catch Basin Grates 4, Remove ex Curb & Gutter & Replace w/new Curb & 18" Gutter 5. Remove & Replace ex 4" Median Conc. Pavement 6. Remove & Replace Curb & 6' Wide Gutter 7. Install & Backfill City Furnished Polyethylene 12" Storm Line (includes repaving) 8. Remove Concrete Median & Replace w/Topsoil (Various Locations) Estimated Quantity Unit 14 155 Ea. L.F. Unit Total Amount Price of Item L 10 Ea. 245 L.F. 1000 64 170 150 S.F. L.F. L.F. $ S.F. $ $ 9. Base Failure Repair 18,500 S.F. $ $ 10. Grind Gutter Key & Conform 5,400 L.F. __ $ 11. Remove Ex. Thermoplastic 1 Job L.S. $ $ 12. Furnish and Install Levelling Course 13. Furnish and Install Tack Coat & 0.1' AC Overlay 14. Raise Man hole to Grade 15. Raise Water valve to Grade 16. Furnish & Install 12" White Thermoplastic 17. Furnish & Install 12" Yellow Thermoplastic 18. Furnish & Install Thermoplastic "STOP" Legends 12 19. Remove & Replace White Non— Reflectorized Traffic Control Buttons 100 59,850 3 T $ S.F. Ea. Ea. 1- $ $ 420 438 20. Remove & Replace White Reflectorized Traffic Control Buttons 21. Remove & Replace Blue Fire Hydrant Buttons 300 100 L.F. L L.F. $ Ea. $ Ea. $ Ea. 4 Ea. 1046p/28 6 $ $ $ $ $ $ 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS Schedule of Bid Items Location B Alameda de las Pulgas: 31st Ave. to Madera Drive (continued) Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 22. Furnish & Install Davidson Markers 115 Ea. AL 23. Remove existing curb and mutter at location #14 255 S.F. $ 24. Construct curb and gutter at location #14 (curb height = 6" to 11 1/2", gutter width = 2'-0") 40 L.F. I IL_., 25, At location #14, remove existing street section as necessary and construct 3" R.C./8" A.B. 550 S.F. $ $ TOTAL $ 1046p/28 7 1 1 1 1 r I 1 1 1 1 1 1 1 1 I 1 i 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS Schedule of Bid Items Location C. 16th Ave. Between El Camino & Palm Ave. Item Description Estimated Unit Total Amount No. of Work Quantity , Unit Price of Item 1. Construct Type E-3 Catch Basin 1 Ea. $ 2. Provide & Install "Fiberlite" Catch —Basin 1 Ea. $ $ 3. Remove & Re -place sidewalk 30 S.F. $ $ 4. Furnish & Install 8" P.V.C. Sch. 35 15 L.F. $ $ 5. Furnish & Install 15" R.C.P. Class 4 84 L.F. $ $ 1046p/28 8 TOTAL 1 1 1 i 1 1 1 1 i 1 1 1 1 1 1 1 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS Schedule of Bid Items Location D. City -Wide Base Failure Item Description Estimated Unit Total Amount No. of Work Quantity Unit Price of Item 1. Base Failure Repair 18 000 S.F. $ $ TOTAL $ 1046p/28 9 1 1 r 1 r 1 I 1 1 1 1 1 1 1 i 1 1 1991.92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS LIST OF SUBCONTRACTORS 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 Government Code of the State of California, set forth the following: 1. Name and address of the place of business of each subcontractor who will perform work or labor• or render• service to the general contractor• in or about the construction of the work or• the improvement in an amount in excess of one—half (1/2) of one percent (1%) of the general contractor's total bid. 2. The portion and dollar• amount of work which will be done by each subcontractor•. DOLLAR NAME ADDRESS SPECIFIC WORK AMOUNT (if none, insert the word "none") 1046p/2B 10 $ $ I 1 I I I I 1 1 1 1 I I I 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS The undersigned has carefully read the APWA-AGC Standard Specifications for Public Works Construction, 1991 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 California as a Contractor, that the license number and class is Class Pursuant to Business and Professions Code declare -under penalty of perjury that the contained in the bid for the above titled that this declaration is made on this , California. licensed by the is now in force ( ), and the Section 7028.15 I, foregoing and the statements project are true and correct and day of _ __, 1991, at State of and that the expiration date is The undersigned understands he must meet the requirements of Section SP -7-.2,3 AFFIRMATIVE ACTION GUIDELINES 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 and certificates of insurance 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 receipt of the notice to proceed, and to complete the work under said contract within the specified number of working days from the date of the notice to proceed. If the unit price and the agree, it will be assumed amount and the unit price bidder's intention. total amount named by a bidder for any item do not that the error was made in computing the total alone will be considered as representing the Unit prices bid must not be unbalanced. 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 BIDDER'S STATEMENT --- SHEET 1 1046p/28 11 I I 1 I I I I I I 1 I 1 I 1 I I 1 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS 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 thirty (30) 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; 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. SIGNATURES FOR BIDDER: If CORPORATION, Sign Below If INDIVIDUAL, Sign Below (Show Names of Nonsigning Officers) Signature Date A CORPORATION Post Office Address Name of State Where Chartered Signed If PARTNERSHIP, Sign Below (Show Names of Nonsigning Partners) PRESIDENT Date Name of Partners Signature SECRETARY Date Date TREASURER Date Post Office Address Post Office Address BIDDER'S STATEMENT -- Sheet 2 1046p/2_8 12 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS 1 I I I 1 I 1 1 1 1 I 1 1 CERTIFICATE OF NONDISCRIMINATION On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regards to race, color, religion, sex or national origin; that all federal, state, and local directives and executive orders regarding nondiscrimination 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 certificate) Dated: 1046p/28 13 1991--92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE 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 paid to all craftsmen and laborers working on this project. 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 try to keep a copy of the current 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, Title of Project: 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS 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 Ave. P. O. Box 603 San Francisco, CA 94101 I 1046p/2B 14 ■ I I I 1 I I 1 I1 I I I I i 1 I 1991--92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS SPECIAL,_PROVISIONS CITY OF SAN MATEO, CALIFORNIA The work embraced herein shall be done according to the APWA--AGC Standard Specifications for Public Works Construction, 1991 Edition (hereinafter referred to as the Standard Specifications) and according to these Special Provisions. The Standard Specifications are in all other respects incorporated into and are a part of the contract, except where they conflict with these Special Provisions. The Special Provisions shall govern in lieu of conflicting provisions of the Standard Specifications, but shall in no way nullify nonconflicting portions of the Standard Specifications. Whenever the letters SP are used as a prefix in section numbering (e.g., SP -- 200.2) the sections so designated are in these Special Provisions and refer to modifications or additions to sections in the Standard Specifications which have the same first numbers (e.g., 200-2). PART 1 — GENERAL PROVISIONS SP -2-1 AWARD OF CONTRACT — The 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. SP --2-4 CONTRACT BONDS — Before execution of the contract by the Agency, the Contractor shall file with the agency surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide two acceptable surety bonds; one for labor and materials and one for performance. The "Payment Bond" (Material and Labor Bond) shall be for not less than 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. 1016p/28 15 1 I I I 1 I I 1 I I 1 I i SP --2-4.1 GUARFlNTEE — The Contractor warrants and guarantees that all material and equipment used or furnished and all workmanship are of the type and quality specified. herein. The Contractor further guarantees that any latent fault in construction or defective material discovered within one year after acceptance of the work shall be remedied by him without cost to the City, upon written notice given to him. Other subsequent latent defects shall be covered by responsibilities set forth in the law. In the event of failure to comply with the above —mentioned conditions within a reasonable time after notice, the City will have the defects repaired and made good at the expense of the Contractor, who agrees to pay the costs and charges therefore immediately upon demand. The signing of the agreement by the Contractor shall constitute execution of the above guarantees. The Faithful Performance Bond shall remain in full effect during the guarantee period and will not be released until the expiration of such period. SP -2-5 PLANS AND SPECIFICATIONS — The plans for this project are as follows: CONTRACT PLANS Title Drawinq_No. 1991-92 Resurfacing & Street & Storm Drain Igprovements 1-19-44 ,(5-,Sheetsi CITY STANDARD PLANS Title Drawinq_No. Standard Type B Manhole Frame & Cover 3--1-107 Standard Type "F-2" Catch Basin 3-1-122 Standard Type "E-3" Catch Basin 3-1-124 Standard Catch Basin Frame & Grate 3-1-125 apical Section Curb, Gutter & S/W 3-1-141 Standard Cast Iron Monument Frame, Cover & Riser Ring 3-1-143 SP -2-5.4 — Specifications for street lighting and traffic signals in PART 3 — Section 307, Construction Methods, of Standard Specifications for Public Works Construction, shall be deleted and the applicable portions of Section 86 of the State of California, Business and Transportation Agency, Department of Transportation, Standard Specifications dated January, 1988 shall be used in lieu. 1046p/28 16 SP -2--6 WORK TO BE DONE - The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish and install all materials, equipment, tools, labor, and incidentals necessary to complete the work. The work to be performed under this contract shall include, but not be limited to, the following: LOCATION A. 1. Saw cut, excavate to a depth of 8" and off -haul existing street section (at various locations existing street section may consist of a P.C.C. base with an A.C. overlay). 2. Replace street section with 8" of 1/2" dense graded R.C. compacted in two lifts. 3. Grind and off -haul gutter key and conforms to be a depth of 0.2' and a width of 6' . 4. Furnish & install Petromat, lip of gutter to lip of gutter. 5. Apply emulsified tack coat and overlay street with 0.2' of 1/2" dense graded A.C. 6. Adjust manholes, water valves, monuments to grade at the direction of the Engineer. 7. Remove and replace existing raised pavement markers within the limits of the base failure and/or overlay. 8. Remove as necessary existing thermoplastic and painted pavement markings such as but not limited to lane lines, pedestrian crossings, legends, and bike lanes impacted by base failure repair or overlay and replace with thermoplastic. Any existing pavement markings which are of paint shall be replaced with thermoplastic, 9. Furnish and install temporary "Davidson" traffic control markers. LOCATION B. 1. Remove and replace existing catch basins or construct new catch basins where none exist. 2. Remove and replace existing curb and gutter and concrete medians. 3 Remove and replace existing catch basin grates. 4. Install City provided 12 inch polyethylene pipes. Pipes are in stock at the City's compost site on East Third Avenue. Contractor shall cut the pipes to the required lengths, transport and install them at the jobsite in accordance to the plan. 5. Place and compact bedding and backfill material. 1046p/28 17 II I I I I I I I I i I V I I I I I I I 6. Saw cut, excavate to a depth of 8" and off —haul existing street section (at various locations existing street section may consist of a P.C.C. base with an R.C. overlay). 7. Replace street section with 8" of 1/2" dense graded A.C. compacted in two lifts. 8. Grind and off —haul gutter key and conforms to be a depth of 0.1' and a width of 6' . 9. Apply emulsified tack coat and overlay street with 0.1' of 1/2" dense graded A.C. 10. Pave with 1/2" dense graded A.C. trench cap. 11. Adjust manholes, water valves, monuments to grade at the direction of the Engineer. 12. Remove and replace existing raised pavement markers within the limits of the base failure and/or overlay. 13. Remove as necessary existing thermoplastic and painted pavement markings such as but not limited to lane lines, pedestrian crossings, legends, and bike lanes impacted by base failure repair or overlay and replace with thermoplastic. Any existing pavement markings which are of paint shall be replaced with thermoplastic. 14. Furnish and install temporary "Davidson" traffic control markers. 15. Remove and replace curb, gutter, asphalt pavement and base in location No. 14 LOCATION C. 1. Supply and/or construct storm catch basins, frames and grates. 2. Supply and install 8" and 15" storm lines. 3. Remove and replace existing curb, gutter and sidewalk. 4. Connect storm lines to catch basins and to existing stub at manhole. 5. Backfill, compact, cap and pave trench with 0.1 ft. 1/2" dense graded Asphalt Concrete. LOCATION D. At various locations throughout the City and at the direction of the Engineer, repair base failure as described in"Construction Methods." SP -2-6.1 EXAMINATION OF THE SITE — The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to befurnished and as to the requirements of the proposal, plans, specifications and contracts. 1046p/28 18 The bidder represents that he or she is fully qualified to perform this examination and review. I I i 1 I I I I I I I I I I I If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall note such a determination upon this bid form. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications. SP -2-9 SURVEYING — Staking of line and grade will be done by the City survey crew at no cost to the contractor once only. The Contractor shall notify the City 48 hours in advance when requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence will be charged to the contractor at the rate of $75.00 per man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence. Any appeal of this decision will be referred to the Public Works Commission. The Public Works Commission decision will exhaust the administrative procedures for appeal. SP -2-12 ATTORNEY FEES — Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, 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 $5000 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 $5000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved. amicably. SP -3-1.3 NOTICE OF POTENTIAL CLAIM — The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Section SP -3-1.3 shall not be a prerequisite as to matters within the scope of the Protest Provision in Section 6-7; "Time of Completion", in the Standard Specifications, nor to any claim which is based on differences in measurements or errors of computation as to contract quantities. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved; and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing or occurrence giving rise to the potential claim. It is the intention of this Section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. 1046p/28 19 I I I I I r t I I. 1 r I 1 SP --3_7.1 CHANGESINITIATED 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 $340,000.00 available for this project. The City shall have full authority and discretion to determine the decrease or increase in quantities required as well as the 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. SP -5-1 LOCATION OF UTILITIES - The Contractor's attention is directed to Section 5-1 of the specifications for Public Works Construction regarding the Contractor's responsibility for requesting utility companies' representatives to mark or otherwise indicate the location of their respective underground installations. At least forty-eight (48) hours prior to commencing work, the Contractor shall notify Underground Service Alert (USA) so that the various utility companies may field -mark said installations. Once the field marks are in place, the Contractor shall be responsible for all marked utilities damaged during construction or claims resulting from said damage. In addition, the City shall not be responsible for any unmarked utility damaged during construction or any claims resulting from this damage; except for damage to City of San Mateo utilities that -the City has not marked within forty-eight (48) hours after receiving notice from USA to do so and which were not marked at the time the damage occurred. SP -6-1 CONSTRUCTION SCHEDULE - After notification of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed construction schedule. The construction 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. SP -6-1.1 PRECONSTRUCTION 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. SP -6-6.5 DELAYS AND EXTENSIONS OF TIME - In the event that a disagreement shall arise between the City and the Contractor over Time of Performance as extended by the City due to an allowed suspension of work, the Contractor may request an extension from the City Council. Such requests shall be filed with the City Clerk, addressed to the City Council, at least twenty (20) days prior to the expiration of the Time of Performance as modified. The ruling of the City Council shall be final and conclusive. SP -6-7 TIME OF COMPLETION -- The Contractor shall prosecute and work to completion before the expiration of 50 working days. The City will furnish the Contractor weekly a statement of working days remaining on the contract. 1046p/28 20 I I I 1 1 1 I r .I I I 1 t SP-_6-9__i-IQUIDATED.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-un costs or lost revenue and by cost plus and 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 $100 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that liquidated damages shall not be construed as a penalty, and that the amount calculated by the City may be deducted from payments due the Contractor if such delay occurs. SP --6-11 - MEDIATION. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days or 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. SP -6-12 - ARBITRATION. After mediation above, and upon agreement of the parties, any dispute arising out of ur- relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered -in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. SP --7-2.2.1 HOURS OF LABOR - Construction operations beyond the eight -hour normal workday and on legal holidays may occur on occasion. The Contractor shall notify the City Engineer in writing twenty-four (21) hours prior to any nonemergency 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, SP -7-2,3 AFFIRMATIVE ACTION GUIDELINES - This section is the City's adopted Affirmative Action Program. 1046p/28 21 I I 1 I 1 1 I I I I I I I SP --7-2_3.1 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 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. SP --7-2.3.2 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 award may be to the lowest responsible bidder or other bidder. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the.quality of work that the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried by the bidder. SP -7-2.3.3 PREAWARD AFFIRMATIVE ACTION CONFERENCE - A preaward affirmative action conference will 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. 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. 3. The project is federally funded. 1046p/28 22 1 I I I I I i I I I I 1 I I Each potentially selected bidder and his subcontractors who meet the above conditions, will be expected to meet with the City at a preaward conference to be held prior to referral to the Council for consideration and award. SP -7-2.3.4 STANDARDS OF NONDISCRIMINATION A. The successful bidder and each subcontractor shall undertake affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex 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, D. In all advertisements for labor or..other personnel or requests fur employees of any nature, the successful bidder and each subcontractor -shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. In all hiring, the successful bidder and each -subcontractor shall make every effort to hire qualified workers from all races and ethnic groups. SP -7-2.3.5 CERTIFICATE OF NONDISCRIMINATION - Each bidder on any public works contract shall sign the certificate of nondiscrimination which is a part of the proposal form. Each subcontractor shall, prior to entering into a contract with -any successful bidder, execute and file with the City a certificate of nondiscrimination. SP -7-2.3.6 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 or 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. SP -7-2.3.7 AFFIRMATIVE ACTION BY PRIME CONTRACTORS -- At the preaward conference, 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 to become qualified workers. Such a plan will include practices with respect to: recruitment; employment; compensation; promotion or demotion; and selection fur 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. 1046p/28 23 1 1 I 1 1 1 1 1 1 1 B. File with the City evidence that he -has notified his supervisors, foremen, and 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, SP -7-2.3.8 AFFIRMATIVE 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 SP --7-2.3.7 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. SP -7-2.3.9 POSTING NOTICE OF AFFIRMATIVE ACTION AND NONDISCRIMINATION IN EMPIOYMENT - Each successful bidder shall post un the job site and in the field office or offices maintained by him, the notice provided by the City regarding Affirmative Action and Nondiscrimination in Employment. SP -7-2.4 PREVAILING WAGE AND WEEKLY PAYROLL SUBMISSION - The minimum compensation to be paid for labor upon all work performed under this contract shall be the general prevailing wage as determined by the Director of Industrial Relations of the State of California in force on the day the bid was announced, Contractor shall post a copy of the prevailing wage rate at the work site. Each contractor and subcontractor and any lower -tier subcontractor shall submit weekly payrolls for each workweek 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 workweek, he may either submit a payroll with the notation "no work performed during this workweek" 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 work days following completion of the workweek. SP -7-2.5 EMPLOYMENT OF APPRENTICES - Contractor shall be responsible for compliance with California Labor Code Section 1777,5 relating to employment of apprentices for all apprenticeable occupations when -the contract amount exceeds $30,000 or 20 working days or both. SP -7-3.1 LIABILITY INSURANCE - The Contractor shall provide and maintain: A. Commercial General Liability Insurance, occurrence version, 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. 10/6p/28 21 B. Automobile Liability Insurance, occurrence version, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired, and non -owned automobiles. C. Workers Compensation in at least the minimum statutory limits. 0. General Provisions for all insurance. All insurance shall: 1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as 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. I 1 1 1 1 1 1 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. SP -7--3.2 HOLD HARMLESS AND INDEMNITY PROVISION - Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees 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. SP -7-7 COOPERATION AND COLLATERAL WORK - The City of San Mateo, its workers and contractors, and others, have the right to operate within or adjacent to the 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. SP -7-9 PROTECTION AND RESTORATION OF EXISTING. IMPROVEMENTS .- The.Contractor shall repair or replace all existing improvements not designated for removal which are damaged or removed as a result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences, walls, signs,. pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and replaced to a condition equal to or better than the original condition. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be -included in the various bid items and no additional compensation shall be made by City. 1046p/28 25 SP -7-10.1 TRAFFIC AND ACCESS - The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen as described and specified in the State of California, Department of Transportation "MANUAL OF TRAFFIC CONTROLS -• For Construction and Maintenance Work Zones 1985 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 little inconvenience as possible to the abutting prop public. Convenient access to driveways, houses, and of work shall be maintained. Contractor• shall reques from City before any lane closures are implemented. ditches across a roadway shall be covered and guarded permit safe traffic flow during hours when no work is manner as to cause as erty owners or motoring buildings along the line t and obtain approval Open excavation and in such a manner as to being performed. SP -9-1 MEASUREMENT OF QUANTITIES - When payment for a work item is -to be made on a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed weigh -master's certificate showing gross, tare and net weight of each truckload of material. Certificates shall be delivered to the Engineer at the job site upon delivery of the material. SP• -9-3 PAYMENT SP -9-3.1 GENERAL - Except as directed otherwise in these specifications, full compensation for completing all of the work indicated on the plans and directed herein is -considered to be included in the contract unit prices paid for the various items of work and no separate payment will be made -therefor. SP -9-3.1 TEN PERCENT (10%) RETENTION - To ensure performance City is entitled to retain ten percent (10%) of the contract price for 35 days after it records the Notice of Completion. However, pursuant to Government Code §4590 the Contractor may substitute securities for said ten percent (10%) retention. The provisions of §4590 are expressly -made a part of the contract. SP -9-3.2 PARTIAL AND FINAL PAYMENTS - Contractor shall submit each month a "Monthly Progress Payment Request" in accordance with the schedule established at the pr•e-construction conference. Contractor shall use City's standard form for such requests and submit one original plus four copies of each request. 1046p/28 26 1 1 1 1 I 1 I 1991-92 RESURFACING AND STREET' AND STORM DRAIN IMPROVEMENTS SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA PART 2 - CONSTRUCTION MATERIALS SP -201-1.1.2 - P.C.C, concrete shall be 520--C--2500, 4" max. slump; 2500 psi at 28 days. SP --203-3_2 - Emulsified asphalt tack coat shall be SS -1h. The tack coat shall be diluted with nut more than 15% water by volume. SP -203--6.1 - Asphalt concrete surfacing shall be Type C -2 -AR -4000. Asphalt concrete fur leveling and base repairing shall be Type B--AR-4000. SP -210-1.1 - Thermoplastic paint shall be as shown in Section 210-1.6.1 "Thermoplastic." SP -212-1`1 - Topsoil shall be as shown in Section 212--1.1.3 "Class 8 Topsoil." SP -207-19 POLYETHYLENE PIPE -- Polyethylene pipes shall be supplied.by the City at the City's compost site on East Third Avenue. The Contractor shall cut the pipe to the required lengths, transport the pipes to the jobsite and install them as shown on plans. The pipes on stock are approximately 1275 inches 0.0. with wall thickness of 1/2 inch. SP -306-1.2.1 PIPE BEDDING - Pipe bedding shall be controlled density fill or sand slurry backfill conforming to the following design mix. Controlled Density Fill MATERIALS S.S.D.WEIGHTS (LEIS) VOLUME SCU.FT.) Cement 30 45 Fly Ash 300 2.05 Water 283 4.53 Pea Gravel 1085 6.49 top Sand 1295 7.78 Blend Sand 315 1-.85 Air 15% 4.05 TOTAL 3308 27.00 Sand Slurry Backfill MATERIALS S.S.D.WEIGHTS (LBS) VOLUME (CU.FT.) Cement (2 sacks) 188 .96 Water (36 gallons) 300 4.80 Admixture (Potz.300R) Air 1.08 Sand per ASTM C33 3000 18.50 TOTAL 3488 25.34 Pipe bedding shall be that material extending from the -sand subgrade of the trench to within 0.1' of the finish pavement. 1046p/28 27 I I 1 I SP --207,17 - 8" PVC Pipe shall be ASTM D3033 or ASTM D3034 as per Section 207.17.1 of the standard specifications. SP -207-2 - Reinforced Concrete Pipe shall be as shown n Section 207-2.3.3 and shall be Class 4, PART 3 - CONSTRUCTION METHODS - SP -303-1 CONCRETE STRUCTURES - Catch basin construction shall conform to the provisions in Section 303-1 "Concrete Structures" of the Standard Specifications. Precast concrete catch basins may be substituted to poured in place catch basin provided that they can support the anticipated traffic load and are geometrically fit for the intended use. Contractor shall provide City with specifications and details of precast basins for City's review and approval. No precast basins shall be delivered to the job site unless approval by City. SP -303-5.5.2 CURBS - Curb and gutter construction shall conform to the provisions in Section 303-5.5.2 of the Standard Specifications. When only curb and gutter is to be removed and replaced, saw cut at back of curb. Replace by drilling into the existing sidewalk and install #4 rebar with epoxy 4' on center maximum, extending 4" into the curb. SP -306-1.2 INSTALLATION OF PIPE - Pipe installation shall conform to the provisions in Section 306-1.2 "Installation of Pipe" of the Standard Specifications. Prior to placement of trench backfill, contractor shall secure the pipe to avoid vertical displacement of the pipe as backfill is being poured into the trench. Trench backfill shall be kept undisturbed for at least 24 hours after its placement with the use of steel cover plates. "Cut -back" asphalt shall be placed around the plates to prevent movement of same. It should be noted that at some locations the newly installed pipe is adjacent to existing street lights. The contractor shall take any measures necessary to protect said lights during construction. SP -306-1,6 BASIS OF PAYMENT - Basis of payment for open trench installations shall conform to the provisions in Section 306-1.6 of the Standard Specifications. SP -203-6.1 - Asphalt Concrete for use in paving trenches shall be as described in Section 203-6.3.2 Class Cl. All trenches shall be paved within two days of being backfilled, SP -300-1.4 - Removal and disposal of gutter key material. Gutter key material shall be removed using a cold process only. The equipment for profiling the pavement shall be capable of accurately establishing profile grades by referencing from either the lip of gutter, curb or from an independent grade control. The equipment shall be capable of establishing a positive means for controlling cross -slope -elevations. The equipment shall have an effective means of removing the chips from the pavement and for preventing dust from escaping into the air. 1046p/28 28 The key shall be in the form of a wedge 0.1' deep at the gutter lip and shall extend approximately 6.0' away from, and at right angles to, the lip of the gutter or face of curb to zero depth, The excess material produced shall be loaded, and off --hauled by the Contractor to a site designated by the City. It shall be the responsibility of the Contractor to process his work so -that chipping or breaking the concrete -curb or gutter adjacent to the -pavement will be prevented. When cutting gutter key, the depth of cut shall be adjusted to prevent damaging preformed neoprene joint seals and detector loops for traffic signals, In the process of forming a key along the gutter area adjacent to the curb face (as shown on the contract drawings), excess material consisting of large chunks and pieces may become loose and lift off. Such material shall be loaded and off -hauled at the price bid per lineal foot of off -haul gutter key. 1 1 1 1 1 1 1 1 1 After a street has been keyed and conforms cut, the Contractor shall place a compacted wedge of temporary asphalt at cross walks and at all conforms to provide for a smooth transition for both vehicular and pedestrian traffic. The asphalt wedge shall be in place and maintained from the time a street is keyed to the time a street is to be overlayed. The asphalt wedge shall be completely removed prior to the overlay process. No extra compensation will be given for this work but shall be considered as incorporated in the unit bid price fur removal and off -haul of gutter key, OFF -HAUL MATERIAL: All off -haul material shall be deposited at locations designated by the City Engineer at the City Compost Site and/or other locations. SP --300-1,5 PAYMENT - Payment shall be at the unit price bid per lineal foot to remove and off -haul key, SP --302--5.5 - Asphalt Concrete distribution, spreading and compacting shall be in conformance with Section 302-5.5 and 3-2--5.6.1 of the Standard Specifications. 1046p/28 29 PART 3 — CONSTRUCTION METHODS CONTROL. 1 1 1 1 1 1 1 1 1 SP 302-9 Temporary Markers Prior to the removal of any of the existing traffic control deliniation, the contractor shall take whatever action is necessary to ensure that said deliniation can be accurately replaced at its previous location upon completion of the overlay. The new deliniation shall be replaced not less than three nor.more than four days after installation of the overlay. Immediately following the overlay the contractor shall place temporary "Davidson Markers" on the lane lines at 24' spacing. These markers shall be removed by the contractor upon the installation of the permanent markers. 1046p/28 30 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1991-92 RESURFACING AND STREET AND STORM DRAIN IMPROVEMENTS 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 called "Contractor", as of the day of hereinafter --- — , 19. R E C I T A L S: (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book therefor entitled: 1991-92 Resurfacing and Street and Storm Drain Improvements 2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the work above agreed to be done the sum of 1046p/28 A-1 11 I 1 I 1 1 1 11 Said price is determined by the prices contained in Contractor's bid, and shall be paid as .described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book. 3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendums Number issued to the Contract Book, a) "The APWA•-AGC Standard Specifications for Public Works Construction, 1991 Edition; the Faithful Performance Bond, and the Labor and Material Bond. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. 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 1046p/28 A-2 1 1 1 r 1 1 r i 1 1 1 i 1 1 1 1 1 1 I 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. The minimum compensation to be paid for labor upon all work performed under this contract unless otherwise designated in the contract documents shall be the general 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, 8. Insurance. The Contractor shall provide and maintain: A. Commercial General Liability Insurance, occurrence version, 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 version, with a limit of not less than $1,000,000 each accident. 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 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. 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, 1046p/28 A--3 1 1 1 I 1 1 I 1 1 i 1 1 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed —upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 12. Arbitration. After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. 13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid. follows: Notices required to be given to City shall be addressed as 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. 1046p/28 A-4 11 1 I1 1 I I1 1 I I 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 By--.....__ ATTEST: (Typed Name of Person Signing) CITY CLERK 1046p/28 A--5 A REVISION JUNE I, 1988 ■ i r A r a IMO PICK HOLE I" BLIND PICK HOLE I" H 64 F RAME MACHINED SURFACES I" 2111 16 I' BLIND PICK HOLE COVER MACHINED FOR PERFECT A,S.T,M. GRID PATTERN NO -ROCK FIT PLAN 26 25i" 25 11" 32, 311 IB 24" 312 11 SECTION NOTE: PINKERTON FOUNDRY MODEL A-640 OR .7 PHOENIX IRON WORKS MODEL P -100I OR APPROVED EQUAL. SAN MATEO CALIFORNIA STANDARD TYPCB“MANKOL, FRAME B COVER Dt YE 1973 DRAWN BY RUJ CHK, BY APPR PLAN CASE L DJ [_� �a q/z.r. /7J 3 CITY ENGINEER DRAWER SHUT 107