HomeMy Public PortalAboutRepair of Third Avenue / Seal Slough Bridge Approaches1
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CITY OF SAN MATEO
STATE OF CALIFORNIA
CONTRACT BOOK
REPAIR OF
THIRD AVENUE / SEAL SLOUGH
BRIDGE APPROACHES
TO BE USED IN CONJUNCTION WITH
APWA - AGC
Standard Specifications for
Public Works Constructions, 1988
PROJECT NO. 90 -.8560
DATE NOV 1989
PUBLIC WORKS DEPARTMENT
330 W. 20th Avenue
San Mateo, California 94403
Telephone (415) 377-3315
10
EAST 3RD AVENUE BRIDGE APPROACH REPAIR AT SEAL COVE
Engineer's Estimate
Item Description Estimated. Unit Total Amount
No. of Work Quantity Unit Price of Item.
1. A.C. Overlay & Leveling
Course 206 Ton $ 50.00 $ 10,300.00
2. Remove and replace
Curb & Gutter 68 $ 14.00 $ 952.00
3. Remove and replace
Curb .& Gutter 331 L.F. $ 16.00 $ 5,296.00
4. Remove and replace
Concrete Sidewalk 1655 S.F. $ 4.25 $ 7,033.75
5. Raise Pull Box 4 Ea. $ 25:00 $ 100.00
6. Modify Drains at "K" Rail 6 Ea. $ 300.00 $ .1,800.00
7. Remove and replace Traffic
Delineation Including
Paint, Thermoplastic,
& Raised Delineation L.S. L.S. . $ 1,500.00. $ 1,500.00
8. Excavation at "K" Rail 216 C.Y. $ 10.00 $ 2,160.00
9. Place & Compact Class II
Aggregate Base 613 Ton $ 15.00 $ 9,195.00
10. Place & Compact A.C. Plug 100 Ton . $ 50.00 $ 5,000.00
11. Remove and dispose of
Gutter Bridge Deck Key L.S. L.S. $ $ 2,500.00
12. Traffic Control
L.S. L.S. $ $ 2,000.00
TOTAL $47,836.75
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CONTRACT BOOK
REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
CITY OF SAN MATEO, CALIFORNIA
CITY COUNCIL AWARD
CONTRACT DRAWINGS NO. 1-16-24 (1 sheet)
TIME OF COMPLETION: 15 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 DRAWINGS
AGREEMENT FOR PUBLIC IMPROVEMENT
NOTICE INVITING SEALED PROPOSALS
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San
Mateo, California, for repair of 3rd Avenue/Seal. Slough Bridge approaches and
other work as shown on the Contract Drawings 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
non—refundable fee of $10.00 per set is required. Any questions regarding the
contract documents should be directed in writing to Peter Boyle at the above
address.
3. The estimated construction cost of this project is $47,800.00. 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 Fifteen (15) 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.,
November 9, 1989, and they shall be opened and read by a City Representative
at said date and time at a public meeting called by him.
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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: October 1989 /s/ PAUL 7. GUMBINGER, MAYOR
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
CITY OF SAN MATEO, CALIFORNIA
PROPOSAL FORM
TO THE HONORABLE CITY COUNCIL
CITY OF SAN MATEO, CALIFORNIA
GENTLEMEN:
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
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( )
REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
Schedule of Bid Items
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Item Description
No. of Work
1. A.C. Overlay & Leveling
Course
Estimated
Quantity Unit
Unit
Price
Total Amount
of Item
206 Ton $ $
2. Remove and replace
Curb & Gutter 68 L.F. $ $
3. Remove and replace
Curb & Gutter 331 L.F. $ $
4. Remove and replace
Concrete Sidewalk 1655 S.F. $ $
Raise Pull Box 4 Ea. $ $
Modify Drains at "K" Rail 6 Ea. $ $
Remove and replace Traffic
Delineation Including
Paint, Thermoplastic,
& Raised Delineation L.S. L.S. $
8, Excavation at "K" Rail
9. Place & Compact Class II
Aggregate Base 613 Ton $
216 C.Y. $
10. Place & Compact A.C. Plug 100 Ton $
11. Remove and dispose of
Gutter Bridge Deck Key
12. Traffic Control
L.S. L.S.
L.S. L.S.
$
$
$
$
$
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TOTAL
REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
LIST OF SUBCONTRACTORS
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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")
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
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 ( ). Remarks:
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 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
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.
BIDDER'S STATEMENT —• SHEET 1
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
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.
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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 Non —signing Officers)
Signature
Date A CORPORATION
Post Office Address Name of State Where Chartered
Signed
If PARTNERSHIP, Sign Below
(Show Names of Non —signing Partners) PRESIDENT Date
Name of Partners
Signature
SECRETARY Date
Date TREASURER Date
Post Office Address Post Office Address
BIDDER'S STATEMENT -- Sheet 2
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
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;
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
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:
Bidder:
By:
Date:
(Name and Title of Person Making Certification)
Note: Contractor will be obligated, per federal requirements, to submit
weekly pay sheets for federal verification.
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
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The work embraced herein shall be done according to the APWA—AGC Standard
Specifications for Public Works Construction, 1988 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 non —conflicting 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.
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SP -2-4.1 GUARANTEE — The Contractor warrants and guarantees that all material
and equipment used or furnished and all workmanship are of the type and
quality specified herein. The Contractor further guarantees that any latent
fault in construction or defective material discovered within one year after
acceptance of the work shall be remedied by him without cost to the City, upon
written notice given to him. Other subsequent latent defects shall be covered
by responsibilities set forth in the law.
In the event of failure to comply with the above —mentioned conditions within a
reasonable time after notice, the City will have the defects repaired and made
good at the expense of the Contractor, who agrees to pay the costs and charges
therefore immediately upon demand.
The signing of the agreement by the Contractor shall constitute execution of
the above guarantees. The Faithful Performance Bond shall remain in full
effect during the guarantee period and will not be released until the
expiration of such period.
SP -2-5 PLANS AND SPECIFICATIONS — The plans for this project are as follows:
CONTRACT PLANS
Title Drawing No.
3rd Avenue/Seal Slough Bridge
Approach Repair 1-16-24
CITY STANDARD PLANS
Title Drawing No.
Typical Sections of Curb, Gutter, & Sidewalk 3-1-141
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.
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
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performed under this contract shall include, but not be limited to, the
following: excavating and off -haul existing roadway structural section;
importing, placing, and compacting Class II Aggregate Base; excavating and
off -hauling existing curb, gutter, and sidewalk; removing existing lane
delineation "buttons"; grinding both A.C. and concrete "conforms"; "plugging"
low areas with A.C.; overlaying street with R.C. to project limits; replacing
curb, gutter, and sidewalk; setting existing pull boxes to grade; replacing
lane line buttons and thermoplastic; and modify drains at "K" Rail.
SP -2.6.1 EXAMINATION OF THE SITE - The bidder shall examine carefully the
site of the work contemplated, the plans and specifications, and the proposal
and contract forms therefor. The submission of a bid shall be conclusive
evidence that the bidder has investigated and is satisfied as to the
conditions to be encountered, as to the character, quality and scope of work
to be performed, the quantity of materials to be furnished and as to the
requirements of the proposal, plans, specifications and contracts.
The bidder represents that he or she is fully qualified to perform this
examination and review.
If the bidder determines that any portion of the site or the plans and
specifications present any interpretation problems of any kind, the bidder
shall note such a determination upon this bid form. Failure to note any such
determination shall be conclusive evidence of acceptance by the bidder of the
sufficiency of the plans and specifications.
SP -2-9 SURVEYING - Staking of line and grade will be done by the City survey
crew at no cost to the contractor once only. The Contractor shall notify the
City 48 hours in advance when requesting construction stakes. Resetting of
survey stakes lost due to the Contractor's negligence will be charged to the
contractor at the rate 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.
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SP -3-i.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.
SP -3-2.1 CHANGES INITIATED BY THE AGENCY - The City of San Mateo reserves the
right to change the scope of this contract in order to align the contract price
to the monies available. Presently there is approximately $47,500.00
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.
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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 PRE -CONSTRUCTION CONFERENCE - A pre -construction conference will be
held at a location selected by the City for the purposes of review and
approval of said schedule and to discuss construction procedures and payment
schedule. The Contractor shall be represented by 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 15 working days.
The City will furnish the Contractor weekly a statement of working days
remaining on the contract.
SP -6-9 LIQUIDATED DAMAGES - Failure of the Contractor to complete the work
within the time allowed will result in damages being sustained by the City of
San Mateo. Such damages will be determined. 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 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 -7-2.2.1 HOURS OF LABOR - Construction operations on E. 3rd Ave. shall be
restricted to the hours of 8:30 a.m. to 4 p.m. for the Eastbound lanes and
9:00 a.m. to 4 p.m. for the Westbound lanes. The thoroughfare shall be open
to full traffic flow after 4:00 p.m. in both directions.
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SP -7-.2.3 AFFIRMATIVE ACTION GUIDELINES — This section is the City's adopted
Affirmative Action Program.
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 PRE —AWARD AFFIRMATIVE ACTION CONFERENCE — A pre —award 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.
—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.
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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.
Each potentially selected bidder and his subcontractors who meet the above
conditions, will be expected to meet with the City at a pre —award 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.
B. In all advertisements for labor or other personnel or requests for
employees of any nature, the successful bidder and each subcontractor shall
state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
C. In all hiring, the successful bidder and each subcontractor shall make
every effort to hire qualified workmen 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 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.
SP -7-2.3.7 AFFIRMATIVE ACTION BY PRIME CONTRACTORS — At the pre —award
conference, the potentially selected bidder shall demonstrate that he meets
the following minimum standards of affirmative action:
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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 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,
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 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
EMPLOYMENT — Each 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 Nondiscrimination in Employment.
SP -7-2.4 WEEKLY PAYROLL SUBMISSION — 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.
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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
general liability and automobile liability insurance in the following minimum
amounts: 1) general liability, including comprehensive form, personal injury,
broad form property damage, contractual, and premises/operation coverage in
limits of $1,000,000.00 aggregate, bodily injury and property damage combined;
and (2) automobile liability in limits of $1,000,000.00 bodily injury and
property damage combined. Additionally, workers' compensation insurance in at
least the minimum statutory amounts shall be maintained. All liability
insurance policies shall specify the City of San Mateo, its elective and
appointive boards, commissions, officers, agents, and employees as additional
insureds. A certificate of insurance shall be provided to the City prior to
performance pursuant to this contract. Further, any changes in insurance
required herein must be approved in writing by the City Attorney's Office.
SP -7-3.2 HOLD HARMLESS AND INDEMNITY PROVISION — Contractor agrees (1) to
hold harmless and indemnify City of San Mateo and its officers 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.
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.
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SP -7-10.1 TRAFFIC AND ACCESS — The Contractor shall be responsible, during
all phases of the work, to provide for public safety and convenience by use of
traffic cones, signs, lighted barricades, lights, "light boards", 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 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, no more than one—half (1/2) of the roadway shall be closed to traffic
at any time and two lanes of traffic, one in each direction, shall be
maintained at all times. Open excavation and ditches across a roadway shall
be covered and guarded in such a manner as to permit safe traffic flow during
hours when no work is being performed.
SP -9-1 MEASUREMENT OF QUANTITIES — When payment for a work item is to be made
on a tonnage basis, the Contractor shall furnish the Engineer a legible copy
of a licensed weigh —master's certificate showing gross, tare and net weight of
each truckload of material. Certificates shall be delivered to the Engineer
at the job site upon delivery of the material.
SP -9-3 PAYMENT
SP• -9-3.1 GENERAL — Except as directed otherwise in these specifications, full
compensation for completing all of the work indicated on the plans and
directed herein is considered to be included in the contract unit prices paid
for the various items of work and no separate payment will be made therefor.
SP -9-3.1 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
atthe pre —construction conference. Contractor shall use City's standard form
for such requests and submit one original plus four copies of each request.
0963p/18 19
REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
• SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
The Special Provisions shall govern in lieu of conflicting provisions of the
Standard Specifications, but shall in no way nullify non —conflicting portions
of the Standard Specifications.
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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 2 — CONSTRUCTION MATERIALS
SP -200-2.2.1 AGGREGATE BASE — The aggregate base shall be Class II; 3/4"
maximum.
SP -201.1.1.2 PORTLAND CEMENT CONCRETE — Concrete shall be 520—C-2500, 4"
maxium slump; 2500 psi at 28 days.
SP -203-1 PAVEMENT ASPHALT BINDER — Binder shall be Type AR -4000 and be
applied at the rate of 0.25 gal. sq. yard.
SP -203.3.2 TACK COAT — Emulsified asphalt tack coat shall be SS -1h. The tack
coat shall be diluted with not more than 15% water by volume and be applied at
a rate of 0.1 gal. sq. yard.
SP -203.6.1 ASPHALT CONCRETE — Asphalt concrete shall be Type C2 -AR -4000
except that the asphalt concrete for A.C. plug may be B —AR -4000.
0963p/18 20
PART 3 - CONSTRUCTION METHODS -
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SP -302-51.1 REMOVAL AND DISPOSAL OF 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.
The key shall be in the form of a wedge 0.1' deep at the gutter lip or bridge
deck and shall extend approximately 10' from bridge deck and 60" from lip of
the gutter or face of curb to zero depth. 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.
In the process of forming a key along the gutter area adjacent to the curb
face or bridge deck (as shown on the contract drawings), excess material
consisting of large chucks and pieces may become loose and lift off. Such
material shall be loaded and off -hauled at the price bid per lineal foot of
"Remove and dispose of gutter key".
All off -haul grindings shall be deposited at locations designated by the City
Engineer at the City Compost Site.
It should be noted that on portions of the project, it will be necessary to
cut a key or conform in the concrete approach slab. This key will be the
width of the street by 10' in length. It will be the responsibility of the
contractor to provide equipment capable of cutting these areas to clean and
neat lines.
The Contractor is required to preserve and protect existing improvements,
Payment shall be at the lump sum price bid for "Remove and dispose of gutter
and bridge deck key".
SP -302-5.3 TACK COAT AND PAVEMENT ASPHALT BINDER - A tack coat shall be
applied at a rate of 0.10 gallons per square yard to all pavement surfaces to
be overlaid or patched. This includes edges of base repairs.
Payment for furnishing and installing tack coats and pavement asphalt binder
shall be included in the various bid items and no addition compensation shall
be made.
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SEAL SLOUGH BRIDGE APPROACH REPAIR
Construction Methods
SP -300-2.1 UNCLASSIFIED EXCAVATION - After saw -cutting the existing pavement
to the limits shown on the Contract Drawings as amplified by the Engineer and
removing and disposing of the structural section, additional excavation will
be necessary. The Contractor shall excavate to a depth required to expose any
and all cavities or defects in the subgrade along the "K" Rail and dispose of
this material outside th limits of the City of San Mateo.
SP -300-2.B MEASUREMENT -- Excavation quantities shall be determined by the
volume of Class II Aggregate Base necessary to backfill the area excavated
below the replacement structured section. A conversion factor of 140#/cu. ft.
shall be used to calculate this quantity.
SP -300--2.9 PAYMENT - Payment for this item of work shall paid for by the
cubic yard. If during the progress of the work the estimated quantity of
excavation (216 cu. yds. ) is exceeded, th remaining payment will be made on
the basis of Force Account as per Section 3-3.2 of the Standard Specifications.
SP -303-5.1.2 DRAINAGE OUTLETS THROUGH CURBS - As the replacement structural
section will of necessity be lower than that existing, it will be necessary to
modify the existing drainage system along the "K" Rail. The Contractor shall
core or chip a new slot through the "K" Rail and penetrate the in -place
drainage pipe to permit entry of local surface drainage, The existing drains
shall then be mortared to a neat -clean appearance.
SP -303 REMOVE AND REPLACE P.C.C, CURB, GUTTER, AND SIDEWALK - The Contractor
shall remove and replace settled and defective concrete curb, gutter, and
damaged sidewalk, where shown on the plans and as directed by the Engineer in
the field. This work shall be performed according to the Standard Drawing
included in this Contract Book except that width of gutter shall bereplaced
in kind. In all instances where the Contractor is to repair curb, gutter, and
sidewalk, the Contractor shall cut the existing curb, gutter, and sidewalk
with a concrete saw to the limits as directed by the Engineer.
SP -310-5.6.11 PAVEMENT MARKINGS - Replacement of thermoplastic lines and
legends and replacement of raised pavement markers shall conform to the
provisions of Sections 84 and 85, respectively, of the Standard Specifications
of the State of California, Department of Transportation, 1988 Edition, and
these special provisions.
PAYMENT - Payment for removal and replacement of all pavement markers shall be
made by Lump Sum.
0963p/18 22
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TYPICAL SECTIONS OF CURB, GUTTER AND SIDEWALK
SAM MATE CA1I7.
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Slope ` per foot
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Curb Grade.
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Subgrode compaction
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2" Sand or 3" compacted
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' crushed rock or grovel -•-r`J
WO"
`Batter I" to 12"
Slope (per foot
6"
2'6" _
Bolter 1"per foot.
Curb Grade
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. Slope
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Subprode compaction
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APPENDIX I
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REPAIR OF 3RD AVENUE/SEAL SLOUGH BRIDGE APPROACHES
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
, 19
RECITAL 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:
Repair of 3rd Ave./Seal Slough Bridge Approaches
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 unit prices contained in Contractor's
bid, and shall be paid as described in the Contract Book. In the event work
is performed or materials furnished in addition to or a reduction of those set
forth in Contractor's bid and the specifications herein, such work and
materials will be paid for as described in the Contract Book.
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3. The Contract Documents. The complete contract consists of the
following documents: This Agreement; the Notice Inviting Sealed Proposals;
the Accepted Proposal; the Contract Book which includes the Special Provisions
and Contract Drawings, Addendums Number issued to the
Contract Book, the APWA—AGC Standard Specifications for Public Works
Construction, 1988 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. 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. 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 established by
City, on file with the City Clerk.
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8. Liability Insurance. The Contractor shall provide and maintain
general liability and automobile liability insurance in the following minimum
amounts: 1) general liability, including comprehensive form, personal injury,
broad form property damage, contractual, and premises/operation coverage in
limits of $1,000,000.00 aggregate, bodily injury and property damage combined;
and (2) automobile liability in limits of $1,000,000.00 bodily injury and
property damage combined. Additionally, workers' compensation insurance in at
least the minimum statutory amounts shall be maintained. All liability
insurance policies shall specify the City of San Mateo, its elective and
appointive boards, commissions, officers, agents, and employees as additional
insureds. A certificate of insurance shall be provided to the City prior to
performance pursuant to this contract. Further, any changes in insurance
required herein must be approved in writing by the City Attorney's Office.
9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold
harmless and indemnify City of San Mateo and its officers 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 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. 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.
12. Notices. All notices shall be in writing, and delivered in person or
transmitted by certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as
appears in the signature block below.
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13. 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
By ATTEST:
(Typed Name of Person Signing) CITY CLERK
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