HomeMy Public PortalAbout1995-96 Citywide Storm Drain Improvements East 40th Avenue: Gillis Drive to Pasadena Drive1
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CITY OF SAN MATEO
STATE OF CALIFORNIA
CONTRACT BOOK
1995-96 CITYWIDE STORM DRAIN IMPROVEMENTS
E. 40TH AVENUE: GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
To be used in conjunction with
APWA - AGC
Standard Specifications for
Public Works Construction, 1994 Edition
SEPTEMBER, 1995
PUBLIC WORKS DEPARTMENT
330 West 20th Avenue
San Mateo, California 94403
415/377-3315
415/341-9312 (fax)
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CITY OF SAN MATEO
STATE OF CALIFORNIA
CONTRACT BOOK
1995-96 CITYWIDE STORM DRAIN IMPROVEMENTS
E. 40TH AVENUE: GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
To be used in conjunction with
APWA - AGC
Standard Specifications for
Public Works Construction, 1994 Edition
SEPTEMBER, 1995
PUBLIC WORKS DEPARTMENT
330 West 20th Avenue
San Mateo, California 94403
415/377-3315
415/341-9312 (fax)
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CONTRACT BOOK
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
CITY OF SAN MATEO, CALIFORNIA
*****
CITY COUNCIL AWARD
CONTRACT DRAWINGS NO. 1-13-06 (7 sheets)
TIME OF COMPLETION: 30 Working Days
*****
CONTENTS
NOTICE INVITING SEALED PROPOSALS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDER'S STATEMENT
CERTIFICATION OF NON-DISCRIMINATION
CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
SPECIAL PROVISIONS
PART I -- GENERAL PROVISIONS
PART II -- CONSTRUCTION MATERIALS
PART III -- CONSTRUCTION METHODS
STANDARD DRAWING
APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT
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NOTICE INVITING SEALED PROPOSALS
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San Mateo, Califomia, for
the 1995-96 City-wide Storm Drain Improvements, East 40th Avenue - Gillis Drive to
Pasadena Drive, and other work as shown on the Contract Drawings No. 1-13-06 and as
described in this Contract Book and the APWA-AGC Standard Specifications for Public
Works Construction, 1994 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 $15.00 per set is required. Any questions regarding the contract documents should
be directed in writing to Domingo Cruz, Associate Engineer, at the above address.
3. The estimated construction cost of this project is $180,000.00. This estimate is not based
on a "contractor's cost take off' of the project, but is derived from an averaging of costs
for work on similar projects in the area of which the City is aware. This figure is given
to indicate the relative order of magnitude of this project and is not intended to influence
or affect in any way the amount bid for this project.
4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made
payable to the City of San Mateo in an amount not less than ten percent (10%) of the
aggregate amount of the bid.
5. Contractor is notified that he shall comply with the requirements for 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 specified in the Notice to Proceed.
7. The right is reserved, as the interest of 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 prevailing wage scale, as determined by the Director of Industrial Relations of the
State of California, in force on the day this bid was announced, will be the minimum paid
to all craftsmen and laborers working on this project. A copy of the correct determination
will be posted at the job site. It is understood that it is the responsibility of the bidder
to determine the correct scale. The City will keep a copy of the wage scale in the City
Clerk's office for the convenience of bidders. Any errors or defects in the materials in
the City Clerk's office will not excuse a bidder's failure to comply with the actual scale
then in force.
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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., October 3, 1995, and they
shall beopened and read by a City Representative at said date and time at a public
meeting called by him.
10. Said City Representative shall report the results of the bidding to the City Council at a
later date, at which time the City Council may award the contract to the lowest
responsible bidder as so reported; or as City's interest may dictate. The 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 the
Public Contracts Code Section 22300, Contractor may substitute securities for said ten
percent (10%) retention or request that City make payments of retentions eamed directly
to an escrow agent at Contractor's expense. The provisions of the Public Contracts Code
Section 22300 are hereby expressly made a part of the contract.
Dated: September 6, 1995 /s/ CLAIRE MACK, MAYOR
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PROPOSAL FORM
(Entire proposal, pages 4 through 12 to be submitted as sealed bid.)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
TO THE HONORABLE CITY COUNCIL
CITY OF SAN MATEO, CALIFORNIA
DEAR COUNCIL MEMBERS:
FOR THE TOTAL SUM OF (use figures only) computed from
the unit and/or lump sum prices shown on the attached schedule of bid items, the undersigned
hereby proposes and agrees that if this proposal is accepted he will contract with the City. of San
Mateo, California, to furnish all labor, materials, tools, equipment, transportation, and all
incidental work and services required to complete all items of work shown on the Contract
Drawings. All work shall conform to the lines, grades, and dimensions shown on said drawings
and shall be done in accordance with this Contract Book and the APWA-AGC Standard
Specifications for Public Works Construction, 1994 Edition.
This proposal is submitted in conformance with the requirements of the APWA-AGC
Standard Specifications for Public Works Construction, 1994 Edition; and is also subject to the
terms and conditions of the attached LIST OF SUBCONTRACTORS (page 7) and BIDDER'S
STATEMENT (pages 8 through 10).
The work shall be paid for at the unit and/or lump sum prices shown on the attached
SCHEDULE OF BID ITEMS.
Contractor's Signature Date
Name of Company
Phone Number ( 1
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SCHEDULE OF BID ITEMS
(To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
LOCATION A: 40TH AVENUE FROM
GILLIS DRIVE TO PASADENA DRIVE
1
Connect new 24" SD pipe to existing
60" RCP
1
EA
$
$
2
Furnish and install 8" SD pipe
67
LF
$
$
3
Furnish and install 12" SD pipe
63
LF
$
$
4
Furnish and install 15" SD pipe
101
LF
$
$
5
Furnish and install 18" SD pipe
686
LF
$
$
6
Furnish and install 24" SD pipe
580
LF
$
$
7
Furnish and install 18" x 8" TEE
1
EA
$
$
8
Furnish and install 18" x 12" TEE
3
EA
$
$
9
Furnish and install 24" x 8" TEE
3
EA
$
$
10
Remove and dispose of 12" SD
65
LF
$
$
11
Construct Std. Type "A" Manhole
2
EA
$
$
12
Construct Std. Precast Eccentric Manhole
3
EA
$
$
13
Construct Type "G-3" Catch Basin
4
EA
$
$
14
Break existing catch basin as necessary
and grout SD pipe in place
7
EA
$
$
15
Break existing bird bath catch basin as
necessary and install and grout 8" SD
pipe in place. Pour new 4" thick
concrete bottom
5
EA
$
$
16
Plug existing 12" SD pipe
12
EA
$
$
17
Remove existing catch basin
4
EA
$
$
18
Remove and replace curb and gutter
510
LF
$
$
1
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ITEM
NO.
DESCRIPTION
OF WORK
EST.
QTY.
UNIT
UNIT
PRICE
TOTAL
COST
19
Remove and replace sidewalk
1,277
SF
$
$
20
Remove existing curb, gutter, and
sidewalk and construct curb ramp
1,083
SF
$
$
21
Remove and replace driveway approach
115
SF
$
$
22
Adjust existing street light box to grade
1
EA
$
$
23
Adjust existing water valve box to grade
1
EA
$
$
24
Traffic control
1
LS
$
$
TOTAL BID FOR LOCATION A
$
LOCATION B: ALAMEDA DE LAS PULGAS
AT 29TH AVENUE
25
Fumish and install 8" PVC
30
LF
26
Construct modified Type GO drainage
inlet
1
EA
27
Remove existing curb and gutter and
construct depressed curb and gutter
12
LF
28
Break existing CB as necessary; connect
and grout new 8" PVC
1
EA
29
Traffic control
1
LS
TOTAL BID FOR LOCATION B
$
TOTAL BID (LOCATION A + B)
$
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SUBCONTRACTING REOUIREMENTS
AND LIST OF SUBCONTRACTORS
(To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
Each bidder acknowledges it is aware and familiar with the requirements related to subletting and
subcontracting set forth in Section 2-3 of the APWA-AGC Standard Specifications, and in the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public
Contract Code of the State of . California. These requirements include a provision that the
Contractor shall perform, with its own organization, contract work amounting to at least 50
percent of the contract price.
Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or
offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State
of California, set forth the following:
1. Name and address of the place of business of each subcontractor who will perform work
or labor or render service to the general contractor in or about the construction of the
work or the improvement in an amount in excess of one-half (1/2) of one percent (1%)
of the general contractor's total bid or $10,000, whichever is greater.
2. The specific work and dollar amount of work which will be done by each subcontractor.
3. If no portion of the work is to be subcontracted as provided in item 1, insert the word
"none" in the space provided and sign below.
NAME
ADDRESS
SPECIFIC
WORK
DOLLAR
AMOUNT
$
$
$
$
$
Contractor's Signature
1
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BIDDER'S STATEMENT
SHEET 1 OF 3 (To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40114 AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
The undersigned has carefully read the APWA-AGC Standard Specifications for Public Works
Construction, 1994 Edition, and realizes that any variation or deviation from these specifications,
requirements and conditions shall be sufficient grounds for rejection of all or any part of the work
performed. Such rejected work shall be replaced entirely at the Contractor's expense, and failure
to do so within a reasonable length of time shall be sufficient reason for the withholding of
payment for any part of or all of the work and forfeiture of the Contractor's bond.
The undersigned further certifies that he is licensed by the State of California as a Contractor,
that the license is now in force and that the number and class is Class ( ), and
the expiration date is . Further the undersigned certifies that upon request
he will provide evidence of said license.
Pursuant to Business and Professions Code Section 7028.15 I, declare under
penalty of perjury that the foregoing and the statements contained in the bid for the above titled
project are true and correct and that this declaration is made on this _ day of . 1995,
at Califomia.
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, certificate(s) of insurance, related endorsements
for general and automobile liability insurance, and proof of a San Mateo Business License in the
office of the City Clerk within ten (10) calendar days after the date of the award and to
commence work within five (5) days of the date specified in the notice to proceed, and to
complete the work under said contract within the specified number of working days beginning
from the date specified in the notice to proceed. Further, the undersigned agrees to insure that
all subcontractors obtain a San Mateo Business License in accordance with Section SP -2-13 SAN
MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to
keep the Business License current for the entire term of the contract.
If the unit price and the total amount named by a bidder for any item do not agree, it will be
assumed that the error was made in computing the total amount and the unit price alone will be
considered as representing the bidder's intention.
Unit prices bid must not be unbalanced.
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BIDDERS STATEMENT
SHEET 2 OF 3 (To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and
understands that the City will not be responsible for any errors or omissions on the part of the
undersigned in making up this bid.
The undersigned hereby certifies that this bid is genuine, and not sham or collusive, or made in
the interest or in behalf of any person not named herein, and that the undersigned has not directly
or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm
or corporation to refrain from bidding, and that the undersigned has not in any manner sought
by collusion to secure for himself an advantage of any kind whatever.
Enclosed find bond or certified check or cashier's check No. of the
Bank for . Not less than ten (10) percent of this bid payable to
the City of San Mateo, California, and which is given as a guarantee that the undersigned will
enter into the contract if awarded to the undersigned.
The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days
after the date set for the opening thereof.
NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST
OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A
PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR
PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please
attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL
SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION
WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE
PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION.
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BIDDER'S STATEMENT
SHEET 3 OF 3 (To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40111 AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
SIGNATURES FOR BIDDER:
If INDIVIDUAL, sign below:
Signature Date
Print name
Post Office Address
If PARTNERSHIP, sign below (show
names of non -signing partners):
Signature Date
Name of Partner
Post Office Address
Signature Date
Name of Partner
Post Office Address (if different)
If CORPORATION, sign below (show
names of non -signing officers):
a CORPORATION
Name of State Where Chartered
Signature Date
Print name of person signing bid
Title
List names of the following officers:
PRESIDENT
SECRETARY
TREASURER
Post Office Address
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CERTIFICATION OF NON-DISCRIMINATION
(To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
On behalf of the bidder making this proposal, the undersigned certifies that there will be no
discrimination in employment with regard to race, color, religion, sex, disability, or national
origin; that all federal, state, local directives, and executive orders regarding non-discrimination
in employment will be complied with; and that the principle of equal opportunity in employment
will be demonstrated positively and aggressively.
BIDDER
By:
(Name and title of person making certification)
Date
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CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE
(To be submitted with Proposal Form)
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined
by the Director of Industrial Relations of the State of California, in force on the day this bid was
announced will be the minimum paid to all craftsmen and laborers working on this project. A
copy of the correct determination will be posted at the job site. It is understood that it is the
responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage
scale in the City Clerk's Office for the convenience of bidders. Any errors or defects in the
materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual
scale then in force. The undersigned understands that weekly certified payrolls must be submitted
for verification.
BIDDER
By:
Name and title of person making certification
Date
Questions shall be addressed to:
Department of Labor Relations
Division of Labor Statistics and Research
Prevailing Wage Unit
525 Golden Gate Avenue
P. O. Box 603
San Francisco, CA 94101
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
The work embraced herein shall be done according to the APWA-AGC Standard Specifications
for Public Works Construction, 1994 Edition and its 1995 supplement, (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 Califomia 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.
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The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee
faithful performance of all work, within the time prescribed, in a manner satisfactory to the City,
and that all materials and workmanship will be free from original or latent developed defects.
SP -2-4.1 GUARANTEE - The Contractor wan -ants 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.
1995-96 City-wide Storm Drain Improvements
East 40th Avenue - Gillis Drive to Pasadena Drive
1-13-06
CITY STANDARD PLANS
Title
Drawing No.
Standard Precast Eccentric Manhole
3-1-104a
Standard Type "A" Manhole
3-1-104b
Standard Type "B" Manhole Frame and Cover
3-1-107
Standard Type "G-3" Catch Basin
3-1-123
STATE STANDARD PLANS
Title
Drawing No.
New Standard Plan
NSP-A88
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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:
• Furnish and install storm drain (SD) pipes of various sizes from 8" diameter to 24"
diameter.
• Construct storm drain manholes, catch basins, and other drainage structures.
• Remove existing catch basins, drainage pipes, and other appurtenant drainage features.
• Plug and abandon existing storm drain pipes proposed to be abandoned.
• Remove and replace curb, gutter, and sidewalk as shown on plans.
• Construct curb ramps and driveway approaches.
• Adjust street light box and water valves box to grade.
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 $90.50 per man per hour or fraction thereof. The
Engineer will be the judge of what constitutes negligence. Any appeal of this decision will be
referred to the Public Works Commission. The Public Works Commission decision will exhaust
the administrative procedures for appeal.
SP -2-12 ATTORNEY FEES - Attorney fees in amount not exceeding $85 per hour per attorney,
and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of
a cost bill) by the prevailing party in any action or actions to enforce the provisions of this
contract. The above $5,000 limit is the total of attomey fees recoverable whether in the trial
court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or
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actions. It is the intent that neither party to this contract shall have to pay the other more than
$5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this
contract. The parties expect and hope there will be no litigation and that any differences will be
resolved amicably.
SP -2-13 SAN MATEO BUSINESS LICENSE GUIDELINES - A business license shall be
obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said
Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual
tax as follows: (1) General contractor, $100.00; (2) all other contractors, $40.00."
SP -3-1.3 NOTICE OF POTENTIAL CLAIM - The Contractor shall not be entitled to the
payment of any additional compensation for any cause, including any act, or failure to act, by the
Engineer, or the happening of any event, thing or occurrence, unless he shall have given the
Engineer due written notice of potential claim as hereinafter specified, provided, however, that
compliance with this Section SP -3-1.3 shall not be a prerequisite as to matters within the scope
of the Protest Provision in Section 6-7, "Time of Completion," in the Standard Specifications, nor
to any claim which is based on differences in measurements or errors of computation as to
contract quantities.
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 $180,000.00 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
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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 OR FABRICATION AND DELIVERY SCHEDULE - After
notification of award and prior to start of any work, the Contractor shall submit to the Engineer
for approval its proposed construction or fabrication and delivery schedule. The schedule shall
be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the
chronological relationship of all activities of the project including, but not limited to, estimated
starting and completion dates of various activities, submittal of shop drawings to the Engineer
for approval, procurement of materials, scheduling of equipment, and delivery of finished product.
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. During this meeting, the contractor must
submit its proposed Trench Shoring Plan for approval.
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 thirty (30) working days, beginning from the date specified in the Notice
to Proceed.
The City will furnish the Contractor weekly a statement of working days remaining on the
contract.
SP -6-9 LIOUIDATED DAMAGES - Failure of the Contractor to complete the work within the
time allowed will result in damages being sustained by the City of San Mateo. Such damages
will be determined on the following basis. For each consecutive calendar day in excess of the
time specified for completion of the work (as adjusted), the Contractor shall pay to the City of
San Mateo, or have withheld from monies due it, the sum of the amount necessary to cover any
add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by the City;
e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during
delay, etc.
Execution of the contract under these specifications shall constitute agreement by the City of San
Mateo and Contractor that $250 per day is the minimum value of the costs and actual damage
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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 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 Califomia 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 rediation 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 arbitrator; may be entered in any court having jurisdiction thereof.
The costs of arbitration shall be borne equally by the parties.
SP -7-2.2.1 HOURS OF LABOR - Construction operations beyond the eight -hour normal
workday and on legal holidays may occur on occasion if approved in advance by the City. The
Contractor shall notify the City Engineer in writing twenty-four (24) hours prior to any
non -emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or
prorated portion thereof) for overtime work without written consent of the City Engineer -- said
sum to be deducted from any monies due the Contractor or paid directly to him. Normal working
hours for this project shall be between 8:00 a.m. and 5:00 p.m. unless specifically modified in
writing.
SP -7-2.3 AFFIRMATIVE ACTION GUIDELINES - This section is the City's adopted
Affirmative Action Program.
SP -7-2.3.I AFFIRMATIVE ACTION, NON-DISCRIMINATION POLICY - It is the policy of
the City of San Mateo that all qualified persons are to be afforded equal opportunities of
employment on any public works contract entered into with the City. To prohibit discrimination
because of race, color, religion, sex, disability or national origin, all bidders shall be prepared to
demonstrate that they and their subcontractors have undertaken a positive and continuing program
to promote the full realization of equal employment opportunities.
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.
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The lowest responsible bidder shall be the bidder who offers to perform the work involved
according to the plans and specifications therefore for the least amount of money; provided the
bidder has the ability, capacity and, when necessary, the required State or other license and that
he and his subcontractors have undertaken an affirmative action program to promote the full
realization of equal employment opportunities meeting the minimum requirements set forth herein.
Any subcontractor failing to comply herewith shall be deemed unqualified and shall be
substituted.
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 AFFIRMA.TIVE ACTION CONFERENCE - A pre -award affirmative
action conference may be required of the potentially lowest responsible bidder and his
subcontractors when the following conditions exist:
A. Prime Contractor
1. The total contract amount is greater than $20,000 with ten or more employees.
2. The prime contractor has not filed an approved affirmative action plan with the
City in the past six months. If an approved plan has been filed, the general
contractor will be required to file updates to the plan if any, or a letter
acknowledging that the previously submitted plan is stilt in effect.
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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.
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3. The project is federally funded.
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Each potentially selected bidder and his subcontractors who meet the above conditions, may be
required 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 NON-DISCRIMINATION
A. The successful bidder and each subcontractor shall undertake affirmative action to ensure
that applicants and employees are treated fairly such that the principles of equal opportunity in
employment are demonstrated positively and aggressively during employment, without regard to
race, color, religion, sex, disability, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading; demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship where applicable.
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 workers from all races and ethnic groups.
SP -7-2.3.5 CERTIFICATION OF NON-DISCRIMINATION - Each bidder on any public works
contract shall sign the certification of nondiscrimination which is a part of the proposal form.
Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and
file with the City a certificate of nondiscrimination.
SP -7-2.3.6 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 - Prior to contract award,
the potentially selected bidder shall demonstrate that he meets the following minimum standards
of affirmative action:
A. File with the City his affirmative action plan indicating the steps he is taking to encourage
and assist members of minority groups and persons with disabilities to become qualified workers
or suppliers. 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.
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13. File with the City evidence that he has notified his supervisors, foremen, other personnel
officers, and all subcontractors of the commitments to be assumed under these specifications.
C. File with the City evidence that he has notified all sources of employee referrals of the
commitments to be assumed under these specifications.
D. File with the City the name of the person designated to serve as Equal Employment
Officer who is authorized to supply reports and represent the Contractor in all matters regarding
the Affirmative Action Plan.
E. File with the City that he will make reasonable accommodations to employ persons with
disabilities.
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 NON-DISCRIMINATION
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
Non -Discrimination in Employment.
SP -7-2.4 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION - The
prevailing wage scale, as determined by the Director of Industrial Relations of the State of
California, in force on the day this bid was announced, will be the minimum paid to all craftsmen
and laborers working on this project. A copy of the correct determination will be posted at the
job site. It is understood that it is the responsibility of the bidder to determine the correct scale.
The City will keep a copy of the wage scale in the City Clerk's office for the convenience of
bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a
bidder's failure to comply with the actual scale then in force.
Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly certified
payrolls for each work week from the time he starts work on the project until he completes his
work. If he performs no work on the project during a given work week, he may either submit
a weekly payroll form with the notation, "No work performed during this work week," or submit
a letter to that effect. He should identify his initial and final payrolls by marking them "Initial"
and "Final." Payrolls shall be completed and submitted no later than seven (7) work days
following completion of the work week.
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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:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000
each occurrence. Such insurance shall include coverage for owned, hired, and non -owned
automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and
volunteers as additional insureds with respect to this Agreement and the
performance of services in this Agreement. The coverage shall contain no special
limitations on the scope of its protection to the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its
officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy
endorsements in addition to a certificate of insurance.
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In addition to requiring that you provide an insurance certificate showing
the levels and typesof coverage required for your project or contract, the
City of San Mateo also requires you to provide the City with a copy of the
actual endorsements to the commercial general, automobile, and any excess
liability insurance policies that show that the City of San Mateo, its boards,
commissions, officers, agents, and employees have been named as
additional insureds by the insurers.
These endorsements are required because California Insurance Code § 384
expressly provides that an insurance certificate is not proof of what the
underlying insurance policy actually contains. If you look at an insurance
certificate, you will notice that the certificate actually says the same thing.
Therefore, a certificate has minimal legal value and the City cannot be
reasonably certain that it is covered under the policies shown on the
certificate without endorsements.
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An endorsement is a piece of paper that modifies the terms of the
underlying policy and is issued by the insurance company itself, rather than
a broker.
A copy of a sample endorsement for commercial general liability is on the
following page for your reference.
4. No changes in insurance may be made without the written approval of the City
Attorney's office.
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SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
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SP -7-3.2 HOLD HARMLESS AND INDEMNITY PROVISION - Contractor agrees (1) to hold
harmless and indemnify City of San Mateo and its officers and employees from and against any
and all claims, loss, liability, damage, and expense arising from performance of this contract,
including claims, loss, liability, damage, and expense caused or claimed to be caused by passive
negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo,
its officers or employees there against; provided, however that this provision does not apply to
claims, loss, liability, damage or expense arising from (a) the sole negligence or willful
misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further
provided, that this provision shall not affect the validity of any insurance contract, workers
compensation or agreement issued by an admitted insurer as defined by the Insurance Code.
SP -7-7 COOPERATION AND COLLATERAL WORK - The City of San Mateo, its workers
and contractors, and others, have the right to operate within or adjacent to the 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.
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 Califomia, Department
of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance
Work Zones, 1990 Edition. (Section 360, California Vehicle Code, defines highways to include
streets.) The provisions of this manual will become a part of the requirements of the contract.
Construction operations shall be conducted in such a manner as to cause as little inconvenience
as possible to the abutting property owners or motoring public. Convenient access to driveways,
houses, and buildings along the line of work shall be maintained unless otherwise approved by
the City in advance. Contractor shall request and obtain approval from City before any lane
closures are implemented. Open excavation and ditches shall be covered and guarded in such
a manner as to permit safe traffic flow during hours when no work is being performed.
The contractor shall send notice to residents two days in advance of the first working day. The
notice shall describe the work to be done and the parking restrictions to be enforced. Said
notices shall be approved by the City prior to delivery.
SP -9-1 MEASUREMENT OF OUANTITIES - 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
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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%1 RETENTION - To ensure performance City is entitled to retain
ten percent (10%) of the contract price for 35 days after it records the Notice of Completion.
However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute
securities for said ten percent (10%) retention or request that the City make payments of
retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the
Public Contracts Code Section 22300 are hereby expressly made a part of the contract.
SP -9-3.2 PARTIAL AND FINAL PAYMENTS - Contractor shall submit each month a "Monthly
Progress Payment Request" in accordance with the schedule established at the preconstruction
conference. Contractor shall use City's standard form for such requests and submit one original
plus three copies of each request.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
PART 11 - CONSTRUCTION MATERIALS
SP -200-2.2 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the
provisions in Section 26, Aggregate Bases of the State Standard Specifications, 1992 edition.
SP -201-1 PORTLAND CEMENT CONCRETE. Portland Cement Concrete shall conform to the
provisions in Section 201-1, "Portland Cement Concrete" in the Standard Specifications and these
special provisions. Classes of concrete shall be as follows:
1. Curb and gutter — 520-C-2500
2. Manholes and catch basins — 560-C-3250
3. Concrete trench cap — 560-A-2500
4. Concrete plug or cap for pipes — 520-C-2500
5. Curb ramp, resident driveway and sidewalk — 520-C-2500
SP -203-3.2 EMULSIFIED ASPHALT. Emulsified asphalt tack coat shall be SS -1h. The tack
coat shall be diluted with no more than 15% water by volume.
SP -203-6.1 ASPHALT CONCRETE. Asphalt concrete surfacing shall be Type C -2 -AR -4000.
SP -206 MISCELLANEOUS METAL ITEMS. Catch basin frames and grates and manhole
frames and covers shall conform to the provisions in Section 206, "Miscellaneous Metal Items"
in the Standard. Specifications and these special provisions.
Manhole frames and covers shall be cast iron. Catch basin frames and grates shall be welded
steel and shall be of the type shown on plans.
SP -207 STORM DRAIN (SD) PIPE. Stone drain pipe shall be high density polyethylene
corrugated outside/smooth interior "Hi -Q" pipe manufactured by Hancor, Inc. or approved equal.
If the required fittings for the planned construction could be provided, other kinds of pipes may
be substituted for the above such as SDR 35 PVC pipe or SDR 32.5 polyethylene (PE) solid wall
pipe.
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SPECIAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
PART III - CONSTRUCTION METHODS
SP -300-1.3,2(c) REMOVAL AND DISPOSAL OF CONCRETE CURB. GUTTERS. CROSS
GUTTERS. AND DRIVEWAYS. Concrete removal shall conform to the provisions in Section
300-1.3.2(c) of the Standard Specifications and these special provisions.
Replace all pavement, sidewalk, curb and gutter, and other existing improvements in kind as
required to accommodate installation of catch basins and storm drains and to further extents as
indicated on the plans. Sidewalk to be removed must be saw cut along existing scoremarks. Full
width of sidewalk from back of curb to back of walk must be replaced. Removal of only front
or back portion of sidewalk will not be allowed.
When only curb and gutter or sidewalk is to be removed and replaced, saw cut at back of curb.
Replace by drilling into the existing sidewalk or curb and installing #4 rebar with epoxy 4 feet
on center maximum, extending four inches into curb.
Full compensation for removal and disposal of concrete shall be considered as included in the
price bid for other items of work and no additional compensation will be allowed therefore.
SP -300-2.6 SURPLUS MATERIALS. Disposal of surplus materials such as trench spoils shall
conform to the provisions in Section 300-2.6 of the Standard Specifications and these special
provisions. All surplus materials shall be disposed outside the City of San Mateo. All costs
associated with such disposal shall be included in the various bid items and no additional
compensation shall be made therefore.
SP -303.1 CONCRETE STRUCTURES. Manhole construction shall conform to the provisions
in Section 303-1, "Concrete Structures" of the Standard Specifications and these special
provisions.
SP -303-5.9 MEASUREMENT AND PAYMENT. Measurement and payment of curb and
gutters, sidewalks, curb ramps, and driveway approaches shall be final as shown in the bid
schedule unless field changes have been made. Measurement for payment shall be as follows:
1. Length of curb and gutter to be removed and replaced shall be measured at the face of
curb. Price per lineal foot of curb and gutter shall include the cost of removal and
disposal of the old curb and gutter and all the other items shown in the details for its
construction.
2. Area of sidewalk to be removed and replaced shall be measured from the back of curb
to the back of sidewalk. Price per square foot of sidewalk removed and replaced shall
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include the cost of removal and disposal of the old sidewalk and other items of work
shown in the details for the construction of new sidewalk.
3. Area of curb ramps for payment shall be measured from the back of curb to the back of
sidewalk line. Price per square foot of new curb cuts shall include the cost of removal
and disposal of the old sidewalk and other items of work shown in the details for the
construction of the new curb cuts.
4. Area of driveway approaches for payment shall be measured from the back of curb to the
back of sidewalk line. Price per square foot of new driveway approach shall include the
cost of removal and disposal of the old driveway approaches and other items of work as
shown in the details for the construction of new driveway. approaches.
SP -306-1.1.2 MAXIMUM LENGTH OF OPEN TRENCH. No more than 200 linear feet of
open trench shall be permitted at any time unless authorized by the Engineer in advance. Trench
shall be backfilled and capped with concrete prior to advancing the trench. Effort shall be made
to open the street to vehicular traffic as soon as possible.
SP -306-1.2 INSTALLATION OF PIPE. Pipe installation shall conform to the provisions of
Section 306-1.2, "Installation of Pipe" of the Standard Specifications and these special provisions.
SP -306-1.3 BACKFILL AND DENSIFICATION. Trench backfill shall be controlled density
fill or sand slurry backfill conforming to the following design mix. Backfill shall be placed in
the trench in accordance with the manufacturer's recommendations.
CONTROLLED DENSITY FILL
Materials
Cement
Fly Ash
Water
Pea Gravel
Top Sand
Blend Sand 315
S.S.D. Weights (lbs.) Volume (cu. ft.)
30 0.25
300 2.05
4.53
283
1085 6.49
1295 7.78
Air
TOTAL
1.85
15% 4.05
3308 27.00
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SAND SLURRY BACKFILL
Materials
S.S.D. Weights (lbs)
Volume (cu. ft.)
Cement (2 sacks)
188
.96
Water (36 gallons)
300
4.80
Admixture (Pozz. 300R)
Air
Sand per ASTM C33
3000
18.50
TOTAL
3488
25.34
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 -306-3.3 DEWATERING. Dewatering shall conform to the provisions in Section 306-3.3 of
the Standard Specification and these special provisions.
The existing storm drainage system which will be connected to this proposed drainage system
carries in it standing water. It has been the City's experience that even when the Casanova pump
station is pumped to its lowest condition, some water will not drain from the existing system.
Contractor is advised that at connections on Pasadena, from new system to old system, standing
water will likely be found in existing system. The Contractor shall be responsible for dewatering
trenches and excavations for proper installation and/or construction of pipes, manholes, and catch
basins. Cost of dewatering shall be included in the cost of other items as listed in the bid
schedule and no separate payment shall be made therefore.
SP -306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Abandonment of conduits
and structures shall conform to the provisions in Section 306-5 of the Standard Specifications.
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1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
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 1995.
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work
and improvements or other matters herein provided, and execution of this contract.
(b) A notice was duly published for bids for the contract for the improvement
hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the
construction of the improvements hereinafter described to Contractor.
IT IS AGREED, as follows:
1. Scope of Work. Contractor shall perform the work according to the Contract Book
therefore entitled:
1995-96 CITY-WIDE STORM DRAIN IMPROVEMENTS
EAST 40TH AVENUE - GILLIS DRIVE TO PASADENA DRIVE
CITY PROJECT NO. 09-90-61.44
2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the
work above agreed to be done the sum of
Said price is determined by the prices contained in Contractor's bid, and shall be paid as
described in the Contract Book. In the event work is performed or materials furnished in addition
to or a reduction of those set forth in Contractor's bid and the specifications herein, such work
and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following
documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the
Contract Book which includes the Special Provisions and Contract Drawings, Addendums
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August 31, 1995
Number _ issued to the Contract Book, the APWA-AGC Standard Specifications for Public
Works Construction, 1994 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 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 prevailing wage scale as determined by the Director
of Industrial Relations of the State of California, in force on the day the bid was announced, will
be the minimum 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
Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the
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August 31. 1995
City Clerks office. Any errors or defects in the materials in the City Clerk's office will not
excuse a bidder's failure to comply with the actual scale then in force.
8. Insurance. The Contractor shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than
$1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and
non -owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
1. Include the City of San Mateo, its elected and appointed officers, employees, and
volunteers as additional insureds with respect to this Agreement and the performance of services
in this Agreement. The coverage shall contain no special limitations on the scope of its
protection to the above -designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its
officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy
endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City
Attorney's office.
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.
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It is the intent that neither party to this contract shall have to pay the other more than $5,000 for
attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The
parties expect and hope there will be no litigation and that any differences will be resolved
amicably.
11. Mediation. Should any dispute arise out of this Agreement, any party may request
that it be submitted to mediation. The parties shall meet in mediation within 30 days of a
request. The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the American
Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed -upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement. The
mediation process, once commenced by a meeting with the mediator, shall last until agreement
is reached by the parties but not more than 60 days, unless the maximum time is extended by the
parties.
12. Arbitration. After mediation above, and upon agreement of the parties, any dispute
arising out of or relating to this agreement may be settled by arbitration in accordance with the
Construction Industry Rules of the American Arbitration Association, and judgment upon the
award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The
costs of arbitration shall be borne equally by the parties.
13. Provisions 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.
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
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Notices required to be given to Contractor shall be addressed as appears in the signature
block as shown on the Bidder's Statement.
15. Interpretation. As used herein any gender includes each other gender, the singular
includes the plural and vice versa.
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties
hereinabove named, as of the day and year first above written.
CONTRACTOR CITY OF SAN MATEO, a
municipal corporation
By: MAYOR
ATTEST:
(Typed Name of' Person Signing) CITY CLERK
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DETAIL 1 - MODIFIED TYPE GO DRAINAGE INLET