HomeMy Public PortalAboutCommunity Development Block Grant Sanitary Sewer Repair 1985/ 19861
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CITY OF SAN MATEO
STATE OF CALIFORNIA
CONTRACT BOOK
COMMUNITY DEVELOPMENT BLOCK GRANT
SANITARY SEWER REPAIR
1985 / 1986
TO BE USED IN CONJUNCTION WITH
APWA - AGC
Standard Specifications for
Public Works. Constructions, 1985
PROJECT NO. 95 -13.02
DATE FEB 1986
PUBLIC WORKS DEPARTMENT
330 W. 20th Avenue
San Mateo, California 94403
Telephone (415) 377-3315
/CI
CITY OF SAN MATEO, CALIFORNIA.
FOR COED SEWER REPAIR 1985/86
OPENED 3/25/86
PROJECT NO.
P.O. NO.
910
TEM
DESCRIPTION
OF ITEM
QUANTITY
ENGINEER'S
ESTIMATE
` NARTY PIPELINES
`
M. CASEY CONST. CO.
, UWIACKE 1
CONSTRUCTION CO.
I
ESTIMATE
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
j UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
1
mire sanitary
severlaterals ,
-_-I_-_-
131 L.F.
70.00
9 170.00 I
53.00
6,943.001
60.00 7,860.00
1 80.00
10,480.001
MANUEL
C. SARDIN
NC. -
38 493.801
stall 6" PVC •i•e
Lateral
I
W. S. .AFFNEY,
INC
-
$59,645.001
2.
reconnection
6
200.00
1.200.00
450.00
2,700.00
500.00
3,000.00
50.00
300.00
at main
ea.
6
00 nn
1 000 On
450.00
�
2,250.00
300.00
1,500.0
I
500.00
2,500.00
I
Construct cleannut
man-
ea.
4.
Install standard
hole
1 ea.
1,200
1,200.00
2,800
2,800.001
2,000
2,000.00
2,000
2,000.001
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5.
Remove existing 6"
I
_
sanitary sewer main
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and install 6" PVC
193 L.F.
85.00
16 405.00 I
63.00
12,159.00
65.00
12,545.001
90.00
17,370.00!
•1.-
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TOTAL - -
28,975.00 I
$26,852.'00
$26,905.00
$32,650.00
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IPPIIIIIIIIVIN/rama=mrscraensaimslat
ROUTE TO: Manager
Attorney
Clerk
Admin. Services
FROM: I,]ruCe_-T. Hnrt
(Person Opening Bids)
Date of opening:
Time:
3/7 5/k
2: 00 PM
RE: BID RESULTS
• Project Title CDBG-,e\1NCC 72 36 epair 1985
• Department Coordinating ?Alt r Weeks,
• City Estimated Cost S 97.3.00 Funding Source 95-13.02&
TOTAL BID
RAMC
ORDER
OlUUI.fl( WLP"COJ.a
M Catattki c C-+ cn
261905.00
2
(5.
c j
(i-{-
c3
(-3;a Sly /Vain WO -1/4
RPr►W� C' i+;r 1 94067
WS Go-P-rnP 1 Inc
.
96 Pcni\SYLlrunin AVe.
cc?I 6l -I EGO
Snit\ V- r<„rv-,{ tco 94107
r-iar+t P; (r'�nec
Ong f UiIIe�z L me.
#i 852.00
Cn1YY1a 94015
MnduIPI C.7.QTri1/{\`If`•
P.O. Rix Q77
`")2(493.$0
Unsnn Gh/ 94-51g7
l Inin c k� C':-ncr, Lc -L\
SG9S 1)ianrnrd Nor. 8Ivd
It32,C,n.Co
&: r Fraer2,1cCO 94131
(
(
Follow -Up Responsibilities:
A) Recommendation of Award Memo
B) Affirmative Action
C) Purchase Order
Name/Department
E17
pm
81W-
BTH:dlo/0213g/6-85
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985.86
Engineer's Estimate
Item Description Estimated Unit Total Amount
No. of Work Quantity Unit Price of Item
1. Remove 4" sanitary sewer
laterals and install 6"
PVC pipe. 131 L.F. $ 70.00 $ 9,170
2. Lateral reconnection
at main. 6 ea. $ 200.00 $ 1,200
3. Construct cleanout. 5 ea. $ 200.00 $ 1,000
4. Install standard manhole. 1 ea. $1.200.00 $ 1,200
5. Remove existing 6"
sanitary sewer main and
install 6" PVC pipe. 193 L.F. $ 85.00 $16,405
NOTE: Prices bid for items above shall include all applicable adapters and
connecters required to make the connections between the newly installed
pipe and the existing pipe, the main line and the laterals together
with the restoration of all improvements and/or plantings.
TOTAL $28,975.00
0594p/7 38
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
CITY OF SAN MATEO, CALIFORNIA
1. Sealed bids will be received by the City Council of the City of San
Mateo, California, for installation of 6" Polyvinyl Chloride Plastic Pipe,
installation of cleanouts, removal of existing 4" sewer laterals and 6" sewer
main for spot repairs, installation of a City Standard Manhole and other work
as shown on the Contract Drawings No. 2-4-7 and as described in the General
and Special Provisions and APWA—AGC Standard Specifications for Public Works
Construction, 1985 Edition, and all addenda thereto.
2. The Contract Book, plans and proposal forms are available at the Public
Works Department, City Hall, 330 West 20th Avenue, San Mateo, California. A
nonrefundable fee of $10.00 per set is required.
3. 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.
4. The Contractor is notified that he shall comply with the requirements for
Affirmative Action as set forth in General Provisions GP -7-2.3.1 through
GP -7-2.3.12.
5. The time of completion for this contract shall be sixty (60) working
days, beginning from the date of Notice to Proceed.
6. 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.
7. The general prevailing rate of wages applicable to the work to be done as
shown on the Prevailing Wage Scale — General on file in the office of the City
Clerk, or that established by the Federal Wage Determination Decision #CA86-4
(including all modifications), whichever is greater. The Contractor is
required to post the latest wage determination at the job site.
8. Said sealed proposals shall be delivered to the City Clerk,
330 West 20th Avenue, San Mateo, California 94403, at or before
Tuesday, March 25, 1986, and they shall be opened and read by a
Representative at said date and time at a public meeting called
City Hall,
2:00 p.m., on
City
by him.
9. 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.
10. To ensure performance, City reserves the right to retain ten percent
(10%) of the contract price for 35 days after it records the Notice of
Completion. However, pursuant to Government Code §4590, the Contractor may
substitute securities for said ten percent (10%) retention. The provisions of
§4590 are hereby expressly made a part of the contract.
Dated: February, 1986 /s/ JANE POWELL, MAYOR
0594p/7 1
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
CITY OF SAN MATEO, CALIFORNIA
CONTRACT DRAWINGS NO. 2-4-7 (1 sheet)
and Special Drawing No. 1: Sewer Lateral Installation
TIME OF COMPLETION: 60 Working Days
iHHHHt
CONTENTS
PROPOSAL FORM
SCHEDULE OF BID ITEMS
LIST OF SUBCONTRACTORS
BIDDER'S STATEMENT
CERTIFICATE OF NONDISCRIMINATION
GENERAL PROVISIONS
SPECIAL PROVISIONS
0594p/7 2
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COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
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 the General and Special Provisions and
APWA—AGC Standard Specifications for Public Works Construction, 1985 Edition,
and all addenda thereto.
This proposal is submitted in conformance with the requirements of the
APWA—AGC Standard Specifications for Public Works Construction, 1985 Edition,
and all addenda thereto; 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
0594p/7 3
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
Schedule of Bid Items
Item Description
No. of Work
1. Remove 4" sanitary sewer
laterals and install 6"
PVC pipe.
2. Lateral reconnection
at main.
3. Construct cleanout.
Estimated
Quantity Unit
131 L.F.
6 ea.
5 ea.
Unit Total Amount
Price of Item
$ $
4. Install standard manhole. 1 ea. $ $
5. Remove existing 6"
sanitary sewer main and
install 6" PVC pipe. 193 L.F. $ $
NOTE: Prices bid for items above shall include all applicable adapters and
connecters required to make the connections between the newly installed
pipe and the existing pipe, the main line and the laterals together
with the restoration of all improvements and/or plantings. Prices bid
for cleanouts shall include all connectors and pipe needed to reconnect
cleanout to lateral both upstream and downstream.
TOTAL $
0594p/7 4
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C O M M U N I T Y D E V E L O P M E N T B L O C K G R A N T S E W E R R E P A I R 1 9 8 5 / 8 6
L I S T O F S U B C O N T R A C T O R S
E a c h b i d d e r i n s u b m i t t i n g h i s b i d f o r t h e d o i n g o f t h e w o r k o r i m p r o v e m e n t
s h a l l i n h i s b i d o r o f f e r , i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f S e c t i o n 4 1 0 4
o f t h e G o v e r n m e n t C o d e o f t h e S t a t e o f C a l i f o r n i a , s e t f o r t h t h e f o l l o w i n g :
1 . N a m e a n d a d d r e s s o f t h e p l a c e o f b u s i n e s s o f e a c h s u b c o n t r a c t o r w h o w i l l
p e r f o r m w o r k o r l a b o r o r r e n d e r s e r v i c e t o t h e g e n e r a l c o n t r a c t o r i n o r , a b o u t
t h e c o n s t r u c t i o n o f t h e w o r k o r t h e i m p r o v e m e n t i n a n a m o u n t i n e x c e s s o f
o n e h a l f ( 1 / 2 ) o f o n e p e r c e n t ( 1 % ) o f t h e g e n e r a l c o n t r a c t o r ' s t o t a l b i d .
2 . T h e p o r t i o n a n d d o l l a r a m o u n t o f w o r k w h i c h w i l l b e d o n e b y e a c h
s u b c o n t r a c t o r .
D O L L A R
N A M E A D D R E S S S P E C I F I C W O R K A M O U N T
( i f n o n e , i n s e r t t h e w o r d " n o n e " )
$
$
0 5 9 4 p / 7 5
$
1
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
The undersigned has carefully read the APWA—AGC Standard Specifications for
Public Works Construction, 1985 Edition, and all addenda thereto, 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:
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 said
contract 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
0594p/7 6
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C O M M U N I T Y D E V E L O P M E N T B L O C K G R A N T S E W E R R E P A I R 1 9 8 5 / 8 6
E n c l o s e d f i n d b o n d o r c e r t i f i e d c h e c k o r c a s h i e r ' s c h e c k N o . o f
t h e B a n k f o r
N o t l e s s t h a n t e n ( 1 0 ) p e r c e n t o f t h i s b i d p a y a b l e t o t h e C i t y o f S a n M a t e o ,
C a l i f o r n i a , a n d w h i c h i s g i v e n a s a g u a r a n t e e t h a t t h e u n d e r s i g n e d w i l l e n t e r
i n t o t h e c o n t r a c t i f a w a r d e d t o t h e u n d e r s i g n e d .
T h e u n d e r s i g n e d a g r e e s t h a t t h i s b i d m a y n o t b e w i t h d r a w n f o r a p e r i o d o f
t h i r t y ( 3 0 ) d a y s a f t e r t h e d a t e s e t f o r t h e o p e n i n g t h e r e o f .
N O T E : I F T H E P R O P O S A L I S M A D E B Y A N I N D I V I D U A L , H I S N A M E . A N D P O S T O F F I C E
A D D R E S S M U S T B E S H O W N . I F T H E P R O P O S A L I S M A D E B Y A P A R T N E R S H I P , T H E N A M E A N D
A D D R E S S O F E A C H M E M B E R O F T H E F I R M O R P A R T N E R S H I P M U S T B E S H O W N ; O R I F M A D E B Y
A C O R P O R A T I O N , T H E P R O P O S A L S H A L L S H O W T H E N A M E O F T H E S T A T E U N D E R T H E L A W S O F
W H I C H T H E C O R P O R A T I O N W A S C H A R T E R E D A N D T H E N A M E S , T I T L E S A N D B U S I N E S S
A D D R E S S E S O F T H E P R E S I D E N T , S E C R E T A R Y A N D T R E A S U R E R O F S A I D C O R P O R A T I O N .
S I G N A T U R E S F O R B I D D E R :
I f C O R P O R A T I O N , S i g n B e l o w
I f I N D I V I D U A L , S i g n B e l o w ( S h o w N a m e s o f N o n s i g n i n g O f f i c e r s )
S i g n a t u r e
D a t e A C O R P O R A T I O N
P o s t O f f i c e A d d r e s s N a m e o f S t a t e W h e r e C h a r t e r e d
I f P A R T N E R S H I P , S i g n B e l o w
( S h o w N a m e s o f N o n s i g n i n g P a r t n e r s ) P R E S I D E N T D a t e
N a m e o f P a r t n e r s
S i g n a t u r e
S E C R E T A R Y D a t e
D a t e T R E A S U R E R D a t e
P o s t O f f i c e A d d r e s s P o s t O f f i c e A d d r e s s
B I D D E R ' S S T A T E M E N T S h e e t 2
0 5 9 4 p / 7 7
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR = 1985/86
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:
0594p/7 8
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COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
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, or that
established by. the Federal Wage Determination Decision #CA 86-4 (including all
modifications), whichever is higher, will be paid to all bepaid 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:
(Name and Title of Person Making Certification)
Date:
Note: Contractor will be obligated, per federal requirements, to submit
weekly pay sheets for federal verification, if applicable.
0594p/7 9
COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR — 1985/86
GENERAL PROVISIONS
CITY OF SAN MATEO, CALIFORNIA
PART 1 — GENERAL PROVISIONS — The work embraced herein shall be done according
to the APWA—AGC Standard Specifications for Public Works Construction, 1985
Edition, and all addenda thereto (hereinafter referred to as the Standard
Specifications) and according to the General and Special Provisions. The
Standard Specifications are in all other respects incorporated into and are a
part of the contract, except where they conflict with the General and Special
Provisions.
GP -2-1 AWARD OF CONTRACT — The contract may be awarded to the lowest
responsible bidder. In determining lowest responsible bidder 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.
GP -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 dulyexecuted 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
s.
"Payment Bond" (Material and LaboroBond) dshall lbeefor ntsnotty lessnthan 50e 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 developed defects.
GP -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
reasonable time after notice, the City
good at the expense of the Contractor,
therefore immediately upon demand.
the above —mentioned conditions within a
will have the defects repaired and made
who agrees to pay the costs and charges
0594p/7 10
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GP -2-4.1 GUARANTEE (cont.)
The signing of the agreement by the Contractor shallconstitute 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.
GP -2-5 PLANS AND SPECIFICATIONS — The plans for this project are as follows:
CONTRACT PLANS
Title Drawing No.
Community Development Block Grant
Sewer Repair 1985-86 2-4-7 (1 sheet)
and Special Drawing No. 1: Sewer Lateral Installation
STANDARD PLANS
Title Drawing No.
Standard Precast Concentric Manhole 3-1-104
Typical Sections of Curb, Gutter 6 Sidewalk 3-1-141
Standard Trench Detail .. 3-1-153
Standard Type "B" Manhole Frame and Cover 3-1-107
GP -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 July 1984, and all addenda
thereto, shall be used in lieu.
GP -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:
0594p/7 11
GP -2-6 WORK TO BE DONE — (cont.)
1. Remove 4" sanitary sewer pipe lateral and install 6" PVC pipe.
2. Lateral reconnections at main.
3. Construct cleanouts.
4. Install Standard Manhole.
5. Remove existing sanitary sewer main and install 6" PVC pipe.
NOTE: All work shall include installation of applicable adapters and the
restoration of improvements and plantings. Construction of clean outs
shall include all connectors and pipe needed to reconnect to the
lateral both upstream and down stream.
0594p/7 12
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GP -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.
GP -2-9.3—i — 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 $40.00 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.
GP -2-11 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, appealsor 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.
GP -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 GP -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
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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,
GP -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 contractpriceto the monies available. Presently there is approximately $30,000 available
for this project. The City shall have full authority and discretion to
determine the decrease or increase in quantities required as well as the
subprojects which will be altered, added or deleted. The Contractor shall not
be entitled to any additional compensation or adjustment in the unit prices
bid because of the above —stated alteration of this project.
GP -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 and the City so that they
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 damages.
GP -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.
GP -6-1.1 PRECONSTRUCTION CONFERENCE — A preconstruction conference will be
held at a location selected by the City for the purposes of review and
approval of said schedule and to discuss construction procedures. 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.
GP -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.
GP -6-7 TIMEOFCOMPLETION — The Contractor shall prosecute and work to
completion before the expiration of 60 working days.
The City will furnish the Contractor a statement of working days remaining on
the contract as part of the monthly progress estimate.
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GP -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.
7-2.2.1 HOURS OF LABOR — Construction operations beyond the eight —hour normal
workday and on legal holidays may occur on occasion. The Contractor shall
notify the City Engineer in writing twenty—four (24) hours prior to any
nonemergency type overtime operations or forfeit the sum of the job
inspector's pay per day (or prorated portion thereof) for overtime work
without written consent of the City Engineer —said sum to be deducted from any
monies due the Contractor or paid directly to him.
GP -7-2.3 AFFIRMATIVE ACTION GUIDELINES — This section is the City's adopted
Affirmative Action Program.
GP -7-2.3.1 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.
GP -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 lowest responsible bidder shall be thebidder who offers to perform the
work involved according to the plans and specifications therefor for the least
amount of money; provided the bidder has the ability, capacity and, when
necessary, the required state or other license and that he and his
subcontractors have undertaken an affirmative action program to promote the
full realization of equal employment opportunities meeting the minimum
requirements set forth herein. Any subcontractor failing to comply herewith
shall be deemed unqualified and shall be substituted.
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GP -7-2.3.3 PREAWARD AFFIRMATIVE ACTION CONFERENCE - A preaward affirmative
action conference will be required of the potentially lowest responsible
bidder and his subcontractors when the following conditions exist:
A. Prime Contractor
1. The total contract amount is greater than $20,000 with ten or more
employees.
2. The prime contractor has not filed an approved affirmative action plan
with the City in the past six months. If an approved plan has been filed,
the general contractor will be required to file updates to the plan if
any, or a letter acknowledging that the previously submitted plan is still
in effect.
-or-
3. The project is federally funded.
B. Subcontractors
1. The total amount involved in the subcontract is greater than $10,000
with ten or more employees.
2. The subcontractor has not filed an approved affirmative action plan
with the City in the past six months. If an approved plan has been filed,
the subcontractor will be required to file updates to the plan if any, or
a letter acknowledging that the previously submitted plan is still in
effect.
-or--
3. The project is federally funded. '
Each potentially lowest responsible bidder and his subcontractors who meet the
above conditions, will be expected to meet with the City at a preaward
conference to be held prior to referral to the Council for consideration and
award.
GP -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.
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C. In all hiring, the successful bidder and each subcontractor shall make
every effort to hire qualified workmen from all races and ethnic groups.
GP -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.
GP -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.
GP -7-2.3.7 AFFIRMATIVE ACTION BY PRIME CONTRACTORS — At the preaward
conference, the potentially lowest responsible bidder shall demonstrate that
he meets the following minimum standards of affirmative action:
A. File with the City his affirmative action plan indicating the steps he is
taking to encourage and assist members of minority groups to become qualified
workers. Such a plan will include practices with respect to:. recruitment;
employment; compensation; promotion or demotion; and selection 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 more fully to 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.
GP -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 GP -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
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GP -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 -7-2.3.10 ASSURANCE OF COMPLIANCE WITH REGULATIONS -
A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1963, as amended, 12 U.S.C. 1701u. Section 3 -requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work in
connection with the project to be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area
of the project.
8. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR 135, and all applicable
rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
section 3 clause and shall post copies of the noticeinconspicuous places
available to employees and applicants for employment or training.
D. The contractor will include this section 3 clause in every subcontract for
work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135. The contractor will not sub-
contract with any subcontractor where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR 135 and
will not let any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements
of these regulations.
E. Compliance with the provisions of section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the contract, shall be a condition of
the Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its successors, and assigns
to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and tosuchsanctions as are
specified in 24 CFR 135.
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SP -7-2.3.11 FOR FEDERALLY —ASSISTED CONTRACTS —
The contractor shall comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor. See Section SP -7.2.3.13.
NONCOMPLIANCE:
In the event of the contractor's noncompliance with the non—discrimination
clauses of this contract or with any of such rules, regulations, or orders,
this contract may be cancelled, terminated or suspended in whole or part and
the contractor may be declared ineligible for further Government contracts or
federally assisted construction contract procedures authorized in Executive
Order 11246 of September 24; 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
STATEMENT OF WORK FORCE NEEDS:
Prior to the signing of a contract, a preliminary statement of work force
needs, where known, shall be submitted to the City of the contractor. Where
work force needs are not known, such information shall be supplied to the City
prior to the signing of any contract between contractors and their
subcontractors.
SP -7-2.3.12 FEDERAL LABOR STANDARDS PROVISION — Contained in HUD Publication
4010 (2-84) are included in this contract book and are a part of the contract
provisions.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the construction work covered by this contract.
pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this Contract pursuant to
the provisions applicable to such Federal assistance.
A. 1. Minimum Wages. All laborers and mechanics employed or working
upon the site of the work (or under the United States Housing Act of 1937. or
under the Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll
deduction as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Par 3), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the
0594p/7 19
Secretary of Labor which is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to exit between the
contractor and such laborers and mechanics. Contribution made or costs
reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis —Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborer or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds,
or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work
actually permitted, without regard to skill, except as provided in 29 CFR part
5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under 29 CFR Part
5.5(a)(1)(ii) and the Davis —Bacon poster (WH-132) shall be posted at all times
by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. HUD shall approve an
additional classification and wage rate and fringe benefits therefore only
when the following criteria have been met.
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears
a reasonable relationship to the wage rates contained in the wage
determination.
(b) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent
by HUD or its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,
D.C. 20210. The Administrator, or an authorized representative will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee
within the 30 —day period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB control number 1215-01409).
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(c) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and HUD or its designee do not
agree on the proposed classification and wage rate (includingthe amount
designated for fringe benefits, where appropriate), HUD or its designee shall
refer the questions, including the views of all interested parties: and the
recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise HUD or its designee or
will notify HUD or itsdesignee within the 30 —day period that additional time
is necessary. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to
all workers performing work in the classification under this contract from the
first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the contractor, that the applicable
standards of the Davis —Bacon Act have been met. The Secretary of Labor may
required the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD'or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with th same prime contractor, or any other
Federally —assisted contract subject to Davis —Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of
1949 i the construction or development of the project), all or part of the
wages required by th contract, HUD or its designee may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds untilsuch violations have ceased. HUD or its designee
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may, after written notice to the contractor, disburse such amounts withheld
for and on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act contracts.
3. (i) Payrolls and basic record. Payrolls and basic records relation
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing
Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address,and
social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
anticipated *in providing benefits under a plan or program described in Section
1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of
apprenticeship programsand certification of trainee programs, the registration
of the apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs. (Approved by the Office of Management and Budget
under OMB control Numbers 1215-0140 and 1215-0017).
(ii) (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CRF Part 5.5(a)(3)(i). This information
may be submitted in any form desired. Optional Form WH-347 is available for
this purpose andmaybe purchased from the SuperintendentofDocuments
(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, D.D. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number 1215-0149).
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or heragentwho
pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such
information is correct and complete;
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(2) That each laborer or mechanic (including eachhelper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate either directly or indirectly, and
that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in 29 CRF Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth
on the reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph A.3(ii)(b)
of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph A.3(i) of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor
fails to to submit the required records or to make them available, HUD or its
designee may, after written notice to the contractor, sponsor, applicant,
owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be
permitted to work at les's than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by. the Bureau, or if a person
is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable
ration of apprentices to journeyman on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under the registered program. Any worker listed
on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate
on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the
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applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified
in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines Chat a different practice
prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by
the Bureau, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio
of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applidable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides
for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the
work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will
no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended, and
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29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply
with the requirements of 29 CFR Part 3 which are incorporated by reference in
this contract.
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such
other clauses as HUD or its designee may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR Part 5.5.
7. Contract termination; debarment. A breach of the contract clauses in
29 CFR 5.5 may be grounds for terminationofthe contract, and for debarment
as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis —Bacon and Related Act Requirements. All rulings
and interpretations of the Davis —Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.•
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract, the
contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of Section 3(a) of the Davis —Bacon
Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of the
Davis —Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code,
Section 1010, Title 1B, U.S.C., "Federal Housing Administration transactions",
provides in part "Whoever, for the purpose of . . . influencing in any way the
action of such Administration . . . makes, utters or publishes any statement,
knowing the same to be false . . . shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of this
Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
0594p/7 25
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employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this
paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of
eight hours in any calendar day or in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than
one and one—half times the basic rate of pay for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in such workweek,
whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or it
designee shall upon its won action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor os
subcontractor under any such contract or any other Federal contract with the
same prime contract, or any other Federally —assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous to his
health and health standard promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be finding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as the
Secretary of Housing and urban Development or the Secretary of Labor shall
direct as a means of enforcing such provisions.
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ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO—CALLED "ANTI —KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of the Act of June 3, 1934 [48 Stat. 948, 40 U.S.C.,
sec. 276b] pursuant to the Act of June 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person employed in
the construction, prosecution, completion or repair of any public building,
public work, or building or work financed in whole or in part by loansor
grants from the United States, to give up any part of the compensation to
which he is entitled under his contract of employment, shall be fined not more
than $5,000 or imprisoned not more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for Contractors
and subcontractors engaged in the construction, prosecution, completionor
repair of public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States, including a
provisions that each contractor and subcontractor shall furnish weekly a
statement with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply to such
statements.
Pursuant to the aforesaid Anti —Kickback Act, the Secretary of Labor,
United States Department of Labor, has promulgated the regulations hereinafter
set forth, which regulations are found in Title 29, Subtitle A, Code of
Federal Regulations, Part 3. The term "this part," as used in the regulations
hereinafter set forth, refers to Part 3 last above mentioned. Said
regulations are as follows:
TITLE 29 — LABOR
Subtitle A — Office of the Secretary of Labor
PART 3 — CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK
FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
0594p/7 27
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Section 3.1 Purpose and scope.
This part prescribes "anti —kickback" regulations under section 2 of the
Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the
Copeland Act. This part applies to any contract which is subject to Federal
wage standards and which is for the construction, prosecution, completion, or
repair of public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The part is
intended to aid in the enforcement of the minimum wage provisions of the
Davis —Bacon Act and the various statutes dealing with the Federally —assisted
construction that contain similar minimum wage provisions, including those
provisions which are not subject to Reorganization Plan No. 14 (e.g., the
College Housing Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime provisions of the
Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of Contractor and subcontractors
relative to the weekly submission of statements regarding the wages paid on
work covered thereby; sets forth the circumstances and procedures governing
the making of payroll deductions from the wages of those employed on such
work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction
activity as distinguished from manufacturing, furnishing of materials, or
servicing and maintenance work. The terms include, without limitations,
buildings, structures, and improvements of all types, such as bridges, dams,
plants, highways, parkways, streets subways, tunnels, sewers, mains,
powerlines, pumping stations, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals;
dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and
landscaping. Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the manufacture or
furnishing of materials, articles, supplies, or equipment (whether or not a
Federal or State agency acquires title to such materials, articles, supplies,
or equipment during the course of the manufacture or furnishing, or owns the
materials from which they are manufactured or furnished) is not a "building"
or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair"
mean all types of work done on a particular building or work at the site
thereof, including, without limitation, altering, remodeling, painting and
decorating, the transportation of materials and supplies to or from the
building or work by the employees of the construction contractor or
construction subcontractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building or work, by
persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work
for whose construction, prosecution, completion, or repair, as defined above,
a Federal agency is a contracting party, regardless of whether title thereof
is in a Federal agency.
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(d) The term "building or work financed in whole or in part by loans or
grants from the United States" includes building or work for whose
construction, prosecution, completion, or repair, as defined above, payment or
part payment is made directly or indirectly from funds provided by loans or
grants by a Federal agency, The term does not include building or work for
which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for
his labor in the construction,, prosecution, completion, or repair of a public
building or public work or building or work financed in whole or in part by
loans or grants from the United States is "employed" and receiving "wages,"
regardless of any contractual relationship alleged to exist between him and
the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or
other close relative of the contractor or subcontractor; a partner or officer
of the contractor or subcontractor; a corporation closely connected with the
contractor or subcontractor as parent, subsidiary or otherwise, and an officer
or agency of such corporation.
(g) The term "Federal agency" means the United States, the District of
Columbia, and all executive departments, independent establishments,
administrative agencies, and instrumentalities of the United States and of the
District of Columbia, including corporations, all or substantially all of the
stock of which is beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments, agencies, and.
instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to
persons in classifications higher than that of laborers or mechanics and those
who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction,
prosecution, completion, or repair of any public building or public work, or
building or work financed in whole or in part by loans or grants from the
United States, shall furnish each week a statement with respect to the wages
paid each of its employees engage on work covered by 29 CFR Parts 3 and 5
during the preceding weekly payroll period. This statement shall be executed
by the contractor or subcontractor or by an authorized officer or employee of
the contractor or subcontractor who supervises the payment of wages, and shall
be on form WH 348, "Statement of Compliance", or on an identical form on the
back of WH 317, "Payroll (For Contractors Optional Use)" or on any form with
identical wording. Sample copies of WH 347 and WHS 348 may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may
be purchased at the Government Printing Office.
(c) The requirements of this section shall not apply to any contract of
$2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary
of Labor may provide reasonable limitations, variations, tolerances, and
exemptions from the requirements of this section subject to such conditions as
the Secretary of Labor may specify.
0594p/7 Y9
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[29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968]
Section 3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll records.
(a) Each weekly statement required under §3.3 shall be delivered by the
contractor or subcontractor, within seven days after the regular payment date
of the payroll period, to a representative of a Federal or State agency in
charge at the site of the building or work, or, if there is no representative
of a Federal or State agency at the site of the building or work, the
statement shall be mailed by the contractor or subcontractor, within such
time, to a Federal or State agency contracting for or financing the building
or work. After such examination and check as may be made, such statement, or
a copy thereof, shall bekept available, or shall be transmitted together with
a report of any violation, in accordance with applicable procedures prescribed
by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll
records for a period of three years from date of completion of the contract.
The payroll records shall set out accurately and completely the name and
address of each laborer and mechanic, his correct classification, rate of pay,
daily and weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times for
inspection by the contractingofficeror his authorized representative, and by
authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval
of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in
-the paragraphs of this section may be made without application to and approval
of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal,
State, or local law, such as Federal or State withholding income taxes and
Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide
prepayment of wages when such prepayment is made without discount or
interest. A "bona fide prepayment of wages" is considered to have been made
only when cash or its equivalent has been advanced to the person employed in
such manner as to give him complete freedom of disposition of the advanced
funds.
(c) Any deduction of amounts required by court process to be paid to
another, unless the deduction is in favor of the contractor, subcontractor or
any affiliated person, or when collusion or collaboration exists.
(d) Any deduction constituting a contribution on behalf of the person
employed to funds established by the employer or representatives of employees,
or both, for the purpose of providing either from principal or income, or
both, medical or hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment
0594p/7 30
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benefits, vacation pay, savings accounts, or similar payments for the benefit
of employees, their families and dependents: Provided, however, that the
following standards are met: (1) The deduction is not otherwise prohibited by
law; (2) it is either: (i) Voluntarily consented to by the employee in writing
and in advance of the period in which the work is to be done and such consent
is not a condition either for the obtaining of or for the continuation of
employment, or (ii) provided for in a bona fide collective bargaining
agreement between the contractor or subcontractor and representatives of its
employees; (3) no profit or other benefit is otherwise obtained, directly or
indirectly, by the contractor or subcontractor or any affiliated person in the
form of commission, dividend, or otherwise; and (4) the deductions shall serve
the convenience and interest of the employee. -
(e) Any deduction contributing toward the purchase of United States
Defense Stamps and Bonds when voluntarily authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans
to or to purchase shares in credit unions organized and operated in accordance
with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making
of contributions to governmental or quasi —governmental agencies, such as the
American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making
of contributions to Community Chests, United Givers Funds, and similar
charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership
dues, not including fines or special assessments: Provided, however, that a
collective bargaining agreement between the contractor or subcontractor and
representatives of its employees provides for such deductions and the
deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of board,
lodging, or other facilities meeting the requirements of section 3(m) of the
Fair Labor Standards Act of 1938, as amended, and Part 341 of this title.
When such a deduction is made the additional records required under §516.27(a)
of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary
of Labor.
Any contractor or subcontractor may apply to the Secretary. of Labor for
permission to make any deduction not permitted under §3.5. The Secretary may
grant permission whenever he finds that:
(a) The contractor, or subcontractor, or any affiliated person does not
make a profit or benefit directly or indirectly from the deduction either in
the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
0594p/7 31
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(c) The deduction is either (1) voluntarily consented to by the employee
in writing and in advance of.the period in which the work is to bedone and
such consent is not a condition either for the obtaining of employment or its
continuance, or (2) provided for in a bona fide collective bargaining
agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under §3.6 shall
comply with the requirements prescribed in the following paragraphs of this
section:
(a) The application shall be in writing and shall be addressed to the
Secretary of Labor.
(b) The applicant shall identify the contract or contracts under which
the work in question is to be performed. Permission will be given for
deductions only on specific, identified contracts, except upon a showing of
exceptional circumstances.
(c) The application shall state affirmatively that there is compliance
with the standards set forthin the provisions of §3.6. The affirmation shall
be accompanied by a full statement of the facts indicatingsuch compliance.
(d) The application shall include a description of the proposed
deduction, the purpose to be served thereby, and the classes of laborers or
mechanics from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person
to whom any funds obtained from the proposed deductions are to be transmitted
and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction
is permissible under provisions of §3.6; and shall notify the applicant in
writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found
to be permissible under 53.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable payment on demand, or
the additional forms of compensation for which deductions are permissible
under this part. No other methods of payment shall be recognized on work
subject to the Copeland Act.
Section 3.11 Regulations part of contract.
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All contracts made with respect to the construction, prosecution,
completion, or repair of any public building or public work or building or
work financed in whole or in part by loans or grants from the United States
covered by the regulations in this part shall expressly bind the contractor or
subcontractor to comply with such of the regulations in this part as may be
applicable. In this regard, see §5.5 (a) of this subtitle.
GP -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.
GP -7-3.1 LIABILITY INSURANCE — Unless otherwise expressly modified and
approved in writing by the City Attorney's Office, insurance coverages shall
provide the following minimum limits: bodily injury — $250,000 each person,
$500,000 each occurrence, $500,000 aggregate products and completed
operations; property damage $250,000 each occurrence. A combinedsingle limit
policy with aggregate limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits. Further, in contracts for
professional services, including architectural, engineering, design services
and the like, professional liability insurance (errors and omission) shall be
provided in the minimum amount of $1,000,000.
All insurance policies required shall specify the City of San Mateo, its
elective and appointive boards, commissions, officers, agents, and employees
as additional insureds. Insurance certificates evidencing the required
coverages shall be provided to City prior to the commencement of work and
shall be maintained in full force and effect.
GP -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 caused by passive negligence of City
of San Mateo or its officers or employees, (2) to defend City of San Mateo,
its officers and 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 its
agents, servants or independent contractors who are directly responsible to
the 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.
GP -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.
0594p/7 33
"
G P - 7 - 9 P R O T E C T I O N A N D R E S T O R A T I O N O F E X I S T I N G I M P R O V E M E N T S T h e C o n t r a c t o r
s h a l l r e p a i r o r r e p l a c e a l l e x i s t i n g i m p r o v e m e n t s n o t d e s i g n a t e d f o r r e m o v a l
w h i c h a r e d a m a g e d o r r e m o v e d a s a r e s u l t o f i t s o p e r a t i o n . I m p r o v e m e n t s , s u c h
a s b u t n o t l i m i t e d t o , c u r b s , g u t t e r s , s i d e w a l k s , d r i v e w a y s , f e n c e s , w a l l s ,
s i g n s , p a v e m e n t s , r a i s e d p a v e m e n t m a r k e r s , t h e r m o p l a s t i c p a v e m e n t m a r k i n g s ,
s i g n s , s p r i n k l e r s y s t e m s , o r p l a n t i n g s , s h a l l b e r e p a i r e d a n d r e p l a c e d t o a
c o n d i t i o n e q u a l t o o r b e t t e r t h a n t h e o r i g i n a l c o n d i t i o n .
A l l c o s t s t o t h e C o n t r a c t o r f o r p r o t e c t i n g , r e m o v i n g , a n d r e s t o r i n g e x i s t i n g
i m p r o v e m e n t s s h a l l b e i n c l u d e d i n i t s b i d .
G P - 7 - 1 0 . 1 T R A F F I C A N D A C C E S S T h e C o n t r a c t o r s h a l l b e r e s p o n s i b l e , d u r i n g
a l l p h a s e s o f t h e w o r k , t o p r o v i d e f o r p u b l i c s a f e t y a n d c o n v e n i e n c e b y u s e o f
t r a f f i c c o n e s , s i g n s , l i g h t e d b a r r i c a d e s , l i g h t s , a n d f l a g m e n a s d e s c r i b e d a n d
s p e c i f i e d i n t h e S t a t e o f C a l i f o r n i a , D e p a r t m e n t o f T r a n s p o r t a t i o n " M A N U A L O F
T R A F F I C C O N T R O L S W a r n i n g S i g n s , L i g h t s , a n d D e v i c e s f o r U s e i n P e r f o r m a n c e
o f W o r k U p o n H i g h w a y s , " l a t e s t e d i t i o n . ( S e c t i o n 3 6 0 , C a l i f o r n i a V e h i c l e
C o d e , d e f i n e s h i g h w a y s t o i n c l u d e s t r e e t s . ) T h e p r o v i s i o n s o f t h i s m a n u a l
w i l l b e c o m e a p a r t o f t h e r e q u i r e m e n t s o f t h e c o n t r a c t .
C o n s t r u c t i o n o p e r a t i o n s s h a l l b e c o n d u c t e d i n s u c h a m a n n e r a s t o c a u s e a s
l i t t l e i n c o n v e n i e n c e a s p o s s i b l e t o t h e a b u t t i n g p r o p e r t y o w n e r s o r m o t o r i n g
p u b l i c . C o n v e n i e n t a c c e s s t o d r i v e w a y s , h o u s e s , a n d b u i l d i n g s a l o n g t h e l i n e
o f w o r k s h a l l b e m a i n t a i n e d . N o m o r e t h a n o n e h a l f ( 1 / 2 ) o f t h e r o a d w a y s h a l l
b e c l o s e d t o t r a f f i c a t a n y t i m e a n d t w o l a n e s o f t r a f f i c , o n e i n e a c h
d i r e c t i o n , s h a l l b e m a i n t a i n e d a t a l l t i m e s . O p e n e x c a v a t i o n a n d d i t c h e s
a c r o s s a r o a d w a y s h a l l b e c o v e r e d a n d g u a r d e d i n s u c h a m a n n e r a s t o p e r m i t
s a f e t r a f f i c f l o w d u r i n g h o u r s w h e n n o w o r k i s b e i n g p e r f o r m e d .
G P - 9 - 1 M E A S U R E M E N T O F Q U A N T I T I E S W h e n p a y m e n t f o r a w o r k i t e m i s t o b e m a d e
o n a t o n n a g e b a s i s , t h e C o n t r a c t o r s h a l l f u r n i s h t h e E n g i n e e r a l e g i b l e c o p y
o f a l i c e n s e d w e i g h m a s t e r ' s c e r t i f i c a t e s h o w i n g g r o s s , t a r e a n d n e t w e i g h t o f
e a c h t r u c k l o a d o f m a t e r i a l . C e r t i f i c a t e s s h a l l b e d e l i v e r e d t o t h e E n g i n e e r
a t t h e j o b s i t e u p o n d e l i v e r y o f t h e m a t e r i a l .
G P - 9 - 3 . 1 G E N E R A L E x c e p t a s d i r e c t e d o t h e r w i s e i n t h e s e s p e c i f i c a t i o n s , f u l l
c o m p e n s a t i o n f o r c o m p l e t i n g a l l o f t h e w o r k i n d i c a t e d o n t h e p l a n s a n d
d i r e c t e d h e r e i n i s c o n s i d e r e d t o b e i n c l u d e d i n t h e c o n t r a c t u n i t p r i c e s p a i d
f o r t h e v a r i o u s i t e m s o f w o r k a n d n o s e p a r a t e p a y m e n t w i l l b e m a d e t h e r e f o r .
G P - 9 - 3 . 2 T E N P E R C E N T ( 1 0 % ) R E T E N T I O N T o e n s u r e p e r f o r m a n c e C i t y i s e n t i t l e d
t o r e t a i n t e n p e r c e n t ( 1 0 % ) o f t h e c o n t r a c t p r i c e f o r 3 5 d a y s a f t e r i t r e c o r d s
t h e N o t i c e o f C o m p l e t i o n . H o w e v e r , p u r s u a n t t o G o v e r n m e n t C o d e � 4 5 9 0 t h e
C o n t r a c t o r m a y s u b s t i t u t e s e c u r i t i e s f o r s a i d t e n p e r c e n t ( 1 0 % ) r e t e n t i o n .
T h e p r o v i s i o n s o f � 4 5 9 0 a r e e x p r e s s l y m a d e a p a r t o f t h e c o n t r a c t .
0 5 9 4 p / 7 3 4
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COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPAIR - 1985/86
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 nonconflicting 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
SP207-17 Polyvinyl Chloride Plastic Pipe - 6" ID PVC, SOR 35, pipe, fittings,
couplings and joints shall be in accordance with Standard Specification 207-17.
Cleanouts shall be 6" PVC, SOR 41, except where a new-cleanout-only is being
installed on an existing line, thence: 4" PVC SDR 41 with threaded plug and
cap, and VCP wye branch.
208-2.1.1 Banded Rubber Coupling - Couplings and bushings shall be Calder
Type or approved equal conforming to ASIM C 594. All components of -sealing
bands shall be type 304 stainless steel
0594p/7 35
PART 3 — CONSTRUCTION METHODS —
SP -300-1 CLEARING AND GRUBBING — Bushes, plants, concrete and any other
improvement shall be replaced or reconstructed to their original condition or
better at the Contractor's expense.
The Contractor shall exercise care in working close to improvements on private
property beyond the easement lines. Any damages to private property shall be
corrected by the Contractor at his own request.
SP -300-1.3 REMOVAL OF MATERIALS — The Contractor shall remove all off haul
materials from the site. It is not permitted to deposit such off —haul
materials at the City Dump. No extra compensation will be given for this work
but shall be considered as incorporated in the unit price bid for each item.
SP -306 UNDERGROUND CONDUIT CONSTRUCTION — All work shall be done in
accordance with this Section (Section 306 of Standard Specifications for
Public Works Construction, 1985 Edition, except as specified hereunder and as
shown on the Standard Drawings.
SP -306.1.1 EXCAVATION OF TRENCHES — Pursuant to Sections 6422 and 6424 of the
Labor Code the successful bidder shall, prior to commencement of work, submit
to the City Engineer a detailed plan showing the design ofshoring, bracing,
sloping, or other provisions to be made for worker protection from the hazard
of caving ground during the excavation of any trench 5 feet or deeper. If
such plan varies from the shoring —system standards established by the
construction safety orders, the plan shall be prepared by a registered civil
or structural engineer.
SP -306.1.2.1.1. BEDDING — Bedding material shall be Class B-2 as shown on
Standard Drawing 3-1-153.
SP 306-1.2.2 CLEANOUT INSTALLATION — This work shall include the "Wye," riser
threaded plug and "N-9" box complete and in place per Special Drawing No. 1.
The Contractor shall furnish and install a "Christy N-9 box and cover," or
equal, for each cleanout. This labor shall be included in the unit price bid .
for Cleanout Installation.
SP -306-1-2.2.1 PLUGGING OF SEWER LINES — The Contractor may plug and
discontinue flow downstream in sewer lines during work processes, however, it
shall be the responsibility of the Contractor to clean upstream lines and
prevent damage of any kind from the backup of sewage. If such damage does
occur, it shall be the responsibility of the Contractor, at his expense, to
repair or replace any damage to private or City property.
SP -306-1.2.13 INSTALLATION OF 6" SDR 35 ID PVC — Installation of PVC pipe
shall be in accordance with the Standard Specifications and the manufacturers
printed instructions which will be furnished to the Engineer for approval.
0594p/7 36
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SP -306-1.3.6.1 TRENCH BACKFILL — Trench backfill shall conform with Standard
Drawing No. 3-1-153. Should the Contractor elect to use jetting for
compaction, sand equivalent tests shall be taken and paid for by the
Contractor as directed by the Engineer.
SP -306-1.5.2 PERMANENT RESURFACING — Trench resurfacing shall be done in
accordance with Standard Drawing No. 3-1-153.
SP -306-1.6 BASIS OF PAYMENT — Payment shall be made at the unit price bid for
a complete job for the work described here on the Schedule of Bid Items and as
shown and described on the contract drawings which shall include, but is not
limited to, excavation, exposing and replacing defective pipe, reconnecting
all existing laterals, backfill, compacting backfill, and post inspection,
replacing in kind or better condition the surface area, repairing or replacing
removed or damaged fences, hedges, shrubs and all other work necessary to
accomplish a complete job as directed by the Engineer.
SP -306-1.6.2 LATERAL RECONNECTION AT MAIN — This work shall include
reconnecting the lateral to the main including the "Wye" and line and grade
adjustments of the outboard lateral as necessary to provide a smooth entrance
to the main and including providing and installing the first length of pipe in
the lateral after the joint in the "Wye."
0594p/7 37
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NOTE: ENTIRE LENGTH OF BARREL SHALL BE FULLY
SUPPORTED WITH FIRM GRANULAR BEDDING AND
BELL HOLES SHALL BE PROVIDED
PROPER BEDDING DETAIL
PLAN
1n LOW
1 SIDE
I LOT LINE 1
NOTE: ALL LATERALS SHALL BE 6" MINIMUM THREADED PLUG PER
PLUMBING CODE
INSTALL "CHRISTY N-9 BOX a COVER"
OR EQUAL OVER. LATERAL C/O -
PROFILE
NOTE: FOR MATERIALS REFER TO PART 2 - CONSTRUCTION MATERIALS
IN SPECIFICATIONS.
CITY OF SAN MATED
CDBG 1985 - 86 SPECIAL DRAWING N0,1
SEWER -L TERAL INSTALLATION
DATE
1986
ORAMN BY
RLG
CHEVIED
DGR
A
CAL/FORMA 94403
7jrs/sb
C/TY EN6/NEER
CASE
DRAWER
SET
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SHEET — OF_
Street grade Standard frame and cover
520-0.2500 concrete slab
NOTES:
I. Concrete slab around casting shall
be a concentric circle in streets
2. Concrete stab around costing shall be
square and formed with lumber in
easements.
3. Taper "shell" 1/2" per. tt. towards
channel.
SECTIONAL ELEVATION
SECTION A - A
CITY OF SAN MATEO
520-C-2500 concrete base
CALIFC/.'N/A 9+403
STANDARD PRECAST ECCENTRIC MANHOLE
DATE 1 DRAWNSY,t CHEcX D • APPi7OVE0 C-44.4 DteAlltati
1978 ^ f 7cie',",L / /,/ 3 I IO 4 0
t1 G. I CIT./ ENGINEER S ._:i �„`
L 1973
1
PICK HOLE
IK BLIND PICK HOLE
6-4
FRAME
MACHINED
SURFACES
COVER
MACHINED FOR PERFECT
A,S.T,M. GRID PATTERN
NO —ROCK FIT PLAN
Vzz
I"
211y,
16
I" BLIND PICK HOLE
4
n
26-I
25f
25111
32 to
18
24.
311
SECTION
NOTE: PINKERTON FOUNDRY MODEL A-640 OR SIMILAR
PHOENIX IRON WORKS MODEL P -I001 OR APPROVED
EQUAL.
SAN MATEO STANDARD CALIFORNIA
TYPE"B"MANHOt/E FRAME 6 COVER
DRAWN RP
RUJ
CHK. BY
LDJ
APPR
9/L6 /M-
OW ENGINEER
PLAN CARE
3
DRAWER
SHEET
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TYPE :"1" TO OE USED ONLY INSPECIAL CASE WITHPERMISSWN FRO M CITY ENGINEER
520-9,2500 :,' Cone of
tir.. 610Pe Mr toot •I'- e
Sow Cut
(Typ.)
When working over Boy mud:. Weight
weight of material excavated.
BEDDING clt15SE5
of backlit
Compaction Method
.2c C01l Compaction
(Except unimprovedareas
9 apprd
E^ ovedft
S OO lion s or sand
4
Cr to ted and�brjetted.
Jetted
Jetted
including pipe and contents shall nor exceed
Maw 11OM I&MIAUD
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81.5
Load
actor
4.5
3.21
3.0
2.3
1.9 J { 1.5
I 1.1.1
Bock fill Materials
O
Street Areas - 2 -Asphalt Concrete and C 520rA -2500 Concrete or
B" 520-A -2500 Concrete
Unimproved Areas - Aggregate Bose or Native Material, es Erected
. by the Engineer
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CrwMd Aggregate Bose or Approved Native Material, as Erected by
Me Engineer.
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Vibrated Concrete
Crushed Aggregate Base or Approved Native Material,
except Quarry Fines or Sand tar V.C.P. and A.G.P.
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Vl brated Concrete F
Fret
ea UM
Crushed Astern' Bose or
Wdfive k,�at i except
Crr Fake or Son dr
KC.f!end A.C.P.
.0
WSW
Concrete
r pr Sad
Vrbroted
�►y Fa s Or Sand W WOOS. cnnNed rock
o oin
Rock
Candese�
Dan
DRAWN eY
STANDARD ,TRENCH DETAIL
Drx. IT
S MAUUO, eMDI.
NAN CASE
DRAWER
Mar
1978
G.J.
EJS
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