CONTRACT BOOK CITY HALL AUDIOVISUAL BROADCAST BOOTH CITY OF SAN MATEO, CALIFORNIA *****

Transcription

1 CITY MANAGER AWARD CONTRACT BOOK CITY HALL AUDIOVISUAL BROADCAST BOOTH CITY OF SAN MATEO, CALIFORNIA ***** CONTRACT DRAWINGS are included at the end of this Contract Book TIME OF COMPLETION: 90 Calendar Days ***** CONTENTS NOTICE INVITING SEALED PROPOSALS PROPOSAL FORM SCHEDULE OF BID ITEMS CONTRACTOR REGISTRATION LAW LIST OF SUBCONTRACTORS BIDDER'S STATEMENT NONCOLLUSION AFFIDAVIT CERTIFICATION OF NON-DISCRIMINATION CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION SPECIAL PROVISIONS PART I -- GENERAL PROVISIONS PART II -- CONSTRUCTION MATERIALS PART III -- CONSTRUCTION METHODS TECHNICAL SPECIFICATIONS See the highlighted sections for the work that applies to this contract. Section Common work results for Audiovisual Systems Section Grounding and Bonding for Audiovisual Systems Section Hangers and Supports for Audiovisual Systems Section Conduits and Backboxes for Audiovisual Systems Section Noise and Vibration Controls for Audiovisual Systems Section Identification for Audiovisual Systems Section Audiovisual Cabinets, Racks, Frames and Enclosures

2 Section Audiovisual Cable Management Section Integrated Audio-Video Systems and Equipment STANDARD DRAWINGS Drawings listed below are for reference only except for TA4.4 and Addendum Drawing TA0.2 ( ) which are a part of this contract. TA0.1 General Notes, Legends, Abbreviations, PBox and JBox Schedules TA0.2 Symbol Schedule Replace this drawing with Addendum No. 2 drawing dated Work of Others indicated on this drawings is this contractor s scope. TA1.1 Audiovisual Systems Overall Plan TA4.1 Audiovisual Room B Enlarged Plan TA4.2 Conference Room C Enlarged Plans & Elevations TA4.3 Council Chambers Enlarged Plans TA4.4 Audiovisual Booth Enlarged Plans & Elevations TA7.1 Council Chambers Existing Audio Demolition and Re-Use TA7.2 Council Chambers Functional Diagram - Audio TA7.3 Council Chambers Existing A/V Demolition and Re-Use (Clerks) TA7.4 Council Chambers Functional Diagram - Video TA7.5 Council Chambers Existing A/V Demolition and Re-Use TA7.6 Council Chambers Functional Diagram Broadcasting TA7.7 Audiovisual Systems Functional Diagram Conference Room B TA7.8 Audiovisual Systems Functional Diagram Conference Room C TA9.1 Details TA9.2 Details TA9.3 Details TA9.4 Details TA9.5 Details APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT Q:\PW\PWENG\HEINRICH\CITY HALL AV\2 BID FOR AV BOOTH\CONTRACT BOOK.DOC 03/30/15

3 NOTICE INVITING SEALED PROPOSALS CITY HALL AUDIOVISUAL BROADCAST BOOTH CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Manager of the City of San Mateo, California, on Tuesday, April 28, 2015 at 2:00 pm for the City Hall Audiovisual Broadcast Booth and other work as shown on the Contract Drawings that are included in this Contract Book and the Greenbook Standard Specifications for Public Works Construction, 2012 Edition. The work described requires that the bidder be licensed by the State of California as a Class B Contractor. 2. The Contract Book, plans and proposal forms are available as a free download from the City of San Mateo s website, Any questions regarding the contract documents should be directed to Gogo Heinrich, Project Manager, at (650) , or in writing at the address, gheinrich@cityofsanmateo.org. 3. The estimated construction cost of this project is $60,000. This estimate is not based on a "contractor's cost take off" of the project, but is derived from an averaging of costs for work on similar projects in the area of which the City is aware. This figure is given to indicate the relative order of magnitude of this project and is not intended to influence or affect in any way the amount bid for this project. 4. All bids shall be accompanied by a bid bond, cashier's check, or certified check made payable to the City of San Mateo in an amount not less than ten percent (10%) of the aggregate amount of the bid. 5. Contractor is notified that he shall comply with the requirements for Non-Discrimination as set forth in Special Provisions SP through SP Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. It is the responsibility of the contractor to contact the City and to check the City s website to determine the existence of any and all addenda. 7. The time of completion for this contract shall be ninety (90) calendar days, beginning from the date specified in the Notice to Proceed. There will be a mandatory site walk and pre-bid conference that the primary bidder must attend to be eligible to bid. The primary bidder must stay for the entire site walk and prebid conference. Roll-call will be taken at the end of the site walk to verify attendance.

4 IMPORTANT FIXED DATES Thursday, April 9, 2015 at 10:00 am Monday, April 20, 2015 at 4:00 pm Wednesday, April 22, 2015 Tuesday, April 28, 2015 at 2:00 pm ESTIMATED DATES May 5, 2015 May 11, 2015 May June 2015 June 17-July 17, 2015 July August 2015 MANDATORY SITE WALK and Pre-Bid Conference Council Chambers City Hall 330 W. 20 th Avenue San Mateo, CA Bidders Written Questions Due Issuance of Addendum BIDS DUE at City Clerk City Hall 330 W. 20 th Avenue San Mateo, CA Contract Award Notice to Proceed Submittals and Material Procurement Council Chambers and Conference Room C available for construction Final Inspection and Acceptance 8. 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, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter City and any contract entered into is subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provisions of state law. 9. No contractor or subcontractor may be listed on a bid proposal for a public works project and no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such

5 determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. 10. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San Mateo, California 94403, at or before 2:00 p.m., Tuesday, April 28, 2015, and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 11. Said City Representative shall report the results of the bidding to the City Manager at a later date, at which time the City Manager may award the contract to the lowest responsible bidder as so reported; or as City's interest may dictate. The City Manager may exercise its right to modify the award or to reject any or all bids. 12. To ensure performance, City reserves the right to retain five percent (5%) of the contract price for 35 days after it records the Notice of Completion. However, pursuant to the Public Contracts Code Section 22300, Contractor may substitute securities for said five percent (5%) retention or request that City make payments of retentions earned directly to an escrow agent at Contractor's expense. The provisions of the Public Contracts Code Section are hereby expressly made a part of the contract. Dated: April 2, 2015 /S/ Maureen Freschet, MAYOR

6 PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) CITY HALL AUDIOVISUAL BROADCAST BOOTH TO THE HONORABLE CITY MANAGER CITY OF SAN MATEO, CALIFORNIA FOR THE TOTAL SUM OF (use figures only) computed from the unit and/or lump sum prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this proposal is accepted he will contract with the City of San Mateo, California, to furnish all labor, materials, tools, equipment, transportation, and all incidental work and services required to complete all items of work shown in the Contract Documents. All work shall conform to the lines, grades, and dimensions shown on said drawings and shall be done in accordance with this Contract Book and the Greenbook Standard Specifications for Public Works Construction, 2012 Edition. This proposal is submitted in conformance with the requirements of the Greenbook Standard Specifications for Public Works Construction, 2012 Edition; and is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS and BIDDER'S STATEMENT. 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 ( ) Fax Number ( ) A-4

7 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH BID ITEM DESCRIPTION OF WORK TOTAL COST 1 Selective Demolition $ 2 Broadcast Booth $ 3 Cutting and Patching $ 4 New Infrastructure Conduits and Backboxes $ 5 Light Fixtures $ 6 Allowance for Unforeseen Conditions $ 10, TOTAL BID A-5

8 CONTRACTOR REGISTRATION LAW - Senate Bill 854 requirements (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH Pursuant to Labor Code section , this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project and no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (DIR). Each bidder is responsible to list their registered information with the DIR in the space below provided and sign below. Contractor Name or subcontractor name DIR Registration Number License Type/Number Registration Date Expiration Date Contractor s Signature A-6

9 SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH Each bidder acknowledges it is aware and familiar with the requirements related to subletting and subcontracting set forth in Section 2-3 of the Greenbook Standard Specifications, and in the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code of the State of California. These requirements include a provision that the Contractor shall perform, with its own organization, contract work amounting to at least 50 percent of the contract price. Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California, set forth the following: 1. Name, contractor license number and address of the of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or the improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid or $10,000, whichever is greater. 2. The specific work and dollar amount of work that will be done by each subcontractor. 3. If no portion of the work is to be subcontracted as provided in item 1, insert the word "none" in the space provided and sign below. NAME AND CONTRACTOR LICENSE NO. ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ $ Contractor's Signature A-7

10 BIDDER'S STATEMENT SHEET 1 OF 3 (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH The undersigned has carefully read the Greenbook Standard Specifications for Public Works Construction, 2012 Edition, and realizes that any variation or deviation from these specifications, requirements and conditions shall be sufficient grounds for rejection of all or any part of the work performed. Such rejected work shall be replaced entirely at the Contractor's expense, and failure to do so within a reasonable length of time shall be sufficient reason for the withholding of payment for any part of or all of the work and forfeiture of the Contractor's bond. The undersigned further certifies that he is licensed by the State of California as a Class Contractor, that the license is now in force, and that the number is and the expiration date is. Further the undersigned certifies that upon request he will provide evidence of said license. Pursuant to Business and Professions Code Section I,, declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this day of, 20, at, California. The undersigned understands he must meet the requirements of Section SP-7-2.3, NON- DISCRIMINATION POLICY prior to award of contract and conform to those guidelines throughout the duration of the contract. It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the bidder. If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements for general and automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within ten (10) calendar days after the date of the award and to commence work within five (5) days of the date specified in the notice to proceed, and to complete the work under said contract within the specified number of working days beginning from the date specified in the notice to proceed. Further, the undersigned agrees to insure that all subcontractors obtain a San Mateo Business License in accordance with Section SP-2-13, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to keep the Business License current for the entire term of the contract. If the unit price and the total amount named by a bidder for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the bidder's intention. Unit prices bid must not be unbalanced. A-8

11 BIDDER'S STATEMENT SHEET 2 OF 3 (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH 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. Enclosed find bond or certified check or cashier's check no. of the Bank for. Not less than ten (10) percent of this bid payable to the City of San Mateo, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after the date set for the opening thereof. NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. A-9

12 SIGNATURES FOR BIDDER: BIDDER'S STATEMENT SHEET 3 OF 3 (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If PARTNERSHIP, sign below (show names of non-signing partners): Signature Date Name of Partner Post Office Address Signature Date Name of Partner Post Office Address (if different) If CORPORATION, sign below (show names of non-signing officers): a CORPORATION Name of State Where Chartered Signature Date Print name of person signing bid Title List names of the following officers: PRESIDENT SECRETARY TREASURER Post Office Address A-10

13 State of California ) ) ss. County of ) NONCOLLUSION AFFIDAVIT (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, or any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this affidavit. Subscribed and sworn to before me, a Notary Public in and for the State of California, County of, this day of, 20. Signature of Notary Public (seal) My commission expires,. ***END OF AFFIDAVIT*** A-11

14 CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: (Name and title of person making certification) Date A-12

15 CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The undersigned understands that weekly certified payrolls must be submitted for verification. BIDDER By: (Name and title of person making certification) Date Questions shall be addressed to: Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite 1160 P. O. Box San Francisco, CA A-13

16 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) CITY HALL AUDIOVISUAL BROADCAST BOOTH I am aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BIDDER By: (Name and title of person making certification) Date A-14

17 SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA CITY HALL AUDIOVISUAL BROADCAST BOOTH The work embraced herein shall be done according to the Greenbook Standard Specifications for Public Works Construction, 2012 Edition, (hereinafter referred to as the Standard Specifications), and according to these Special Provisions. The Standard Specifications are in all other respects incorporated into and are a part of the contract, except where they conflict with these Special Provisions. The Special Provisions shall govern in lieu of conflicting provisions of the Standard Specifications, but shall in no way nullify nonconflicting portions of the Standard Specifications. Whenever the letters SP are used as a prefix in section numbering (e.g., SP-200-2) the sections so designated are in these Special Provisions and refer to modifications or additions to sections in the Standard Specifications which have the same first numbers (e.g., 200-2). PART 1 - GENERAL PROVISIONS SP-2-1 AWARD OF CONTRACT. The right is reserved to reject any an all proposals. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. In determining the award, careful consideration by City shall be given to each item of bid. All bids will be compared on the basis of the Engineer s Estimate of the quantities of work to be done. 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 see in its best interest. Such award, if made, will be made within 45 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned. Any protests to award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 2, SP-2-3 SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor that is ineligible under Labor Code section SP-2-4 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor shall file with the agency surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide two acceptable surety bonds; one for labor and materials and one for performance. The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by A-15

18 it on the work. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the Agency, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or latent developed defects. SP GUARANTEE. The Contractor warrants and guarantees that all material and equipment used or furnished and all workmanship are of the type and quality specified herein. The Contractor further guarantees that any latent fault in construction or defective material discovered within one year after acceptance of the work shall be remedied by him without cost to the City, upon written notice given to him. Other subsequent latent defects shall be covered by responsibilities set forth in the law. In the event of failure to comply with the above-mentioned conditions within a reasonable time after notice, the City will have the defects repaired and made good at the expense of the Contractor, who agrees to pay the costs and charges therefore immediately upon demand. The signing of the agreement by the Contractor shall constitute execution of the above guarantees. The Faithful Performance Bond shall remain in full effect during the guarantee period and will not be released until the expiration of such period. SP-2-5 PLANS AND SPECIFICATIONS. The plans for this project are as follows: CONTRACT PLANS Title Symbol Schedule Addendum No. 2 dated Audiovisual Booth Enlarged Plan and Elevations TA0.2 TA4.4 Drawing No. See the Table of Contents for the list of Specifications for this project. SP Specifications for street lighting and traffic signals in PART 3, Section 307, Construction Methods, of Standard Specifications for Public Works Construction NOT APPLICABLE. SP-2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish and install all materials, equipment, tools, labor, and incidentals necessary to complete the work. The work to be performed under this contract shall include, but not be limited to, the following: Selective demolition Construction of a new audiovisual broadcast booth which will include partitions, doors, gypsum board lid, illumination and ventilation for A/V rack assemblies. Cutting and patching. Also to be included is the work required where furnishings and equipment are removed by others A-16

19 New infrastructure conduits and backboxes for equipment that will be provided and installed by others. Note: Drawing TA0.2 was issued to Coda Technology Group. All items on this drawing noted WO1, Work of Others are to be included in this contract. New light fixtures Work as authorized by the City for unforeseen conditions under an allowance of $10, The Contractor will have full access to the Council Chambers, AV booth and rear projection area from June 17, 2015 through July 17, Access to these areas and Conference Rooms B and C other than that listed will be by special request and approval. The Contractor shall provide a schedule of values for approval by the City ten days after the notice of award. The schedule of values will be used in determining partial payments to the contractor for equipment ordered but not yet installed. In addition, full cooperation and scheduling coordination are required with the City s audiovisual contractor, Coda Technology Group, who is responsible for the demolition and re-use of existing equipment and furnishing and installing new audiovisual equipment. SP 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. A MANDATORY SITE WALK AND PRE-BID CONFERENCE IS SCHEDULED FOR THURSDAY, APRIL 9, 2015 AT 10:00 AM at the Council Chambers, City of San Mateo, 330 W. 20 th Avenue, San Mateo, CA The bidder represents that he or she is fully qualified to perform this examination and review. If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall note such a determination upon this bid form. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications. SP-2-9 SURVEYING. Staking of line and grade will be done by the City survey crew at no cost to the contractor once only. The Contractor shall notify the City 48 hours in advance when requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence will be charged to the contractor at the rate set out in the City's Comprehensive Fee Schedule per man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence. Any appeal of this decision will be referred to the Public Works Commission. The Public Works Commission decision will exhaust the administrative procedures for appeal. SP-2-12 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than A-17

20 $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. SP-2-13 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be obtained as required by the San Mateo Municipal Code, Chapter 5. Section of said Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual tax as follows: (1) General Contractor, $124.00; (2) all other contractors, $49.00." SP NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Section SP shall not be a prerequisite as to matters within the scope of the Protest Provision in Section 6-7, "Time of Completion," in the Standard Specifications, nor to any claim which is based on differences in measurements or errors of computation as to contract quantities. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing or occurrence giving rise to the potential claim. It is the intention of this Section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. SP CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the right to change the scope of this contract in order to align the contract price to the monies available. Presently there is approximately $90, 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 sub-projects that will be altered, added or deleted. The Contractor shall not be entitled to any additional compensation or adjustment in the unit prices bid because of the above-stated alteration of this project. SP-3-3 EXTRA WORK. New or unforeseen work will be classified as extra work when the Engineer determines that it is not covered by contract unit prices or stipulated unit prices. When the price for the extra work cannot be agreed upon, the City will pay for the extra work based on the accumulation of costs as provided in Section 3-3, Extra Work, of the Standard Specifications. The mark-ups shall be as specified below. A-18

21 SP LABOR SURCHARGE To the actual wages as defined in Section (a) of the Standard Specifications for Public Works Construction, will be added a labor surcharge. The labor surcharge compensates the contractor for statutory payroll items stipulated by various governmental agencies. The six items included are Workers Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment and State Training Taxes. The labor surcharge calculation for overtime work does not include workers compensation on the premium portion of, overtime, as provided by workers compensation regulations. The surcharge percentage to be applied to the actual wages paid as provided in Section (a) of the Standard Specifications for Public Works construction will be 16 percent for regular time (RT) and 14 percent for over time (OT). SP MARK-UP. A. Work by Contractor The following percentages shall be added to the Contractor's cost and shall constitute the mark-up for all overhead and profits: 1. Labor Surcharge (RT)... 16% 2. Labor Surcharge (OT)... 14% 3. Labor... 25% 4. Materials... 15% 5. Equipment Rental... 15% 6. Other Items and Expenditures... 15% To the sum of the costs and mark-ups provided for in this subsection, one percent (1%) shall be added as compensation for bonding. B. Work by Subcontractor When subcontractor performs all or any part of the extra work, the markup established in SP (a) shall be applied to subcontractor's cost as determined under In addition, a markup of 10 percent on first $5,000 of subcontracted portion of extra work and 5% on the work added in excess of $5,000 of subcontracted portion of extra work may be added by the contractor for overhead and profit. SP TRADE NAME OR EQUALS. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. SP-5-1 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 5-l of the specifications for Public Works Construction regarding the Contractor's responsibility for requesting utility companies' representatives to mark or otherwise indicate the location of their respective underground installations. At least forty-eight (48) hours prior to commencing work, the Contractor shall notify Underground Service Alert (USA) so that the various utility companies may field-mark said installations. Once the field marks are in place, the Contractor A-19

22 shall be responsible for all marked utilities damaged during construction or claims resulting from said damage. In addition, the City shall not be responsible for any unmarked utility damaged during construction or any claims resulting from this damage, except for damage to City of San Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice from USA to do so and which were not marked at the time the damage occurred. Attention is directed to the possible existence of underground utilities not indicated on the plans and to the possibility that underground utilities may be in a location different from that which is indicated on the plans. The Contractor shall ascertain the exact location of underground utilities whose presence is indicated on the plans, the location of their service laterals or other appurtenances, and for existing service lateral or appurtenances of any other underground facilities which can be inferred from the presence of visible facilities such as buildings, meters and junction boxes prior to doing work that may damage any such facilities or interfere with their service. SP COMMENCEMENT OF WORK. The Contractor shall begin work within 15 calendar days after receiving notice that the contract has been awarded by the City Manager and shall diligently prosecute the same to completion with the time limits provided in the special provisions. SP CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed construction or fabrication and delivery schedule. The schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, procurement of materials, scheduling of equipment, and delivery of finished product. The schedule shall be submitted and approved prior to any work being done. SP PRE-CONSTRUCTION CONFERENCE. A pre-construction conference will be held at a location selected by the City for the purposes of review and approval of said schedule and to discuss construction procedures and payment schedule. The Contractor shall be represented by his superintendent of work. The City will be represented by members of the organization having direct control of supervision of the project. SP 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 Manager. Such requests shall be filed with the City Clerk, addressed to the City Manager, at least twenty (20) days prior to the expiration of the Time of Performance as modified. The ruling of the City Manager shall be final and conclusive. SP-6-7 TIME OF COMPLETION. The Contractor shall prosecute and work to completion before the expiration of 90 calendar days, beginning from the date specified in the Notice to Proceed. The City will furnish the Contractor weekly a statement of working days remaining on the contract. A-20

23 SP-6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City of San Mateo. Such damages will be determined on the following basis. For each consecutive calendar day in excess of the time specified for completion of the work (as adjusted), the Contractor shall pay to the City of San Mateo, or have withheld from monies due it, the sum of the amount necessary to cover any add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by the City; e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during delay, etc. Execution of the contract under these specifications shall constitute agreement by the City of San Mateo and Contractor that $250 per day is the minimum value of the costs and actual damage 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. Due to the restrictive schedule of the availability of the Council Chambers, there are two Milestone Dates. The first Milestone date is May 29, 2015 for all submittals and shop drawings. The second Milestone date is July 17, 2015 for the completion of the construction of the Council Chambers and Conference Room C. Failure to meet each of these Milestone Dates will be subject to Liquidated Damages as set forth above. SP-6-11 MEDIATION. Should any dispute arise out of this Agreement, any party may request a meeting between the parties to resolve the dispute. Only in the event the dispute is not resolved as a result of such a meeting, or the opposing party refuses to attend such a meeting, any party may request that it be submitted to mediation. The parties shall mediate the dispute within 30 days of such a request. The mediator shall be agreed to by the mediating parties: in the absence of an agreement, the parties shall each submit one name from the mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. SP HOURS OF LABOR. Construction operations beyond the eight-hour normal workday and on legal holidays may occur on occasion if approved in advance by the City. The Contractor shall notify the Deputy Director in writing twenty-four (24) hours prior to any non-emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or prorated portion thereof) for overtime work without written consent of the Deputy Director -- said sum to be deducted from any monies due the Contractor or paid directly to him. Normal working hours for this project shall be between 7:00 a.m. and 4:00 p.m. unless specifically modified in writing. SP NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified persons are to be afforded equal opportunities of employment on any public works contract entered into with the City. A-21

24 SP LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for public works will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder. The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the plans and specifications therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary and the required State or other license. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried by the bidder. SP STANDARDS OF NON-DISCRIMINATION A. The successful bidder and each subcontractor shall undertake action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin. 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. SP CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any public works contract shall sign the certification of nondiscrimination, which is a part of the proposal form. Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and file with the City a certificate of nondiscrimination. SP DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION/PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section (with the exception that, per Labor Code section , if a project is federally funded, a contractor can register at any time prior to bid award). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. A-22

25 In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Each Contractor and Subcontractor and any lower-tier Subcontractor shall submit weekly certified payrolls for each work week from the time he starts work on the project until he completes his work. If he performs no work on the project during a given work week, he may either submit a weekly payroll form with the notation, "No work performed during this work week," or submit a letter to that effect. He should identify his initial and final payrolls by marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than seven (7) workdays following completion of the workweek. SP EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance with California Labor Code Section relating to employment of apprentices for all apprenticeable occupations when the contract amount exceeds $30,000 or 20 working days or both. SP LIABILITY INSURANCE. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG covering CGL on an occurrence basis, including productscompleted operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. A-23

26 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of San Mateo, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor s insurance (at least as broad as ISO Form CG 20 10, or both CG and CG forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days prior written notice (10 days for non-payment) has been given to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the City. A-24

27 Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. A-25

28 SAMPLE ENDORSEMENT POLICY NUMBER: XXXXXXXXX THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of San Mateo, its elected and appointed officials, employees and agents are named as additional insured. A-26

29 SP HOLD HARMLESS AND INDEMNITY PROVISION. Contractor agrees to hold harmless and indemnify City of San Mateo, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. Contract will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims. SP-7-7 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers and contractors, and others, have the right to operate within or adjacent to the work site to perform work. The City of San Mateo, the Contractor, and each of such workers, contractors, and others, shall coordinate their operations and cooperate to minimize interference. SP WATER POLLUTION CONTROL. In compliance with the "City of San Mateo Storm Water Management and Discharge Rules and Regulations" ("Discharge Rules") the Contractor shall exercise every reasonable precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non-allowable discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on-site, concrete and concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals. Stormwater pollution control work is intended to provide prevention, control, and abatement of such stormwater pollution, and shall consist of constructing those facilities which may be contained in the Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the Engineer. At the pre-construction conference the Contractor shall submit, for acceptance by the Engineer, a program to control stormwater pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution control measures which the Contractor proposes to take in connection with construction of the project. The Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board Staff Recommendations (when applicable to project): 1. Stabilize site access points to avoid tracking materials off-site; 2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15); 3. Protect adjacent properties; 4. Stabilize temporary conveyance channels and outlets; 5. Use sediment controls and filtration to remove sediment from water generated by dewatering; 6. Use proper materials and waste storage, handling, and disposal practices; 7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices; 8. Control and prevent discharge of all potential construction-related pollutants; 9. Prepare a contingency plan in the event of unexpected rain or a control measure failure. A-27

30 In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. The Contractor shall coordinate stormwater pollution control work with all other work done on the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until the required storm water pollution control program has been accepted. It shall be the Contractor's responsibility to train all employees and subcontractors on the approved stormwater pollution control measures. The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised stormwater pollution control program, or for any delays to the work due to the Contractor's failure to submit an acceptable stormwater pollution control program. During construction of the project, if the stormwater pollution control measures being taken by the Contractor prove inadequate to control stormwater pollution, the Engineer may direct the Contractor to revise his operations and/or his stormwater pollution control program. If the Contractor fails to adequately revise his operations after such direction, the Engineer may cause the stormwater pollution control measures to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. The complete cleanup of all material, which is discharged from the project in violation of the Discharge Rules, shall be the responsibility of the Contractor. Should the Contractor fail to respond promptly and effectively to the Engineer's request for cleanup of such discharges, the Engineer may cause the cleanup to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. Nothing in the terms of the contract nor in the provisions in this section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of stormwater pollution. The cost of creating and implementing an acceptable storm water pollution control program will be included in the various bid items and no additional compensation shall be made. SP-7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall repair or replace all existing improvements not designated for removal which are damaged or removed as a result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and replaced to a condition equal to or better than the original condition. A-28

31 All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the various bid items and no additional compensation shall be made by City. SP TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2006 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, houses, and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed. SP PERSONNEL PROTECTIVE EQUIPMENT. The Contractor shall be responsible for providing personnel protective equipment necessary during the work near, at, or within City underground utilities. The equipment used shall comply with the standard safety requirements when handling or exposed to waste from sewer and drainage mains. Records of laboratory tests are available upon request, and the Contractor shall be responsible for review and interpretation of such records. No additional payment shall be made to the Contractor for providing additional personnel protective equipment beyond the requirements of the standard procedures. SP-9-1 MEASUREMENT OF QUANTITIES. When payment for a work item is to be made on a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed weigh-master's certificate showing gross, tare and net weight of each truckload of material. Certificates shall be delivered to the Engineer at the job site upon delivery of the material. SP-9-3 PAYMENT SP GENERAL. Except as directed otherwise in these specifications, full compensation for completing all of the work indicated on the plans and directed herein is considered to be included in the contract unit prices paid for the various items of work and no separate payment will be made therefor. SP FIVE PERCENT (5%) RETENTION. To ensure performance City is entitled to retain five percent (5%) of the contract price for 35 days after it records the Notice of Completion. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said five percent (5%) retention or request that the City make payments of retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section are hereby expressly made a part of the contract. SP PARTIAL AND FINAL PAYMENTS. Contractor shall submit each month a "Monthly Progress Payment Request" in accordance with the schedule established at the preconstruction conference. Contractor shall use City's standard form for such requests and submit one original plus three copies of each request. A-29

32 The contract price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. SP MOBILIZATION. Payment for mobilization, if included as a separately stated bid item, will be as follows: A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is five percent (5%) or more of the original contract amount, fifty percent (50%) of the contract item price for mobilization or five percent (5%) of the original contract amount, whichever is the lesser, will be included in said estimate for payment. B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is ten percent (10%) or more of the original contract amount, the total amount earned for mobilization shall be seventy-five (75%) of the contract item price for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization is twenty percent (20%) or more of the original contract amount, the total amount earned for mobilization shall be ninety-five percent (95%) of the contract item price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is fifty percent (50%) or more of the original contract amount, the total amount earned for mobilization shall be one hundred percent (100%) of the contract item price for mobilization or ten percent (10%) of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. Any remainder will be paid Contractor at close of the job. The contract priced paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. The maximum allowable price bid for mobilization shall be $ A-30

33 SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA CITY HALL AUDIOVISUAL BROADCAST BOOTH PART II - CONSTRUCTION MATERIALS 1. SELECTIVE DEMOLITION including but not limited to the following: A. The existing broadcast booth shall be demolished. Contractor shall work closely with the audiovisual (AV) contractor. The AV contractor will be responsible for the disconnection and removal of equipment in the existing broadcast booth. Contractor shall relocate existing utilities, including but not limited to Electrical Panel D and the air conditioner and controls. Note that the existing service pull box on the north wall (not shown) is to remain. Contractor shall remove existing carpet. B. Miscellaneous demolition will include but not be limited to the removal of items in the Council Chambers and Conference Rooms B and C. Examples: removal of white boards. 2. WALLS New wall framing shall be either wood or metal studs with 5/8 gyp board both sides. Gyp board shall be mudded and taped. In order to protect the mirror and projection screen, the sanding and painting of the gyp board will not be required. 3. DOORS AND HARDWARE A. Butts: McKinney "FTA2714," Hager "BB1279," or equal, wrought steel. Plain bearings; non-rising loose pins. B. Frame: Timely or equal, pre-finished steel, hollow metal door frame. C. Door: Republic (flush with honeycomb) or equal. Door thickness 1-3/4", field-paintable finish. D. HINGE SIZE 4-1/2"x4-1/2" E. Butts per Door: 3 F. Lockset: Schlage 9010 or equal. Brushed Satin. G. Closer: LCN "4030 series," Norton "7500 BF," or equal. Surface-mount a rack-and-pinion, compact-type closer on door on inside of rooms. Provide each closer with an adjustable back-check and cover. Provide corner soffit brackets where required. Size each door closer in accordance with manufacturer's published recommended sizes. A-31

34 H. Interior Door Stops: Ives "407-1/2 26D," Quality "W302-TB-Alum.," or equal. I. Weatherstripping at door frame: Pemko "S88D," Zero "188N," or equal. 4. FLOORING A. Anti-static carpet: Furnish and install new carpet in the new broadcast booth. Carpet shall be a modular carpet by Interface, Viva Colores, Color Arandano or approved equal to meet the following minimum standards: 1) Static Control: Permanent conductive fiber warranted not to exceed 3.0 kv 2) Indoor Air Quality: Comply with CRI Green Label Plus Standards and may not contain any VOC s such as: 4 PCH (4 Phenulcyclohexene), PVC (Polyvinyl Chloride) or SBR latex (Styrene Butadiene Rubber). 3) Carpets shall be able to be installed with 5 lbs. hydrostatic pressure or better (pounds) per 1000 square feet per 24 hours with a written documentation from manufacturer, per CRI ) Fluorochemical Treatment: Minimum of 500 parts per million: per CRI-102; after two hot extractions (AATCC171), minimum 400 Parts per Million per CRI TM ) All materials shall meet requirements of California Proposition 65. In case of fire, no material shall be used that emit gas and is prohibited by California Proposition 65. 6) Run Resistant Strength: Not less than 25 lbs., in accordance with the Loop Pile Run Resistance test (TP ), wet or dry for a minimum of 30 years. 7) Carpets shall be from one dye lot. 8) Carpet shall be cut, packaged, and identified by the factory. Distributors, dealers and vendor cutting, re-packaging, and re-labeling is not permitted. 9) Adhesive: Water-resistant latex-based adhesive recommended by carpet manufacturer for direct glue-down carpet installation. Where primers or sealers are furnished, verify their compatibility with adhesive. 10) Patching Compounds: Cementitious type, Ardex SD-F, Durabond s Webcrete #95, or equal, as recommended by carpet manufacturer. B. Contractor shall be responsible for removing the existing flooring and providing the proper surface for the installation. 5. ELECTRICAL AND LIGHTING A. See Drawings and Specification Sections for electrical requirements. Due to the fact that some existing conditions behind the walls and under the floor are unknown, an allowance is included in the contract for unforeseen conditions that may require relocations of power and data outlets. Contractor shall alert the City s project manager in writing of field discrepancies. B. Light fixtures for the broadcast booth shall be: Philips BCS460 Surface Mounted Dimmable LED Fixture or equal. Source: LED24. Color: 3000k Dimmable: DALI (optional) A-32

35 Zinc-coated steel painted white (factory finish). 6. SOUND ABSORBING FABRIC PANELS A. Sound absorbing panels shall be RPG Absorber Panels or approved equal. 1. Size 24"x48" 2. Quantity 4 3. Thickness 1" 4. Color will be selected by Owner. Submit manufacturer color samples 5. Panels shall be field-mounted (on impaling clips), relocatable, and placed on the broadcast booth walls as directed by the Owner. PART III - CONSTRUCTION METHODS Contractor shall be responsible for construction methods. It is the responsibility of the contractor to follow the recommended installation methods from the respective manufacturers of the items specified. Contractor shall be responsible for protection of the work and equipment in place. Please note that the screen and mirror behind the Council Chambers and adjacent to the broadcast booth will require special protection and care. 1. QUALITY ASSURANCE A. Manufacturers 1) Manufacturer of specified materials shall be a firm specializing in manufacturing those products. 2) Manufacturers of specified materials must be certified by the relevant manufacturers association and/or meet relevant ANSI standards to assure quality control of materials provided. 3) Manufacturers shall be verified as a Zero Waste company confirmed through third-party auditing. A-33