CONTRACT BOOK FINANCE DEPARTEMENT REMODEL CITY PROJECT NO

Transcription

1 CONTRACT BOOK FINANCE DEPARTEMENT REMODEL CITY PROJECT NO To be used in conjunction with Greenbook Standard Specifications for Public Works Construction 2012 Edition NOVEMBER 2013 CITY OF SAN MATEO Public Works Department 330 West 20 th Avenue San Mateo, CA / / (fax)

2 CONTRACT BOOK FINANCE DEPARTMENT REMODEL CITY PROJECT NO CITY OF SAN MATEO, CALIFORNIA CITY MANAGER AWARD ***** CONTRACT DRAWINGS NO. Architectural: A-0.0 Cover Sheet A Specifications A Specifications A-3.1 Demolition Floor Plan and RCP A-4.1 New Work Floor Plan and RCP A-9.1 Details TIME OF COMPLETION: Twenty-eight calendar days ***** CONTENTS NOTICE INVITING SEALED PROPOSALS PROPOSAL FORM SUBCONTRACTING REQUIREMENTS AND 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 REFERENCES SPECIAL PROVISIONS PART I -- GENERAL PROVISIONS PART II -- CONSTRUCTION MATERIALS PART III -- CONSTRUCTION METHODS APPENDIX I - AGREEMENT FOR PUBLIC IMPROVEMENT

3 NOTICE INVITING SEALED PROPOSALS FINANCE DEPARTMENT REMODEL CITY PROJECT NO CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Manager of the City of San Mateo, California, for Construction Work and other work as shown on the Contract Drawings Numbered: A-0.0, A-0.2.1, A-0.2.2, A-3.1, A-4.1, A-9.1 and as described 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 s website at Any questions regarding the contract documents should be directed to the Architect s Project Manager, Beverly Moris, Huntsman Architectural Group, by at bmoris@huntsmanag.com. The primary bidder must attend the mandatory walkthrough. Meet in the ground floor atrium of City Hall, 330 W. 20 th Avenue, San Mateo, CA at the specified time: Important fixed dates: Mandatory Walkthrough: Questions Due by: Responses Posted by: Bids due by: Friday, December 6 th at 10:00 AM Wednesday, December 11 th at 1:00 PM Friday, December 13 th at 5:00 PM Tuesday, December 17 th at 1:00 PM Estimated dates: Bid Award and Notice to Proceed: Last half of December, 2013 Construction Start: Beginning of January, The estimated construction cost of this project is $80,000. 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

4 6. 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 on Sheet 2 of the Bidder s Statement, 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 to determine the existence of any and all addenda. 7. The time of completion for this contract shall be twenty-eight calendar days, beginning from the date specified in the Notice to Proceed. 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 forty (40) 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. 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 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 at or before 1:00 pm on Tuesday, December 17, Bids will be opened and read by a City Representative at said date and time at a public meeting called by him. 3

5 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: November 21, 2013 David Lim, MAYOR 4

6 PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) FINANCE DEPARTMENT REMODEL CITY PROJECT NO TO: CITY MANAGER CITY OF SAN MATEO, CALIFORNIA DEAR CITY MANAGER: FOR THE TOTAL SUM OF (write number out in figures only), which is the same as (repeat number in text only) computed as a lump sum price, 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 price shown above. Contractor's Signature Date Name of Company Phone Number ( ) Fax Number ( ) Address 5

7 SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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 and address of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or the improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid or $10,000, whichever is greater. 2. The specific work and dollar amount of work 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 ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ $ Contractor's Signature 6

8 BIDDER'S STATEMENT SHEET 1 OF 3 (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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 B 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. 7

9 BIDDER'S STATEMENT SHEET 2 OF 3 (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO The undersigned acknowledges receipt of the following addenda in the preparation of this proposal: List Addenda: 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) working 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. 8

10 SIGNATURES FOR BIDDER: BIDDER'S STATEMENT SHEET 3 OF 3 (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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 9

11 State of California ) ) ss. County of ) NONCOLLUSION AFFIDAVIT (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO , 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*** 10

12 CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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 11

13 CERTIFICATION OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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

14 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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 13

15 REFERENCES (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO Submit the names and contact information of three (3) references for which the Contractor performed similar scope of work, complexity and dollar amount: REFERENCE 1: Project Name / Year completed: Address: Brief Description of Work scope: Name of Contact: Phone Number: Address: Dollar amount of Work: REFERENCE 2: Project Name / Year completed: Address: Brief Description of Work scope: Name of Contact: Phone Number: Address: Dollar amount of Work: 14

16 REFERENCES (continued) (To be submitted with Proposal Form) FINANCE DEPARTMENT REMODEL CITY PROJECT NO REFERENCE 3: Project Name / Year completed: Address: Brief Description of Work scope: Name of Contact: Phone Number: Address: Dollar amount of Work: 15

17 SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA FINANCE DEPARTMENT REMODEL CITY PROJECT NO 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. 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 working 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. 16

18 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 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. The plans for this project are as follows: Cover Sheet Title CONTRACT PLANS A-0.0 Drawing No. Specifications Specifications Demolition Floor Plan and RCP New Work Floor Plan and RCP Details A A A-3.1 A-4.1 A

19 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: 1. Demolition of some interior non-structural walls. 2. Demolition of some existing cabinetry. 3. Construction of some interior walls, including glass windows. 4. Relocation of existing door and hardware, and provision for new doors and hardware. 5. Provision of new ceiling fluorescent light fixtures and relocation, repair of existing. 6. Repair, replacement of damaged ceiling tiles, cleaning of existing. 7. Removal and disposal of existing carpet and base. 8. Provision and installation of new carpet tile and base. 9. Adjustment to electrical and data: addition and hook-up of power/data/telecom outlets, furniture system infeeds, and capping off of some existing outlets/furniture infeeds no longer needed. 10. Changes to sprinkler head location. 11. Interior painting. 12. Provision of new metal blind window treatments. Clean existing. 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. 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-2-12 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 $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. 18

20 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 Architect, or the happening of any event, thing or occurrence, unless he shall have given the Architect 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 Architect 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 Architect, 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 Architect 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 $80,000 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 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 Architect 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. SP TRADE NAME OR EQUALS. The Contractor may supply any of the materials specified or offer an equivalent. The Architect shall determine whether the material offered is equivalent to that specified. 19

21 SP CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification of award and prior to start of any work, the Contractor shall submit to the Architect 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 Architect 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 Architect 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 the Architect. 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 ten (10) 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 twenty-eight calendar days, beginning from the date specified in the Notice to Proceed. The Architect will furnish the Contractor weekly a statement of calendar days remaining on the contract. SP-6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City of San Mateo. Such damages will be determined 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. 20

22 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 7:30 am and 5:00 pm 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. 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, information on work performance from the References, 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. 21

23 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 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. 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 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. 22

24 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. The Contractor shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. General Provisions for all insurance. All insurance shall: 1. Include the City of San Mateo, its elected and appointed officials, employees, and agents as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds. 2. Be primary with respect to any insurance or self-insurance programs of City, its elected and appointed officials, employees, and agents. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. a. In addition to requiring that you provide an insurance certificate showing the levels and types of coverage required for your project or contract, the City of San Mateo also requires you to provide the City with a copy of the actual endorsements to the commercial general, automobile, and any excess liability insurance policies that show that the City of San Mateo, its elected and appointed officials, employees and agents have been named as additional insureds by the insurers. These endorsements are required because California Insurance Code 384 expressly provides that an insurance certificate is not proof of what the underlying insurance policy actually contains. If you look at an insurance certificate, you will notice that the certificate actually says the same thing. Therefore, a certificate has minimal legal value and the City cannot be reasonably certain that it is covered under the policies shown on the certificate without endorsements. 23

25 An endorsement is a piece of paper that modifies the terms of the underlying policy and is issued by the insurance company itself, rather than a broker. A copy of a sample endorsement for commercial general liability is on the following page for your reference. 4. No changes in insurance may be made without the written approval of the City Attorney's office. 5. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording endeavor to or But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 24

26 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. 25

27 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: Not applicable. SP-7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall repair or replace all existing improvements not designated for removal which are damaged or removed as a result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and replaced to a condition equal to or better than the original condition. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the various bid items and no additional compensation shall be made by City. SP 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. 26

28 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-9-3 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. The contract price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. 27

29 PART II - CONSTRUCTION MATERIALS SPECIAL PROVISIONS CITY OF SAN MATEO, CALIFORNIA FINANCE DEPARTMENT REMODEL CITY PROJECT NO Construction materials are called out on the Specification sheets A and A In addition: 1. Products must comply with specifications and referenced standards as minimum requirements. 2. All products and materials are to be new. Do not reuse materials from the existing space, except as specifically required or allowed by the contract documents. 3. Substitution of carpet tile selected is not allowed. 28