HomeMy WebLinkAboutReso 29-2004RESOLUTION NO. 29-2004
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
FOR THE REMOVAL OF HAZARDOUS MATERIALS TO
BLACKBURN CONSTRUCTION AND MANAGEMENT/
REMEDIAL TRANSPORTATION SOLUTION, INC. IN THE
AMOUNT OF $430,000
WHEREAS, staff recommends that the City Council award the construction contract for the
removal of hazardous materials discovered during construction at the Water Control Plant to
Blackburn Construction and Management/Remedial Transportation Solution, Inc., in the amount of
$450,000; and
WHEREAS, funding is included in the Wet Weather Program-Phase I financed by the State
Revolving Fund Loan;
WHEREAS, the contract and insurance will be approved by the City Attorney prior to the
contractor beginning work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby awards a construction contract for the removal of hazardous
materials generated by the construction at the Water Quality Control Plant to Blackburn Construction
and Management/Remedial Transportation Solution, Inc., in the amount of $450,000. A copy of the
agreement is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 14th day of April
2004 by the following vote:
AYE S:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Mayor Raymond L. Green, and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
/ City Clerk
CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
PART 11
AGREEMENT FOR PUBLIC IMPROVEMENTS
GENERAL PROVISIONS
315 MAPLE AVENUE
SOUTH SAN FRANCISCO, CALIFORNIA 94080
(650) 829-6652
AGREEMENT FOR Pl JBI,1C IMPROVEMENTS
INDEX
1. Scope of Work
2. The Contract Documents
3. Schedule
4. Equipment - Performance of Work
5. Contract Price
6. Time of Performance
7. Rights of City to Increase Working Days
8. Option of City to Terminate Agreement in
Event of failure to Complete Work
9. Liquidated Damages
10. Performance by Sureties
11. Disputes Pertaining to Payment of Work
12. Permits. Compliance with Law
13. Superintendence by Contractor
14. Inspection by City
15. Inspection and Testing of Materials
16. Extra and/or Additional Work and Changes
17. Permits and Care of the Work
18. Other Contracts
19. Payments to Contractor
20. Contract Security
21. Hold-Harmless Agreement and Contractor's Insurance
Page No.
A-1
A-2
A-2
A-2
A-2
A-2
A-3
A-3
A-3
A-4
A-4
A-4
A-4
A-4
A-4
A-4
A-5
A-5
A-5
A-6
A-6
AGREEMENT FOR PI JBI,IC IMPROVEMF, NTS
INDEX
22. Insurance
23. Proof of Carriage of Insurance
24. Legal Work Day - Penalties for Violation
25. Prevailing Wage Scale
26. Emergency - Additional Time for Performance
Procurement of Materials
27. Provisions Cumulative
28. Notices
29. Interpretation
30. One Year Guaranty Upon Final Acceptance
Substitution of Securities for Funds Withheld
Page No.
A-7
A-8
A-8
A-8
A-8
A-9
A-9
A-10
A-10
S-1
S-2
AGREEMENT FOR PUBLIC IMPROVEMENTS
REMOVAL OF HAZARDOUS MATERIALS AT WQCP
THIS AGREEMENT made and entered into this April 15, 2004 between the CITY OF SOUTH SAN
FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called
"CITY" and Blackburn Construction/RTS (Remedial Transportation Solution), A Joint Venture
hereinafter called "CONTRACTOR"~
WlTNESSETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and
improvements herein provided and execution of this contract.
WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter
described.
WHEREAS, on April 14, 2004 notice duly given, the City Council of said City awarded the contract
for the construction of the improvements hereinafter described to the Contractor, which Contractor said
Council found to be the lowest responsible bidder for said improvements.
WHEREAS, City and Contractor desire to enter into this agreement for the construction of said
improvements.
IT IS AGREED as follows:
1. Scope of Work. Contractor shall perform the work described briefly as follows:
The work consists of the furnishing of all labor, materials, tools, equipment, and services necessary
for the construction of the removal of hazardous materials from Water Quality Control Plant (WQCP) in
accordance with the contract documents.
Also included are any such other items or details not mentioned above that are required by the Plans,
Standard Plans, Standard Specifications or the Special Provisions which are to be constructed or furnished
and installed as shown on the plans, as specified herein and as directed by the Director of Public Works.
~ The term "Contractor" as used herein is employed without distinction as to either number or gender
and shall include whenever the context shall permit all agents, representatives, employees, servants,
subcontractors and business or social invitees.
A-1
The aforementioned improvements are further described in the "Contract Documents" hereinafter
referred to.
2. The Contract Documents. The complete contract consists of the following documents: This
Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings,
Standard Plans and Specifications, including Standard Specifications, General Provisions, Special
Provisions and Technical Provisions; Faithful Performance Bond; Payment Bond; Bid Schedule and Wage
Scale.
All rights and obligations of City and Contractor are fully set forth and described in the contract
documents.
All of the above named documents are intended to cooperate, so that any work called for in one and
not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
The documents comprising the complete contract will hereinafter be referred to as "the contract documents."
3. Schedule. All work shall be performed in accordance with the schedule provided by the
Director of Public Works and under his direction.
4. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus,
facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the
work of general construction as called for, and for the manner designated in, and in strict conformity with,
the plans and specifications for said work entitled
Wet Weather (INI) Program, Phase I
REMOVAL OF CONTAMINATED SOILS AT THE WQCP
The equipment, apparatus, facilities, labor and materials shall be furnished and said work performed
and completed as required in said plans and specifications under the direction and supervision and subject to
the approval of the Director of Public Works of said City or his designated assistant.
5. Contract Price. City shall pay, and Contractor shall accept, in full payment for the work agreed to
be done the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) the lump sum price and unit
prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein
verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's
bid and the specifications herein, such work and materials will be paid for at the unit prices therein
contained. Said amount shall be paid in installments as hereinafter provided.
6. Time for Performance. The time fixed for the commencement of such work is as specified in the
Notice to Proceed from the Director of Public Works and for its completion on or before 365 working days
from the date of the Notice to Proceed.
The Contractor shall complete the work called for under the contract in all parts and requirements
within such number of Working Days..
A Working Day is hereby defined as any day, except Saturdays, Sundays, Holidays, and days on
which the Contractor is specifically required by the specifications to suspend construction operations; on
which the Contractor is not prevented by inclement weather or conditions resulting immediately there from
adverse to the current controlling operation or operations as determined by the Director of Public Works,
from proceeding with at least sixty percent (60%) of the normal labor and equipment force engaged on such
operation or operations for at least five (5) hours toward completion of such operation or operations.
A-2
The Director of Public Works shall fumish the Contractor a monthly statement showing the number of
working days charged to the contract for the preceding month, the number of working days specified for the
completion of the contract, and the number of working days remaining to complete the contract. The
Contractor will be allowed one (1) week in which to file a written protest, setting forth in what respects said
monthly statement is incorrect, otherwise the statement shall be deemed to have been accepted by the
Contractor as correct.
7. Rights of City to Increase Working Days. If such work is not completed within such time, the
Director of Public Works shall have the right to increase the number of workdays in the amount it may
determine will best serve the interest of the City. If it desires to increase said number of working days, it
shall have the further right to charge to Contractor and deduct from the final payment for the work the actual
cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable
to Contractor and which accrue during the period of such extension, except that the cost of the final service
and preparation of the final estimates shall not be included in such charges, provided, however, that no
extension of time for the completion of such work shall be allowed unless at least twenty (20) days prior to
the time herein fixed for the completion thereof, or the time fixed by the Director of Public Works for such
completion as extended, Contractor shall have filed application for extension thereof, in writing with the
Director of Public Works.
8. Option of City to Terminate Agreement in F, vent of Failure to Complete Work. If Contractor
shall have refused or failed to prosecute the severable part thereof, with such diligence as will insure its
work, or any completion within the time specified, or any extensions thereof, or shall have failed to
complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor
should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be
appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any
of the provisions of this Agreement, the Director of Public Works may give written notice to Contractor,
and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for
such intention to terminate this Agreement, and unless within five (5) days after the serving of such notice,
such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement
may, at the option of City, upon expiration of said time, cease and terminate.
9. l,iquidated Damages. In case all the work called for under the contract in all parts and
requirements is not finished or completed within the number of calendar days as set forth herein, damages
will be sustained by the City, and it is and will be impracticable and extremely difficult to ascertain and
determine the actual damage which the City will sustain in the event of and by reason such delay, the
Contractor will pay to the City the sum of $0 per day for each and every day's delay in finishing work in
excess of the number of Working Days prescribed; and the contractor shall pay said liquidated damages as
herein provided, and in case the same are not paid, the City may deduct the amount thereof from any monies
due or that may become due the Contractor under the contract.
The Contractor shall not be assessed with liquidated damages for the cost of engineering and inspection
during and delay beyond the time named for the completion of the work caused by acts of God or of the
public enemy, act of the City, fires, floods, epidemics, quarantine restrictions, strikes, and freight
embargoes, or delays of Subcontractors due to such caused, provided that the Contractor shall notify the
Director of Public Works in writing the cause of delay within ten (10) days from the beginning of such
delay, and the Director of Public Works shall ascertain the facts and the extent of the delay, and his finding
of the fact thereon, shall be final and conclusive.
If the Contractor is delayed due to reason of alterations made by the City, or by any act of the
A-3
Director of Public Works, not contemplated by the contract, the time of completion shall be extended
proportionately and the Contractor shall be relieved during the period of such extension of any claim for
liquidated damages, engineering or inspection charges or other penalties. The Contractor shall have no
claim for any other compensation for any such delay.
10. Performance by Sureties. In the event of any termination as herein before provided, City shall
immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have
the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5)
days after giving them said notice of termination, do not give the City written notice of their intention to
take over the performance of the Agreement and do not commence performance thereof within five (5) days
after notice to the City of such election, City may take over the work and prosecute the same to completion
by contract or by any other method it may deem advisable, for the account, and at the expense, of
Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby;
and, in such event, City may, without liability for so doing, take possession of and utilize in completing the
work such materials, appliances, plant and other property belonging to Contractor as may be on the site of
the work and necessary therefor. Should Contractor contract in an individual capacity, the surety bond shall
contain the following provision: "Should Contractor contract in his individual capacity, the death of the
Contractor shall not relieve the surety of its obligations."
11. Disputes Pertaining to Payment of Work. Should any dispute arise respecting the true value of
any work done, of any work omitted, or if any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this contract, such dispute shall
be decided by the Director of Public Works and the decision of the latter shall be final and conclusive.
12. Permits. Compliance with l,aw. Contractor shall, at Contractor's expense, obtain all necessary
permits and licenses for the construction of each improvement, give all necessary notices and pay all fees
and taxes required by law.
13. Superintendence by Contractor. Contractor shall give personal superintendence to the work on
said improvements or have a competent foreman or superintendent, satisfactory to the Director of Public
Works, on the work at all times during progress with authority to act for him.
14. Inspection by City. Contractor shall at all times maintain proper facilities and provide safe
access for inspection by City to all parts of the work and to the shops wherein the work is in preparation.
15. Inspection and Testing of Materials. Contractor shall notify City a sufficient time in advance of
the manufacture of production of materials to be supplied by Contractor under this contract in order that
City may arrange for mill or factory inspection and testing of same.
Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing
and inspection by City's representatives, or prior to the receipt of notice from such representative that such
testing and inspection will not be required, shall not be incorporated on the job of said improvements.
Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill test reports.
16. Extra and/or Additional Work and Changes. Should City at any time during the progress of said
work request any alterations, deviations, additions or omissions from said specifications or plans or other
contract documents, it shall be at liberty to do so, and the same shall in no way affect or make void the price,
as the case may be, by a fair and reasonable valuation. Request for such change must be made in writing,
A-4
signed by the Director of Public Works, and shall be accompanied by plans and specifications for such
purposes and shall be accepted in writing by the Contractor.
17. Permits and Care of the Work. Contractor has examined the site of the work and is familiar with
its topography and condition, location of property lines, easements, building lines and other physical factors,
and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall
obtain any permission necessary for any operations conducted off the property owned or controlled by City.
Contractor shall be responsible for the proper care and protection of all materials delivered and work
performed until completion and final acceptance.
18. Other Contracts. City may award other contracts for additional work and Contractor shall fully
cooperate with such other Contractors and carefully fit Contractor's own work to that provided under other
contracts as may be directed by the Director of Public Works. Contractor shall not commit or permit any
act, which will interfere with the performance of work by any other Contractor.
19. Payments to Contractor. On the 20th day of each and every month during the progress of the
work, commencing with the 20th day of the month following the Notice to Proceed, Contractor shall submit
to the Director of Public Works a complete itemized statement of all labor and materials incorporated into
the improvement during the preceding month and the portion of the contract sum applicable thereto. On
approval in writing of said statement by the Director of Public Works, it shall be submitted to the City
Council at its second monthly meeting next succeeding such approval and within ten (10) days after
approval thereof by the City Council, City shall pay Contractor a sum based upon ninety percent (90%) of
the contract price apportionment of the labor and materials incorporated into the improvement under the
contract during the month covered by said statement.
City shall file with the County Recorder's Office a Notice of Completion within ten (10) days after
said improvements shall have been completed and accepted by City and written proof of said filling shall be
delivered to the City Clerk.
The remaining ten percent (10%), less that amount withheld by City to correct defective work or
otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the Notice of
Completion of the work, on duly certified voucher therefore, after Contractor shall have furnished City with
a release of, or bond against all claims against City, if required by City, arising under and by virtue of this
contract, and work done, and materials furnished hereunder. In the event that there are any claims
specifically excepted by Contractor, if permitted by City, from the operation of the release, there shall be
retained by City stated amounts to be set forth therein and approved by the Director of Public Works. If
there be any claims filed against the work, City shall withhold final payment until the validity of such claims
shall have been properly determined and in this regard City is hereby empowered to pay directly to claimant
the full amount of any valid claims.
Pursuant to Chapter 13 (commencing with Section 4590) Division 5, Title 1 of the Government Code
of the State of California, securities may be substituted for any moneys withheld by a public agency to
ensure performance under a contract. At the request and expense of the Contractor, securities equivalent to
the amount withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the
escrow agent, who shall release such securities to Contractor following the expiration of 30 days from the
date of filing of a Notice of Completion of the work by City, unless such securities are to be withheld by
City to correct defective work or otherwise complete the contract or are subject to withholding by City to
satisfy stop notices or other calms and costs associated therewith.
The request for substitution of securities to be deposited with the City, or with a State or Federally
A-5
Chartered Bank as escrow agent, shall be submitted on the form entitled "Supplemental Agreement No.
Substitution of Securities for Funds Withheld", which, when executed by the Contractor and the
City, shall constitute a Supplemental Agreement forming a part of this Contract. The City shall have thirty
(30) days from receipt of any written request, properly completed and signed by the Contractor and, if
applicable, accompanied by an escrow agreement in a form acceptable to City, to approve said request and
effect the substitution. City shall not unreasonably withhold approval of said request. City shall determine
the value of any security so deposited. Such Supplemental Agreement and any escrow agreement shall
provide for the release of the securities to Contractor as set forth herein and shall also set forth the manner
in which City may convert the securities or portions thereof, to cash and apply the proceeds to the
accomplishment of any purposes for which moneys may be withheld and utilized as described in this
Contract, including but not limited to the completion of the contract, correction of defective work and the
answering of any stop notice claims and litigation cost thereof.
Securities eligible for investment under this section shall be those listed in California Government
Code Section 16430 or bank or savings and loan certificates of deposit.
The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and
shall receive any interest thereon.
20. Contract Security. Concurrently with the execution hereof, Contractor shall furnish: (1) a surety
bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faith
performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred
percent (100%) of the contract price as security for the payment of all persons performing labor and
furnishing materials in connection with this contract in accordance with Section 4200-4208, inclusive, of the
Government Code of the State of California. Sureties on each of said bonds and the form thereof shall be
satisfactory to the City and be approved by the Director of Public Works.
21. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold
City, its elective and appointive boards, officers, agents, employees harmless from any liability for damage
or claims for damage for personal injury, including death, as well as from claims for property damage which
may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such
operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons
directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or
Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers,
agents, employees from any suits or actions at law or in equity for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations, provided as follows:
The City does not, and shall not waive any rights against Contractor, which it may have by
reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the
deposit with City by Contractor, of any of the insurance policies hereinafter described in
Paragraph 22 hereof.
That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of
the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
22. Insurance. The Contractor shall take out and maintain during the life of this Agreement the
following polices of insurance:
A-6
a. Workers' Compensation and Employers' l.iability Insurance providing full statutory coverage.
In signing this Agreement, the Contractor makes the following certification, required by Section
1861 of the California Labor Code:
"I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the provisions of the Code, and I
will comply with such provisions before commencing the performance of the work
of this Agreement".
b. Comprehensive General l Jiability Insurance
Public Liability Insurance (includes premises, elevator - if applicable, products, completed
operations, personal injury and contractual):
(1) Bodily Injury Liability:
$ 500,000 each person
$1,000,000 each occurrence
(2) Property Damage Liability [includes XCU (explosion, collapse, and underground
damage); water damage and broadform property damage or third party liability]:
$ 500,000 per occurrence
Comprehensive Automobile I.iability Insurance (includes owned, non-owned, and hired
vehicles):
(1) Bodily Injury Liability:
$ 500,000 per person
$1,000,000 each occu~ence
(2) Property Damage Liability:
$ 500,000 each occurrence
It is agreed that the insurance required by Subsections b and c, in an aggregate amount of not
less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be
extended to include as additional insured the City of South San Francisco, its elective and
appointive boards, commissions, officers, agents, employees, with respect to operations
performed by the contractor, as described herein. Evidence of this insurance described above
shall be provided to City upon execution of this Agreement and shall be subject to approval of
the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a
provision indicating that such insurance shall not be reduced or cancelled except upon thirty
(30) days written notice to City. In addition, the following endorsement shall be made on said
policy of insurance:
"The following are named as additional insured on the above policies: The City of
A-7
South San Francisco, its elective and appointive boards, officers, agents, and
employees."
"Notwithstanding any other provision in this policy, the insurance afforded
hereunder to the City of South San Francisco shall be primary as to any other
insurance or re-insurance covering or available to the City of South San Francisco,
and such other insurance or reinsurance shall not be required to contribute to any
liability or loss until and unless the approximate limit of liability afforded
hereunder is exhausted."
The above requirements that the City be named as additional insured, that the insurance shall be
primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of
an endorsement signed by an authorized representative of the insurance company providing coverage, who
shall declare his or her authority to sign on behalf of the insurer.
23. Proof of Carriage of Insurance. Contractor shall furnish City through the Director of Public
Works, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required
and that each carrier shall give City at least thirty (30) days prior notice of the cancellation of any policy
during the effective period of this contract.
24. l,egal WorkDay - Penalties for Violation. Eight (8) hours of labor shall constitute a legal day's
work. Contractor shall not require more than eight (8) hours labor in a day from any person employed by
the Contractor in the performance of such work. Contractor shall forfeit as a penalty to City the sum of
TWENTY FIVE DOLLARS ($25) for each laborer, workman or mechanic employed in the execution of
this contract by Contractor or by any Subcontractor for each calendar day during which such laborer,
workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the
provisions of Section 1813 of the Labor Code of the State of California.
25. Prevailing Wage Scale. The minimum compensation to be paid for labor upon all work
performed under this contract shall be the general prevailing rate of per diem wages and the general
prevailing rate for holidays and overtime work obtained by the City from the Director of the Department of
Industrial Relations, and per the Contract Specifications.
26. Emergency - Additional Time for Performance - Procurement of Materials: If, because of war or
other declared national emergency, the Federal or State government restricts, regulates or controls the
procurement and allocation of labor or materials, or both, and if solely because of said restrictions,
regulation or controls, Contractor is, through no fault of Contractor, unable to perform this agreement, or the
work is thereby suspended or delayed, any of the following steps may be taken:
City may, pursuant to resolution of the Council, gram Contractor additional time for the
performance of this agreement, sufficient to compensate in time, for said delay or suspension.
To qualify for such extension of time, Contractor, within ten (10) days of Contractor's
discovering such inability to perform, shall notify the Director of Public Works in writing
thereof and give specific reason therefor; Director of Public Works shall thereupon have sixty
(60) days within which to procure such needed materials or labor as is specified in this
agreement, or permit substitution, or provide for changes in work in accordance with other
provisions of this agreement. Substituted materials, or changes in the work, or both, shall be
ordered in writing by the Director of Public Works and the concurrence of the Council shall not
be necessary. All reasonable expenses of such procurement incurred by the Director of Public
A-8
Works shall be defrayed by Contractor; or
bo
If such necessary materials or labor cannot be procured through legitimate channels within sixty
(60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written
notice to the other, terminate this agreement. In such event, the Contractor shall be
compensated for all work executed upon a unit or upon a cost-plus ten percent (10%) basis,
whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the
date of notice of termination specially ordered for the project and which cannot be utilized by
contractor, shall be compensated for by City at cost, including freight, provided that Contractor
shall take all steps possible to minimize this obligation; or
C°
City Council, by resolution, may suspend this agreement until the cause of inability is removed,
but for a period not to exceed (30) days. If this agreement is not cancelled and the inability of
Contractor to perform continues, without fault on Contractor's part, beyond the time during
which the agreement may have been suspended, as hereinable provided, City Council may
further suspend this agreement, or either party hereto may, without incurring any liability, elect
to declare this agreement terminated upon the ground of impossibility of performance. In the
event City declares this agreement terminated, such declaration shall be authorized by the City
Council, by resolution, and, Contractor shall be notified in writing thereof within five (5) days
after the adoption. In such event, the Contractor shall be entitled to proportionate compensation
at the agreement rate for such portion of the agreement as may have been performed; or
d°
City may terminate this agreement, in which case Contractor shall be entitled to proportionate
compensation at the agreement rate for such portion of the agreement as may have been
performed. Such termination shall be authorized by resolution of the Council. Notice thereof
shall be forthwith given in writing to Contractor and this agreement shall be terminated upon
receipt by Contractor of such notice. In the event of the termination in this subparagraph (d),
none of the covenants, conditions or provisions hereof shall apply to the work not performed
and City shall be liable to Contractor only for the proportionate compensation last herein
mentioned.
27. Provisions Cumulative. The provisions of the Agreement are cumulative, and in addition to and
not in limitation of, any other rights or remedies available to City.
28. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail,
postage prepaid.
Notices required to be given to City shall be addressed as follows:
City of South San Francisco, City Clerk
City Hall, 400 Grand Avenue
PO Box 711
South San Francisco, California 94083
Notices required to be given to Contractor shall be addressed as follows:
A-9
Blackburn Construction/RTS
A Joint Venture
P.O. Box 1785
Lafayette, CA 94549
Notices required to be given sureties of Contractor shall be addressed as follows:
Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows:
29. Interpretation. As used herein, any gender includes each other gender, the singular included the
plural and vice versa.
30. One Year Guaranty ! Ipon Final Acceptance. The Contractor agrees that upon final acceptance
of the work, following guaranty shall become operative: that Contractor shall repair or replace, at its own
expense, any of said work which shall at any time during One (!) Year period subsequent to the date of final
acceptance become damaged or defective because of faulty workmanship or defective materials.
Contractor shall file with City a corporate surety bond in the sum of ten percent (10%) of the final
contract price (including all change orders for extra work securing this guaranty to City, and said bond shall
be filed at the time final acceptance of this work is requested. Should Contractor not file said bond as
required herein, City may retain the remaining ten percent (10%) of the contract price as a cash bond for
said One (1) Year period. Should Contractor within a reasonable time after demand made fail to make any
and all such repairs or replacements, City may undertake said repairs and replacements with its own forces
or through contract, and Contractor shall reimburse City for any and all costs of said repairs or
replacements, even if said cost exceed the principal sum of the corporate surety bond which is security for
the performance of this guaranty. Contractor and his surety may provide the aforegoing guaranty in the
original performance bond.
IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of ten (11)
pages (being pages A-1 through A-Il), each of which counterparts shall for all purposes be deemed an
original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year
first hereinabove written.
A-10
CITY: City of South San Francisco,
a municipal corporation
ATTEST:
By:
City Manager
City Clerk
CONTRACTOR:
Blackburn ConstJRTS
A Joint Venture
ATTEST:
By:
(If Contractor is an individual, so state. If
Contractor is a Corporation, a corporate seal
or signatures of the President or Vice President
and the Secretary Treasurer are re quired).
A-Il
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between the City of South San
Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter
referred to as "City" and ,whose address is
hereinafter called "Contractor" and
,whose address is
, hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1)
Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by
Owner pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of dated (hereinafter referred to as
the "Contract"). Alternately, on written request of the Contractor, the Owner shall make payments of the
retention earnings directly to the Escrow Agent. When the contractor deposits the securities as a substitute
for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market
value of the securities at the time of the substitution shall be at least equal to the cash amount then required
to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities
shall be held in the name of , and shall designate the Contractor as the beneficial owner.
(2)
The Owner shall make progress payments to the Contractor for those funds which otherwise would be
withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent
holds securities in the form and amount specified above.
(3)
When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent
shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is
terminated. The Contractor may direct the investment of the payments into securities. All terms and
conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable
and binding when the Owner pays the Escrow Agent directly.
(4)
Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in
administering the Escrow Account and all expenses of the Owner. These expenses and payment terms
shall be determined by the Owner, Contractor, and Escrow Agent.
(5)
The interest earned on the securities or the money market accounts held in escrow and all interest earned
on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor
at any time and from time to time without notice to the Owner.
(6)
Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by
written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow
Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7)
The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon
seven day's written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall
immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8)
Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and
that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow
Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the
Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities
on deposit and payments of fees and charges.
(9)
Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to
Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent
harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10)
The names of the persons who are authorized to give written notice or two receive written notice on behalf
of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their
respective signatures are as follows:
On behalf of Owner:
On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set
forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
Approved as to form:
Attest:
City Attorney Date Sylvia Payne, City Clerk
GENERAl, PROVISIONS
INDEX
Page No.
SECTION I - DEFINITION OF TERMS
SECTION II -
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
PROPOS Al, REQI ~REMENTS
General Information
Proposal Form
Approximate Estimate
Bid Prices to Cover Entire Work
Examination of Plans, Specifications,
Special Provisions and Site of Work
Proposal Guaranty
Rejection of Proposals Containing
Alterations, Erasures or Irregularities
Competency of Bidders
Subcontractors
N/A
SECTION Ill -
(a)
(b)
(c)
(d)
(e)
AWARD AND F, XECI ITION OF CONTRACT
Award of Contract
Return of Proposal Guaranties
Contract Bonds
Liability Insurance Required
Execution of Contract
SECTION IV - SCOPE OF WORK
(a) Work to be Done
(b) Safety Program
(c) Removal of Obstructions
(d) Dust Control
(e) Clean up
(f) Final Cleaning
SECTION V - CONTROl, OF WORK
(a) Authority of the Engineer
(b) Conformity with Plans
(c) Coordination of Plans, Specifications and Special Provisions
(d) Conflict between Pans of Contract Documents
(e) Interpretation of Plans and Specifications
(f) Superintendence
(g) Lines and Grades
(h) Inspection
(i) Removal of Defective and Unauthorized Work
(j) Final Inspection
SECTION VI - CONTROl, OF MATERIAl ,S (a) Source of Supply and Quality of Materials
(b) Defective Materials
(c) Samples and Tests
GP-1
GP-1
GP-3
GP-3
GP4
GP-6
SECTION VII - I,EGAI, REI ,ATIONS AND RESPONSIBI1,1TY
(a) Laws to be Observed
(b) Trench Safety
(c) Hours of Labor
(d) Review of Per Diem Rates
(e) Prevailing Wage
(f) Travel and Subsistence Payments
(g) Registration of Contractors
(h) Permits and Licenses
(i) Patents
(j) Contractor's Field Office and Storage Areas
(k) Utilities
(1) Contractor Cooperation & Coordination
(m) Public Convenience
(n) Public Safety
(o) Preservation of Property
(p) Responsibility for Damage
(q) Contractor's Responsibility for Work
(r) Portion of Work, which may be Placed in Service
(s) No Personal Liability
SECTION VIR
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
- PROSECUTION AND PROGRESS
Subcontracting
Assignment
Progress of the Work and Time of Completion
Character of Workmen
Temporary Suspension of Work
Time of Completion and Liquidated Damages
Suspension of Contract
Communications
SECTION IX -
(a)
(b)
(c)
(d)
(e)
(f)
MEASI JREMENT AND PAYMENT
Measurement of Quantities
Scope of Payment
Partial Payments
Acceptance of the Work
Final Payment
Travel & Subsistence Payments
SECTION X - EXTRA WORK AND Al ,TERED QI IANTITIES (a) Extra Work
(b) Force Account Work
(c) Alterations
SECTION XI - FAIR EMPI ,OYMENT PROVISIONS
SECTION XII - EMPI,OYMENT OF APPRENTICF. S
GP-6
GP-11
GP-13
GP-15
GP-16
GP-16
GENERAl, PR OVl,qlON~q
SECTION 1
DEFINITION OF TERMS
(a) City - The City of South San Francisco, State of California, acting through the City Council, or other
duly authorized agents.
(b) Engineer or Works Engineer - The duly appointed City Engineer of the City of South San Francisco,
acting directly or through properly authorized agents limited by the particular duties entrusted to them.
(c) Inspector - The Inspector or Inspectors of the Engineer of the City of South San Francisco, limited by
the particular duties entrusted to him or them.
(d) Superintendent of Streets - The City Engineer (Ex-officio Superintendent of Streets) of the City of
South San Francisco, acting directly or through properly authorized agents.
(e) Bidder - Any individual, firm or corporation submitting a proposal for the work contemplated, acting
directly or through a duly authorized representative.
(f) Contract - The written agreement covering the performance of the work. The contract includes the
notice to Contractors, the proposal, plans, specifications, contract bonds, and all supplemental agreements
affecting the work.
(g) Contractor - The person or persons, firm, co-partnership, or corporation who have entered into the
contract with the City, or his, their or its duly authorized representative.
(h) Specifications - The information, directions, provisions, and requirements pertaining to the work, and
contained herein including Special Provisions, General Provisions, and Standard Specifications.
(i) Plans - The drawings, or reproduction thereof, approved by the Engineer, pertaining to the work, and
made a part of the contract.
(j) The Work - The improvement, structure, project, or construction contemplated in the contract, the
furnishing of all necessary labor, materials, tools and other devices, and the doing or performing by the
Contractor of all things required to be done for the fulfillment of the contract as provided therein.
SECTION II
PROPOSAI. REQI IIREMENTS
(a) Gene~ al Info, ,nation - Sealed proposals, addressed to the City Council of the City of South San
Francisco, will be received by the Purchasing Officer and will be publicly opened and read at the time and
place stated in the Notice to Inviting Bids.
Any bid may be withdra<~ at any time prior to the hour fixed in the Notice Inviting Bids for the opening of
the bids presvided that a [equest in writing, executed by the bidder or lfis duly authorized representative, for the
withdrawal of such shall not prejudice the tight of a bidder to file a new bid.
(b) lhoposal Fo~ ,,~ - All proposals shall be nude upon blank fom~s contained in the Bid Forms book. All
GP-1
proposals shall give the p,ice proposed, both in writing and figures, mad shall be sigaed by the bidder, with lffs
address. If the proposal is inade by an individual, his naine and post office address must be shown. If made by
a rum or pattnerslfip, the name and post office address of each member of the fim~ or pa, tnership must be
shown. If made by a coiporation, the proposal must show tile naane of the state under the laws of wlffch the
corporation was cha, tered and the naanes, titles, and business addresses of the president, secreta~'y, and
tleasuler.
(c) Bid lhices to Ccrver Entire Work - Payment for the work done under tiffs contract shall be made on
the basis of the lump sun, bid price as set forth on the Bidder's Sheet for Proposal. Bidder shall include in Iris
lump sum bid price the entire cost of the work contemplated in the contract, as requited by the plans, drawings,
specifications, Special Provisions, and General hovisicms: and, furthermore, it shall be understood and ag,ced
that there is included in the lump suIn bid the cost of all labor, nutedals and equipment and all incidentals
expense of whatever nature necessa, y to complete the work.
Any pa~t of the work which is not mentim~ed in the Specifications, and/or in the Special h~visions, but is
shown on the plans, or any pad not shown m~ the plans but described in the Specifications and/or in the Special
hovisions, or any past not shown in the plans nor described in the Specifications or Special h,ovisions, but
which is reasonably implied by either, or is necessary or usual in the perfo, mance of such work, shall be
performed as incidental work, without extra cost to the City, by the Couttactor as if fully described in the
S},ecificaticq~s or Special hovisions and shown on the plans, and the expense thereof shall be included in the
lmnp sum bid.
(d) Examination of Plans, Specifications, Special Fh-ovisions, and Site of Wol k - The bidder is required to
exanfine carefully the site of and the proposal, plans, specifications, and conect fornls for the work
contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be
encountered, as to the chaiacter, quality, and quantities of work to be performed and materials to be fmnished,
and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed
that submission of a proposal shall be considered prima facie evidence that the bidder has nude such
exanfinaticm.
The City will not be respcmsible for any loss or unaalticipated cost incuned by the Contractm as a result of
his failure to estimate in advance all conditions peitaining to the work, including underground pipelines and
sewers that may have to bc relocated.
(e) lh opo,~al Guaranty - All bids shall be presented under sealed cover and shall be accompoaffed by cash,
caslffer's check, cettified check, or bidder's bond, made payable to the City of South Sail Francisco, for the
amount equal to at least ten per cent (10%) of the amount of said bid, and no bid shall be considered unless
such cash, cashier's check, or cc, tiffed check, or bidder's bond is enclosed therewith.
(f) Rejection of Ih opo.qals Containing Alteration,% Era.m~ es, or h, egula~ ities - lhoposals may be rejected
if they show any alterations of form, additicms not called for, conditicmal or alte, aative bids, incomplete bids,
erasmes, or Megulasities of any kind.
(g) Competency of Bidders - Proposal requireinents. Before entering into a ccqlttact, the bidder shall
satisfy the City that he possesses adequate equipment and has the necessary experience and forces to perfo,,n
the work in the manner set fo,th in these specifications. IIe shall be a licensed Contractor in the State of
Califo,.ia. A City of South San Francisco Contractor's license will be required before the contract for the work
is signed by the City.
(h) Subce~tractors - Proposals shall comply with the Subletting and Subcontracting Fair Practices Act
(Gown,merit Code Section 4100 et seq.). Pursuant to Section 4104 of said Act, bidder shall in fl~e bid set forth:
GP-2
(1) The name and the location of the place of business of each sub-contractor who will pe~fwm work
or labor or render se~ ,,ice to the prime Contractor in or about the consuuctica~ of the work or imp~,ovement
in an amount in excess of caae-half of oue percent of the prime Contractor's total bid.
(2) The portion of the work wlrch will be done by each such subcontractor under tlrs Act. The
prime Contractor shall list ca~ly one subcontractor for each of such poition as is defined by the prime
Contractor in Iris bid.
SECTION Ill
AWARD AND EXF, CI ITION OF CONTRACT
(a) Award of Contract - The City reserves the right to reject any and all proposals.
The award of the contract, if it be awarded, will be to the lowest respcmsible bidder, and will be nude
within sixty (60) days after the opening of the proposal.
All bids will be compared on the basis of the Engineer's cost estimate.
(b) Ret,,,,, of Ihoposal Guaranties - Within ten days after the execution award of the contract, the
Pmchasing Officer will return the proposal guaranties accompanying such of the proposals as me not to be
considered in making the award. All other proposal guaranties will be held until the contract has been finally
executed, after wlfich they will be returned to the respective bidders whose proposals they accompany.
(c) Contract Bonds - The bidder to whom the ccmtract is awarded shall execute a petfom~ance bond
satisfacto, y to tile City for the Faithful peffo~.unce of the work in a sum equal to the amount of the contract.
A payment bond shall be fi, mished securing the claims of persons employed by tile Contractor and the
claims of persons who furnish materials, supplies or equipment used or consumed by the Contractor in the
perfoim0alce of the work. This bond shall bt. in a suni equal to the amount of the contract.
(d) l.iability Insurance Required - See Sections 21 and 22 of the AGREEMENT FOR PUBLIC
IMPROVEMENTS.
(e) Execnticm nf Contract - The contract shall be siuaed by the successful bidder and returned, together
with the contiact bonds, within ten (10) days, not including Sundays and legal holidays, after the bidder has
received notice that the contract has been awarded. Failure to execute the contiact and file acceptable bonds
within the specified time shall be just cause for the annuhnent of the award and the forfeiture of the proposal
gu0aanty.
SECTION IV
SCOPE OF WORK
(a) Work to be Done - The work to be done consists of furnishing all labor, materials, methods or
processes, implements, tools, and machinery, except as otherwise specified, which are required to construct and
put into complete order for use the work in SPECIAL PROVISIONS, and to leave the grounds in a neat
condition.
(b) Safety Program
(1) The Contractor shall conform to the rules and regulations pertaining to safety established by the
GP-3
California Division of Industrial Safety and to all requirements as set forth in the State of Califomia
Construction Safety Orders (CAL/OSHA), and in particular, Article 3 of these Safety Orders, regarding
Accident Prevention and safety meetings.
(2) Full compensation for complying with the safety requirements of this Section is considered to be
included in the lump sum price paid for the work and no separate payment shall be made therefor.
(c) Removal of Obstructions - The Contract shall remove and dispose of all structures, debris, or other
obstructions of any character to the work to be performed.
The Contractor shall remove and dispose of all trees, and other obstructions, which interfere with the proper
completion of the work even though these obstructions may not be shown on the plans.
(d) Dust Control
(1) The Contractor shall furnish all water, labor, and equipment necessary to control dust within the
immediate project area and upon any roads used for hauling which become dusty as a result of the
Contractor's operations.
(2) Precautions shall be taken to control dust and to comply with the requirements of the Bay Area
Air Pollution Control District. When problems arise either as a result of complaints or as determined by the
City, construction operations under this contract may be suspended until the Contractor has satisfactorily
complied with dust control measures. The Contractor shall assume all liabilities arising as a result of
inadequate dust control measures.
(3) All costs for promising adequate dust control, including the cost of water, shall be considered
incidental to the various contract bid items and no additional compensation will be allowed.
(e) Clean l Jp - The Contractor shall not allow the site of the work to become littered with trash and waste
material and shall maintain the same in a neat and orderly condition throughout the construction period. The
Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner
of disposal.
Sidewalks, street area, parking (planting) strips and driveways approaches must be kept reasonably clean at
all times during the construction and be completely and carefully cleaned after the work has progressed beyond
the immediate vicinity, to the satisfaction of the Engineer.
(f) Final Cleaning - Upon completion and before making application for acceptance, the Contractor shall
clean the street or road, borrow pits, and all ground occupied by him in connection with the work, of all
rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and
presentable condition.
SF, CTION V
CONTROl, OF WORK
(a) Authority of the F, ngineer - The Engineer shall decide any and all questions which may arise as to the
quality or acceptability of materials furnished and work performed, and as to the manner of performance and
rate of progress of the work; all questions which may arise as to the interpretation of the plans and
specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all
questions as to compensation. His decision shall be final and he shall have authority to enforce and make
GP-4
effective such decisions and orders as the Contractor fails to carry out promptly.
(b) Conformity with Pla,~s - Finished surfaces in all cases shall conform with the lines, g, ades,
cross-sections and dimensions sho~,, on the approved plans.
(c) Coordination of Plans, Specifications, and Special Provisions - These specificaticms, general
provisions, special provisions, standard specificatica~s, plans and all supplementary docmnents are essential
p,~ts of the contract, and a requirement OCCurring in one is as binding as though occthdng in all. They are
intended to be cooperative, to describe and to provide for a complete work.
(d) Conflict Between Pa~ ts of Contract Documents - If there is any c~ffiict between the requhements of
the Special Provisions, the Standard Specificaticms or the drawings, the following shall be the order of
precedence (in order from lfighest precedence to lowest):
(1) Agreement for Public hnprovements
(2) Special h~ovisicms
(3) Teclmical Specifications
(4) Drawings
(5) Geneial Pit, visions
(6) Standard Specifications
(7) Standard Plans
The Special Provisions and General Plovisions are as set forth in these Specificaticals. The Drawings are
the ConUact Drawings for tlfis project. The Staudard Specificatic~s are the Standard Specifications of the State
of California, Business and Transportaticm Agency, Department of Tr/mspoetation.
(e) Inteq,retation cfi Plans and Specificaticms - Should it appear that fl~e work to be done or any nutter
relative thereto are not sufficiently detailed od explained in the these specifications, plans, and the Special
hovisions, the Contractor shall apply to the Engineer well in advance of the time a claaification is needed for
such further explanaticms as may be necessary and shall conform to those explanations as pzut of the contract,
so far as may be ccmsistent with the original specifications. The Engineer's decision legarding definitions or
clarifications will be final.
In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be
taken as correct.
(f) Superintendence - Whenever the Contractor is not present on any part of the work where it may be desired
to give direction, orders will be given by the Engineer, which shall be received and obeyed by the
Superintendent or foremen in charge of the particular work in reference to which the orders are given.
(g) I fines and Grades - Contractor shall be respca~sible to set lines and grades for ccmstruction.
(h) Inspection - The Engineer shall at all times have access to the work during construction, and shall be
furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship,
and character of materials used and employed in the work.
Whenever the Contractor varies the period during which work is carried on each day, he shall give due
notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as
GP-5
prescribes. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the
fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and
accepted or estimated for payment.
(i) Removal of Defective and I h~autlm, ized Work - All work which has been rejected shall be remedied,
or removed mid replaced by the Conuactor in an acceptable n~amler and no compensatim~ will be allowed him
for such removal or replacement. Any woik done beyond the lines and grades shown cm the plans or
established by the Engineer, or any extra work done without written authority will be considered as
unautho, i,ed and will not be paid for. Work so done may be ordered removed at the Ccalttactol's expense.
Upon failure on the part of the Contiactoi to comply fo. thwith with any order of the Engineer nude raider the
provisions of this article, the Engineer shall have authority to cause defective work to be removed, and to
deduct the costs from any lnonies due or to become due the Ccnmactor
(j) Final Inspection - Whenever the work provided and contemplated by the contxact shall have been
satisfacto, ily completed and the final clealfing up peffomied, the Engineer will make the final inspection.
SECTION VI
CONTROl, OF MATERIAl ,S
(a) Sen~rce of Supply and Quality of Materials - At the option of the Engineer the soume of supply of
each of the material shall 'be approved by lfim before the delive, y is started. Only nuterials cmffo.,fing to
requkements of these specifications and approved by the Engineer shall be used in the work. All nuterials
proposed for use nuy be inspected or tested at any time during their preparation and use. After hlal, if it is
found that source of supply which have been approved so not ft.,,ish a unifo.n product or if the product from
any source proves unacceptable at any time the Cm~tractor shall ft..ish approved nutefial from other approved
sources. No material, which, after approval, has in any way become m~fit for use shall be used in the work.
(b) Defective Mate~ ials - All materials not confomfing to the requkements of these specificaticms shall
be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be
removed inunediately from the site of the work, unless otherwise pemfitted by the Engineer. No rejected
material, the defects of which have been subsequently conected, shall be used until approval in writing has
been given by the Engineer. Upcm failure on the part of the Contiactor to comply fo, thwith with any order of
the Engineer made under the provisions of this ;u tide, the Engineer shall have autho, ity to remove and replace
defective material and to deduct the cost of removal and replacement from any monies due oi to become due
the Cmmactor.
(c) Samples and Tests - Representative prelinfina~y samples of the character and quality prescribed shall
be subnfitted by the Contractor or producer of all materials to bc used in the work, for testing or exanfination as
desired by the Engineer.
All tests of materials fm.ished by the Conuactor shall be made in accordance with conuncmly recognized
standards of national organizations and such special methods and tests as are prescribed in these specifications.
The Contiactor shall ft~aish such samples of materials as are requested by the Engineer, without charge.
Samples will be sectwed aud tested whenever necessary to dete..fine the quality of material.
GP-6
SECTION VII
1 ,EGAI, RF, I ,ATIONS AND RESPONSIBII JTY
(a) l.aws to be Observed - The Contractor shall keep himself fully informed of all existing and future
State and National Laws, including all provisions of Section 1776 of the Labor Code, and Municipal
Ordinances and Regulations which in any manner affect those engaged or employed in the work, or the
materials used in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe
and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the
Contractor shall meet all standards of the State and Federal Government for air, water and noise pollution. The
Contractor shall inform the City of the location of the records enumerated under Section 1776(a) of the Labor
Code, including the street address, city and county, and shall within five working days, provide a notice of a
change of location and address.
If there is any conflict between these specification and provisions and any laws or regulations, the matter
shall be brought to the attention of the Engineer immediately. All necessary permits or approvals from any
involved agency shall be obtained by the Contractor before any work is started.
(b) Trench Safety - The applicable regulations of the State of California, Department of Industrial Safety,
will be strictly enforced. Trenches five (5) feet or more in depth shall be shored to prevent cave in. Any
shoring, which, in the opinion of the Engineer, is unsafe, shall be removed and replaced in a satisfactory
condition prior to personnel entering the trench or placing of pipe or other facilities.
(c) Hours of l,abor - The Contractor shall forfeit, as penalty to the City of South San Francisco,
twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or by any
subcontractor under him for each calendar day during which any workman is required or permitted to labor
more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to
Section 1816 thereof, inclusive.
(d) Review of Per Diem Rates - Reference is hereby made to the prevailing rate of per diem wages
adopted by the City Council of the City of South San Francisco in accordance with Labor Code Section 1770 et
seq., copies of which are on file in the office of the City Clerk and the Office of the Engineer, City Hall, South
San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance
with Labor Code Section 1773.4 calling for a review of the rates as so established, the closing rate for the
submission of bids or the start of work, whichever is applicable shall be extended as in such section provided,
and the determination made by the Director of Industrial Relations shall be deemed included in the contract for
this work.
(e) Prevailing Wage - The wages to be paid for a day's work to all classes of laborers, workmen, or
mechanics on the work contemplated by this contract, shall be not less than the prevailing rate for a day's work
in the same trade or occupation in the locality within the state where the work hereby contemplates to be
performed as determined by the Director of Industrial Relations pursuant to his authority under Labor Code
Section S1770 et_seq, Each laborer, workman or mechanic employed by a Contractor or by any subcontractor
shall receive the wages herein provided for. The Contractor shall pay twenty-five dollars per day penalty for
each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per
diem wages and the wage paid to each worker shall be paid by the Contractor to each worker.
The City will not recognize any claim for additional compensation because of the payment by the
Contractor for any wage rate in excess of prevailing wage rate set forth in the contract. The possibility of wage
increases is one of the elements to be considered by the Contractor in determining his bid, and will not, under
any circumstances be considered as the basis of a claim against the City on the contract.
GP-7
NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for
payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections
SS1770-1775.
Posting of Schedule of Prevailing Wage Rates and Deductions - If the schedule of prevailing wage rates is
not attached hereto pursuant to Labor Code Section S1773.2, the Contractor shall post at appropriate
conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the
various classes of laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
Payroll Records - Each Contractor and subcontractor shall keep an accurate payroll record, showing the
name, address, social security number, work week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him in connection with the public work. Such records shall
be certifies and submitted weekly as required by Section 7-1.01A(3) of the Standard Specifications and as
required by Labor Code Section S 1776.
(f) Travel and Subsistence Payments - Travel and subsistence payments shall be made to each workman
needed to execute the work, as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.
(g) Registration of Contractors - Before submitting bids, Contractors shall be licensed in accordance with
the provisions of the State Contractors' l ~icense I,aw, Flusiness and Professions Code 7000 et seq. as amended.
(h) Permits and l ,icenses - The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the work. A City of South
San Francisco Contractor's license will be required before the contract is signed by the City.
(i) Parents - The Contractor shall assume all costs arising from the use of patented materials, equipment,
services, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City
of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all
suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment,
services, or processes.
(j) Contractor's Field Office and Storage Areas
(1) The Contractor and his subcontractors may maintain such office and storage facilities within or
near the project area as are necessary for the proper conduct of the work. The locations for such office and
storage facilities shall be as approved by the Engineer. Before or during this contract, should the Contractor
desire a new or different location, he shall apply to the Engineer for the change of locations and shall only
make such change with the approval of the Engineer.
(2) Temporary storage of equipment and materials to be used for this project shall at all times be
located out of pedestrian and vehicular travel ways. They shall be stored in such a manner as to protect the
public from accidental occurrences arising from their location. In addition, they shall be properly lighted
and barricaded.
(k) lltilities - The location in public streets of pipes, conduits and other underground facilities of the
public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to
companies and City departments concerned for any information, which may be needed, concerning utilities.
GP-8
(1) Contractor Cooperation & Coordination - The Contractor is advised that other construction and
maintenance work may be performed by the Pacific Telephone Company, Pacific Gas & Electric Company,
other utility companies, the City and/or their Contractors in the project area concurrent with work performed
under this contract. The Contractor shall be responsible for contacting the various utility companies to
ascertain the times when such other work will occur and schedule his work in coordination with others such
that no delays shall occur in his work schedule or in others who are working in the area. Failure on the
Contractor's part to coordinate with others in overlapping work areas shall not be the basis for any claims
against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely
responsible for any claims made against the City by others as a result of the Contractor's lack of coordination.
This shall include businesses and homeowner's adjacent to the project area.
(m) Public Convenience - The Contractor shall so conduct his operations as to cause the least possible
obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets,
and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience
and delay as possible.
Convenience of abutting owners along the road shall be provided for as far as practicable. Convenient
access to driveways, houses, and buildings along the line of the work shall be maintained and temporary
approaches to crossing or intersecting highways shall be provided and kept in good condition.
Water shall be applied as directed the Engineer for the prevention of dust nuisance in connection with
public convenience. No additional payment will be made for applying water for the prevention of dust.
No work shall begin before 7:00 a.m. nor continue after 5:00 p.m. Monday through Friday, nor shall any
work be done on weekends or holidays observed by the City of South San Francisco unless approved in
advance by the Engineer.
Full compensation for all work involved in providing for public convenience as set forth in this article shall
be considered as included in the lump stun price and unit prices paid for the work and no additional allowance
will be made therefor.
(n) Public Safety - The Contractor shall furnish, erect, and maintain such fences, barriers, lights, signs
and watchmen as are necessary to give adequate warning to the public at all times that the work is under
construction and of any dangerous conditions to be encountered as a result thereof. At any and all points along
the work where the nature of construction operations in progress and the Contractor's equipment and machinery
in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and
station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic.
No material or equipment shall be stored where it will interfere with the free and safe passage of public
traffic. At the end of each days work and at other times when construction operations are suspended for any
reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open
for use by public traffic.
Full compensation for the work involved in carrying out the precautionary and safety measures above
specified shall be considered as included in the lump sum price and unit prices paid for the work and no
additional allowance will be made therefor.
(o) Preservation of Property - Roadside trees and shrubbery that are not to be removed, and pole lines,
fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above
ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to
GP-9
the work shall be protected from injury or damage. If such objects are injured or damaged by reason of the
Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as
when the Contractor entered upon the work, or as good as required by the specifications accompanying the
contract, if any such objects are a part of the work being performed under the contract.
The Contractor shall examine all bridges, culverts and other structures on or near the work, over which he
will move his materials and equipment, and before using them, he shall properly strengthen such structures,
where necessary. The Contractor will be held responsible for any and all injury or damage to such structures
caused by reason of his operations.
The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the
Contractor of his responsibility under this article. It shall be the Contractors' responsibility to ascertain the
existence of any underground improvements or facilities which may be subject to damage by reason of his
operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it
shall be done at the Contractor's expense.
Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved
in protecting property as above specifies, shall be considered as included in the prices paid for the various
contract items of work and no additional compensation will be made therefor.
(p) Responsibility for Damage - The City of South San Francisco, the City Council, or the Engineer shall
not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any
part thereof; or for any of the materials or other things used or employed in performing the work; or for injury
or damage to any person or persons, either workmen or the public; or for damage to adjoining property from
any cause whatsoever during the progress of the work or at any time before final acceptance.
The Contractor shall indemnify and save harmless the City of South San Francisco, the City Council, the
Engineer and his/her authorized representative/s, or other authorized agents of the City of South San Francisco
from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages
sustained or arising in the construction of the work or in consequence thereof. The City may retain so much of
the money due the Contractor as shall be considered necessary, until disposition has been made of such suits or
claims for damages as aforesaid. In the event securities have been substituted for any monies earned by the
Contractor and withheld by the City of South San Francisco to ensure the performance of the contract, the City
may condition the release of such securities upon the final disposition of such suits or claims for damages.
(q) Contractor's Responsibility for Work - Except as provided above, until the formal acceptance of the
work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or
damage to any part thereof by the action of the elements or from any other cause, whether arising from the
execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the work occasioned by any of the above caused before its completion
and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and
proximately caused by acts of the Federal Government or the public enemy.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as
above specified and he shall also be responsible for all materials delivered to the work including materials for
which he has received partial payment.
(r) Portion of the Work Which May be Placed in Service - If desired by the City of South San Francisco,
the work, as completed, may be placed in service. The Contractor shall give proper access to the work for this
purpose but such use and operations shall not constitute an acceptance of the work, and the Contractor shall
remain liable for defects due to faulty construction, material and/or workmanship.
GP-iO
(s) No Personal l ,lability - Neither the Engineer nor the City Council, nor any other officer or authorized
assistant or agent shall be personally responsible for any liability arising under the contract.
SECTION VIII
PROSECI ri'ION AND PROGRESS
(a) Subcontracting - No subcontractor will be recognized as such, and all persons engaged in the work or
construction will be considered as employees of the Contractor and he will be held responsible for their work,
which shall be subject to the provisions of the contract and specifications. The Contractor shall give his
personal attention to the fulfillment of the contract and shall keep the work under his control.
The Contractor shall be responsible for his own and subcontractors' compliance with Section 1777.5 of the
Labor Code regarding apprenticible occupations as in said section provided. Any Contractor willfully failing to
comply with this section shall be denied the right to bid on a public works contract for a period of six (6)
months from the date the determination is made.
Where a portion of the work, which has been subcontracted by the Contractor, has not been prosecuted in a
manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the
Engineer and shall not again be employed on the work.
(b) Assignment - The performance of the contract may not be assigned except upon the written consent
of the City. Consent will not be given to any proposed assignment, which would relieve the original Contractor
or his surety of their responsibilities under the contract, nor will the City consent to any assignment of a part of
the work under the contract.
(c) Progress of the Work and Time of Completion - The Contractor shall begin work upon receipt of the
NOTICE TO PROCEED. However, the Contractor shall begin work no earlier than the twenty first (21st) day
after the commencement of the advertisement of the call for bids.
(d) Character of Workmen - If any subcontractor or person employed by the Contractor shall fail or
refuse to carry out the direction of the Engineer or shall appear to the Engineer to be incompetent or to act in a
disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such
person shall not again be employed on the work.
(e) Temporary Suspension of Work - The Engineer shall have the authority to suspend the work wholly
or in part, for such period as he may seem necessary, due to unsuitable weather, or to such other conditions as
are considered unfavorable prosecution of the work, or for such time as he may seem necessary due to the
failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The
Contractor shall immediately comply with the written order of the Engineer to suspend work wholly or in part.
The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in
writing by the Engineer.
(f) Time of Completion and l,iquidated Damages - The Contractor shall complete the work called for
under the contract in all parts and requirements within the number of calendar days specified in the special
provisions.
A calendar day is hereby defined as any day; including Saturdays, Sundays and legal holidays and days on
which the Contractor is not prevented by inclement weather or conditions resulting immediately therefrom
adverse to the current controlling operation or operations, as determined by the Engineer; from proceeding with
GP-11
at least sixty percent of the normal labor and equipment force engaged on such operation or operations for at
least five (5) hours toward completion of such operation or operations.
Legal Holidays are defined as those holidays observed by the City of South San Francisco as specified in
the current Memorandum of Understanding (MOU) between the City of South San Francisco and the American
Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, except that half holidays in the
MOU shall be considered full holidays under the contract.
It is agreed by the parties of the contract that in case all the work called for under the contract is not
completed before or upon the expiration of the time limit as set forth in these specifications, damage will be
sustained by the City, and that it is and will be impracticable to determine the actual damage which the City
will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City the sum per day specified in the Special Provisions for each and every day's delay beyond the time
prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or
that may become due the Contractor under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all
parts and requirements within the time specified, the City shall have the right to extend the time for completion
or not, as may seem best to serve the interest of the City; and if the City decided to extend the time for
completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns, or
sureties, and to deduct from the final payment for the work, all or any part as it may seem proper, of the actual
cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to
the contract and which accrue during the period of such extension, except that the cost of final surveys and
preparation of final estimate shall not be included in such charges.
The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and inspection
during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City,
fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or
delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the
beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts
and the extent of delay, and his finding of facts thereon shall be final and conclusive.
If the Contractor is delayed by any act of the Engineer or of the City, not contemplated by the contract, the
time of completion shall be extended proportionately and the Contractor shall be relieved during the period of
such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. The
Contractor shall have no claim for any other compensation for any such delay.
(g) Suspension of Contract - If at any time in the opinion of the Engineer, the Contractor has failed to
supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute
the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof
in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory
compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City in
any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such
suspension, the Contractor shall discontinue said work, or such parts of it as the Engineer may designate. Upon
such suspension, the Contractor's control shall terminate and thereupon the City or its duly authorized
representative may take possession of all or any part of the Contractor's materials, tools, equipment, and
appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force
and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials
and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the
completion thereof, or may employ other parties to carry the contract to completion, employ the necessary
GP-12
workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as
the Engineer may seem proper; or the City may annul and cancel the contract and delete the work or any part
thereof.
Any excess of cost arising therefrom over and above the contract price will be charged against the
Contractor and his sureties who will be liable therefor. In the event of such suspension, all money due the
Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not
release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his
sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the
contract price, arising from the suspension of the operations of the contract and the completion of the work by
the City as above provided, and the Contractor will be so credited with any surplus remaining after all just
claims for such completion have been paid.
In the determination of the question whether there has been any such noncompliance with the contract as to
warrant the suspension or annulment thereof, the decision of the Engineer shall be binding on all parties to the
contract.
(h) Communications
(1) All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing.
(2) Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office
of the Contractor stated on the signature page of the Proposal (or at such other office as the Contractor may
from time to time designate in writing to the City), or if deposited in the United States mall in a sealed
envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case
addressed to such office.
(3) All correspondence to the City, related to this contract, including request for payment, shall be
addressed to the Engineer, City of South San Francisco, P.O. Box 711, South San Francisco, California
94083, and any notice to or demand upon the City shall be sufficiently given if so delivered or if deposited
in the United States mail in a sealed envelope, or to other such representatives of the City to such other
address as the Agency may subsequently specify in writing to the Contractor for such purpose.
(4) Any such notice shall be deemed to have been given as of the time of actual delivery of (in the
case of mailing) when the same should have been received per receipt, or in the case of telegrams, at the
time of actual receipt, as the case may be.
SECTION 1X
MF, ASIIREMF, NT AND PAYMENT
(a) Measurement of Quantities - Refer to Specification Section 01201 - Quantities of material wasted or
disposed of in manner not called for under the contract; or rejected loads of material, including by reason of the
failure of the Contractor to conform to the provisions of the contract; or material not unloaded from the
transporting vehicle; or material placed outside of the lines indicated on the plans or given by the Engineer; or
material remaining on hand after completion of the work; will not be paid for and such quantities will be
deducted from the final total measured quantities. No compensation will be allowed for hauling rejected
material or for re-handling material stockpiles at the option of the Contractor.
(b) Scope of Payment - The Contractor shall accept the compensation, as herein provided, in full
payment for furnishing all materials, labor, tools, and equipment necessary for the completion of the contract;
GP-13
also for loss or damage arising from the nature of the work, or from the action of the elements, except as
hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of
the work until the final acceptance by the City and for all risks of every description connected with the
prosecution of the work, also for all expenses incurred in the consequence of the suspension or discontinuance
of the work as herein specified; and for completing the work according to the plans and specifications. Neither
the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to
make good any defective work or material.
(c) Partial Payments - Partial payments shall be made in accordance with Section 19, "Payments to
Contractor" of the AGREEMENT FOR PUBLIC IMPROVEMENTS.
The City once in each month shall cause an estimate in writing to be made by the Engineer of the total
amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and
not used, to the time of such estimate, and the value thereof. The City shall retain ten percent (10%) of such
estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have
been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the
Contractor and shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as
aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the
provisions of the contract. No such estimate or payment shall be required to be made when, in the judgement
of the Engineer, the work is not processing in accordance with the provisions of the contract, or when in his
judgement the total value of the work done since the last estimate amounts to less than three hundred dollars
($300). No such estimate or payment shall be construed to be an acceptance of any defective work or improper
materials.
For any monies earned by the Contractor and withheld by the City to ensure the performance of the
contract, the Contractor may, at his request and expense, substitute securities equivalent to the amount withheld
in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590),
Division 5, Title 1 of the Government Code of the State of California.
(d) Acceptance of the Work - When the final inspection is completed and it has been determined that the
work is done in accordance with the plans and specifications, the Engineer will accept the work and 90% of the
payment based on the final quantities will be paid to the contractor, the balance will be paid 30 days after the
Notice of Completion has been filed with the County and upon furnishing of the one year guaranty bond to the
City as required under Section 30 of the AGREEMENT FOR PUBLIC IMPROVEMENTS.
(e) Final Payment - Within thirty (30) days after the completion of the work and its acceptance by the
City, the Engineer will make a proposed final estimate in writing of the quantities of work done under the
contract and the value of such work and will submit such estimate to the Contractor. Within thirty (30) days
thereafter the Contractor shall submit to the Engineer his written approval of said proposed final quantities or a
written statement of all claims which he has for additional compensation claimed to be due under the contract.
On the Contractor's approval or if he files no claims within said period of thirty (30) days, the Engineer will
issue a final written estimate as submitted to the Contractor and the City shall pay the entire sum so found to be
due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be due after
deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the
provisions of the contract.
If the Contractor within said period of thirty (30) days files claims, the Engineer will issue as a semi-final
estimate the proposed estimate submitted to the Contractor and the City will within thirty (30) days pay the sum
found due thereon after deducting all prior payments and all amounts to be kept and retained under the
provisions of the contract.
GP-14
The Engineer shall then consider and investigate the Contractor's claims and shall make such revision in the
said estimate as he may find to be due, and shall then make and issue his final written estimate. The City will
pay the amount so found due, after deducting all previous payments and amounts to be retained under the
contract.
All prior partial estimate and payments shall be subject to correction in the final estimate and payment.
The final estimate shall be conclusive and binding against both parties to the contract on all questions
relating to the performance of the contract and the amount of work done thereunder and compensation therefor,
except in the case of gross error.
Payment on the semi-final estimate will be due within thirty (30) days from the date the same is issued by
the Engineer. Payment on the final estimate is due within thirty (30) days from the date the same is issued.
(f) Travel and Subsistence Payment - Travel and subsistence payments shall be made to each workman
needed to execute the work, as such travel and subsistence payments are defined in the applicable collective
bargaining agreement filed in accordance with Section 1773.8.
SECTION X
EXTRA WORK AND Al ,TERED QI JANTITIES
(a) Extra Work - New and unforeseen items of work will be classed as extra work when they cannot be
covered by any of the various items for which there is a bid price or by combinations of such items.
The Contractor shall do such extra work and furnish such materials and equipment therefor, as may be
required in writing by the Engineer, but he shall not do extra work except upon written order from the
Engineer, and in the absence of such written order he shall not be entitled to payment for such extra work. All
bills for extra work done shall be filed in writing with the Engineer. For such extra work the Contractor shall
receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he
shall be paid on force account, as provided in Section X, Article (b), of these Specifications.
All extra work shall be adjusted daily upon report sheets furnished to the Engineer by the Contractor and
signed by both parties which daily reports shall thereafter be considered the true record of extra work done.
(b) Force Account Work - Where payment is to be made on a force account basis, the Contractor shall
receive the actual cost of all material, labor and rented equipment furnished by him as shown by his paid
vouchers, plus fifteen percent (15%); provided, however, that the City reserves the right to furnish such
materials required as it seems expedient, and the Contractor shall have no claim for profit on the cost of such
materials.
For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality,
which shall have been previously determined and agreed upon in writing by the Contractor, plus fifteen percent
(15%).
When work is performed by force account, in addition to the actual cost of labor, the City will reimburse
the Contractor for compensation insurance payments; contributions made to the State as required by the pro-
visions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the
Federal Government as required by the Social Securities Act approved August 14, 1935, as amended. The
payment of fifteen percent (15%) in addition to the actual cost of all material, labor, and rented equipment, as
GP-15
herein provided, shall include full allowance to the Contractor for overhead and profit on the force account
work and full compensation to the Contractor for premiums paid on any other insurance of any nature which
the Contractor may be required to carry or which he may elect to carry; and for additional premiums paid on
faithful performance and payment bonds required by reason of the increases in the amount of work to be
performed over and above that called for in the original contract.
All force account work shall be adjusted daily upon report sheets, furnished to the Engineer by the
Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force
account work done.
If force account work is done on the contract the Contractor shall fumish to the Engineer three (3) copies of
a certificate from the insurance company showing the compensation insurance rates to be charged on the
various classes of work to assist in verification of the Contractor's charges for extra work and force account.
(c) Alterations ~ The City reserves the right to increase or decrease the quantity of any item or portion of
the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer, also to
make such alterations or deviations, additions to, or omissions from the plans and Specifications, as may be
determined during the progress of the work to be necessary and advisable for the property completion thereof.
Upon written order of the Engineer, the Contractor shall proceed with the work as increased, decreased or
altered.
When alterations in plans or quantities of work are ordered and performed the Contractor shall accept
payment in full at the contract unit price for the actual quantities of work done. No allowance will be made in
any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be
paid for as stipulated in such agreements.
SECTION XI
FAIR EMPI ,OYMENT PROVISIONS
The Contractor will not willfully discriminate against any employee or applicant for employment because
of race, color, religion, ancestry or national origin. The Contractor will take affmnative action to insure that
applicants are employed, and that employees are treated during employment, without regard to their race, color,
religion, ancestry or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination:
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the awarding authority setting forth the provisions of this fair employment practices section.
SECTION Xll
EMPI,OYME, NT OF APPRENTICF. S
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the
Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, required the Contractor or subcontractor employing tradesmen in any
apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works
project and which administers the apprenticeship program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the
contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except:
GP-16
(a) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an
average of fifteen percent (15 %) in the ninety (90) days prior to the request for certificate, or
(b) When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or
(c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally, or
(d) When the Contractor provided evidence that he employs registered apprentices on all of his contracts
on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration of
apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other Contractors on the public works site are making such contributions.
The Contractor and any subcontractor under him shall comply with the requirements of Sections 1777.5
and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained
from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices.
GP-17