2010-09-07 4-G ContractT111S AGREEMENTI, entered into thi's 7th da of September 2010, b and bet
CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as "C.it and .WEBER
TRACTOR -SERVICE, a sole proprietor, whose address 'is 867 2 d Avenue.) Re dwood. City",
CA 94063, (hereinafter called the "Contractor" in reference to the followin
A. Cit is a municipal corporation dul or and validl existin under the laws
of the State of California with the power to carr on its business as it is now. bein conducted
under the statutes of the State of California and the Charter of the Cit
B. Cit and Contractor desire to enter into an a for the Repair of Port land
Cement Concrete Sidewalk, Curb, Gutter, Drivewa and Minor Street Patch-in 1
Fiscal. Year
9.
2010/2011 Phase I I. in accordance with Specifications, Special Provisions.. and Plans entitled
"Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, Drivcwa Minor Street
Patchin Fiscal Year 201.0/201. 1, Phase I I", adopted therefor, No. P. W. 06-10-14, fil in. the
office of the Cit Clerk on Jul 20, 2010.
NOW, THEREFORE 5 it is mutuall a b and between the undersi parties.as
follows:
1. TERM:
The Contractor shall be work within five (5) workin da after receivin notice from
the En to commence the work, and shall dili prosecute the work to completion
before the expiration of 1,50 consecutive workin da from the date of rece ipt of notice t be
work.
This contract ma be mutuall amended on a y ear-b y y ear basis, f up tofour.
additional y ears, based on satisfactor performance of all aspects of this co-,n tract. The Public
Works Director ma submit written notice that the contract is to be extended at the same terms
and costs as the existin contract, except as provided herein.
The unit prices for an contract amendment to this a shall. be.ad uteri b the
Construction Cost Index for the San Francisco Ba Area reported in the I
En N ews
Record for the trades associated. with the work from the date of the ori bid
openin to the
estimated date of the proposed amendment
26 SERVICES TO BE PERFOR MEDI
Contractor a at its o w n cost and ex to fumish all labor, tools, e q uipment,
materials, except as otherwise speed
and to do all work strictl in accordance with
Specifications, Special Provisions and teas, which Specifications, Special Pr and Plans
are hereb referred to and expressl made a part hereof with the same force and effect as if the
same were full incorporated herein.
Repair of Portland Cement Concrete Sidewalk, No. RN. 06-10-14
Curb,, Gutter, Drivewa Minor Street Patchin
Phase I I Fiscal. Year 2010-2011
Contractor shall perform each re task set forth in the Bidder" .s Prop detailed. in
Exhibit "A",, as directed b the Cit which is attached hereto and incorporated her y this
reference. The Contractor acknowled that the work plan included in Exhibit "A" is tentative
and does not commit the Cit to perform all task included therein.
3. COMPENSATION TO CONTRACTOR.-
Contractor shall be compensated for services p pursuant: to this A in
the amount and manner set forth in Contractor's bid, which is attached heret6 as E "A" a
incorporated herein b this reference. Pa will be: made in the .same manner. that claims .of a
like character are paid b the Cit with checks drawn on the treasur of said.Cit to.be taken
from CIP 82-02.
Pa will be made b the Cit in the followin manner: On the first da of e
month,, Contractor shall submit a written estimate of the total amount of work done t he previous
month. However, the Cit reserves the ri to adjust bud within and between tasks, Pricin
and accountin of char are to be accordin to the bid P a c ket p unless mutuall a
to in writin
Pa shall be made for 90% of the value of t work completed as det b the
Cit The Cit shall retain 1 0% of the value of the. work. .as. parti securit for the cpm letion Of
P
the work b Contractor. Retained amounts shall be. paid to Contractor within sixt da of
acceptance b the Cit of the pro Pa shall not .be. construed. .as acceptance bf defective
work. No interest Will be paid to Contractor on retained funds.
Total compensation under this contract shall not exceed $337,472, which inc ludes a 25%
contin ($67,495). Use of contin be for items of work outside th ri scope
and re prior written authorization b t h e Cit
PromptP Of Withheld Funds To Subcontractors: The Cit sh hold r
from the prime contractor -sh make pro a re incrementaV ac.c.e p! t
portions, as det b the .a of the c w ork and. re tai n :..the r ime
contractor based or these. acce-otan ces. The prirme contractor. or subcontractor shall return -all
monies withheld .in retention fro. all .subcontract w thin 1 0. day saft e r r p for
work satisfactoril completed and accepted 'includin incremental aco�pt f. 6r:of the
ppe s o p ontract work b the a An d.cla or postponementpf pa ma e..Vlace. on Tor
g ood cause and wi the a prior written approval... An vi o the se pr ns .:.sh
subject the violatin pri contractor to the I ons :and :6thei re �rw -9 0 p a: ties,, sancti mediesspecinect. in
Section 71.08.5 of the Califomia Business Professions Code. This re shall not be
construed to limit or impair an contractual adriiini4r tiv d* remnd e orwi se
e or: j u. ict.als the
i
av ailable to the P rime contractor or subcontracto r in the event of a dispute in I 'n late
V0 Xq 9
pa or nonpa b the contractor, or deficient subcontracto?s peiformance. or
noncompl iance b a -subcontractor. This clause applies to both. DBE :.and non-DBE
subcontractors.
Repair of Portland Cement Concrete Sidewalk, 2 No. PV 064044
Curl, Gutter,, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
4. TIME IS OF THE ESSENCE-..
Contractor and Cit a that time is of the essence re the.. of this
A
It is a by the parties to the A that In case all the work called for. under the
A is not completed before or upon the expiration of the time limit .:as set forth in
para I above, dama will be sustained b the Cit and that it is and will b imprac
to determine the actual dama which the Cit will sustain in the event of and 'b reason. Of such
dela It is therefore a that the Contractor will p t the the: .m. ive
a 0 of F un H
dred
Dollars ($500) perda for each and ever da be the time prescribed t c ompletelhe
work and the Contractor a to pa such li dama provided and in case
the same are not paid, a that the Cit ma d the. amo thereof fro an mon due
or that ma become due the Contractor u the A
It is further a that in case .the work. called :for. under the A is n finished
and completed 4n all parts and re within the. time.. specified the.Cif. shill l have. the
ri to extend the time for completion or no as ma seem best to serve the e
hite A th. :�Ci ..rp....o... ..t y;
and if it decides to extend the tim limit for.the comp letionof A ent it shall �:fur
g reem.
have ri to c harge the Contractor, his or her heirs assi suretioes, and.. 0 &c from
the final pa for the work, all or an part, as. it. m y deem pr pper., t costs and
overhead exp w hich are directl char tothe A which accrue during the
period of such extensions.
The Contractor shall not be. assessed with li dama :durin an dela the
e
completion of the work caused b an ��lic enem acts act. o f G or. o f the ..of th City. re
..P
flood epidemic, qua restriction strikes fil ���:r g oes .and:unusuall severe:weather re.i
wirh or dela of subcontractors due.to, such.causes prov ided.:that.the:.Contractor. shal.1 one: 1
da from the be of such dela notif Cit in. wnot.ii e causes of del q-t
g of. ti The
shal ascertain.the. facts and the e xt e nt ofthe. dela and its findi of the. f t hereon .shall', be
final and conclusive.
50 STANDARD OY CARE
Contr a all. s he ina man commensurate:with the
prevailin standards of like professionds M the Sari Francisco B
Area and a that all
services shall be performed b q uali.fied and experienced person el mh are not M the
Cit nor have an contractual relationship with. Cit
6. PE ENT PARTIES:
Cit and Contractor intend: that the relationship. between1hem created b�r. this. Aue6ment
r e manne..
is that of emplo con T �T and means f.conductin the Work are
under the control of Contractor,, except to the extent the are. limited b u1c or re
ation
and the express terms of this A No civil service status or Ether ri g ht. of.empl
o
will be ac b virtue of Contractor's services. None :of the benefits rO d d b Cit to its
emplo includin n ot lim. ited.:t :une ins work .compensation plans,
vacation and sick leave are availablefrom. Cit to Contractor,, its .emploge or agents.-
Repair of Portland Cement Concrete Sidewalk, 3 No. P.W. 06-10-14
Curb., Gutter,,, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
Deductions shall not be made for any state or federal taxes,. FICA. payments, PERS
payments, or other purposes normally associated .with an employer employee relationship from..
any fees due Contractor. Payments of the above items, f required, are the responsibility of
C ontractor r.
7. IMMIGRATION REFORM AND CONTROL AC T (IRCAJ
Contractor. assumes any and a .respons bi it for e6� n the ident and employment.
-1 4 authoraton o o its em pr og wor he
peat to a�A
or other federal, :or state rules and. regul t ens. Contractor. shall. indemnify.:. and hold City.
harmless from and against any loss, damage, liability, costs or expenses arising fom any
noncompliance of this provision by Contractor.
8 NON
Consistent tb t 's po o that hara a d at on are �.nacceptab
employer/emplo conduct, C ontractor: agrees that harassment .off dis nmm ti n d4ire.cted
toward a j ob applicant, a City imp ovee, or a cit. z 'by. �ntractor or contra o eiiiplpye e
the basis of race re Creed ors m origin, a s h hdndica disability. marital
status, pregnancy, sex, a i, or seal orientatwn. will.: not be Brat d. Contractor ag rees that
any and all violations of this provision shall c.onstitute..a at r. .a breach. O this gmement.
Contractor Pert lies and agrees that t mill not discriminate aga and employee or
applicant for employment ?because of race color, religion, stational ori g t hex.; age, or
condition or physical or m eta: handica f as defined in. 4 l C.Q.R.: Section -74
L et. �e.a j;
accordance with requirement of state or fed eral law. Contractor Aall take affi rmative Z t on to
ensure that q ua lified applica are empl oyed and that e p afire treated durin employ
meat
with out r and td dl r rell nati a ors ����s r ic
g dito p�sal
or mental handicap n a c rdanc with requirements of seas federal. law. Suth includib
but not be limited t' the. following:
A employment upgrading d mot on t ans fier, recruitment or recruitment
advertising, layoff o termination., rEites of pay or :other forms of Compensdtio -n.
B. Selection for training including interns and apprentices.
Contractor agrees to. post in conspicuous places is each of Contractor's facilities
providing .services .h r u-nde. a a lc. and.. to employce.s .and .app cats for cep dyment,
notices setting forth the provisions Ofthis p d scr m r n a s
Contractor shall; n all solicitations or ad ertlsem��ts far �tt�plo ees p�a��d or on.
beh alf of o ractor, stateltiat all.. qua app Ca is w ,receive o s ratio o X001
without regard. race, color, religion, national: on n an se fig con 0 o ph�s��a
or mental handicap, in accordance with r q irements df t.A end t d ral law..
Contractor shall send to each labor union or re presentat Of workers with which t has a
collective bargaining agreement :or other contract r understanding notice ad s r the la bor
union or workers' representative of Contractor's. commitments un this paragapb
Repair of Portland Cement Concrete sidewalk, 4 N RW. 06 -I4
Curb, Gutter, Driveway Miner Street Patching,
Phase 1 i Fiscal Year 2010-2011
Contractor certifies and a that it will deal with its subcontractors,, bidders, or
a Pr condition of
vendors without re to race, color, reli national ori ancestry,, sex
ph or mental handicap, in accordance w ith re of state and. fed law..
In accordance with applicable state and federal law, Contract shall allow.. d
authorized count state and federalre pre atives. a ccess to. its:em-plo records. durin
sent
re business hours in order to verif c liance with .the anti-discriminati p o n p of
this para Contractor shall pr such other i '.a a s such
representatives ma re in order to. veff compliance with the anti-discri ati -p ov'
n on r
j.s.ons
of this para
If the Cit finds that an of the provision of this para have. been violated, the. same
shall constitute a ma breach of A which may ..d6termine t o or suspend this.A Cit reserves -the ri t to �det I de
terminate, e r. m i n e ..mi epe ntl that
the anti-discrimination provisions of this A have been: violdte
d In on a
determination b the California. Fair Emplo Practices Commission or the Fed ra aqua V
Emplo Opportu that Contractor h as. viol State and fed e.r.al anti-
discrimination laws shall constitute a findin b Cit that Contractor has violat d:..the anti-
discrimination provisions of A
The p a t in the..event Contractor. violate.s..any o f. t he anti -d Scr m nat on
provisions of this paragraph, Cit shall be.entitted at its. option, to the sum of $5 p r u nt
to California Civil Code Section 1671'as li dama in lieu. of. cancelin tor
suspendin this A
Contractor. hereb a that it. c ompl y with section 5.04 .f. th ..R--�h,4bili tat io.n:Act of
1973, as amended 29 U.SOC& Section 7.94 all re imposed b the: a pp c li ab re g ulations (45: C.F.R.), and all.. g uid6linesand interpretations issued th h
pursuant: eretO to: end
that no q ualified handicapped person :.shdll, on the.. bdsis.. of handicap b xcluded..... ftom
participation in, be d ied. the ben o f, or ot her w ise be:subi ected. �td discrimindtion..:.under �any
vi
pro or activit of C o n tract ourecein Federal. Financial Assi-Aanc.e. I n itio
�ddnl. .:Co�t. r
shall compl with. -the Unifor Federal Ac.ces b ty Standards, and Contractor, En or
Architect responsible for an desi construction or diterdtion. shall 6d iance:with
those Standards.
Contractor's attention is directed to. laws,includin but not limited to
A. CI O
1) .Civil .:Ri Act of 19640 U nder Titl V11 of the C ivil Ri Act of 1964.. no
person shall, on the gro .of race,, sex, reli for or n4tiondt ori be: exclude&fir6itii
participation in, be denied the benefits of, .Or I)e. subjected to disenmin under an pro
or activit receivin Federal financialassista ce.
Repair of Portland Cement Concrete Sidewalk, 5 No.. P.W. 06-10-14
Curb.,. Gutter, Drivewa Minor Street Patchin
Phase 11 1
F J seat Year 2010- 0 1
(2) Section 109 of the Housin and Commun Develomeat Apt of 1974. No
person in the United States shall, on the g rounds of race,, color, national: ori or .s e x,
excluded from participation in, be denied the benefits of, or be subjected .to discn*mination under
an pro or activit funded in whole or in. part with funds made available under this title.
Section 109 of the Act further provides. that. an pr it on again t dis.crimination. the
basis of a undertie A Discrimination Act of 1975 (42 U.S.C..6101. e �o.r -with -respect
to an otherwise q ualified h individual a s provided in Section.50 th Rehabilitation
Act of 1973 (29 U.S.C. 79.0 shall a lso appl toan pro o act funded n. wh or in
part with funds made available pursuant to the Act.
.B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITHPISABILITIES
This A is subj to .1 aws and re c on ce rnin g th ri of
otherwise q ualified individuals with handicaps for: e participation in an benefit. ftom
federall assisted pro and activities, includin but no li'mited.to:
(1) Americans with Disabilities Act: Of 1990 (ADA) (28 C.F.R. 3 5 Title ll,
apples s acti
Subpart A of the Americans kith .Disabilities -Act of 1990:. 10 to All.: 1. J funded acti itie
and pro Con %.shat I also compl with.. the public accqmm tiofis re o f
Title III of the ADA, as applicable.
(2).Nondiscri min tion on the basis of. Handy p.124 C These.: re
which implement Section.504. of the: Rehabilitati Act. of 1973, as:amended,:.and as. .cited in
Section 109 of the 'Housin and. Communit Development. Act., app to..all fe r l assisted
activities and p and are implemented.through the re 24 C .F.Q.
.8.
(3) Architectural: Barrier Act of 196& An buildin or. f4cilit excludin
privatel owned residen ialstructures desi d -u to altered With finds g pe con or..
compl with the Uniform 'de deral Accessibili4�� St andards,,:- 1984.:
(4.1 C.F.*R*: 3) ,4iid..t11e Handicapped Accessibilit R rement. f u o ee i s th S tate of California. Title. 24. The.. Consultant,
En or Architect responsible for such desi g n :const.ruction :or wtera ion shall Cer
At.
compliance with the above standards.
(4) In r so n an conflict. between thi&: accessibilit
standards cited in
para (1), (2) and (3 ):.above, the more strin stn shall apply..
9. HOLD HAJOILESS:
Contractor shall.: indemnif defend, and h harm less Ci ...it spi Council
boards commissions officials and emplo "Ind t es" from.and a t
a ass
g ains �an and
dama liabilit suits, costs. and.expenses. �hatsd er; includin reasonable: attorneys'
fees ("Claims") arisin from or in. any manner. connected ..to C !S: ne I act or
or d l r e in p�rf nce omission, whether alle .:�Olf services-or work conducted or
performed pursuant to this A If Claims are filed a Ind6mni tee s.: which 11.
a eg e
ne on behalf of the-Contractor, Contractor: shall hi e too fi ght of.reimbursemeni.against
Indernnitees fo.r the costs of defense.even if mt.fo .rid .on -th part of Contractor.
However,, Contractor. shall .not 'be obli to ffidemnif Indemnitees from. Claims. arisin from
the sole or active ne or willful misconduct. of I
Repair of Portland Cement Concrete Sidewalk, 6 Nod P.W. 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
Q. INSURANCE.
On or before the co of the terms of this A Con sh all fur
Cit with certificates showin t amount., class of operations covered, effective dates and
dates of expiration of insurance covera in compliance.with para I 0A1 B, C and D. Such
certificates'. which do not. 1. imit Contractor's -indemnification., shal I al so contain s0stdiltiall the
followin statement.- "Should an of the above insu rance covered b this certificate be canceled
or covera reduced before the expiration date thereof, the insurer.. affordin covera shall.
provide thirt (30) da y s..advance written notice to the C of Alame.d h
"Attention: Risk Mana It.is. a g reed that Contracto shall maintain. Jn: force at. all times
durin the performance .of thi s .A g reement all appropriate covera of in s ur.ance.r.e q ui red :b phi s
A with an insurance compan that is acetab€ le .to Cit and li.censed.'t insurance
business in the State of C a lifornia. E namin t he Cit a additional i n sured sh be.
submitted with the insurance certificates.
A. COVFRAGE:
Contractor sha ma intain. t followin insurance cov
0 IN
Workers' Compensation:
St a tu.t o r y cov as. re q uired b th e .St a te.of C
2
Laity:
Comme g eneral liabilit coverage in th followin limits
Bodil In 1.,0O oo each. occurren
$2,,000,,000.a all othe
Propert Dama $1 1,000,0.00 each. occurrence
$2,000:,000,.a g re at
9
If submitted, combin sin limit polic with a limits in the
amounts of $2 000 000 will be considered e to the re min i li it sh
mum mi s own
above.
Automotive.
Cornprebensi automobile.. liabilit c overa g e in the. folloW minlo
limits:
Bodil injur $1,000,0.00 each occurrence.
Propert Dama $1,000,000. each occurrence
or
Combined Sin Limit: $2,0W.1000 each occurrence
(4 Pollution :Prevention
Le ability re for h mat .exca- at n n the amount
of 2,0001,000 each occurrence.
Repair of Portland Cement Concrete Sidewalk, 7 No. P.W. 06-10-14
Curb,,- Gutter,, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-2011
B. SUBROGATION
Contractor agrees that in the. event of loss due to .any of the Perils for which it.has a gree d
to provide eor�prebens e general and autorn t ab ty. i nsurance, Contrac sha l ook
solely to its insurance for recovery. Contractor hereby grants .to on behalf of any in surer
providing comprehensive general and automotive li ability insurance to either Contractor or City
with respect to the services of C ontractor herein, a wive of any fight to stibr6gat on :which any.
such insurer of said Contractor. may acquire a gams t .City by. vie of _ffie aym nt o� a� oss
under such insurance.
C. FAILURIE TO SECURE:
If Contractor at any ime during the ter hereof should. fail t o secure or ma ntain he
foregoing nsurance .,.City shall be permitted .to 'tan sine insurance n thb ontraetor's name
as an agent of tie .Ontraetor and shall .be compensate by the Cont ractor f6r the casts of the.
insurance premiums at. the maximum rate pitted by. lam .and computed from tie date. written.
notice i received that the prem i am s have not .been paid.
D. ADDITIONAL INSURED:
City its City Council .board and comet s ons, o fcers., and employees shall be name.
as an additional. insured E der all insurance coverages' except w f er's compensation i nsurance.
The e n am i n g of an additional insured spa l not affect an r�� firer to which €��h A dd t i opal
insured Would be emitted under this policy if not named as..:: such additional: inured. n
additional insured named herein shall dot be held: l iabl e for any pre um. deductible. Et on of
any loss, or expense o any nature on this lic �r and e t n t� r �f; an ther nsurance
held by an additional insured. sh.411. not be required to cohtr bate anything t word any loss or
expense covered by the *nsur.: -nee :provided. by to s pol
E. SUFFICIENCY OF INSURANCE.
Contractor. shall furs the N ow ng binds fr m a bond company ae e tdb e to the
Cit A ttorney d ardtra r aired for
y y
work over 25 000. Therefore; .those e §t mates that are under $25.;00o. Will not need to budg 00. for the brdpre aid to etrm ater0ed t b sure to bdt� the
bond premium. S.
The nsurance its re .red by City. are not represented as b to. Protect
Contractor. Con.traetor s advised t consult Contractor °s insurance broker to. d adequate
coverage for Contractor_
I L BONDS;
Contractor shall. furn-ish the fol bonds rom a binding compan acc.e tab e to th
City Attorney
R Faithful Peif r a e
A. bond n the amount .of 1 of tb.e .total e ntraet pace guaranteeing the. faithfu
performance of this contract,, a
B. Labor and M ater i a l s
A bond for labo aid materials i n the amount of :1.00% of th e total co ntract price.
Repair of Portland Cement Concrete s idewalk, 8 No. P,W, 06-10-14
Curb, Gutter, Driveway Minor street Patching,
Phase 1 L, Fiscal Year 201 0--20
12. PROHIBITION AGAINST TRANSFERS.-
Contractor shall not assi sublease, h or transfer this A g reement or an
interest therein, directl or indirectl b operation of Jaw. or otherwise without prior written.
consent of Cit An attempt to do so without said consent shall be null and. void.. and an
assi sublessee, h or transferee. shall acq uire no ri or.i.nterest.b r such
attempted assi h or. transfer. However, claims for. mone b Contractor
from Cit under this A ma be assi to a. bank, trust compan or:.6ther fifiancial
instit witho.ut prior written consent. Written notice o f such assi shall be fl
promp
furnished to Cit b Contractor.
The sale, assi transfer or other disposition of an of the issued and out-standin
ca pita l stock of Contractor or of the i of any g eneral partner or joint ven er or sy ndicate
member or cotenant, if Contractor is a. partnership or j oi n t. venture. or sy .:or cotenanc
which shall result in cha the cont .of .Contr shall be. cons :.�as an assi .of
this A Control means fift percent 5 0% or m of th V6.fin p e.r of the
corporation.
13. SUBCONTRACTOR APPROVAL:.
�fro .`Cit obtained,, onl those.. peopl. :and
Unless prior writt consent m. subcontractors
whose names are liste in C ontr a ct o r':s bid sh be. u the performance f thi A
Re f ad sub contracti ng sh be. sub -i.n wr :de.sc.f.i the s cope
of work to be subcont and t he name. of the. proposed .s SuO re shal s
in. preparin estimated costs :ffirthe ub forth the total price or ho rat.es used ...s. c es
services. Approval of the. subcontractor ma at t he option off Ci be issued. in. th f6 o f a
Work Order.
In the event that Contractor emplo subcontractors such subcontractors. ..:shall be
re to furnish proof of w ork e rs': compensation ins and shall. A so. be.: re t carr
insuranc in reasoriab e con
g eneral. and automobile liabilit i. 1. foitnit to th c d b
y
an or s erv i ces er s e ect to each
Contractor. In addition, w6ik bcontracted hereund hall b Su
provision of this A
1.4. PE AND LICENSES:
Contractor, at its. sole expense,., shall obtain and maintain durin the t6irfi of. this
ce i�cl�. a.
A all appropriate �pen-nits,. rtificates and licenses,, din C .B.usi.ness License,,
that ma be re in connection with the perfor.m ce .of s -hereunder..
15. REPORTS:
Each and.ever report,, draft, work prod map, record and oth doc
prepared or caused to b.Q. prepared b C pursua nt to or in. connection with ..%this
A shall be the exclusive prop Of Cit
Repair of Portland Cement Concrete Sidewalk., 9 No, P.W. 06710-14
Curb,, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
No report, inf I ormation nor other data g iven to or prepared or assembled b Co
pursuant to this A shall be made available to an individual- or b
Contractor without prior approval b Cit
Contractor shalt, at such time and in such fon'n as Cit ma re furnish reports .concernin
the status of services re under this A
16. RECORDS:
Contractor shall r aintain complete and a records with resp t o. sal costs,
expenses, receipts and oth such information re b Cit thdt r elate.to t he. p of
services under this A
Contractor shah .maintain ade records of.s provided in.sufficient d t o
pen-nit an evaluation of se All such:. record shall. be. m ai n t a ined �..in acco ���th
g enerall y accepted acc in prin ciples and. shall. be clearl identified and readil accessible
g
Contractor shall provide. f access j o. such... books. anal records. to t he. r of C it y or
its desi at all proper times, and it the ri to -examine d dit d t Made
g ives C an au �sa e, an o
transcripts therefrom as necessar and to allow inspection of. all. w6rk, dal documents
proceedin and activities related to this A S uch. rec to w ith sip tt .ng
documents, shall be kept separate from other documents and records and shall be maintained. for
a period of three (3) y ears after receipt of final pa
If supplemental examination. or a of lherecords.. is ne due to concerns.. r
b Cit preliminar examination or audit .of records, and the. Cit supplemental examination
or audit of the records discloses a -failure toadhere to appropriate internal fi nancial controls. or
of contract or f ure to act in g ood faith then Contractor reim
other breach ail. shall burse: City f or
all reasonable costs and e associ .with t he. supplemental.ex m %inatio n or audit..
17. NOTICES:
All notices'. :demands",, re or approvals to be g iven under this be
g reement sha
g iven in writing and conclusivel sha.11 be -deemed se d .when del ivere&personall on. the
second business da after. the deposit thereof in the Unit6d States Malt, posta prepaid,,
re or certified, addressed as h erein a f t ter provided.
All notices, demands, re or approvals from Contractor to Cit shall be addressed to
Cit at:
Cit of Alameda
Public Works Department
950 West Mall S Room I 10
Alameda, CA 94501
Attention: Barbara Hawkins., Cit En
Ph: (510) 749-5840 Fax: (5 10) 749-5867
Repair of Portland Cement Concrete Sidewalk, No. PW, 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase I I Fiscal Year 2010-2011
All notices, demands, re or approvals from Cit to Contractor shall be addressed to
Contractor at:
18. NUISANCE:
Contractor shall not maintain, commit, or permit the maintenance. or Comm issio n o an
nuisance in connection with the performance of services under this A
19. SAFETY REQUIREMENT:
All work perform unde this A shall be performed in.. such a manner as to
provide safet to the public and .to meet or. exceed the safet standards outlined 'b CAL-OSHA
Cit reserves the ri .to -issue restraints or cease and desist orders to Contractor when ups f6 or
harmful acts or conditions are observed o r reported relative to the pe of the work 'under.
this A
Contractor shall maintain the w s I*te.s free of. haza t p a pr
resultin from his or he operati An hazardous. condi tiro .no b Contr actor,, which. .ishot
a result of his or her operations, shall. 'i be reported to Cit
20. REQUIREMENT TO PAY PREVAtLING WAGE:
Consistent with the .city' s pa prevailin wa rates., Con tractor shall cdm
with the Cit Labor. Com�rogr. pliance.m and ill other req uirements set f6ithAnLab C
or ode
section. 1.770 et s e q The Cit sh r pa the g e n er a l T -of der die o
rthe
g eneral rate of per them wag es for holida and -overtime. wo& Contractor Will .:Submit
weekl certified pa records J o. the City for all.. emplo and so-k6ntr�ct6rs Jn.. a.
preapproved fonnat or.a.Cit provided form. An dela in remittin certified. p reports to
the Cit upon re from :the Cit will result in either dela and/or forfeit of -outstandin
pa to Contractor.
21. URBAN RUNOFF MANAGEMENT:
The Contractor. shall avoid creatin excess dust when breakin *phdIt.or concret& an d
durin excavation and g radin g If water is used for dust control con -�h.. tottrac. A use as: little. as
necessar Co shall take all steps. keep wash. w out.bf the. streets, fi tters
and storm drains.
The Contractor shall develop. and ..implement. erosion.end s e dimen t cont prevent
pollution of storm drains. Such control. i.ncludes but.isnot li to:
Repair of Portland Cement Concrete Sidewalk,, No. P.W 06-1044
Cur Gutter, Drivewa Minor Street Patchin
Phase I I.,, Fiscal Year 2010-2011
A. Use storm drain inlet protection devices such as sand ba barriers, filter fabric
fences, block and g ravel filters. (Block storm drain inlets prior to.the start o f the rain season
(October 15), in site de-waterin activities and saw-cuttin activities shovel or vacuu saw -cut
slurr and remove from the site).
B. Cover exposed piles of soil or construction material with pl All
construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfac that drai.n. to. streets, g utters
and storm drains prior to rain as well as at the end of the each work. da At the completion of
the project, the street shall be washed and the wash water shall be collected a n d disposed of
01
offsite in an appropriate location.
D. After breakin old pavement, Contractor shall remove all deb to avoid.conta
w ith rainfall or runoff.
I
E. Contractor shall maintain a clean work are b rem t rash, litter, and. debris
at the end of each workda Contractor shall also clean up an leaks, drips, and .oth .e r spill as
the occur.
The objective is to ensu that the Cit and Count of Ala C Clean
Water Pro is ade enforced. Th controls should.be implemented prior.. to the s
re maintained durin construction
of construction up as ph
ases, t provide
ade protection, and removed at the e of co
These recommendations are intended .to be used in C-Onjunction..with: th e State's Best
Mana Practices Municipal and Construction %Ijandbooks,, local. pro g uidance
materials from municip Section 7. 1.. 01 of the Standard. Specifica aTid. an other
appropriate documents on storm water q ualit y con .for construction.
Failure to corn pl this pro g r a m .rill result in the. issuance .of non compliance. noti
c itations, pro stop orders or fines. The fine for nonco 1* b
mp i the. a a two
hundred and fift dollars ($250 per o ccurrence. per da Th State und th Federal Clean.
Water Act can also impose a fine on the contractor, pursua t Cal. Water. Code. 1338.5.
PEST
22. COMPLIANCE WITH THE CITYS IN gRATED.
MANAGEMENT :POLICY: The Contractor.: shall follow the of the. Cit
p pl inte Pest M PM) Polic ensure the. is. in com l an ce. w i Municipal
Re Stormwater NPDES Permit Order N.O. R2-2009_0074 issued b the California
Re Water Q Contr Board. Contractor -shill f6llow the. Cit IPM� P hd ffi lize
g enerall y accepted IPM B Ma Practices (BT"S) to the maximum e
for the control or mana of pests in and around Cit and. facilities parks and. Rolf
courses,, urban landscape areas ,ri y and other :Ci p A cop of the :City's
IPM Polic ma be obtained from tie Department of Public Works .apd.is also .onplc with the
Cit Clerk.
Repair of Portland Cement Concrete Sidewalk, 12 No. P.W. 06-1.0-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase I L Fiscal Year 2010-201
23. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in coop l with. the pity 's.Mar Crust
Ordinance as set forth at Section 1.3-56 of the Mu Code.... Prier .to p. er.fomng an y
excavation work, Contractor shall verif with. the Buildin Official whether the excavation work
is -subject to the Marsh. Crust. Ordinance. Cont shall a ppl y for a nd. ohtam*. permits ft
Buildin Services on pr deemed to be subject to the Marsh. Crust Ordin
24. SAFETY RE QUIRE MENT.:
All work performed under thi A shall be perfor in. such a manner. as to
provide safet to the public and to meet or exceed the safet st o utlin e s b AL-OSHA.
The Cit reserves the ri to. iss restr o r cease de orders: to Contractor..
unsafe or harmful acts or conditions .are observed .or reported relative to the performance of the
work under this A
Contractor shall maintain, the work sites free of hazards to persons and/or.. propert
resultin from. his or opera An ha condi n by Contractor, which is of
a result of his or he An hazardou condition noted b Contractor, which is not. a
result of his or her operations, shall immediatel be reported to the Cit
25. PURCHASES OF MINED MATERIIALS REQUIREMENT:
Contrac shall ens :that. all pur chas of mined materials such as .:construction
a sand and g rave4 crushed. stone,, road base,, fill. materials and an other mineral
materials must ori from a sur face minin operation identified on the AB3.098:Ust per the
Surface Minin and .Reclamatiors Act or .197.5.:(SMARA.).
Within five da of award of con Contractor.. shall submit report t t Cit which. l.ists
the intended suppliers. for. the above materials and demonstrates that. the suppliers. are in.
compliance with. the. $MARA. re The AB,30.98. List is. maintained b the :Department
of Conservati Office o f Mine Reclamation: (OMR) and can be.. viewed at:.
www, nservat n.ca.Lyov/'ONIR/fib 3098 hst/index.htm.. Note that the list changes pe
and should be revie a
26. TERMINATION:
In the event ails or refuses to pr a perfor an of the at the t ime
and in the manner re hereunder, Contracto shall be deemed in default.in.. the performance
of this A If such.default is.not cured within a period. -of two (2) d after. receipt by
Contractor from Cit of written notice of default, specif the nature of such def4ult and the
steps necessar to cure such default, Cit ma terminate the A forthwith: b g ivin g to
the Contractor written notice thereof.
Cit shall have the opt io.n., at. its sole discretion and without cause, of terminatin this
A b g ivin g seven (7) da prior written notice to Contractor as provided herein. Upon
termination of this A each part shall. :pa to the other pax that
portion o f
compensation specified in this A that is earn and. unpaid prior to the effe dat of
termination.
Repair of Portland Cement Concrete Sidewalk, 1.3 No. P.W. 06-10-1.4
Curb, Gutter, Drivewa Minor Street Patchin
Phase I I Fiscal Year 2010-201
27. OMPLIAN S:
Contractor shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced b th.e aws f the State o
California excepting any choice of law r �s 'which. may. direct the application of Jaws of another
jurisdiction. The Agreement aid obligations oP the p arties are s to all. valid iaws orders,
rules, and regulations of the authorities hav Jurisdiction, over this Agreement: (or: the
successors of those a thorities.) Any suits brought nr� ant t€� th is �gree�ent ski filed wi
the courts of the County of Alameda, state of Califo mia.
9. ADVERTISEMENT
Contractor shall not host, exhibit, display o allow to be post exhibited, displa any
signs, advertising, show bills, lithographs,,. posters or car of any kind pertaining to the services
p erformed tender th s greens ent u nles s pri o r written approa n n been secured f�6M City
to do
otherwise.
30. RIVER
A waiver. by City of any breach of any terry, covenant, or condition contained herein;
shall not be deemed td be a waiverof:any. subsequent breach of the. arne dr any. other tetra.
covenant, or condition contained herein, whether of the same or a. different character.
31. INTEGRATED CONTRACT:
This Agreement. represents the full and co mplete u nderstan di n g of every kind or nature
w hatsoever between the parties hereto, and all prel irr.inary n g otiatio�s and agr eements Of
whatsoever kind or nature are ver ged: herein No verbs. agreement or. impl covenant shall be
held to vary the ro isio s hereof. t y modification of this. Agreement Wi be effective. only bv
written execution signed b both City and Contractor.
32, INSER PRO SIONS
Each provision and clause required by. law to .he serted into the Agreernent shall be
deemed to be enacted herein, and the. A greement shal Fbe readand enforced :as though each were
included herein. If through m or otherwise, any such provision is not inserted o r is not
correctly inserted, the Agreement shall. be to make such insertion. on a p i ation b
either party.
33. CAPTIONS-
The captions in the Ag reement are for convenience only., are not a part o f the A greement and in
no way affect, limit or arnp i fy the terms or provisi.ons of this :agreement.
.Repair of Portland Cement Concrete sidewalk, 14 No. P.W. 06 -10 -14
Curb, Gutter, Driveway Minor street Patching,
Phase I Uiscal Year 201.0 -2011
IN WITNESS WHEREOF, the parties have caused the A to he .executed on the
da and y ear first above written.
WEBER TRACTOR SERVICE
A Sole Proprietor
Thomas Steiren.
Chief Estimator
CITY OF ALAMEDA
Municipal Corporation
Ann Marie Gallant
Interim Cit Mana
RECOMMENDED FOR APPROVAL
Mat4few T..Naclerio
Public Works Director
APPROVED AS TO FORM:
Cit Attorne
Z
6L/aura Za
Z�
Deput Cit Attonre
Repair of Portland Cement Concrete Sidewalk, 15 No. P.W. 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
Per Square Foot
Repair of Portland Cement Concrete sidewalk, No. P.W. 06-10-14
Curb, Cutter, Driveway Manor street Patching,
Phase I I, Fiscal Year 2010-2011
E HIBIrT `A'
BIDDER'S PROPOSE
Specifications and Special
Proposal to the +COUNCIL .of the
Provisions
CITY O F ALAM DA
N P.W. 06-10-14
Th undersigned d that he
has carefully. examined the location
Filed
cif the pr op. s d work .nd the .P ans,
Specif and spec Provisions
Repair o f Portland Concrete
therefor; r herein and hereby
Sidewalk, Curb, Gutter, Driveway prop .pses tofurnish all. labo �dten'als,
and Mino Street.Patching
m achinery; tools: and e went re uired
p
Phase 1 I FY 201 0/2011.
to p6rf6m the V6rk and o: do all the said
work, in acc r�.da.c with aid Plans,
e i Ic ons and Special Provisio s for.
nc s set forth m th f6l .owing
s6h6d le:
Item Approximate
Items with Unit Prices Unit Total
No. Quantitv
Wri in W Pric
Per Square Foot
Repair of Portland Cement Concrete sidewalk, No. P.W. 06-10-14
Curb, Cutter, Driveway Manor street Patching,
Phase I I, Fiscal Year 2010-2011
Item
Approximate
Items with Unit Prices
unit
Total
No.
QuaritL,
Written in Words
pn*ce
Pace
4.
3,000 s ft.
Four Inch 4" Thick P.C.C.
Residential Dn*
600 0 0
Per" 'S Foot
5.
100 s ft.
Six-Inch 6" Thi P..C,C.
Cor=ercial Dn'vewa
1: 7'V
P S Foot
6.
1 lin. ft.
Concrete S awm' g
Repair of Portland Cement Concrete Sidewalk, ..No. RW. 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-2011
Item Approximate Items with Unit .Prices unit Total
No. -Quanti Written in Words Mee Mee
9. 702 s ft 3" Thick Drainrock
Z�
Per S Foot
10. 21,000 s ft, Filter Fabric
Per S F.Pot
2,,000 s ft. Herbicid.al Geofabri.cs
Per S F o o t.
12. 300 lin. ft. PVC .Cond.uit.under Sidewalk.
LL;2 <S (D S A n3o,-O-O
PerLi Foot
13. 795 s ft. Three-Inch 3" Thick Landscape Topsoil
3 9�5� 00
Per S Foot
Repair of Portland Cement Concrete Sidewalk, No. P-W 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-201
Item Approximate Items with Unit Prices Unit Total
No Quanti!y Quantity Written in Words Price Price
14. 100 sq. ft. `three -Inch. (3 Thick Landscape Gravel, Natural River Gravel
Yuba Rock
Dot44
2 57
Per .Square. Foot
15. 1,000 sq. ft. Two -Inch 2" Temporary Sidewalk, P.C.C.
gg9�
2i 7 500, 09
Per Square boo
Repair of Portland Cement Concrete Sidewalk, No. PM. 06 -1
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010-2011
Item Approximate Items with Unit Prices Unit. Total
No. Ouanti Written in Words Price o'n'ce
ADD ALTERNATE I GRINDING OF TREE. STUMP
1. 2 Each Less than 1. -foot in diameter
C;
Each.
2. 1 Each Between I foot and 2 feet in diameter
TOTAT, ADD ALTERNATE I:
Repair of Portland Cement Concrete Sidewalk, No. P.W. 06-10-14
Curb, Gutter, Drivewa Minor Street Patchin
Phase 11, Fiscal Year 2010-2011
Subtotal Base Bid:
Subtotal Add Alternate 1:
TOTAL
1
4BASE i ADD ALTERNATE 1)
TOTAL BID (Written in Words):
o
0
Amount of Time Required to Commence
Work After Receipt of Notice to Proceed: 5 Days
Locations in the form of a work list will be compiled on a weekly basis and Issued by the
Engineer to the Contractor for repair. Each work list will have about thirty (30) to thirty-five
(35) repair locations. The Contractor shall review the issued :work list and submit a work
schedule within two (2) working days for approval by the Engineer. Once the work schedule is
approved, the Contractor must start work on the work list. within three (3) working days.. From
start work, each work list must be' completed within fifteen working days. Furthermore, in order
to minimize disturbances to residents and public, repair locations must be concreted within five
(5) working days from the start of break out.
Repair of Portland Cement Concrete Sidewalk, No. P.W. 06 -1 0--14
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010 -2 011
The undersigned agrees to execute the contract required in said Specifications, to the
satisfaction of the Council of the City of Alameda, with the necessary bonds, if any be required,
within twenty 0) days, not including Sundays or legal holidays., after receiving notice that the
contract has been awarded and is ready for signature; and further agrees that, in case of his
default in any of the foregoing provisions, the proceeds of any heck which may accompany his
bid in lieu of a bid bond shall become the property of the City of Alameda as agreed and
liquidated damages.
Finn Name Please Print r 5 5
Signature of Person on Behalf of Firm z
d
Business Address 7 7
Zip Code 97y/
a
Dated:
r
Name Title Address
(Of Officers or Partners)
c
Incorporated under the laws of the State of
Contractor's License No. Expiration Date: 1 1,2
The signature above certifies that the foregoing information given on this document is true and
correct under penalty of perjury. (Section. 7028.15 California Business and Professionals Code.)
Repair of Portland Cement Concrete Sidewalk, No. P.W. 06 -10 -14
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010 -2011
The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract
portions of the work, as required by the provisions in Section 2- 1.054, "Required Listing of Proposed
Subcontractors," of the Standard Specifications and Section 2- -1.01, "General," for the special provisions.
L
Name and Address
Description of Portion
Of work Subcontracted
(THE .BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE
AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder p ro p 6 osed subcontractor
hereby certified that he has has not participated in a previous contract or subcontract suJect to the equal
opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has fled
with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all
report due under the applicable filling requirements,
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of
Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1,5. (Generally only contracts or subcontracts of
10,000 or under are exempt.)
Currently, Standard Form. 100 (EEO -1 is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive orders and have not filed the required reports should note that 41 CFR 60-- 1.7(b)(1) prevents the award
of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other
period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,
U, S. Department of Labor.
Repair of Portland Cement Concrete Sidewalk, No. P.W. 06- 10.14
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010 -2011
SUBCONTRACTORS TO BE USED IN THE PERFORMANCE OF THIS CONTRACT
Dame Address "work to be Performed
f
Repair of Portland Cement Concrete Sidewalk, No. P.W. 06 -10 -14
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010 -2011
SECURITY FOR COMPENSATION CERTIFICATE
(Required by Paragraph 1$61, California Labor Code)
To
I am aware of the provisions of Section 3700 of the Labor Code .of the State of California
which requires every employer to be insured against liability for worker's compensation or to
undertake self- insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this contract.
(Signature of Bidder)
-iz Business Address
Repair of Portland Cement Concrete Sidewalk, No. P.W. 00 -10 -14
Curb, Gutter, Driveway Minor Street Patching,
Phase 11, Fiscal Year 2010 -2011