CON27-0001_Marina_Dredging_Solicitation_-_SF_First.pdf

Date: July 14, 2026

To: Interested Contractors

From: Recreation and Park, Purchasing/Contract Administration Department

Re: SF Marina West Harbor Maintenance Dredge Project (CON27-0001)

The City and County of San Francisco, Recreation and Park Department is accepting quotes for the above referenced project. Attached to this letter is the Scope of Work, qualifications, and a draft construction contract agreement that would be finalized and executed with the contractor submitting the lowest responsible quote. This set contains the following items:

Section I: Contractor’s Checklist

Section II: Request for Quote and Quote Form

Section III: General Information

Section IV: Draft Construction Contract Agreement

Attachment 1: Subcontractor Listing Form

Attachment 2: Dredging Drawings & Specifications

Attachment 3: Bidder’s Questionnaire

Please make sure that your quote reflects the requirements outlined in the Scope of Work. If you are unsure or need clarification on the information contained in this package, please contact Sean McFadden at sean.mcfadden@sfgov.org.

SECTION I

Contractor’s Checklist

SF Marina West Harbor Maintenance Dredge Project

CONTRACT NO. CON27-0001

A. Each contractor shall submit with its quote the following properly completed and executed:

• Executed Quote Form with contractor's license number and expiration date.

• Qualification Statement (Contractor’s Letterhead)

• Subcontractors Form

• Safety Prequalification Form (completed online at the link provided in Section II)

• Bidder’s Questionnaire (Attachment 3)

B. Email electronic Quote packages to: sean.mcfadden@sfgov.org. Please title email: “CON27-

0001 SF Marina West Harbor Maintenance Dredge Project”

C. The General Manager, Recreation and Park Department reserves the right after receiving quotes to reject any or all quotes, and to waive any minor irregularity in a quote.

mailto:sean.mcfadden@sfgov.org

CITY AND COUNTY OF SAN FRANCISCO

RECREATION AND PARK DEPARTMENT

INFORMAL CONSTRUCTION CONTRACT

(less than or equal to $1,170,000)

SECTION II – REQUEST FOR QUOTE

Notice is hereby given that quotes for the performance of the work described herein will be received by the Purchasing/Contracts Administration Office of the City and County of San Francisco (City), Recrea-tion and Park Department under an informal contract procedure to complete the specified project in San

Francisco, CA.

The Request for Quote includes the following:

SCOPE OF WORK

This Request for Bid is for the dredging activities presented in the attached drawings and specifications for the SF Marina West Harbor in San Francisco, California.

Section 01 11 00 – Summary of Work

Section 01 71 13 – Mobilization and Demobilization

Section 35 01 00 – Dredging and Disposal

Section 35 20 30 – Dredging Survey and Volume Calculations

PROJECT SCHEDULE:

The length of work for this project is 30 calendar days from notice to proceed until substantial completion, with 15 calendar days from substantial completion until final completion. The contractor will be required to meet the listed project schedule.

General Notes:

a. Green Halo: The City uses GreenHalo to report waste recovery. All contractors and subcontractors are required to submit trucking slips, waste diversion plan and all forms for meeting San Francisco’s Mandatory Recycling and Compost Ordinance on https://www.greenhalosystems.com/. This ordinance requires 75% diversion from landfills.

Contractor shall provide for all items presented in the attached drawings. Contractor is responsible for all appurtenances required for proper installation of repairs to meet drawings and specifications.

Prior to submitting a quote under this contract, the Contractor is advised to inspect the site for estimating purposes. The work site is located at 1 Marina Green Drive, San Francisco, CA 94123.

Additional Notes

• A Pre-Submittal Conference and site visit will be held if requested by the Contractor.

• The contractor must submit a qualifications & experience statement/references with their bid.

https://www.greenhalosystems.com/

• Contractor is responsible for taking GPS coordinates of existing Green & Red PATONS. Upon completion of dredging, contractor must restore buoys / PATONS for channel navigation.

• Contractor must work around significant events such as major boat races. However, any work ef-forts during these Marina events must be coordinated through the Project Manager or Marina Har-bormaster.

• No Alternates other than that item requested will be accepted. No exceptions will be accepted.

• Presentation of any exceptions will result in the bid being deemed non-responsive.

• All bidders shall be Certified City Suppliers: A contractor must be a compliant City

Supplier to receive a contract award.

This includes the following items:

✓ Updated City Supplier File

✓ Current Business Tax Certificate

✓ Supplier File showing compliance with Chapter 14B, Equal Benefits and

Non-Discrimination in Contracts requirements.

Contractors will have 14 calendar days to complete this process once a Notice of Intent to Award has been issued. This period may be extended at the discretion of the Recreation and Park

Department if time allows.

Additional Notes

• **NEW**Safety Pre-qualification Online Form: Follow the link below to complete the City and County of San Francisco (CCSF) Safety Prequalification Web Form (Form). This Form is required by all construction companies contracting with CCSF. You will be able to submit your

Form directly to any contracting department (SFPUC, SFO, SFMTA, SFPW, SFPort, or SFRPD).

The Form is a snapshot of your firm’s safety record at a specific point in time. This Form is required for every solicitation as accidents happen and safety requirements change. Please follow the instructions in the Form.

https://sfpuc.org/construction-contracts/contract-opportunities-payments/prequalify-construction

• Non-Mandatory Pre-Bid Meeting: There will not be a pre-bid meeting for this project. The work site is located at 1 Marina Green Drive, San Francisco, CA 94123. If an additional site visit is required to clarify scope, please contact Cort Eidem 415-530-1778

(cort.eidem@sfgov.org).

• All questions regarding this project are due no later than Thursday, July 23, 2026 by 5pm. Questions must be emailed to cort.eidem@sfgov.org and cc sean.mcfadden@sfgov.org

• DIR Registration: All contractors and subcontractors who bid or work on public work projects in California must register with and pay an annual fee to the California Department of Industrial https://sfpuc.org/construction-contracts/contract-opportunities-payments/prequalify-construction

Relations (DIR). Registration must be renewed annually. Registration and renewal may be completed online. Please go to the DIR website at: http://www.dir.ca.gov/Public-

Works/PublicWorks.html for information on what is required.

• LCP Tracker: The City uses LCP Tracker to report certified payroll. All contractor and subcontractor staff members who enter electronic certified payrolls can participate in

LCPtracker training. View the online LCPtracker:

https://register.gotowebinar.com/recording/1502507219417386243. This 45-minute webinar can be viewed at any time and covers the basics of submitting certified payrolls.

• Qualifications Statement: The contractor must submit a Qualifications Statement/References with their bid, which details the experience of the team members designated to work on the project and their qualifications as described above.

• Alternates: No Alternates other than that item requested will be accepted. No exceptions will be accepted. Presentation of any exceptions will result in the quote being deemed non-responsive. Any questions regarding City of San Francisco requirements must be presented before the quote date.

• Contract Time: allowed for completion of all Work shall be 30 calendar days for Substantial

Completion and 15 more days for Final Completion as specified in this document beginning with and including the official date of Notice to Proceed as established by the General

Manager of the Recreation and Park Department.

• Liquidated Damages: Contractor shall pay the City and County of San Francisco the sum of three thousand five hundred dollars ($3500.00) for each calendar day that transpires with

Work not Substantially Completed after the time limit for achieving Substantial Completion specified in the above paragraph. In addition, the Contractor shall pay the sum of one thousand dollars ($1000.00) for each calendar day that transpires with the Project not Finally

Completed after the time limit for achieving Final Completion specified in the above paragraph.

• Warranty: the warranty on all work shall be one year.

• Invoicing: 5% retention will be taken on all payments. Please make sure this is noted and tracked on all invoices submitted to the Recreation and Park Department.

• Certified City Suppliers: All bidders shall be Certified City Suppliers: A contractor must be a compliant City Supplier to receive a contract award.

This includes the following items:

✓ Updated City Supplier File

✓ Current Business Tax Certificate

✓ Supplier File showing compliance with Chapter 14B, Equal Benefits and Non-

Discrimination in Contracts requirements.

http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/Public-Works/PublicWorks.html https://register.gotowebinar.com/recording/1502507219417386243

Bids are due no later than Thursday, July 30, 2026, by 2:30 pm, e-mailed to sean.mcfadden@sfgov.org.

BIDS WILL NOT BE PUBLICLY READ, HOWEVER, ALL BIDS WILL BE AVAILABLE FOR

EXAMINATION UPON REQUEST. Bids received after the date and time stated above will be rejected as non-responsive. Postmarks are not accepted. It is highly recommended that all bids be hand delivered.

The time of substantial completion for this project shall be 30 calendar days (excluding black-out periods) following issuance of the Notice to Proceed by the Manager, Purchasing/Contract Administration and 15 days from substantial completion to final completion. The Contractor to whom the Contract will be awarded must, at the time of award, possess a current Class A Contractor’s License by the California

State Contractors License Board. Contractor’s subcontractors must also be properly licensed. Each prospective contractor shall carefully examine the Scope of Work and become thoroughly familiar with the terms and conditions contained therein prior to submitting a bid. Each contractor is also responsible for examining the site. The submittal of a bid shall be conclusive evidence that the contractor has made such an examination.

Questions regarding this project shall be addressed to Cort Eidem, (415) 530-1778, (cort.eidem@sfgov.org).

Recreation and Park Department

Quote Form

CONTRACT NO. CON27-0001

The undersigned hereby proposes and agrees to execute the required Contract, should it be awarded to said Bidder, and to do all the work and furnish all the materials therefore all in accordance with the

Specifications and Drawings referred to in said Advertisement for Quotes and at the prices named in the attached Schedule of Prices.

BUSINESS TAX REGISTRATION DECLARATION: The undersigned further declares and understands that if I am awarded the Contract, each of my Subcontractors and I must maintain a current business tax registration number. If the Tax Collector of the City and County of San Francisco determines that any of my Subcontractors or I do not have or maintain a current business tax registration number, the

City may either cancel the Contract or withhold payment.

LOCAL BUSINESS ENTERPRISE PARTICIPATION AND NON-DISCRIMINATORY

EMPLOYMENT PRACTICES: Provisions of chapters 12B and 14B (including their implementing

Rules and Regulations) of the San Francisco Administrative Code are incorporated herein and by reference made a part of the Bid Documents as though fully set forth. The Bidder and all subcontractors and suppliers shall comply with these provisions and shall submit all required documents in a timely manner.

The undersigned, having examined all referenced documents and the Drawings, understanding the terms and conditions of the Contract Documents and the local conditions affecting the performance and costs of the Work, and having fully inspected the Site in all particulars, hereby proposes and agrees to fully perform the Work as indicated on the Drawings and in accordance with the requirements of the Contract Documents within the time stated therein, and for the following price(s):

SCHEDULE OF QUOTE PRICES

Bid

Item Description Quantity Unit of

Measure Unit Price Total Price

Base Bid

01 Mobilization and Demobilization 1 LS $___________ $____________

Pre-/Post-Dredge Multi-beam Bathymetric

Surveys

1 LS $___________ $____________

03a

Maintenance dredge Area A to a Required

Dredge Elevation of -12 feet MLLW, Area B to

-11 feet MLLW, and Area D to -6 feet MLLW plus 1 foot of payable OD for all Dredge Ar-eas. Transport and place all material at the

San Francisco Channel Bar Disposal Site (SF-

08) and/or Montezuma Wetlands Restoration

Project (MWRP)

4,000 CY $___________ $____________

03b

Maintenance dredge Area A to a Required

Dredge Elevation of -12 feet MLLW, Area B to

-11 feet MLLW, and Area D to -6 feet MLLW plus 1 foot of payable OD for all Dredge Ar-eas. Transport and place all material at the

San Francisco Channel Bar Disposal Site (SF-

08), San Rafael Rock Quarry (SRRQ) and/or

Montezuma Wetlands Restoration Project

(MWRP)

3,600 CY $___________ $____________

Furnish 5 PATONs (3 Red Nuns and 2 Green

Cans) either Sealite SL-B700 or equivalent with approval of the Harbormaster

1 LS $___________ $____________

Furnish and install two staff gauges with ap-proval of the Harbormaster

1 LS $___________ $____________

Total Base Bid (sum of Items 01, 02, 03a, 03b, 04 and 05): $____________

Optional Additive Bids

Maintenance dredge Area C to a Required

Dredge Elevation of -11 feet MLLW plus 1 foot of payable OD. Transport and place all material at the San Francisco Channel Bar

Disposal Site (SF-08), San Rafael Rock Quarry

(SRRQ) and/or Montezuma Wetlands Resto-ration Project (MWRP)

10,000 CY $___________ $____________

Maintenance dredge Area E to a Required

Dredge Elevation of -12 feet MLLW plus 1 foot of payable OD. Transport and place all material at Alcatraz Disposal Site (SF-11).

7,400 CY $___________ $____________

Total Base Bid + Optional Additive Bid Items (01 through 07): $____________

Acronyms: CY = cubic yards, LS = lump sum, MLLW=Mean Lower Low Water, OD=overdredge, PATON=Private Aids to Naviga-tion, SF-08=San Francisco Channel Bar Disposal Site, SF-11=Alcatraz Disposal Site

The determination for lowest bid shall be on the comparison of all bids received for the Base Bid (Items 01, 02, 03a, 03b, 04 and 05). The San Francisco Recreation and Parks Department (RPD), however, reserves the right to make an alternate determination of lowest bid based on the comparison of all bids received that in-cludes the Optional Additive Bids (Item 06 and Item 07). RPD further reserves the right to withhold the Op-tional Additive Bid Items depending on available budget. Bidders must submit a price for the Optional Addi-tive Bid Item 06 that is calculated with the same unit price as Base Bid Item 03b or their bid will be disquali-fied. Optional Additive Bid Item 07 may have a different unit price than Base Bid Item 03b given the differ-ent disposal locations. Bids in which prices are obviously unbalanced may be rejected.

The estimated dredged sediment quantity shall include the Payable Overdredge, Maximum Targeted Dredge

Volume, and sloughed side slope material assuming a 2 horizontal to 1 vertical slope as defined in the Tech-nical Specifications. The Bidder acknowledges that quantity bid is the estimated minimum, and payment will be contingent upon verification of the actual quantity removed, as determined by the dredge surveys. The

Contractor will be paid for all material removed at the approved unit price for the awarded dredging Bid

Items. Variation in quantity is not a basis for renegotiation of unit prices.

The City reserves the right, after opening Bids, to reject any or all Bids, and to waive any minor irregularity in a Bid. In case of discrepancy between the sum of Bid Item amounts and the Total Bid Price, the sum of said amounts shall prevail. In the case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices bid and extensions thereof, said unit prices shall prevail.

In accordance with San Francisco Administrative Code Section 6.20, no Bid shall be accepted and the City shall make no award should the lowest quotation of a responsible bidder on this Contract be in excess of

$900,000 for the Total Base Bid. If the Total Base Bid does not exceed $900,000, but the combined Total Bid and the Optional Additive Bids exceed $900,000, then the City reserves the right to award only the Total

Base Bid.

The Bidder acknowledges and agrees that this Bid, if not withdrawn prior to the scheduled time for receipt of

Bids, shall not be withdrawn for a period of 90 days thereafter.

Check if you are:

Check Category that Describes Your Company: *

Certified LBE (10% Discount) MBE WBE OBE

* Only Certified Firms: MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enter-prise.

Executed on 20

E-mail Address Name of Firm, Corporation, Partnership or Joint Venture

Telephone Number Signature of Bidder or Authorized Representative

DIR Registration No. Print Name of Authorized Representative

Contractor's California License No. Position in Firm or Corporation

License Expiration Date Address of Firm or Corporation

S.F. Business Tax Registration

Certificate Number City State Zip Code

Note: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers au-thorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

Contractor certifies that by submitting a signed Bid for this work, that it has conducted its due diligence and is familiar with site conditions, scope of work, and is thoroughly familiar with the terms and conditions con-tained therein prior to submitting this Bid.

END OF SECTION II - BID FORM

CITY AND COUNTY OF SAN FRANCISCO

RECREATION AND PARK DEPARTMENT ADMINISTRATION

INFORMAL CONSTRUCTION CONTRACT

(less than or equal to $1,170,000)

SECTION III – GENERAL INFORMATION

Examination of the Contract Documents: Each prospective Contractor shall carefully examine the Contract

Documents and become thoroughly familiar with the terms and conditions contained therein prior to the date quotes are required. The quote submitted shall include a sum to cover the cost of all items necessary to perform the work as set forth in the Contract Documents. No allowance of any kind will be made to any

Contractor because of lack of such examination or knowledge. The submittal of a quote shall be conclusive evidence that the Contractor has made such an examination.

Examination of Site and Existing Conditions: In addition to examination of the Contract Documents, each prospective Contractor shall, prior to the Quote Review, become fully informed regarding all existing and expected site conditions which might in any way affect the cost or the time of performance of the work.

Any failure of the prospective Contractor to fully investigate the site and inform itself of existing and anticipated site conditions shall not relieve such Contractor from responsibility for estimating properly the cost or difficulty of performing the work.

Preparation and Submittal of Quote: The Contractor shall prepare its quote in strict accordance with all of the requirements of the Contract Documents and any addenda thereto. In order to receive consideration, all quotes shall comply with the following instructions:

Quotes shall be submitted on the Quote Form provided. Quotes must be signed by an authorized representative of the firm. Items identified in the Scope of Work must be identified in the quote. The right is reserved, as the interests of City may require, to reject any or all quotes, to waive any informality in quotes, and to accept or reject any items of the quote.

Quotes shall include full compensation for furnishing all labor, material, tools, and equipment and doing all the work complete in place in accordance with the requirements of the Contract. Quote prices shall include all permits, applicable taxes, freight charges and other applicable fees of any kind except for

Federal Excise Tax, from which the City is exempt.

Contractor hereby certifies that it is aware of the provisions of California Labor Code §3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with such provisions before commencing the performance of the work of this Contract.

Review of Quotes: Quotes will be reviewed by the Manager, Purchasing/Contract Administration.

Award or Rejection of Quotes: The City reserves the right to reject any or all quotes and to waive any minor irregularity in the quotes or in the bid process. If award is to be made, it shall be made within 90 days of the date quotes are received and to the responsible Contractor submitting the lowest responsive quote. No contractor may withdraw its quote for the 90-day period. The General Manager shall make any such award by affixing her signature to the contract. No contract is effective, however, unless and until the Controller certifies the contract as to the availability of funds. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the responsible bidder submitting the next lowest responsive bid, and so on. The periods of time specified above within which the award of contract may be made shall be subject to an extension for such further period as may be agreed upon in writing between the City and the

Bidder concerned.

Notice of Tentative Award: Once the City has determined the apparent responsible contractor submitting the lowest responsive quote, the City shall issue to that Bidder a Notice of Tentative Award.

Within ten working days from the date of Notice of Tentative Award, the successful Bidder shall return executed copies of these documents. Within this same period, Bidder shall furnish Certificates of

Insurance as well as Performance and Labor/Materials (Payment) bonds as more fully described below.

Certificates of Insurance: Bidder shall furnish an original certificate showing evidence that the insurance coverage specified has been obtained and is in force. Attached is a sample of the insurance certificate indicating coverage required by the City. Please make certain the certificate includes the amounts and coverage indicated along with the exact language in the Description of Operations and

Cancellation sections. These certificates shall be submitted on the City’s forms that will accompany the

Notice of Tentative Award, or on a form approved by the City’s Risk Manager. All certificates shall provide that not less than 30 calendar days written notice shall be given to the City in the event of cancellation or material change in the policy.

Performance Bond: A Performance Bond in the amount of 100% of the Total Contract Amount is required for contracts over $25,000.00. The Performance Bond is required to guarantee faithful performance of the work under the Contract, including the replacing of or making acceptable, any defective materials or faulty workmanship.

Payment Bond: A Payment Bond in the amount of 100% of the Total Contract Amount is required for contracts over $25,000.00. The Payment Bond is required to inure to the benefit of persons performing labor or furnishing materials in connection with the work of the proposed contract. This bond shall be maintained in full force and effect until all work under the contract is completed and accepted by the City, and until all claims for materials and labor have been paid. Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sureties satisfactory to the City. All alterations, time extensions, extra work, additional work or any other changes authorized in the Contract, may be made without notice to, or securing the prior consent of, the surety.

Executed Contract: After Contractor's delivery of four signed original Construction Agreements and all required submissions as listed above, the General Manager will sign the Construction Agreement indicating final award. No agreement between the City and Contractor shall be in effect until the City executes the Construction Agreement.

Notice To Proceed: The City will issue a Notice to Proceed promptly following execution of the

Construction Agreement. Contractor shall commence performance of work in accordance with the Notice to Proceed, and shall continuously and diligently prosecute the work to completion on or before the time or times set forth in the Contract Documents. Contractor shall not enter upon nor occupy City property or commence any materials fabrication prior to receiving the Notice to Proceed. Any work performed or expenses incurred by Contractor prior to Contractor's receipt of Notice to Proceed shall be entirely at

Contractor's risk.

END OF SECTION

Section IV: Draft Construction Contract Agreement

SECTION 00 52 00

AGREEMENT FORM

THIS AGREEMENT made for the convenience of the parties this day of

20 26 by and between . located at

("CONTRACTOR"), and the City and County of San Francisco, State of California (the "CITY"), acting through the General Manager (the “GENERAL

MANAGER”) of the Recreation and Parks Department, under and by virtue of the Charter and

Administrative Code of the City and County of San Francisco.

CONTRACT NO.

NOW, THEREFORE, CONTRACTOR, in consideration of the mutual covenants set forth in this

AGREEMENT, promises and agrees to provide all services to construct the Project in accordance with the requirements of the Contract Documents, to perform the Work in good and workmanlike manner to the satisfaction of the GENERAL MANAGER, to prosecute the Work with diligence from day to day to Final

Completion, to furnish all construction work, labor and materials to be used in the execution and completion of the Work in accordance with the Contract Documents, and to otherwise fulfill all of CONTRACTOR's obligations under the Contract Documents, as and when required under the Contract Documents to the satisfaction of the GENERAL MANAGER.

CONTRACTOR's execution of this AGREEMENT signifies its acceptance of the Contract Time and

Contract Sum as being sufficient for completion of the Work, as well as acceptance of the other terms and conditions of the Contract Documents.

ARTICLE 1 - CONTRACT DOCUMENTS; CONTRACTOR’S GENERAL RESPONSIBILITIES

1.01 Contract Documents. CONTRACTOR shall Provide all Work according to the Contract Documents, which are incorporated into and made a part of this AGREEMENT by this reference, and all labor and materials used in providing the Work shall comply with the Contract Documents. The Contract

Documents, which comprise the entire agreement between CONTRACTOR and the CITY concerning the Provision of the Work, are defined in the General Conditions (Section 00 72 00). Any undefined term used in this AGREEMENT shall be given the definition set forth in the General

Conditions (Section 00 72 00).

1.02 Contractor's General Responsibilities. CONTRACTOR shall provide a fully functional, complete and operational Project constructed in accordance with the Contract Documents, including but not limited to, all investigations, analyses, surveys, engineering, procurement, materials, labor, workmanship, construction and erection, commissioning, equipment, shipping, subcontractors, material suppliers, permits, insurance, bonds, fees, taxes, duties, documentation, spare parts, materials for initial operation, security, disposal, startup, testing, training, warranties, guarantees, and all incidentals.

ARTICLE 2 - CONTRACT TIME

2.01 Completion Dates. As set forth in Section 00 73 02, the Work shall be Substantially

Complete within consecutive calendar days, beginning with and including the official date of

Notice to Proceed as established by the GENERAL MANAGER, and Finally Complete in accordance with Article 9 of the General Conditions (Section 00 72 00) within consecutive calendar days after the date the CITY issues a Notice of Substantial Completion.

2.02 Critical Milestone Dates. Contractor shall complete all critical milestone Work during the periods specified in Section 00 73 02.

2.03 Liquidated Damages. It is understood and agreed by and between CONTRACTOR and the

CITY that time is of the essence in all matters relating to the Contract Documents and that the CITY will suffer financial loss if the Work is not completed within the above-stated

Contract Times, plus any extensions thereof allowed in accordance with Article 7 of the

General Conditions (Section 00 72 00). The CITY and CONTRACTOR further understand and agree that the actual cost to CITY which would result from CONTRACTOR’s failure to complete the Work within the Contract Time is extremely difficult, if not impossible, to determine. Accordingly, CONTRACTOR and the CITY agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay the CITY three thousand five hundred dollars ($3500) for each day that transpires with the Work not Substantially Completed after the time limit for achieving Substantial Completion specified in section 2.01, and one thousand dollars ($1000) for each calendar day that transpires with the Work not Finally

Completed after the time limit for achieving Final Completion, as specified in section 2.01.

ARTICLE 3 – CONTRACT SUM

3.01 Contract Sum.

A. CONTRACTOR and the CITY agree that, upon performance and fulfillment of the mutual covenants set forth herein, the CITY will, in the manner provided by law and as set forth in the Contract Documents, pay or cause to be paid to CONTRACTOR the following price(s), as indicated in the Schedule of Bid Prices on the Bid Form

(Section 00 41 00):

1. Lump sum amount bid.

2. Selected additive Alternate Bid Item

Total awarded contract amount: $ .

The price(s) and amount set forth above shall be adjusted during performance or upon final completion of the Work in accordance with the Contract Documents.

B. CONTRACTOR understands and agrees that the CONTRACTOR shall be solely responsible for providing all resources that may be necessary to provide the Work, and that the CITY shall have no obligation whatsoever to finance any part of such costs except with respect to those amounts which become due under the terms and conditions of the Contract Documents.

3.02 Certification by Controller. This AGREEMENT is subject to the budget and fiscal provisions of the CITY's Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of the CITY's obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization.

ARTICLE 4 – LABOR REQUIREMENTS

4.01 Applicable Laws and Agreements. Compensation and working conditions for labor performed or services rendered under this AGREEMENT shall be in accordance with the

Contract Documents, the San Francisco Charter, and applicable sections of the San Francisco

Administrative Code, including section 6.22(E).

4.02 Prevailing Wages. The latest Wage Rates for Private Employment on Public Contracts in the

City and County of San Francisco, as determined by the San Francisco Board of Supervisors and the Director of the California Department of Industrial Relations, and, when federal funds are involved, the current General Wage Determination Decisions, as determined by the

U.S. Secretary of Labor, as same may be changed during the term of this AGREEMENT, shall be included in this AGREEMENT and are hereby incorporated by this reference.

CONTRACTOR agrees that any person performing labor in the provision of the Work shall be paid not less than the highest general prevailing rate of wages as so determined. If federal funds are involved, where the minimum rate of pay for any classification differs among State, City and Federal wage rate determinations, the highest of the three rates of pay shall prevail.

CONTRACTOR shall include, in any contract or subcontract relating to the Work, a requirement that all persons performing labor under such contract or subcontract shall be paid not less than the highest prevailing rate of wages for the labor so performed.

CONTRACTOR shall require any contractor to provide, and shall deliver to CITY every month during any construction period, certified payroll reports with respect to all persons performing labor in the Provision of the Work.

A. Copies of the latest prevailing wage rates are also available on the Internet at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm .

4.03 Penalties. CONTRACTOR shall forfeit to the CITY back wages due plus fifty dollars

($50.00) for:

A. Each laborer, workman, or mechanic employed in the provision of the Work, for each calendar day or portion thereof during which such laborer, workman, or mechanic is not paid the highest general prevailing rate of wage for the work performed; or

B. Each laborer, mechanic or artisan employed in the provision of the Work, for each calendar day or portion thereof during which such laborer, mechanic or artisan is compelled or permitted to work for a longer period than five days (Monday-Friday) per calendar week of eight hours each, and not compensated in accordance with the prevailing overtime standard and rate.

ARTICLE 5 – NOTICES TO PARTIES

http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

5.01 Unless otherwise indicated in the Contract Documents, all written communications sent by the Parties may be by U.S. mail, e-mail or by fax, and shall be addressed as follows:

To CITY: Recreation and Parks Department

Sean McFadden

McLaren Lodge, 501 Stanyan Street

San Francisco, CA 94117

Sean.mcfadden@sfgov.org

To CONTRACTOR:

5.02 From time to time, the parties may designate new address information by notice in writing, delivered to the other Party.

5.03 The delivery to CONTRACTOR at the legal address listed above, as it may be amended upon written notice, or the depositing in any post office or post office box regularly maintained by the United States Postal Service in a postage paid wrapper directed to CONTRACTOR at such address, of any drawing, notice, letter or other communication shall be deemed legal and sufficient service thereof upon CONTRACTOR.

ARTICLE 6 – TERMINATION AND SURVIVAL

6.01 This AGREEMENT and the other Contract Documents shall terminate when all obligations required to be performed by CONTRACTOR and the CITY have been fulfilled, unless sooner terminated as set forth in Article 14 of the General Conditions (Section 00 72 00).

6.02 The provisions of the Contract Documents which by their nature survive termination of the

Contract, including without limitation all warranties, indemnities, payment obligations, and the City’s right to audit Contractor’s books and records, shall remain in full force and effect after termination of the Contract.

IN WITNESS WHEREOF, the CONTRACTOR and the CITY have hereunto set their hands and seals, and have executed this AGREEMENT in duplicate, the day and year first above written.

CONTRACTOR:

By my signature hereunder, as CONTRACTOR, I certify that I have read and understand the section captioned MacBride Principles – Northern Ireland including in Document 00822, the CITY's statement urging companies doing business in Northern Ireland to move towards resolving employment inequities, encouraging compliance with the MacBride Principles, and urging San

Francisco companies to do business with corporations that abide by the MacBride Principles.

I further certify that I am aware of the provisions of section 3700 of the Labor Code which require 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 in this Contract.

Principal

BY: ________________________________________________

Title

CITY:

Recommended:

Manager, Purchasing and Contract Administration

APPROVED:

General Manager, Recreation and Parks Department

Approved as to form:

DENNIS J. HERRERA

City Attorney

By: ___________________________________

Deputy City Attorney

END OF SECTION