HomeMy WebLinkAboutItem 3 - COUNCIL READING FILE_b_Bullock Lane Specifications
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Bullock Lane CMP Replacement
Specification No. 90939
April 20th 2020
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Bullock Lane CMP Replacement
Specification No. 90939
Approval Date: <<date of CM or CAR Report Authorizing Advertisement>>
<<Engineer of Record Stamp>>
<<Signature Date>>
<<Signature Date>>
TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD ................................................................................................................................................. IVV
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR BULLOCK LANE CMP REPLACEMENT, SPECIFICATION NO. 90939 ................ A
LIST OF SUBCONTRACTORS ................................................................................................................ C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D
NON-COLLUSION DECLARATION .......................................................................................................... F
BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G
QUALIFICATIONS .................................................................................................................................... H
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
4 SCOPE OF WORK ........................................................................................................................... 12
5 CONTROL OF WORK ........................................................................................................................ 2
6 CONTROL OF MATERIALS ............................................................................................................... 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................. 23
DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3
13 WATER POLLUTION CONTROL ..................................................................................................... 3
14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 3
DIVISION III EARTHWORK AND LANDSCAPE ....................................................................................... 5
20 LANDSCAPE .................................................................... ERROR! BOOKMARK NOT DEFINED.5
DIVISION VIII MISCELLANEOUS CONSTRUCTION .............. ERROR! BOOKMARK NOT DEFINED.7
77 LOCAL INFRASTRUCTURE ............................................ ERROR! BOOKMARK NOT DEFINED.7
DIVISION XI MATERIALS ....................................................................................................................... 58
90 CONCRETE .................................................................................................................................... 58
APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, California 93401, until
2:00 p.m. on July 16th, 2020
at which time they will be publicly opened and read aloud (HOLD FOR LANGUAGE
REGARDING VIRTUAL BID OPENINGS). Submit bid in a sealed envelope plainly
marked:
Bullock Lane CMP Replacement, Specification No. 90939
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-
refundable fee of:
1. $15.00 if picked up in person, or
2. $25.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
Standard Specifications and Engineering Standards referenced in the Special Provisions
may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
No printed copies are available for purchase at this time.
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website listed above or at the office of the City
Engineer.
Contact the project manager, Richard Burde at 805-781-7193 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project will remove two existing concrete sack headwalls and and replace
with cocrete headwalls per Caltrans details. In addition, approxietly 72 LF of 54” CMP
storm line will be removed and replaced with 58 LF of 54” HDPE storm line.
Commented [NB1]: Keep for now. We may need to require
digital depending where COVID is at when this goes to print.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
The project estimated construction cost is $275,000
Contract time is established as 40 working days.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
2 of the referenced projects must be for installation of concrete headwalls which
support culverts. 3 of the referenced projects must be for the installation of storm
drain lines.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
1. knowledge
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid
forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR BULLOCK LANE CMP REPLACEMENT,
SPECIFICATION NO. 90939
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 15,77 Remove 54” SD line LF 74
2 64,77
Install 54” SD HDPE line per City
STD 6020 and connect to
existing Catch Basin
LF
58
3 77 Remove tree stumps LS 1 -----
4 15 Remove existing concrete sack
headwalls LS 1 -----
5 26, 77 10’ Headwall per CalTrans detail
D-90 LS 1 -----
6 26, 77 12’ Headwall per Caltrans detail
D-90 LS 1 -----
7 Cable Railing per State Std. Plan
B11-47 LF 78
8 26, 77 AC Curb per City STD 4030 LF 75
9 72 24” Rock slope protection TON 7
10 72 12”, Rock slope protection TON 11
11 72 6” Rock slope protection TON 6
12 72 Class II aggregate TON 42
13 19 Earthwork and grading LS 1 -----
14 17 Clearing and Grubbing LS 1 -----
BID FORMS
BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
15 21 Permanent erosion control
measures LS 1 -----
16 12 Traffic Control LS 1 -----
17 77 Tree Protection per Section 77-
1.03A(2) LS 1 -----
18 APCD Permit Compliance LS 1 -------
19 Health and Safety Plan LS 1 ------
20 14, 79 Hauling and Disposal of
Contaminated Material LS 1 -----
21 1 OSHA Compliance LS 1 -----
22 Army Corp 404 Permit
Compliance LS 1 -----
23 CDFW 1600 Permit Compliance LS 1 -----
24 RWQCB 401 Permit Compliance LS 1 -----
25 UPRR Permit Compliance LS 1 -----
26 Railroad Flagging & Montoring DAYS 40
Bid Total $
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
Commented [NB2]: Do we know the volume? 60 CY?
Commented [BR3R2]: The soils report suggests that it will
be much lower thatn that based on the results given from the
hazardous material tests. Hazardous material was confirmed
in one boring over a 6” intrerval, which is appoximetly 6 CY. I
used LS thinking that this would cover us is testing during
construction identified further areas that were contaminated.
Commented [BR5R4]: We are only waiting on the Water
Board. The Review is in their court and should be finalized by
the time we bid
Commented [NB4]: Do we have all of our final permits?
BID FORMS
BID FORMS
C
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more than
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
BID FORMS
BID FORMS
E
under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
BID FORMS
BID FORMS
F
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
BID FORMS
G
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
BID FORMS
H
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include pipe and/or
concrete headwall instillation activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include pipe and/or
concrete headwall instillation activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include pipe and/or
concrete headwall instillation activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
BID FORMS
BID FORMS
I
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
SPECIAL PROVISIONS
1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. Bullock Lane CMP Replacement Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2018 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 1, 12, 14, 15, 17, 19, 26, 64, 72, 77, and 79 for
general, material, construction, and payment specifics.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
Add Section 4-1.03A WORK DESCRIPTION, Project Specific Signage:
Maintain Revenue Enhancement Funding signage in work area. Return Revenue
Enhancement Funding signs at the end of the project or upon the Engineer’s request.
5 CONTROL OF WORK
Replace Section 5-1.02 Contract Components
All work must be completed within the dry season (April 15- October 15) per
environmental permits referenced in Section 14.
Replace Section 5-1.36B Landscape
Areas requiring clearing and grubbing of vegetation shall be seeded with approved seed
mix, per environmental permits idendified in section 14. Further vegetative planting for
erosion control purposes shall also comply with environmental permits per section 14.
6 CONTROL OF MATERIALS
Add to Section 6-2.03 DEPARTMENT ACCEPTANCE:
The Engineer will furnish Sales Tax signs mounted to moveable barricades. Maintain
Sales Tax signage in work area. Return Sales Tax signs at the end of the project or upon
the Engineer’s request.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan
Work hours are restricted to 7 a.m. to 4 p.m. Monday through Friday. No full width street
closures will be allowed. A flagger must be used to keep traffic flowing at all times. The
roadway shall be open to two lanes of traffic after work hours and on weekends.
Provide traffic control plan and traffic control application at or before the preconstruction
meeting. Traffic control plan must be drawn to scale. Traffic control application may be
obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3
DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to 2nd paragraph in Section 13-1.01A
A minor WPCP plan form may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-6.01 BIOLOGICAL RESOURCES, GENERAL
All work shall be conducted in accordance with the following agreements:
1. Section 1600 Lake Alteration Streambed Alteration Agreement (SAA) obtained
from the California Department of Fish and Wildlife (CDFW),
2. Section 401 Water Quality Certification from Central Coast Region Regional Water
Quality Control Board
3. Section 404 U.S. Army Corps of Engineers Nationwide Permit, and the Habitat
Mitigation and Monitoring Plan (HMMP)
The previously mentioned documents are attached in these Specifications in Appendix
(XYZ). The Contractor must read and be familiar with the requirements of all permit
documents. Any fines or fees resulting from non-compliance with the environmental
requirements for the projects will be the responsibility of the Contractor.
The City will provide a designated biologist, or qualified environmental compliance
construction monitor. The Contractor shall comply with the Environmental Management
Plan and shall communicate and cooperate with the City Environmental Monitor in
performance of the work.
Add to Section 14-9.02 AIR POLLUTION CONTROL, General:
The City has obtained an annual permit for construction from the Air Pollution Control
District (APCD). The annual APCD permit and construction log files are located on the
City’s website:
http://www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
You are required to comply with the APCD permit including all notification and
construction logs using the appropriate equipment. Provide training to all workers in the
construction area.
You must comply with section 77-1 of the standard specifications.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4
Add Section 14-9.02A AIR POLLUTION CONTROL, Construction:
Where contamination is encountered, you are responsible to:
1. monitor
2. record
3. report
H2S and Hydrocarbon FID readings taken every hour during work in the contamination
zone or as directed by the Engineer.
Appropriate Personal Protective Equipment (PPE) must be used.
Add Section 14-9.02C AIR POLLUTION CONTROL, Payment:
Full compensation for APCD compliance and applicable engineering standards is
included in the payment for other bid items unless a bid item of work is shown on the bid
list item.
Add to Section 14-11.01 General
14-11.01A(1) Contamination Site Information
There is a potential of soil contamination in the work area. Known areas of soil and
contamination are identified on the Plan Set as well as in the Geotechnical Report
attached in these Specifications in Appendix (XYZ). Contaminated soils must be disposed
of at an approved location.
14-11.02B(1) Disposal Location
There is a potential of soil contamination in the work area. Known areas of soil and
groundwater contamination as identified by the County Department of Health are:
Site Location
Approx 22’x15’ area directly north of the existing
culvert outfall. Known contaminants have been
located to a depth of 5’.
Listed below are the highest known contamination and type of contamination.
Site Location Contaminate
Approx 22’x15’ area directly north of the
existing culvert outfall. Known
contaminants have been located to a
depth of 5’.
Zinc and Chormium
Formatted Table
Formatted Table
SPECIAL PROVISIONS
SPECIAL PROVISIONS
5
DIVISION III EARTHWORK AND LANDSCAPE
20 LANDSCAPE
Add to Section 20-1.03C(2)
Plants and vegetative growth to be removed shall be done in compliance with
environmental permits referenced in Section 14-6.01.
Add Section 20-3.01D GENERAL, Payment with:
The contract lump sum for Landscaping shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals, and for doing all the work involved in
“Landscaping”, complete in place, as specified and required in the Standard
Specifications, these Special Provisions, as shown on the plans, and as directed by the
Engineer.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Add to Section 77-4.01 General:
Groundwater is expected to be encountered. Removal of groundwater shall comply with
Section 77-1.03A(3) Groundwater.
Add to Section 77-4.04 Payment:
Upon excavation and removal of the existing corrugated metal pipe the Contractor is
expected to encounter voids requiring additional excavation and back fill material to lay
down the new pipe. Additional excavation and back fill material must be measured and
paid by the ton by the “Additional Excavation and Backfill Material” bid item.
DIVISION XI MATERIALS
90 CONCRETE
Add to Section 90-1.01C(6) Mix Design:
Concrete must contain a maximum of 15% pozolone or fly ash. Course aggregate for
concrete must comply with the gradation specifications for the 1 inch x No. 4 primary
aggregate nominal size.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
6
DIVISION XIII APPENDICES
Appendix A – Form of Agreement
Appendix B – Earth Systems Geotechnical Investigation
Appendix C – CDFW Permit…
Appendix D – Army Corp Permit..
Appendix E – RWCQB Permit…
Appenidx F – UPRR Agreement..
Commented [NB6]: Am I missing anything? Look at all the
red tape!
APPENDIX
APPENDIX
0
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
APPENDIX
APPENDIX
1
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
APPENDIX
APPENDIX
2
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________