HomeMy WebLinkAboutItem 12 - COUNCIL READING FILE_b_Spec No. 1000167 Specifications
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
2021 Downtown Pavement Improvements Project
Specification No. 1000167
JULY 2021
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
2021 DOWNTOWN PAVEMENT IMPROVEMENTS PROJECT
Specification No. 1000167
Approval Date: May 4, 2021
May 4, 2021
May 4, 2021
TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION....................................................................................................................... III
QUALIFICATIONS .................................................................................................................................... III
AWARD ..................................................................................................................................................... V
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR 2021 DOWNTOWN PAVEMENT IMPROVEMENTS PROJECT, SPECIFICATION
NO. 1000167 ............................................................................................................................................. A
LIST OF SUBCONTRACTORS ................................................................................................................ G
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. H
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... H
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. H
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... H
NON-COLLUSION DECLARATION .......................................................................................................... J
BIDDER ACKNOWLEDGEMENTS ........................................................................................................... K
QUALIFICATIONS ..................................................................................................................................... L
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. M
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1
4 SCOPE OF WORK ............................................................................................................................. 2
6 CONTROL OF MATERIALS ............................................................................................................... 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................... 3
9 PAYMENT ........................................................................................................................................... 3
DIVISION II GENERAL CONSTRUCTION ............................................................................................... 4
13 WATER POLLUTION CONTROL ..................................................................................................... 4
15 EXISTING FACILITIES ..................................................................................................................... 4
DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 5
37 BITUMINOUS SEALS ....................................................................................................................... 5
39 ASPHALT CONCRETE .................................................................................................................... 6
DIVISION IX TRAFFIC CONTROL DEVICES........................................................................................... 6
84 MARKINGS ....................................................................................................................................... 6
DIVISION XIII APPENDICES .................................................................................................................... 8
APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
APPENDIX B – CALTRANS ENCROACHMENT PERMIT .............................................. 3
APPENDIX C – PAVING AREAS STREET SEGMENT LIST .......................................... 4
APPENDIX D – PAVING AREAS MAP ........................................................................... 5
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids must be MAILED to the following address:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
Attn: Brian Rodriguez
Bids delivered in person will not be accepted. Bids may be mailed by postal carriers
such as UPS, FedEX, DHL, etc. Regular courier companies not affiliated with the postal
system are not acceptable. All mailed bids must be delivered and in possession of the
Project Manager by:
2:00 p.m. on June 3, 2021
At which time they will be publicly opened and read aloud via Microsoft Teams video
conference and conference call. In-person attendance of the bid opening will not be
permitted in adherence to social distancing measures. Use the following link:
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_MTIzNzc0MjAtMGMzNi00YWNlLThmMDQtNDVmMDhmOTgzMTFl
%40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9-
330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727-
acd5a57b58ec%22%7d
or join by phone with this number: 1 (209) 645-4165 with Conference ID: 241 215 16#
Submit bid in a sealed envelope plainly marked:
2021 DOWNTOWN PAVEMENT IMPROVEMENTS PROJECT, Specification No.
1000167
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
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
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.
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
No printed copies are available for purchase at the City office.
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
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, Brian Rodriguez at 805-781-7226 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
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 consists of new ADA compliant curb ramps at existing street
corners, pavement removal and replacement on street segments of Higuera, Marsh,
Johnson, Phillips, Pepper, and Nipomo. The project also includes protection and/or
adjustment of existing utility covers, upgrading of select utility frames and covers, striping
and markings, traffic control, sidewalk, curb and gutter replacement at various locations,
and midblock crosswalks on Higuera and Marsh.
BASE BID: The project estimated construction cost is $2,191,000
ADDITIVE ALTERNATIVE “A”: $525,000
ADDITIVE ALTERNATIVE “B”: $239,000
TOTAL PROJECT BID ( BASE BID + ADD ALT. “A” + ADD ALT “B”: $2,955,000
Contract time is established as 60 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 or C12 & C8 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.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
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.
One of the three referenced projects must be for concrete curb and sidewalk
construction work, American with Disabilities Act (ADA) compliance, and
detectable warning surface and/or truncated domes installation.
One of the three reference projects must be for roadway construction.
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
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
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
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 in compliance with Public Contract Code Section
20103.8(c) with the Publicly Disclosed Funding Amount of $3,400,000 using either:
TOTAL PROJECT BID, if bid for Base Bid + Add. Alt. “A” + Add Alt. “B” is less than
$3,400,000; or
BASE BID + ADD. ALT. “A”, if bid for Base Bid + Add. Alt. “A” is less than
$3,400,000 and Total Project Bid is greater than $3,400,000; or
BASE BID, if Base Bid is less than $3,400,000 and Base Bid + Add. Alt. “A” is
greater than $3,400,000.
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 2021 DOWNTOWN PAVEMENT IMPROVEMENTS PROJECT,
SPECIFICATION NO. 1000167
BASE BID
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 37 TYPE II SLURRY SEAL SQYD 18,534
2 37
PNEUMATIC TIRE ROLLER
COMPACTION LS 1 -----------------
3 39 3/8 MIX LEVELING COURSE TN 453
4 39 1/2 INCH HMA TYPE A TN 1,987
5 39 3/4 INCH HMA TYPE A TN 1,120
6 84 PAVING GRID SQYD 8,059
7 84 DIGOUT SQFT 2,727
8 15 EDGE GRIND LF 195
9 84 DETAIL 1 LF 490
10 84 DETAIL 8 LF 1,866
11 84 DETAIL 9 LF 1,375
12 84 DETAIL 22 LF 1,084
13 84 DETAIL 27B LF 7,264
14 84 DETAIL 28 LF 47
15 84 DETAIL 39 LF 4,363
BID FORMS
BID FORMS
B
BASE BID
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
16 84 DETAIL 39A LF 148
17 84 DETAIL 40 LF 258
18 84 12" WHITE LF 1,521
19 84 24" WHITE LF 740
20 84 12" YELLOW LF 116
21 84 24" YELLOW LF 100
22 84 GREEN PAINT SQFT 2,032
23 84
GREEN CYCLE TRACK CASE
1 LF 566
24 84
GREEN CYCLE TRACK CASE
2 LF 274
25 84 BIKE BUFFER LF 1,221
26 84 BIKE MEDIAN LF 1,326
27 84 NO PARKING BUFFER SQFT 31,673
28 84 PARKING "L" EA 46
29 84 PARKING "T" EA 93
30 84 BLUE PARKING TICKS EA 8
31 84 ADA SPACE MARKING EA 6
32 82 ADA SIGN & POST EA 6
33 84 BLUE CURB LF 132
34 84 PAINTED CURB LF 2,917
35 39 SPEED TABLE EA 1
36 73 SD STEEL PLATES EA 32
37 73 MEDIAN BULBOUT EA 2
38 82 RRFB EA 2
39 73 TREE GRATE EA 2
40 84
BLUE HYDRANT MARKERS
PER CITY STD 7920 EA 34
41 15
UPGRADE/ADJUST WATER
VALVE TO FINISHED GRADE EA 56
42 15
UPGRADE/ADJUST SANITARY
SEWER MANHOLE OR
CLEANOUT TO FINISHED
GRADE EA 14
43 15
UPGRADE/ADJUST
COMMUNICATIONS MANHOLE
TO FINISHED GRADE EA 1
44 84 WHITE PAVEMENT MARKING SQFT 1,733
BID FORMS
BID FORMS
C
BASE BID
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
45 15, 73
SIDEWALK REPAIR NORTH
SIDE OF HIGUERA NEAR
NIPOMO LS 1
-----------------
46 15, 73
SIDEWALK REPAIR NORTH
SIDE OF HIGUERA
CROSSWALK LS 1
-----------------
47 15, 73
SIDEWALK REPAIR SOUTH
SIDE OF HIGUERA
CROSSWALK LS 1
-----------------
48 15, 73
CURB RAMP HIGUERA &
ARCHER SE CORNER LS 1 -----------------
49 15, 73
CROSS GUTTER HIGUERA &
ARCHER SOUTH SIDE LS 1 -----------------
50 15, 73
SIDEWALK REPAIR NORTH
SIDE OF MARSH NEAR
HIGUERA LS 1
-----------------
51 15, 73
CURB RAMP MARSH &
ARCHER SW CORNER LS 1 -----------------
52 15, 73
CURB RAMP MARSH &
ARCHER NE CORNER LS 1 -----------------
53 15, 73
CURB RAMP MARSH & BEACH
SW CORNER LS 1 -----------------
54 15, 73
SIDEWALK REPAIR NORTH
SIDE OF MARSH NEAR
NIPOMO LS 1
-----------------
55 19 ROADWAY EXCAVATION CY 470
56 15, 73 REMOVE CURB AND GUTTER LF 700
57 15, 73 REMOVE DRIVEWAYS EA 6
58 15, 73 CURB AND 18"GUTTER LF 490
59 15, 73 CURB AND 24"GUTTER LF 210
60 15, 73 INSTALL DRIVEWAY EA 6
61 15, 73
CURB RAMP NIPOMO &
BUCHON SE CORNER EA 1
62 15, 73
CURB RAMP NIPOMO &
BUCHON SW CORNER EA 1
63 15, 73
CURB RAMP NIPOMO & LEFF
NE CORNER EA 1
64 15, 73
CURB RAMP NIPOMO & LEFF
NW CORNER EA 1
65 15, 73
CURB RAMP NIPOMO & ISLAY
NE CORNER EA 1
66 15, 73
CURB RAMP NIPOMO & ISLAY
NW CORNER EA 1
67 15, 73
CURB RAMP NIPOMO & ISLAY
SE CORNER EA 1
68 15, 73
CURB RAMP NIPOMO & ISLAY
SW CORNER EA 1
BID FORMS
BID FORMS
D
BASE BID
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
69 15
REMOVE AND REPLACE FIRE
HYDRANT EA 2
70 5, 78 SET BENCHMARK EA 1
71 82
REMOVE AND REPLACE SIGN
POST EA 6
72 19 BASE REPAIR ALLOWANCE SQFT 3,000 -----------------
73 15, 73
SIDEWALK REPLACEMENT
ALLOWANCE SQFT 500
74 77
LATERAL REPLACEMENT
ALLOWANCE EA 5
75 13 STREET SWEEPING (1 DAY) LS 1 -----------------
76 13
STREET SWEEPING w/
SIGNAGE (14 DAYS) LS 1 -----------------
77 13 STREET SWEEPING (30 DAYS) LS 1 -----------------
78 7, 12
TRAFFIC CONTROL PLAN AND
IMPLEMENTATION LS 1 -----------------
79 3
COMPLY WITH CALTRANS
PERMIT LS 1 -----------------
BASE BID TOTAL $
ADDITIVE ALTERNATIVE “A”
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 37 1/2 INCH HMA TYPE A TN 368
2 37 3/4 INCH HMA TYPE A TN 1,964
3 37 TYPE "A" AC BERM LF 142
4 84 DETAIL 1 LF 199
5 84 DETAIL 24 LF 25
6 84 12" WHITE LF 65
7 84 PAINTED CURB LF 121
8 15, 73 CROSS GUTTER SQFT 222
9 84 BLUE HYDRANT MARKERS
PER CITY STD 7920 EA 3
10 15 UPGRADE/ADJUST WATER
VALVE TO FINISHED GRADE EA 6
11
15
UPGRADE/ADJUST SANITARY
SEWER MANHOLE OR
CLEANOUT TO FINISHED
GRADE EA 3
12 82 12' PUNCH POST EA 4
BID FORMS
BID FORMS
E
ADDITIVE ALTERNATIVE “A”
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
13 82 R1-1 SIGN EA 2
14 82 R1-3 SIGN EA 2
15 82 R1-3P SIGN EA 1
16 82 R6-1 SIGN EA 2
17 82 W3-1 SIGN EA 2
18 84 WHITE PAVEMENT MARKING SF 88
19 15, 73 CURB RAMP JOHNSON & MILL
NE CORNER (SHEET 16) LS 1 -----------------
20 15, 73 CURB RAMP JOHNSON & MILL
NW CORNER (SHEET 16) LS 1 -----------------
21
15, 73
CURB RAMP JOHNSON &
PEACH NE CORNER (SHEET
15) LS 1
-----------------
22
15, 73
CURB RAMP JOHNSON &
PEACH SW CORNER (SHEET
16) LS 1
-----------------
23
15, 73
CURB RAMP JOHNSON &
PEACH SE CORNER (SHEET
16) LS 1
-----------------
24
15, 73
CURB RAMP JOHNSON &
PHILLIPS SE CORNER (SHEET
15) LS 1
-----------------
25 7, 12 TRAFFIC CONTROL PLAN AND
IMPLEMENTATION LS 1 -----------------
ADD. ALT. “A” BID TOTAL $
ADDITIVE ALTERNATIVE “B” BID LIST
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 37 1/2 INCH HMA TYPE A TN 500
2 37 3/4 INCH HMA TYPE A TN 789
3 37 TYPE "A" AC BERM LF 121
4 84 DETAIL 22 LF 140
5 84 12" WHITE LF 38
6 84 BIKE BUFFER LF 162
7 84 PAINTED CURB LF 231
8 84 BLUE HYDRANT MARKERS
PER CITY STD 7920 EA 2
9 15 UPGRADE/ADJUST WATER
VALVE TO FINISHED GRADE EA 8
BID FORMS
BID FORMS
F
ADDITIVE ALTERNATIVE “B” BID LIST
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
10 15
UPGRADE/ADJUST SANITARY
SEWER MANHOLE OR
CLEANOUT TO FINISHED
GRADE EA 6
11 84 WHITE PAVEMENT MARKING SF 22
12 7, 12 TRAFFIC CONTROL PLAN AND
IMPLEMENTATION LS 1 -----------------
ADD. ALT. “B” BID TOTAL $
BASE Bid Total $
ADD. ALT. “A” Bid Total $
ADD. ALT. “B” Bid Total $
Total Project Bid
(BASE BID + ADD. ALT. “A” + ADD. ALT. “B”) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
BID FORMS
BID FORMS
G
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
H
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
I
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
J
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
K
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
L
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 roadway
construction? 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 roadway
construction? 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 ADA
compliance, concrete curb and
sidewalk construction work?
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
M
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. 2021 Downtown Pavement Improvements Project Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2020 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.
3 CONTRACT AWARD AND EXECUTION
Add to Section 3-1.18B CONTRACT EXECUTION, Caltrans Encroachment Permit
3-1.18B Caltrans Encroachment Permit
Compliance with Caltrans Encroachment permit and traffic control shall conform to the
provisions of Section 12 “Temporary Traffic Control”, of the Standard Specifications and
these Special Provisions.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
Measurement and Payment
The lump sum contract price paid to comply with Caltrans Encroachment Permit shall
include full compensation for furnishing all labor, materials, tools equipment, personnel,
and for doing all the work involved to comply with all Caltrans encroachment permit
requirements. The contract price shall also include the application fee of $820.00 for
obtaining a double permit for Encroachment Permit 0520 NTK 0263. See Appendix B for
additional information.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 3, 6, 7, 8, 12, 15, 37, 39, 56, 73, 77, 84, and 86
for general, material, construction, and payment specifics. Refer to these Special
Provisions for modifications to the above Sections.
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.
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.
The Engineer will furnish one (1) GREEN WAY SYMBOL stencil as detailed in Sheet 26
of the project plans. Contractor can obtain additional stencil(s) at its own discretion and
must be approved by the Engineer prior to use for this project.
Sales Tax signs are stored at the City’s Corporation Yard on Prado Road. The contractor
is responsible to load and transport from City Corporation yard to job site.
Water to be used in the slurry seal emulsion must be potable water.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records
(Labor Code 1776) with:
Furnish the Engineer one Portable Document Format (PDF) file which contains all certified
payroll records for the prior month’s work. Redact the PDF file making the employee’s social
security number illegible. Failure to submit PDF file with other monthly payroll records is
considered an incomplete payroll submission and penalties will be assessed.
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3
Unless stated otherwise below, work hours are Monday through Friday between 7:00 a.m.
to 4:00 p.m. at all the affected streets.
Work within Caltrans Right of Way must be performed between the hours of 9:00 a.m. to
3:00 p.m Monday – Thursday and 9:00 a.m. to 2:00 p.m. Friday.
Paving work on Higuera and Marsh from Nipomo to the US 101 on/off ramp intersection
must start after September 1, 2021 between the hours of 10:00 PM to 8:00 AM.
Two lanes of traffic shall be retained at all times on Marsh and Higuera west of Santa
Rosa Street between weekday hours of 10am-6pm, unless otherwise approved by the
City.
No work involving heavy equipment (i.e. loud machinery) within the downtown during
the 11am-1pm lunch period.
Night work permit may be necessary if above limitations are not feasible to perform
aspects of work.
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
Add to Section 8-1.01 GENERAL, Order of Work
Paving work for the streets listed below must commence after September 1, 2021. The
Contractor must make start work within the following segments until then:
Higuera Street: From Nipomo to Marsh Intersection
Nipomo Street: From Nipomo to Higuera Intersection
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work. A one week look ahead schedule shall be
provided to the Engineer before commencing the following week’s work. This requirement
shall be completed in order to continue construction work.
9 PAYMENT
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4
Add to Section 9-1.06 CHANGED QUANTITY PAYMENT ADJUSTMENTS, General
Any adjustments due in accordance with Section 9-1.06B, “Increases of More Than 25
Percent” and Section 9-1.06C, “Decreases of More Than 25 Percent,” of the Standard
Specifications for bid item(s) No. 8, Edge Grinds, No. 80, Base Repair Allowance, and
No. 82, Lateral Replacement Allowance is deffered.
DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to Section 13-7.02 Street Sweeping
13-7.02C Construction
Street sweeping shall be performed 24 hours and 30 days after application of Type II
slurry seal. The Contractor must post streets for no parking during the 24 hour and 30
day street sweeping. The Contractor must submit a street sweeping schedule for approval
by the Engineer. Street sweeping must be done in a manner that street parking is
available within 600 ft from affected addresses, unless approved by the Engineer.
13-7.02D Payment
The lump sump item price for Street Sweeping shall include full compensation for
furnishing all labor, materials, tools, equipment, personnel, “No Parking” notices, door
hangers, and incidentals, and for doing all the work involved with Street Sweeping and
no additional compensation therefor.
15 EXISTING FACILITIES
Add to Section 15-2.02B Remove Pavement (AC Patch)
The outline of the area to be removed must be cut on a neat line with a power driven
diamond saw to a minimum depth of the existing asphalt concrete (see coring log
information) before removing all existing asphalt. As an alternate, the Contractor may use
a grinding device such as a “zipper” to remove the AC patch area. All areas of removal
must be cut as marked in the field and must be uniform in pattern (square, rectangle).
Paving is not to be done without the inspection of the Engineer.
A mechanical tamp is to be used for compacting the base or subgrade and bottom lifts of
the AC. A roller is to be used for the top lift of AC. Vibrating Plates are not allowed.
Any PCC to be used for pavement must be Class 1 mix per Engineering Standard 6040
General Note B to allow same day AC pave out and immediate traffic use. At each location
of roadway repair activity, removal and replacement of existing pavement materials are
to be performed on the same working day.
Additional AC path repair areas and extents may be identified by the Engineer. Pavement
repair locations must be field verified by the Engineer before the start of work. Pavement
restoration must comply with section 19 and 77.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
5
Add to Section 15-2.02B(2) Obliterate Roads, Detours, and Surfacing
Micro-milling must be utilized for bike lane and at existing curb ramps edge grinds
located in slurry pavement treatment. Micro-milling machines shall:
Be equipped with a micro-milling drum with tungsten-carbide-tipped cutting teeth spaced
no greater than ¼ inch apart on center. The configuration of the teeth shall be such that
the deviation in elevation between any 2 teeth does not exceed 1/16 inch.
Be capable of removing asphalt concrete pavement to a tolerance of +/- 1/8 inch.
Be equipped with an automatic grade control system operating in “profile” mode.
Micro-milling shall result in a grid-patterned textured pavement surface with longitudinal
ridges approximately the same distance apart as the cutting teeth. The ridges shall be
consistent in depth, width, and profile. The distance between the top of the ridge and the
adjacent valleys shall not exceed 1/8 inch.
Add to Section 15-2.02B(7) Payment
The linear feet price for Edge Grinds shall include full compensation for furnishing all
labor, materials, tools, equipment, personnel, and incidentals, and for doing all the work
involved with bike lane and at existing curb ramp edge grinds and no additional
compensation therefor.
Add to Section 15-2.02C(1) Remove Traffic Stripes and Pavement Markings
After existing traffic stripes and pavement markings have been removed, temporary
striping tabs must be installed and remain in place until slurry operations have begun.
DIVISION V SURFACINGS AND PAVEMENTS
37 BITUMINOUS SEALS
Add to Section 37-3.02A General
Slurry seal must be Type II. Use Polymer Modified Asphaltic Emulsion with 2% latex
additive.
Add to Section 37-3.03A General
Not all frames, covers, grates, or manholes are shown on the Plans. The Contractor is
responsible for examining the site of work. A submission of a bid is conclusive evidence
that the bidder has investigated the local conditions to be encountered.
Add to Section 37-3.03(D)(2)(a) General
Locations of bike lane edge grind are shown on the plans.
Payment shall be as described in Section 15-2.02B(7).
Replace Section 37-3.03D(4)(a)(i) General
Roll all seal material with a pneumatic tire roller, a minimum of three coverages, prior to
allowing traffic on the surfaced roads. After placement of seal material surfaced roads
must be opened to traffic no later than 3 hours after the seal material has been placed
SPECIAL PROVISIONS
SPECIAL PROVISIONS
6
and no later than 4:00 p.m. in the evening. Quantities of seal placed daily must be
adjusted to accommodate road-opening schedule.
A coverage must consist of the number of passes a roller needs to cover the width. A
pass must be 1 roller movement parallel to the slurry seal application in either direction.
Overlapping passes are part of the coverage being made and are not part of a subsequent
coverage. Do not start a coverage until completing the previous coverage.
Add to Section 37-3.03D(4)(b) Slurry Seal
Thru-traffic lanes must be spread in full lane widths only. Slurry seal must be spread at a
rate within the ranges shown in the following table for punds of dry aggregate per square
yard:
Slurry Seal Type Location Spread Rate
(lb of dry aggregate/ sq yd)
Type II1 Full Lane Width 14+/-1
Notes:
1. For slurry seal over asphalt concrete pavement.
During slurry seal operations, You are responsible for:
1. Verifying that the slurry seal emulsion being used will allow for rolling within the
specified time frame.
2. Adjusting the mixture for changes in weather conditions, as appropriate.
3. Sweeping the surface approximately 24 hours, 14 days, and 30 days after
placement and as directed by the Engineer. See section 13-7.02 Street Sweeping.
Sweeping in such a manner as to remove loosened or shed aggregate particles without
damaging the new surface.
39 ASPHALT CONCRETE
Add to Section 39-1.02B MATERIALS, Tack Coat
All vertical edges to be paved against shall be tack coated. These include, but are not
limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete
edges.
Add to Section 39-6 Payment
The contract price paid per square foot of AC path repairs shall include full compensation
for all labor, materials (including hot mix asphalt), tools, equipment and incidentals for
completing AC path repairs to the length, depth, and width shown on the plans. Work
includes, but is not limited to, saw-cutting, grinding, removal and disposal of existing
pavement, compaction of underlaying materials, tack coat, and placement and
compaction of asphalt.
DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Traffic Striping to be applied shall be per Caltrans Standard Plans 2018.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
7
Contractor shall install temporary reflective tape to crosswalks near schools and for
markings in speed bumps prior to opening to traffic.
New crosswalk markings shall not be installed until all crosswalk warning signage and
flashing beacon systems (if applicable) are installed and operational. Otherwise,
temporary signage must be installed to convey “CROSSWALK CLOSED” to the
satisfaction of the engineer.
Add to Section 84-1.04 Payment
Bike lane buffer is measured along the linear foot and accounts for all striping and cross
hatching regardless of width of buffer.
Green bike lane coating is measured by the square foot for the area applied.
Preformed thermoplastic will not be allowed.
Add to Section 84-6
84-6.01 Bike Lane Coating:
A durable epoxy modified, acrylic, water bourne coating specifically designed for
application on asphalt pavements, such as COLOR-SAFE® MMA, or approved equal*
shall be installed by manufacturer certified installer per manufacturer’s specifications and
as shown on the plans.
Bike lane coating shall conform to the following Federal Highway Administration (FHWA)
requirements for green painted bike lanes.
A. The daytime chromaticity coordinates for the color used for green colored pavement
shall be as follows:
1 2 3 4
X Y X Y X Y X Y
.230 .754 .266 .500 .367 .500 .444 .555
The daytime luminance factor (y) shall be at least 7, but no more than 35.
B. The nighttime chromaticity coordinates for the color used for green colored pavement
shal be as follows:
1 2 3 4
X Y X Y X Y X Y
.230 .754 .336 .540 .450 .500 .479 .520
Prior to installation the contractor shall submit a color sample and manufacturer
specifications indicating compliance with the FHWA requirements as indicated above.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
8
*Green Paint previously approved for City administered projects include: Ride-A-Way
acrylic coating and Color-Safe methyl methacrylate. City shall receive submittals of green
paint and approve prior to application.
Prior to installation of green bike lane coating, contractor is responsible for noticing
adjacent properties to provide advance warning of planned work and potential odors
during installation and while the coating cures.
84-6.01
Payment must comply with section 84-1.04.
DIVISION XIII APPENDICES
Add 100-1.01
Refer to Appendix A: Form of Agreement
Refer to Appendix B: Caltrans Encroachment Permit
Refer to Appendix C: Paving Areas Street Segment List
Refer to Appendix D: Paving Areas Map
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
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.
ATTEST: CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
__________________________________
Teresa Purrington, City Clerk Heidi Harmon, City Mayor
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: ____________________
APPENDIX
APPENDIX
3
APPENDIX B – CALTRANS ENCROACHMENT PERMIT
APPENDIX
APPENDIX
4
APPENDIX C – PAVING AREAS STREET SEGMENT LIST
STREET NAME FROM TO BID ITEM PAVING AREA
Higuera Street Nipomo Street Marsh Street Base Bid A
Marsh Street Nipomo Street Highuera Street Base Bid A
Higuera Street Pepper Street Santa Rosa Street Base Bid B
Marsh Street California Street Santa Rosa Street Based Bid B
Nipomo Street Buchon Street Leff Street Base Bid C
Johnson Avenue Phillips Lane Mill Street Add. Alt “A” D
Phillips Lane Johnson Avenue Pepper Street Add. Alt. “B” D
Pepper Street Phillips Lane Mill Street Add. Alt. “B" D
APPENDIX
APPENDIX
5
APPENDIX D – PAVING AREAS MAP