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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