HomeMy WebLinkAboutItem 6n. Authorization to award the Tank Farm Rd. and Orcutt Rd. Roundabout Project Item 6n
Department: Public Works
Cost Center: 5010
For Agenda of: 7/20/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Jennifer Rice, Transportation Planner/Engineer III
SUBJECT: AUTHORIZATION TO AWARD THE TANK FARM ROAD AND ORCUTT
ROAD ROUNDABOUT PROJECT, SPECIFICATION NUMBER 1000164
RECOMMENDATION
1. Award the construction contract for the Tank Farm Road and Orcutt Road
Roundabout, Specification Number 1000164 to Souza Engineering Contracting
Inc. DBA Souza Construction in the amount of $3,504,179; and
2. Authorize the City Manager to approve future construction contract change orders
in excess of $100,000, if within the project construction contingency budget of
$525,627.
DISCUSSION
Background
On June 1, 2021, the City Council authorized staff to advertise for construction bids for
the Tank Farm Road and Orcutt Road Roundabout (Attachment A) and to authorize the
City Manager to award the contract if the lowest responsible bid is below the Public ly
Disclosed Funding Amount of $3,477,710.
On July 1, 2021, two bids were received (Attachment B). Souza Engineering Contracting
Inc. had the lowest responsible bid of $3,504,175.88. As the total bid exceeds the
previously authorized amount of $3,477,710 by approximately $30,000, staff is returning
to City Council to request authorization to award the contract. Staff has evaluated the
bids and recommends award of the contract since the lowest responsive bid submitted
by a responsible contractor is within 0.8% of the Publicly Disclosed Funding Amount.
Previous Council or Advisory Body Action
On June 1, 2021, the City Council authorized staff to advertise for bids for the Tank Farm
Road and Orcutt Road Roundabout.
Policy Context
The City’s Purchasing Policy require the City Council to award a contract if the lowest
responsible bidder is over the previously authorize Council amount.
Page 1029 of 1183
Item 6n
Public Engagement
All public meetings noted above were properly noticed and held at the time in the manner
required by law. This staff report was published for public review one week prior to this
Council meeting date.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action of awarding the contract does not constitute a “Project”
under CEQA Guidelines Sec. 15378. The subject project, however, has been evaluated
and found to be consistent with the requirements of the Orcutt Area Specific Plan Final
Environmental Impact Report (FEIR) certified and adopted by the City Council on March
2, 2010, and the Initial Study/Mitigated Negative Declaration adopted by the City Council
on May 19, 2015 for the Righetti Ranch Vesting Tentative Map 3063.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Local Revenue
Measure
$916,310 $0 $0 $
SLCOG USHA
Grant
$994,670 $0 $0
SLOCOG RSHA
Grant
$370,000 $0 $0
Citywide TIF $2,603,596 $0 $0
Other:
Total $4,884,576 $0 $0 $
Page 1030 of 1183
Item 6n
Local Revenue
Measure Citywide TIF Citywide TIF Capital Outlay Capital Outlay
Construction Bid $453,614 $1,682,298.88 $3,596 $994,670 $370,000 $3,504,178.88
Contingencies $0 $525,626.83 $0 $0 $0 $525,626.83
Construction Costs $453,614 $2,207,926 $3,596 $994,670 $370,000 $4,029,805.71
Construction Management:$462,696 $137,304 $600,000
Const. Support (Design)$50,000 $50,000
Public Relations:$20,000 $20,000
Printing:$1,000 $1,000
Other Costs $462,696 $208,304 $0 $0 $0 $671,000
Total Project Costs $916,310 $2,416,230 $3,596 $994,670 $370,000 $4,700,805.71
Current Project Balance:$916,310 $2,600,000 $3,596 $994,670 $370,000 $4,884,576
Additional Funding:$0 $0 $0 $0 $0 $0Post Project Remaining
Balance:$0 $183,770 $0 $0 $0 $183,770.29
Orcutt/Tank Farm Roundabout, Specification No. 1000164
Regional
SHA (Grant)Project Total Costs
Urban SHA
(Grant)
2017-19
Financial
Plan
2019-21 Financial Plan
(1000164)
Total construction costs (low bid plus a contingency of 15% of the construction bid) is
$4,029,805.71. The current project balance is $4,884,576 which is sufficient budget to
cover the total project costs and have an estimated remaining balance of $183,770.29
after accounting for other related costs (i.e. construction management, construction
design support, communications, printing, etc.).
ALTERNATIVES
The City Council could deny the request to award the project. Staff does not
recommend this as this is a high priority transportation project and immediate delay to the
project could cause significant delay in that the project has jurisdictional seasonal working
windows that may be missed with further delay which would push the start of construction
into the Spring of 2022.
ATTACHMENTS
A – Council Agenda Report from June 1, 2021
B – Bid Results
C – Draft Agreement with Souza Engineering Contracting Inc.
Page 1031 of 1183
Page 1032 of 1183
Item 5d
Department: Public Works
Cost Center: 5010
For Agenda of: 6/1/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Jennifer Rice, Transportation Planner/Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE BIDS FOR THE ORCUTT/TANK
FARM ROUNDABOUT PROJECT, SPECIFICATION NUMBER 1000164
RECOMMENDATION
1. Approve plans and specifications for the Orcutt/Tank Farm Roundabout, Specification No.
1000164; and
2. Authorize staff to formally advertise for bids and for the City Manager to award the contract
if the lowest responsible bid is below the Publicly Disclosed Funding Amount of
$3,477,710; and
3. Authorize the City Manager to issue contract change orders in excess of $100,000 and up
to the Publicly Disclosed Funding Amount of $3,477,710; and
4. Authorize the City Manager to execute a Right -of-Way Dedication Agreement between the
City of San Luis Obispo and Barbara Parsons if the final agreement terms are to the
satisfaction of the Public Works Director and City Attorney; and
5. Authorize the City Manager to execute a Drainage Easement between the City of San Luis
Obispo and Barbara Parsons if the final agreement terms are to the satisfaction of the
Public Works Director and City Attorne y; and
6. Appropriate $1,364,670 in Regional an d Urban State Highway Account (SHA) grant
funding as provided by the San Luis Obispo Council of Governments (SLOCOG); and
7. Authorize the Finance Director to un -appropriate up to $735,866 in Citywide
Transportation Impact Fee (TIF) funds from the Orcutt/Tank Farm Roundabout project
account and return to the undesignated Citywide Transportation Impact Fee fund balance
at the time of project completion.
REPORT-IN-BRIEF
The purpose of this report is to request City Council authorization to approve the final
plans and specifications, appropriate USHA and RSHA grant funding to the project
account, and request authorization to advertise the construction of the Orcutt Tank Fa rm
Roundabout Project.
The existing side-street stop-controlled intersection of Orcutt Road and Tank Farm Road
currently operates below the City’s adopted level of service (LOS) thresholds, with lengthy
delays and vehicle queues during peak commute perio ds. Mitigation measures identified
in the Orcutt Area Specific Plan (OASP) Environmental Impact Report (EIR) require a
roundabout to be installed at the intersection of Orcutt and Tank Farm Road to address
these deficiencies.
Page 1033 of 1183
Item 5d
This high-priority transportation project supports the City’s Climate Action, Open Space
and Sustainable Transportation Major City Goal , as well as the City’s Major City Goal of
Housing and Homelessness, by providing the infrastructure needed to support housing
production within the Orcutt Area and improve mobility and safety for all road users. The
proposed roundabout will reduce vehicle congestion (and related emissions), reduce the
potential for severe traffic collisions, and improve pedestrian and bicycle connectivity to
Islay Park. This improvement is identified as a “Tier 1 Project” in the City’s Active
Transportation Plan.
Plans and specifications have been developed in accordance with the OASP, OASP EIR,
City Engineering Standards and previous Council and Advisory Body approva ls. This
request also includes a request to authorize the City Manager to execute the final right of
way dedication agreement necessary to proceed with construction of the roundabout.
As further discussed in the Fiscal Analysis Section, the total availab le project funding is
$4,884,576, which exceeds the total estimated project costs by $735,866.
DISCUSSION
Background
The OASP and EIR, adopted in 2010, identified various transportation infrastructure
upgrades necessary to support development of the OASP area, including significant
improvements to the intersection of Tank Farm Road and Orcutt Road. The OASP initially
recommended geometric modifications and installation of a traffic signal at Orcutt/Tank
Farm to improve traffic safety and operations. With adoption of the General Plan Land
Use and Circulation Elements (LUCE) in 2014, the City officially adopted a “roundabout
first” policy, prioritizing roundabouts as a first-priority solution where intersection control
upgrades are warranted. Roundabout s generally result in fewer injury collisions, lower
long-term maintenance costs, and reduced vehicle delays and emissions compared to
signalized traffic control.
Traffic volumes at the Tank Farm/Orcutt intersection have increased noticeably over the
past several years, particularly during the afternoon commute period as more and more
cross-county commuters appear to utilize Orcutt Road and Highway 227 as alternative
routes to Highway 101. Vehicle queues at the intersection frequently back up for several
hundred feet in the southbound direction as drivers wait for a gap to turn left from Orcutt
to eastbound Tank Farm Road, which further highlights the need for operational
improvements at this intersection. It should also be noted that installation of a round about
will provide dedicated crossings for bicyclists and pedestrians for Tank Farm Road,
improving multimodal connectivity between Islay Park and new neighborhoods to the
north.
Page 1034 of 1183
Item 5d
The plans and specifications for the Tank Farm/Orcutt Roundabout Project have been
developed by the City using design services from GHD. Plans and Specifications are
provided for reference as Attachment A and Attachment B, respectively. A vicinity map of
the project is provided in Figure 1 below and in Attachment E.
Figure 1: Project Vicinity Map
Prior to construction, additional right-of-way dedication is necessary from the adjacent
property owner on the northwest corner. The City has worked closely with the property
owner to provide a legal description for the dedic ation necessary to provide sufficient
right-of-way for constructing and maintaining the future roundabout. Attachment C is the
Right-of-Way Dedication Agreement that must be executed prior to any construction
activities.
Public Art Considerations
A roundabout public art program is included in the proposed 2021 -23 Financial Plan
Capital Improvement Plan. While the current roundabout design does not include public
art, it has been designed to accommodate public art installations within the center island
after construction.
Page 1035 of 1183
Item 5d
Previous Council or Advisory Body Action
Per the California Government Code Section 65402 , the Planning Commission held
public hearings on March 25, 2015 and April 8, 2015 to reviewed and approve a Vesting
Tentative Tract Map for Righetti Ranch finding consistency with the General Plan for the
subdivision map, inclusive of all adopted mitigation measures and approved conditions of
approval. (Reference Resolution 10619). This approval included a condition that the
Applicant provide right-of way as necessary for a roundabout or traffic signal at the
intersection of Orcutt Road and Tank Farm Road.
On January 10, 2018, the Planning Commission held a public hearing to review and
approve amendments to the mitigation measures and conditions of approval for Righetti
Ranch which included a condition that the subdivider acquire and dedicate the necessary
right-of-way for a roundabout at Orcutt Road and Tank Farm Road. (Reference
Resolution 10861.)
Policy and Regulatory Context
General Plan Circulation Element Policy 7.1.2 states that where feasible, roundabouts
shall be the City’s preferred intersection control alternative due to the vehicle speed
reduction, safety and operational benefits of a roundabout.1 Improvements to the
Orcutt/Tank Farm intersection are identified in the City’s General Plan Circulation
Element, Orcutt Area Specific Plan, and Active Transportation Plan. The proposed
roundabout design is consistent with these plans and policies.
Public Engagement
General Public Engagement
All public meetings related to the previously approved General Plan Circulation Element
Update, Orcutt Area Specific Plan and Active Transportation Plan were properly noticed
and held at the time and in the manner requ ired by law. In addition, this staff report was
published for public review one week prior to this Council meeting date and noticed
consistent with the City’s 2015 Public Engagement and Noticing Manual. As described
below, this project includes a communications component and frequent updates on its
status including phasing and traffic handling will be provided to the public via all City
communications channels.
Construction Phasing & Traffic Handling
Reconstruction of existing high-traffic intersections is inherently challenging and
disruptive to traffic circulation—this is particularly true for roundabout projects, which often
require manually flagging traffic through the intersection one direction at a time. This was
certainly the case during recent construction of the Tank Farm/Righetti Ranch Road
roundabout, which resulted in lengthy delays to drivers for nearly a full year.
1 City of San Luis Obispo General Plan Circulation Element, available online:
https://www.slocity.org/home/showpublisheddocument?id=20412
Page 1036 of 1183
Item 5d
The need to retain full traffic access for all intersection approaches a lso adds significant
complexity for construction crews, lengthens construction schedules, and adds to the total
traffic control and construction costs for roundabout projects.
For the Orcutt/Tank Farm Roundabout project, staff is proposing a constructio n phasing
and traffic handling strategy in order to allow the contractor to construct the improvements
more efficiently, which reduces the total cost and overall construction duration by several
months. The proposed construction staging and traffic detour plan is summarized below
and illustrated within the maps in Attachment E:
a. Temporary Tank Farm Road Closure: Tank Farm Road just west of the Tank
Farm/Orcutt intersection will be temporarily closed to vehicular through traffic for
approximately 70 days. A temporary roadway bypass or “shoe-fly” will be provided
just east of the Tank Farm/Orcutt intersection to maintain access for southbound -
to-eastbound and westbound-to-northbound vehicle traffic. Vehicular access to the
Islay Park parking lot will be temporarily closed to non-maintenance vehicles, while
temporary on-street parking for the park will be provided along Tank Farm Road.
b. Temporary Orcutt Road Closure: Orcutt Road just north of the Tank Farm/Orcutt
intersection will be temporarily closed to vehicular through traffic for approximately
40 days. East/west vehicular traffic will be restored, as well as vehicular access to
Islay Park.
c. Detour Routes: Vehicular detour routes have been identified based on the
recommendations of a detailed construction traffic operations analysis. These
routes are shown in Attachment E and will be communicated via signage and
public noticing in advance of the temporary street closures. All efforts will be made
to maintain some form of pedestrian, bicycle, and emergency vehicle access,
including to Islay Park. As recommended in the construction traffic operations
analysis, traffic signal timings will be temporarily adjusted along detour routes to
reduce delays during construction.
d. Neighborhood Cut-Through Concerns: Signage and public noticing will be
provided in an effort to minimize potential cut-through traffic through the residential
neighborhoods south of Tank Farm Road and through the new Orcutt Area street
network north of Tank Farm Road.
The project budget, as described in detail in the Fiscal Impact section below, includes
funds for staff to utilize a professional public relations firm to assist with public
communications and noticing regarding construction schedules, traffic deto urs, and City
contact information for questions. This approach, utilizing both the City’s Communications
Coordinator and external public relations expertise was extremely effective with the
recently completed Marsh Street Bridge Replacement Project and sta ff believes this will
be an effective approach for this complex endeavor.
Page 1037 of 1183
Item 5d
The public communications strategy will target not only local residents , transit operators
and emergency response providers, but also regional commuters who will also be
affected by temporary construction detours.
CONCURRENCE
The Community Development and Utilities Departments have reviewed and concur with
this recommendation.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and its Final Environmental Impact Report (EIR) were
approved and certified in March 2010. The Land Use and Circulation Element and Final
EIR were certified September 2014, and include Policy 7.02 stating that where feasible,
roundabouts shall be the City’s preferred intersection control alternative . The Righetti
Ranch development project (Vesting Tentative Tract Map 3603) was analyzed in a
project-specific, tiered, Initial Study/Mitigated Negative Declaration and was adopted on
May 19, 2015. On February 6, 2018 the City Council considered and approved
amendments to specified mitigation measures and conditions of approval, which included,
but was not limited to, a requirement for the design and construction of the Orcutt/Tank
Farm roundabout (MOD-1220-2017). The Council made a finding that the propos ed
mitigation measure amendments are consistent with the requirements of the Orcutt Area
Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by the City
Council on March 2, 2010, and the Initial Study/Mitigated Negative Declaration adopted
by the City Council on May 19, 2015 for the Righetti Ranch Vesting Tentative Map 3063.
The proposed plans and specifications for the Orcutt Tank Farm Roundabout and Right
of Way Dedication Agreement are consistent with previous approvals and Cali fornia
Environmental Quality Act (CEQA) Findings because these actions would implement
mitigation measures as required by the adopted Mitigation Monitoring and Reporting
Program (MMRP) for the Righetti Ranch development plan, which considered
construction of the roundabout. All construction activities are subject to compliance with
all adopted mitigation measures. Therefore, no additional environmental review is
required for this action.
Jurisdictional permits from the California Department of Fish and Wi ldlife and the
Regional Quality Control Board are required for roundabout construction activities that
encroach within a small creek adjacent to the Tank Farm/Orcutt intersection. City is in the
final stages of securing these permits, which are anticipated to be finalized by June 2021,
prior to advertising the project for construction.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Page 1038 of 1183
Item 5d
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Local Revenue
Measure
$916,310 $916,310 $0 $
SLCOG USHA
Grant
$994,670 $994,670 $0
SLOCOG RSHA
Grant
$370,000 $370,000 $0
Citywide TIF $2,603,596 $1,711,992 $888,008
Other:
Total $4,884,576 $4,148,710 $735,866 $
Local Revenue
Measure Citywide TIF Citywide TIF Capital Outlay Capital Outlay
Engineer Estimate:$453,614 $1,202,216 $3,596 $994,670 $370,000 $3,024,096
Contingencies $0 $453,614 $0 $0 $0 $453,614
Construction Costs $453,614 $1,655,830 $3,596 $994,670 $370,000 $3,477,710
Construction Management:$462,696 $137,304 $600,000
Const. Support (Design)$50,000 $50,000
Public Relations:$20,000 $20,000
Printing:$1,000 $1,000
Other Costs $462,696 $208,304 $0 $0 $0 $671,000
Total Project Costs $916,310 $1,864,134 $3,596 $994,670 $370,000 $4,148,710
Current Project Balance:$916,310 $2,600,000 $3,596 $994,670 $370,000 $4,884,576
Additional Funding:$0 $0 $0 $0 $0 $0Post Project Remaining
Balance:$0 $735,866 $0 $0 $0 $735,866
Orcutt/Tank Farm Roundabout, Specification No. 1000164
Regional
SHA (Grant)Project
Total Costs
Urban SHA
(Grant)
2017-19
Financial
Plan
2019-21 Financial Plan
(1000164)
Total project costs are estimated at $4,148,710, including construction costs, construction
contingencies, and construction support costs (construction management, design
construction support, materials testing, public relations support, etc.). The current project
funding balance is $3,519,906, comprised of Local Revenue Measure and Citywide
Transportation Impact Fee (TIF) funds programmed in the 2017-19 and 2019-21 Financial
Plans. Staff is requesting Council authorization to appropriate an additional $1,364,670
in Regional and Urban State Highway Account (SHA) grant funds, as administered by
SLOCOG. See Attachment F for details on the City’s current cooperative agreement with
SLOCOG, including current RSHA and USHA fund apportionments by project.
With appropriation of the SLOCOG grant funds, the total project funding equals
$4,884,576, which exceeds the total estimated project costs by $735,866. Staff
recommends the deprogramming of any excess citywide TIF funds following project
completion, returning them to the undesignated citywide TIF fund balance.
Page 1039 of 1183
Item 5d
ALTERNATIVES
The City Council could deny the request to advertise the project. Staff does not
recommend this as this is a high priority transportation project and is needed to support
additional housing production within the Orcutt Area.
ATTACHMENTS
A – Orcutt/Tank Farm Roundabout Plans
B – Orcutt/Tank Farm Roundabout Specifications
C – Draft Right of Way Dedication Agreement with Barbara Parsons
D – Draft Drainage Easement Agreement with Barbara Parsons
E – Construction Detour Maps
F – Cooperative Agreement with SLOCOG
Page 1040 of 1183
Project: Tank Farm Road and Orcutt Road Roundabout Spec.No.: 1000164 Bid Opening: July 1, 2021
‐
Pre‐job:
Souza Construction R. Burke Construction
BID ITEM & DESCRIPTION
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
No. ITEM UNIT QUAN PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
1 Jurisdictional Permits Compliance LS 1 3,400.00$ 3,400.00$ 35,000.00$ 35,000.00$ 00000
2 Progress Schedule (Critial Path Method) LS 1 2,300.00$ 2,300.00$ 15,000.00$ 15,000.00$ 00000
3 Temporary Traffic Control LS 1 21,000.00$ 21,000.00$ 163,000.00$ 163,000.00$ 0
4 Type III Barricade EA 2 121.00$ 242.00$ 100.00$ 200.00$ 0
5 Channelizer (Surface Mounted) EA 229 34.18$ 7,827.22$ 35.00$ 8,015.00$ 0
6 Temporary Traffic Stripe LF 14,157 3.31$ 46,859.67$ 1.40$ 19,819.80$ 0
7 Temporary Railing (Type K) LF 2,500 24.00$ 60,000.00$ 20.00$ 50,000.00$ 00000
8 Alternative Temporary Crash Cushion EA 3 3,583.29$ 10,749.87$ 5,000.00$ 15,000.00$ 0
9 Construction Area Signs LS 1 16,538.25$ 16,538.25$ 20,000.00$ 20,000.00$ 0
10 Portable Changeable Message Sign EA 3 11,000.00$ 33,000.00$ 6,000.00$ 18,000.00$ 0
11 Prepare and Implement Storm Water Pollution Prevention Plan LS 1 16,000.00$ 16,000.00$ 45,000.00$ 45,000.00$ 0
12 Temporary Erosion Control LS 1 33,599.33$ 33,599.33$ 7,500.00$ 7,500.00$ 0
13 Adjust Gas Valve to Grade (City Std 6040) EA 2 635.00$ 1,270.00$ 1,000.00$ 2,000.00$ 0
14 Adjust Communication Manhole to Grade (City Std 9030) EA 1 1,332.00$ 1,332.00$ 1,600.00$ 1,600.00$ 0
15 Modify Existing Tank Farm Road Culvert LS 1 26,000.00$ 26,000.00$ 50,000.00$ 50,000.00$ 0
16 Roadway Excavation (F) CY 5,838 46.00$ 268,548.00$ 63.00$ 367,794.00$ 0
17 Basin Excavation CY 5,192 15.00$ 77,880.00$ 28.00$ 145,376.00$ 0
18 Structure Backfill (Headwalls) CY 345 116.00$ 40,020.00$ 130.00$ 44,850.00$ 0
19 Planting LS 1 36,000.00$ 36,000.00$ 110,000.00$ 110,000.00$ 0
20 Plant Establishment Work MONTH 12 599.00$ 7,188.00$ 4,200.00$ 50,400.00$ 0
21 Wood Chip Mulch CY 161 81.00$ 13,041.00$ 80.00$ 12,880.00$ 0
22 Irrigation LS 1 35,000.00$ 35,000.00$ 95,000.00$ 95,000.00$ 0
23 Gravel Mulch (1.5" Diameter Gravel) CY 2 980.00$ 1,960.00$ 90.00$ 180.00$ 0
24 Topsoil Backfill CY 1,300 78.00$ 101,400.00$ 55.00$ 71,500.00$ 0
25 Hydroseed SQFT 25,634 0.17$ 4,357.78$ 0.12$ 3,076.08$ 0
26 Hydromulch SQFT 30,043 0.11$ 3,304.73$ 0.08$ 2,403.44$ 0
27 Imported Biofiltration Soil CY 479 85.50$ 40,954.50$ 88.00$ 42,152.00$ 0
28 Erosion Control (Dry Seed) SQFT 4,409 0.42$ 1,851.78$ 0.40$ 1,763.60$ 0
29 Rolled Erosion Control Product (blanket) SQFT 8,214 0.82$ 6,735.48$ 1.20$ 9,856.80$ 0
30 Compost SQFT 8,214 0.68$ 5,585.52$ 0.90$ 7,392.60$ 0
31 Class 3 Aggregate Base CY 427 188.00$ 80,276.00$ 140.00$ 59,780.00$ 0
32 Class 2 Aggregate Base CY 3,826 73.00$ 279,298.00$ 70.00$ 267,820.00$ 0
33 Slurry Seal (Type II) SQFT 10,123 3.30$ 33,405.90$ 2.70$ 27,332.10$ 0
34 Temporary Hot Mix Asphalt (Type A) TON 300 218.00$ 65,400.00$ 170.00$ 51,000.00$ 0
35 Hot Mix Asphalt (Type A) TON 2,503 128.00$ 320,384.00$ 130.00$ 325,390.00$ 0
36 6" Asphalt Berm (City Std 7120) LF 845 13.00$ 10,985.00$ 10.00$ 8,450.00$ 0
37 Structural Concrete ‐ Box Culvert (Orcutt Road Box Culvert Extension) CY 15 5,520.00$ 82,800.00$ 3,100.00$ 46,500.00$ 0
38 Structural Concrete ‐ Wingwall (Orcutt Road Box Culvert Extension) CY 15 3,370.00$ 50,550.00$ 3,500.00$ 52,500.00$ 0
39 Structural Concrete ‐ Headwall (Orcutt Road Box Culvert Extension) CY 2 2,800.00$ 5,600.00$ 4,500.00$ 9,000.00$ 0
40 Structural Concrete ‐ Retaining Wall (Orcutt Road Driveway Culvert ModificatCY 62 1,800.00$ 111,600.00$ 3,100.00$ 192,200.00$ 0
41 Remove Existing Orcutt Road Culvert Headwall CY 8 950.00$ 7,600.00$ 700.00$ 5,600.00$ 0
42 Partial Existing Orcutt Road Box Culvert Removal LS 1 6,400.00$ 6,400.00$ 10,000.00$ 10,000.00$ 0
43 Rock Slope Protection Fabric (Class 8) SQYD 52 16.00$ 832.00$ 15.00$ 780.00$ 0
44 Concreted ‐ Rock Slope Protection (1/4 T, Method B) CY 52 261.00$ 13,572.00$ 250.00$ 13,000.00$ 0
45 Remove Concrete Curb LF 187 5.00$ 935.00$ 12.00$ 2,244.00$ 0
46 Remove Concrete Curb & Gutter LF 719 5.25$ 3,774.75$ 10.00$ 7,190.00$ 0
47 Remove Concrete Sidewalk (Full Structural Depth) SQFT 4,764 1.70$ 8,098.80$ 4.30$ 20,485.20$ 0
48 Raised Cobblestone Median (City Std 4940) SQFT 561 47.50$ 26,647.50$ 12.00$ 6,732.00$ 0
49 Minor Concrete (City Std 4020 Curb) LF 2,847 42.00$ 119,574.00$ 39.00$ 111,033.00$ 0
50 Minor Concrete (Caltrans Type D4 Curb) LF 500 50.00$ 25,000.00$ 43.00$ 21,500.00$ 0
51 Minor Concrete (Truck Apron Type 2 Curb) LF 300 295.00$ 88,500.00$ 46.00$ 13,800.00$ 0
52 Detectable Warning Surface (City Std 4440) SQFT 425 40.00$ 17,000.00$ 32.00$ 13,600.00$ 0
53 Minor Concrete (City Std 4030 Curb & Gutter) LF 1,984 45.00$ 89,280.00$ 40.00$ 79,360.00$ 0
54 Minor Concrete (Modified City Std 4030 Curb & Gutter) LF 268 67.75$ 18,157.00$ 37.00$ 9,916.00$ 0
55 Minor Concrete (Driveway) SQFT 368 24.00$ 8,832.00$ 18.00$ 6,624.00$ 0
56 Minor Concrete (Sidewalk) SQFT 14,376 9.50$ 136,572.00$ 10.00$ 143,760.00$ 0
57 Minor Concrete (Stamped PCC) SQFT 6,499 16.00$ 103,984.00$ 12.00$ 77,988.00$ 0
58 Minor Concrete (Textured Truck Apron / Truck Blister) SQFT 3,112 30.00$ 93,360.00$ 25.00$ 77,800.00$ 0
59 Beehive Grate EA 1 1,575.00$ 1,575.00$ 5,600.00$ 5,600.00$ 0
60 Reset Centerline Monuments EA 6 1,183.00$ 7,098.00$ 1,000.00$ 6,000.00$ 0
61 Clearing and Grubbing LS 1 12,000.00$ 12,000.00$ 100,000.00$ 100,000.00$ 0
62 Pavement Repair (Surface Restoration) SQYD 113 41.00$ 4,633.00$ 130.00$ 14,690.00$ 0
63 Remove Asphalt Berm LF 850 4.00$ 3,400.00$ 4.00$ 3,400.00$ 0
64 8" DIP Main (Recycled Water) LF 771 115.00$ 88,665.00$ 160.00$ 123,360.00$ 0
65 Relocate 6" Lateral LF 62 252.00$ 15,624.00$ 95.00$ 5,890.00$ 0
66 Remove Recycled Water Hydrant, Tee Connection and Lateral EA 1 4,500.00$ 4,500.00$ 1,000.00$ 1,000.00$ 0
67 Abandon Lateral and Blowoff (City Std 6050) EA 3 903.00$ 2,709.00$ 1,000.00$ 3,000.00$ 0
68 Adjust Water Meter EA 3 696.00$ 2,088.00$ 750.00$ 2,250.00$ 0
69 Adjust Water Valve to Grade EA 10 772.00$ 7,720.00$ 850.00$ 8,500.00$ 0
70 Relocate Fire Hydrant (City Std 6310) EA 1 4,000.00$ 4,000.00$ 5,500.00$ 5,500.00$ 0
71 Recycled Water Hydrant Assembly (City Std 6315) LS 1 11,250.00$ 11,250.00$ 4,400.00$ 4,400.00$ 0
72 Adjust Sewer Manhole to Grade EA 5 1,448.00$ 7,240.00$ 1,700.00$ 8,500.00$ 0
73 Abandon Sewer Lateral and Cleanout (City Std 6050) EA 1 903.00$ 903.00$ 1,000.00$ 1,000.00$ 0
74 18" HDPE Pipe LF 16 180.00$ 2,880.00$ 110.00$ 1,760.00$ 0
75 12" Reinforced Concrete Pipe (Class III) LF 395 133.00$ 52,535.00$ 130.00$ 51,350.00$ 0
76 18" Reinforced Concrete Pipe (Class III) LF 241 161.00$ 38,801.00$ 160.00$ 38,560.00$ 0
77 12" Concrete Flared End Section EA 1 1,700.00$ 1,700.00$ 1,800.00$ 1,800.00$ 0
78 18" Concrete Flared End Section EA 1 2,800.00$ 2,800.00$ 2,100.00$ 2,100.00$ 0
79 4" Perforated Plastic Pipe Underdrain, Cleanouts, and 45 Degree Wyes LS 1 7,600.00$ 7,600.00$ 7,000.00$ 7,000.00$ 0
80 48" Storm Drain Manhole (City Std 3520) EA 3 9,200.00$ 27,600.00$ 8,000.00$ 24,000.00$ 0
81 Catch Basin (City Std 3355) EA 5 13,000.00$ 65,000.00$ 15,000.00$ 75,000.00$ 0
82 Catch Basin with Extended Side Opening (City Std 3355 & 3360) EA 2 21,000.00$ 42,000.00$ 18,000.00$ 36,000.00$ 0
83 Drainage Inlet Marker EA 7 250.00$ 1,750.00$ 100.00$ 700.00$ 0
84 Utility Area Catch Basin, Medium Duty 24" X 10" EA 1 1,400.00$ 1,400.00$ 5,000.00$ 5,000.00$ 0
85 Filterra Offline System LS 1 79,000.00$ 79,000.00$ 90,000.00$ 90,000.00$ 0
86 Remove Wire Fence LF 1,044 8.00$ 8,352.00$ 9.00$ 9,396.00$ 0
87 Rail Fence (City Std 9050) LF 242 45.00$ 10,890.00$ 53.00$ 12,826.00$ 0
88 Pavement Marker (Retroreflective) EA 167 9.00$ 1,503.00$ 9.00$ 1,503.00$ 0
89 Furnish Single Sheet Aluminum Sign (0.063"‐Unframed) SQFT 299 18.00$ 5,382.00$ 18.00$ 5,382.00$ 0
90 Furnish Single Sheet Aluminum Sign (0.080"‐Unframed) SQFT 32 19.00$ 608.00$ 20.00$ 640.00$ 0
91 Furnish Single Sheet Aluminum Sign (0.063"‐Framed) SQFT 16 25.00$ 400.00$ 26.00$ 416.00$ 0
92 Roadside Sign ‐ One Post (City Std 7210) EA 33 270.00$ 8,910.00$ 275.00$ 9,075.00$ 0
93 Roadside Sign ‐ Two Post (City Std 7210) EA 4 358.00$ 1,432.00$ 365.00$ 1,460.00$ 0
94 Install Sign (Strap and Saddle Bracket Method) EA 6 137.00$ 822.00$ 140.00$ 840.00$ 0
95 Object Marker EA 3 93.00$ 279.00$ 95.00$ 285.00$ 0
96 Relocate Roadside Sign‐One Post EA 4 159.00$ 636.00$ 165.00$ 660.00$ 0
97 Remove Roadside Sign EA 9 83.00$ 747.00$ 120.00$ 1,080.00$ 0
98 Reclaimed Water Sign EA 12 192.00$ 2,304.00$ 200.00$ 2,400.00$ 0
99 Midwest Guardrail System LF 90 71.00$ 6,390.00$ 84.00$ 7,560.00$ 0
100 Flared Terminal System End Treatment EA 2 5,700.00$ 11,400.00$ 6,800.00$ 13,600.00$ 0
101 Cable Railing LF 60 29.00$ 1,740.00$ 35.00$ 2,100.00$ 0
102 Remove Guardrail LF 246 8.00$ 1,968.00$ 9.00$ 2,214.00$ 0
103 6" Thermoplastic Traffic Stripe LF 6,849 2.20$ 15,067.80$ 0.68$ 4,657.32$ 0
104 8" Thermoplastic Traffic Stripe LF 50 2.20$ 110.00$ 3.40$ 170.00$ 0
105 Thermoplastic Pavement Marking SQFT 1,528 4.50$ 6,876.00$ 5.50$ 8,404.00$ 0
106 Lighting System LS 1 128,000.00$ 128,000.00$ 135,000.00$ 135,000.00$ 0
107 Solar Flashing Beacon System LS 1 30,000.00$ 30,000.00$ 40,000.00$ 40,000.00$ 0
108 Temporary Fence (Estimated) LF 350 13.00$ 4,550.00$ 15.00$ 5,250.00$ 0
109 Gate EA 1 1,800.00$ 1,800.00$ 2,000.00$ 2,000.00$ 0
110 Rail Fence (City Std 9050) with 3‐Strand Barb Wire LF 475 53.00$ 25,175.00$ 62.00$ 29,450.00$ 0
TOTAL: 3,504,175.88$ 3,998,871.94$
Page 1041 of 1183
Page 1042 of 1183
AGREEMENT
AGREEMENT
1
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 SOUZA ENGINEERING CONTRACTING,
INC. DBA SOUZA CONSTRUCTION (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
TANK FARM ROAD AND ORCUTT ROAD ROUNDABOUT, SPECIFICATION NO.
1000164
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. Jurisdictional Permits
Compliance
LS 1 $3,400.00 $3,400.00
2. Progress Schedule (Critial
Path Method)
LS 1 $2,300.00 $2,300.00
3. Temporary Traffic Control LS 1 $21,000.00 $21,000.00
4. Type III Barricade EA 2 $121.00 $242.00
5. Channelizer (Surface
Mounted)
EA 229 $34.18 $7,827.22
6. Temporary Traffic Stripe LF 14,157 $3.31 $46,859.67
7. Temporary Railing (Type K) LF 2,500 $24.00 $60,000.00
Page 1043 of 1183
AGREEMENT
AGREEMENT
2
8. Alternative Temporary Crash
Cushion
EA 3 $3,583.29 $10,749.87
9. Construction Area Signs LS 1 $16,538.25 $16,538.25
10. Portable Changeable
Message Sign
EA 3 $11,000.00 $33,000.00
11. Prepare and Implement Storm
Water Pollution Prevention
Plan
LS 1 $16,000.00 $16,000.00
12. Temporary Erosion Control LS 1 $33,599.33 $33,599.33
13. Adjust Gas Valve to Grade
(City Std 6040)
EA 2 $635.00 $1,270.00
14. Adjust Communication
Manhole to Grade (City Std
9030)
EA 1 $1,332.00 $1,332.00
15. Modify Existing Tank Farm
Road Culvert
LS 1 $26,000.00 $26,000.00
16. Roadway Excavation (F) CY 5,838 $46.00 $268,548.00
17. Basin Excavation CY 5,192 $15.00 $77,880.00
18. Structure Backfill (Headwalls) CY 345 $116.00 $40,020.00
19. Planting LS 1 $36,000.00 $36,000.00
20. Plant Establishment Work MONTH 12 $599.00 $7,188.00
21. Wood Chip Mulch CY 161 $81.00 $13,041.00
22. Irrigation LS 1 $35,000.00 $35,000.00
23. Gravel Mulch (1.5" Diameter
Gravel)
CY 2 $980.00 $1,960.00
24. Topsoil Backfill CY 1,300 $78.00 $101,400.00
25. Hydroseed SQFT 25,634 $0.17 $4,357.78
26. Hydromulch SQFT 30,043 $0.11 $3,304.73
27. Imported Biofiltration Soil CY 479 $85.50 $40,954.50
28. Erosion Control (Dry Seed) SQFT 4,409 $0.42 $1,851.78
29. Rolled Erosion Control
Product (blanket)
SQFT 8,214 $0.82 $6,735.48
30. Compost SQFT 8,214 $0.68 $5,585.52
31. Class 3 Aggregate Base CY 427 $188.00 $80,276.00
32. Class 2 Aggregate Base CY 3,826 $73.00 $279,298.00
33. Slurry Seal (Type II) SQFT 10,123 $3.30 $33,405.90
Page 1044 of 1183
AGREEMENT
AGREEMENT
3
34. Temporary Hot Mix Asphalt
(Type A)
TON 300 $218.00 $65,400.00
35. Hot Mix Asphalt (Type A) TON 2,503 $128.00 $320,384.00
36. 6" Asphalt Berm (City Std
7120)
LF 845 $13.00 $10,985.00
37. Structural Concrete - Box
Culvert (Orcutt Road Box
Culvert Extension)
CY 15 $5,520.00 $82,800.00
38. Structural Concrete - Wingwall
(Orcutt Road Box Culvert
Extension)
CY 15 $3,370.00 $50,550.00
39. Structural Concrete -
Headwall (Orcutt Road Box
Culvert Extension)
CY 2 $2,800.00 $5,600.00
40. Structural Concrete -
Retaining Wall (Orcutt Road
Driveway Culvert
Modification)
CY 62 $1,800.00 $111,600.00
41. Remove Existing Orcutt Road
Culvert Headwall
CY 8 $950.00 $7,600.00
42. Partial Existing Orcutt Road
Box Culvert Removal
LS 1 $6,400.00 $6,400.00
43. Rock Slope Protection Fabric
(Class 8)
SQYD 52 $16.00 $832.00
44. Concreted - Rock Slope
Protection (1/4 T, Method B)
CY 52 $261.00 $13,572.00
45. Remove Concrete Curb LF 187 $5.00 $935.00
46. Remove Concrete Curb &
Gutter
LF 719 $5.25 $3,774.75
47. Remove Concrete Sidewalk
(Full Structural Depth)
SQFT 4,764 $1.70 $8,098.80
48. Raised Cobblestone Median
(City Std 4940)
SQFT 561 $47.50 $26,647.50
49. Minor Concrete (City Std 4020
Curb)
LF 2,847 $42.00 $119,574.00
50. Minor Concrete (Caltrans
Type D4 Curb)
LF 500 $50.00 $25,000.00
51. Minor Concrete (Truck Apron
Type 2 Curb)
LF 300 $295.00 $88,500.00
52. Detectable Warning Surface
(City Std 4440)
SQFT 425 $40.00 $17,000.00
Page 1045 of 1183
AGREEMENT
AGREEMENT
4
53. Minor Concrete (City Std 4030
Curb & Gutter)
LF 1,984 $45.00 $89,280.00
54. Minor Concrete (Modified City
Std 4030 Curb & Gutter)
LF 268 $67.75 $18,157.00
55. Minor Concrete (Driveway) SQFT 368 $24.00 $8,832.00
56. Minor Concrete (Sidewalk) SQFT 14,376 $9.50 $136,572.00
57. Minor Concrete (Stamped
PCC)
SQFT 6,499 $16.00 $103,984.00
58. Minor Concrete (Textured
Truck Apron / Truck Blister)
SQFT 3,112 $30.00 $93,360.00
59. Beehive Grate EA 1 $1,575.00 $1,575.00
60. Reset Centerline Monuments EA 6 $1,183.00 $7,098.00
61. Clearing and Grubbing LS 1 $12,000.00 $12,000.00
62. Pavement Repair (Surface
Restoration)
SQYD 113 $41.00 $4,633.00
63. Remove Asphalt Berm LF 850 $4.00 $3,400.00
64. 8" DIP Main (Recycled Water) LF 771 $115.00 $88,665.00
65. Relocate 6" Lateral LF 62 $252.00 $15,624.00
66. Remove Recycled Water
Hydrant, Tee Connection and
Lateral
EA 1 $4,500.00 $4,500.00
67. Abandon Lateral and Blowoff
(City Std 6050)
EA 3 $903.00 $2,709.00
68. Adjust Water Meter EA 3 $696.00 $2,088.00
69. Adjust Water Valve to Grade EA 10 $772.00 $7,720.00
70. Relocate Fire Hydrant (City
Std 6310)
EA 1 $4,000.00 $4,000.00
71. Recycled Water Hydrant
Assembly (City Std 6315)
LS 1 $11,250.00 $11,250.00
72. Adjust Sewer Manhole to
Grade
EA 5 $1,448.00 $7,240.00
73. Abandon Sewer Lateral and
Cleanout (City Std 6050)
EA 1 $903.00 $903.00
74. 18" HDPE Pipe LF 16 $180.00 $2,880.00
75. 12" Reinforced Concrete Pipe
(Class III)
LF 395 $133.00 $52,535.00
76. 18" Reinforced Concrete Pipe
(Class III)
LF 241 $161.00 $38,801.00
Page 1046 of 1183
AGREEMENT
AGREEMENT
5
77. 12" Concrete Flared End
Section
EA 1 $1,700.00 $1,700.00
78. 18" Concrete Flared End
Section
EA 1 $2,800.00 $2,800.00
79. 4" Perforated Plastic Pipe
Underdrain, Cleanouts, and
45 Degree Wyes
LS 1 $7,600.00 $7,600.00
80. 48" Storm Drain Manhole (City
Std 3520)
EA 3 $9,200.00 $27,600.00
81. Catch Basin (City Std 3355) EA 5 $13,000.00 $65,000.00
82. Catch Basin with Extended
Side Opening (City Std 3355 &
3360)
EA 2 $21,000.00 $42,000.00
83. Drainage Inlet Marker EA 7 $250.00 $1,750.00
84. Utility Area Catch Basin,
Medium Duty 24" X 10"
EA 1 $1,400.00 $1,400.00
85. Filterra Offline System LS 1 $79,000.00 $79,000.00
86. Remove Wire Fence LF 1,044 $8.00 $8,352.00
87. Rail Fence (City Std 9050) LF 242 $45.00 $10,890.00
88. Pavement Marker
(Retroreflective)
EA 167 $9.00 $1,503.00
89. Furnish Single Sheet
Aluminum Sign (0.063"-
Unframed)
SQFT 299 $18.00 $5,382.00
90. Furnish Single Sheet
Aluminum Sign (0.080"-
Unframed)
SQFT 32 $19.00 $608.00
91. Furnish Single Sheet
Aluminum Sign (0.063"-
Framed)
SQFT 16 $25.00 $400.00
92. Roadside Sign - One Post
(City Std 7210)
EA 33 $270.00 $8,910.00
93. Roadside Sign - Two Post
(City Std 7210)
EA 4 $358.00 $1,432.00
94. Install Sign (Strap and Saddle
Bracket Method)
EA 6 $137.00 $822.00
95. Object Marker EA 3 $93.00 $279.00
96. Relocate Roadside Sign-One
Post
EA 4 $159.00 $636.00
97. Remove Roadside Sign EA 9 $83.00 $747.00
Page 1047 of 1183
AGREEMENT
AGREEMENT
6
98. Reclaimed Water Sign EA 12 $192.00 $2,304.00
99. Midwest Guardrail System LF 90 $71.00 $6,390.00
100. Flared Terminal System End
Treatment
EA 2 $5,700.00 $11,400.00
101. Cable Railing LF 60 $29.00 $1,740.00
102. Remove Guardrail LF 246 $8.00 $1,968.00
103. 6" Thermoplastic Traffic Stripe LF 6,849 $2.20 $15,067.80
104. 8" Thermoplastic Traffic Stripe LF 50 $2.20 $110.00
105. Thermoplastic Pavement
Marking
SQFT 1,528 $4.50 $6,876.00
106. Lighting System LS 1 $128,000.00 $128,000.00
107. Solar Flashing Beacon
System
LS 1 $30,000.00 $30,000.00
108. Temporary Fence (Estimated) LF 350 $13.00 $4,550.00
109. Gate EA 1 $1,800.00 $1,800.00
110. Rail Fence (City Std 9050)
with 3-Strand Barb Wire
LF 475 $53.00 $25,175.00
BID TOTAL: $ 3,504,175.88
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.
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
Page 1048 of 1183
AGREEMENT
AGREEMENT
7
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
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.
Page 1049 of 1183
AGREEMENT
AGREEMENT
8
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Heidi Harmon, Mayor
APPROVED AS TO FORM CONTRACTOR:
Souza Engineering Contracting, Inc. Dba
Souza Construction
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Steve A. Souza
Its: PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Stuart Souza
Its: _ Secretary ____________
Page 1050 of 1183