HomeMy WebLinkAbout08-02-2021 Amended Construction Contract with Souza Engineering Contracting Inc. - Tank Farm Rd and Orcutt Rd RoundaboutDocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
FORM OF AGREEMENT
THIS AGREEMENT, made on 81212021 I 8:29 AM PDT , 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
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
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
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
34.
Temporary Hot Mix Asphalt
TON
300
$218.00
$65,400.00
(Type A)
35.
Hot Mix Asphalt (Type A)
TON
2,503
$128.00
$320,384.00
36.
6" Asphalt Berm (City Std
LF
845
$13.00
$10,985.00
7120)
37.
Structural Concrete - Box
CY
15
$5,520.00
$82,800.00
Culvert (Orcutt Road Box
Culvert Extension)
38.
Structural Concrete - Wingwall
CY
15
$3,370.00
$50,550.00
(Orcutt Road Box Culvert
Extension)
39.
Structural Concrete -
CY
2
$2,800.00
$5,600.00
Headwall (Orcutt Road Box
Culvert Extension)
40.
Structural Concrete -
CY
62
$1,800.00
$111,600.00
Retaining Wall (Orcutt Road
Driveway Culvert
Modification)
41.
Remove Existing Orcutt Road
CY
8
$950.00
$7,600.00
Culvert Headwall
42.
Partial Existing Orcutt Road
LS
1
$6,400.00
$6,400.00
Box Culvert Removal
43.
Rock Slope Protection Fabric
SQYD
52
$16.00
$832.00
(Class 8)
44.
Concreted - Rock Slope
CY
52
$261.00
$13,572.00
Protection (1/4 T, Method B)
45.
Remove Concrete Curb
LF
187
$5.00
$935.00
46.
Remove Concrete Curb &
LF
719
$5.25
$3,774.75
Gutter
47.
Remove Concrete Sidewalk
SQFT
4,764
$1.70
$8,098.80
(Full Structural Depth)
48.
Raised Cobblestone Median
SQFT
561
$47.50
$26,647.50
(City Std 4940)
49.
Minor Concrete (City Std 4020
LF
2,847
$42.00
$119,574.00
Curb)
50.
Minor Concrete (Caltrans
LF
500
$50.00
$25,000.00
Type D4 Curb)
51.
Minor Concrete (Truck Apron
LF
300
$295.00
$88,500.00
Type 2 Curb)
52.
Detectable Warning Surface
SQFT
425
$40.00
$17,000.00
(City Std 4440)
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
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.
j 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
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
77.
12" Concrete Flared End
EA
1
$1,700.00
$1,700.00
Section
78.
18" Concrete Flared End
EA
1
$2,800.00
$2,800.00
Section
79.
4" Perforated Plastic Pipe
LS
1
$7,600.00
$7,600.00
Underdrain, Cleanouts, and
45 Degree Wyes
80.
48" Storm Drain Manhole (City
EA
3
$9,200.00
$27,600.00
Std 3520)
81.
Catch Basin (City Std 3355)
EA
5
$13,000.00
$65,000.00
82.
Catch Basin with Extended
EA
2
$21,000.00
$42,000.00
Side Opening (City Std 3355 &
3360)
83.
Drainage Inlet Marker
EA
7
$250.00
$1,750.00
84.
Utility Area Catch Basin,
EA
1
$1,400.00
$1,400.00
Medium Duty 24" X 10"
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
EA
167
$9.00
$1,503.00
(Retroreflective)
89.
Furnish Single Sheet
SQFT
299
$18.00
$5,382.00
Aluminum Sign (0.063%
Unframed)
90.
Furnish Single Sheet
SQFT
32
$19.00
$608.00
Aluminum Sign (0.080%
Unframed)
91.
Furnish Single Sheet
SQFT
16
$25.00
$400.00
Aluminum Sign (0.063%
Framed)
92.
Roadside Sign - One Post
EA
33
$270.00
$8,910.00
(City Std 7210)
93.
Roadside Sign - Two Post
EA
4
$358.00
$1,432.00
(City Std 7210)
94.
Install Sign (Strap and Saddle
EA
6
$137.00
$822.00
Bracket Method)
95.
Object Marker
EA
3
$93.00
$279.00
96.
Relocate Roadside Sign -One
EA
4
$159.00
$636.00
Post
97.
Remove Roadside Sign
EA
9
$83.00
$747.00
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
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
AGREEMENT
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
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.
AGREEMENT
7
DocuSign Envelope ID: 565D5643-FBDA-4CA1-997D-B6EO6CD64DAE
AGREEMENT
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
paufiigned by
75DA33F23E61-L7F...
Heidi Harmon, Mayor
APPROVED AS TO FORM
❑ocu Sig ncd hy:
794A.EA5BC66C-0-0F..
J. Christine Dietrick
City Attorney
ATTEST
,(Pas�Si9[^led 4Y-
B98BACBFgC78�34..`
Teresa Purrington
City Clerk
CONTRACTOR:
Souza Engineering Contracting, Inc.
Dba Souza Construction
f}^ru$ig^ed by:
� v
By. 97eFG564C�24D5
Steve A. Souza
Its: PRESIDENT
(2n6 signature required if Corporation):
❑ocuSig ned by:
lp' Mu
BY: • f11CAFRV'.DM' ArA
Stuart Souza
Its: SECRETARY
AGREEMENT