HomeMy WebLinkAboutItem 5f. Authorization to Advertise Railroad Safety Trail Fencing Project Item 5f
Department: Public Works
Cost Center: 5010
For Agenda of: 9/6/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE RAILROAD SAFETY TRAIL FENCING
PROJECT, SPECIFICATION NO. 91385-09
RECOMMENDATION
1. Approve the project plans and special provisions for the Railroad Safety Trail Fencing
Project (project), Specification 91385-09; and
2. Authorize staff to advertise for bids; and
3. Appropriate $380,000 from the Capital Projects Reserve Fund to the Parks Major
Maintenance Account (91358-09); and
4. Authorize the City Manager to award the Construction Contract for the bid total if the
lowest responsible bid is within the Engineer’s Estimate of $440,000; and
5. Authorize the City Engineer to approve Contract Change Orders up to the available
project budget; and
6. Authorize the Finance Director to return unspent Capital Reserve funding to the
Capital Reserve Fund balance after project completion; and
7. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing use of the Capital Projects Reserve Fund to
support Railroad Safety Trail Fencing project, Specification Number 91385 -09.”
POLICY CONTEXT
Maintenance of a barrier between a multi-modal City facility and Railroad facility is crucial
to support a safe environment for users, as well as to fulfill obligations made between the
City and Union Pacific Railroad (UPRR). These obligations were formally approved
between the City and UPRR in 20081, prior to the construction of the first phase of the
Railroad Safety Trail. In addition, this project supports the Major City Goal of Climate
Action, Open Space, and Sustainable Transportation.
On May 17, 2022, Council approved a Purchasing Policy Update that requires Council
approval for Public Projects with a value of $200,000 or more. The City’s Fund Balance
and Reserve Policy was adopted in June 2021 and includes guidelines related to the
Capital Projects Reserve Fund, as follows:
1 Per the agreement, City of SLO is required to erect and maintain a barrier between City and UPRR right
of way so long as a multi-modal facility is maintained.
Page 83 of 145
Item 5f
The City will maintain a committed reserve of 20% of capital improvement
plan budget from the Local Revenue Measure for the purposes of offsetting
unanticipated cost increases, unforeseen conditions, and urgent
unanticipated projects to provide continued investment in infrastructure
maintenance and enhancement. Use and allocations of funds from the
Capital Projects Reserve Fund will be made to Capital Projects including
Major Facility Replacement upon Council approval as necessa ry during any
fiscal year.
The recommended use of the Reserve to supplement the Railroad Safety Trail Fencing
project is consistent with this policy.
DISCUSSION
Background
Union Pacific Railroad operates the rail line that bisects the City. As the community has
developed, the City and UPRR signed a series of agreements allowing the development
of multi-modal paths adjacent to those rail lines. As part of these agreements, the City
was required to construct and maintain fencing to minimize trespassing and ensure a safe
environment for all users. These in City paths maintained by the City are collectively
referred to as the Railroad Safety Trail.
The section of Railroad Safety Trail from the Jennifer Street Bridge to Orcutt Road has
an existing fence (constructed with the creation of this trail) separating City and UPRR
rights of way. The fence is dilapidated and no longer serves as an effective barrier. This
project proposes to remove and replace the fence with a more effective and cohesive
barrier, to better delineate the right of way between the City and UPRR, as well as provide
a safe multi-modal path.
Staff requests that Council approve the plans (Attachment A) and specifications
(Attachment B) as well as adopt a resolution transferring Capital Reserve funds into the
project account (Attachment C).
Previous Council or Advisory Body Action
This Project was identified in the 2021 -23 Financial Plan that was approved by Council.
Additionally, the Fund Balance and Reserve Policy was adopted by Council on June 1,
2021.
In November 1995, Council authorized the purchase of Southern Pacific Railro ad2
property between Orcutt Road and Jennifer Street Bridge in order to construct the
Railroad Safety Trail. The grant deed for the property required the City to construct and
maintain a barrier along the track side of the property (Staff Report from November 14,
1995).
2 Southern Pacific merged with Union Pacific in 1996.
Page 84 of 145
Item 5f
Public Engagement
No project specific public engagement is anticipated until construction is ready to
commence. Before and during construction, staff anticipates regular notices about trail
detours and current status of the work.
CONCURRENCE
The Administration and Public Works Departments concur with the recommendations of
this report.
ENVIRONMENTAL REVIEW
This project was reviewed by the Community Development Department, who concur this
project as exempt under the California Environmental Quality Act (CEQA) and have filed
a Notice of Exemption. The project proposes to maintain existing facilities, and is exempt
under Section 15301 Class 1 (existing facilities).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
The Parks Major Maintenance and Repairs Project was identified in the 2021-23 Financial
Plan with a total budget of $1,835,000 in FY21/22. The Railroad Bike Path Fencing is
identified as a subproject within this larger Parks Maintenance work effort with an
individual budget of $350,000. In order to address the immediate need for protective
fencing along the Bob Jones Trail Bike Path between Prado Road and Los Osos Valley
Road Project, funding of $226,780 was expended from the project account, resulting in a
reduced balance of $123,220 as shown below.
Due to cost escalation since the Railroad Bike Path Fencing project was budgeted, and
a reduced project balance, staff recommend an appropriation from the Capital Projects
Reserve Fund to complete the project in the amount of $380,000. Attachment C contains
this resolution.
The Capital Projects Reserve Fund has a current balance of $1,901,708 (as of 8/9/2022).
Concurrent with this request is a request of $350,000 to support award of the construction
contractor for the Roofing Replacement at Fire Station Administration and Fleet
Maintenance (Item 5d).
Page 85 of 145
Item 5f
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $123,220 123,220 $0
State
Federal
Fees
Other: Capital
Reserve Funds
Balance
$1,901,708 $380,000 $1,521,708
Total $2,024,928 $380,000 $1,521,7081 N/A
1 The remaining balance does not reflect the Capital Reserve balance if Council approves
Item 5d. If both items are approved, the Capital Reserve Fund Balance will be $1,171,708.
Project Account (91385-09)
Capital Outlay Fund - LRM
Construction Estimate:$440,000.00
Contingencies (15%):$60,000.00
Construction Total:$500,000.00
Printing and Advertising:$500.00
Total Project Cost:$500,500.00
Current Project Balance:$123,220.00
Remaining Balance:-$377,280.00
Current Capital Reserve Fund Balance:$1,901,708.00
Funding Request from Capital Reserve:$380,000.00
Remaining Balance in Capital Reserve:$1,521,708.00
Railroad Safety Trail Fencing, Specification 91385-09
ALTERNATIVES
Deny or Defer Authorization to Advertise. Staff do not recommend this option, as it
would delay the project and likely accelerate costs.
ATTACHMENTS
A - Project Plans
B - Project Specifications
C - Draft Resolution authorizing use of Capital Projects Reserve Fund for Specification
91385-09
Page 86 of 145
SPECIFICATION NO.DATEofSHEETReference Documents:City Standard Specifications - 2020 EditionCity Engineering Standards - 2020 Edition1. CONTRACTOR SHALL COMPLY WITH 2020 CITY OF SAN LUIS OBISPO STANDARD DETAILS ANDSPECIFICATIONS, AS WELL AS 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIARESIDENTIAL CODE (CRC), CALIFORNIA MECHANICAL CODE (CMC), CALIFORNIA PLUMBINGCODE (CPC), CALIFORNIA ELECTRICAL CODE (CEC), CALIFORNIA ENERGY CODE (CEnC) AND2019 CALIFORNIA GREEN BUILDING CODE (CGBSC).2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR PERMITTEE TO CONTACT"UNDERGROUND SERVICE ALERT OF NORTHERN CALIFORNIA" BY PHONE AT 8-1-1FORTY-EIGHT (48) HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OF POWER,TELEPHONE, OIL AND NATURAL GAS UNDERGROUND FACILITIES. CONTRACTOR SHALL ALSOCONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OF CABLE T.V., WATER, SEWER,DRAINAGE OR UNDERGROUND FACILITIES.3. THE CONTRACTOR SHALL POSSESS A CLASS A OR C-13 LICENSE AT THE TIME OF BIDOPENING AND THROUGHOUT PROJECT DURATION.4. THESE PLANS DO NOT INDICATE OVERHEAD LINES. CONTRACTOR SHALL TAKE CARE DURINGCONSTRUCTION TO AVOID CONTACT WITH OR DAMAGE TO EXISTING OVERHEAD LINES.5. PROJECT SURVEY MONUMENTS IN PLACE DURING CONSTRUCTION. THE CONTRACTORSHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE REPLACEMENT OFDAMAGED OR DISPLACED SURVEY MONUMENTS AND SHALL NOTIFY THE CITY FIVE (5)WORKING DAYS PRIOR TO RESTORING MONUMENTS. MONUMENTS SHALL BE RESET BY ACALIFORNIA LICENSED LAND SURVEY AND SHALL INCLUDE PREPARING AND FILING ACORNER RECORD WITH SAN LUIS OBISPO COUNTY.6. UNION PACIFIC RAILROAD FACILITIES SHALL BE PROTECTED IN PLACE. CONTACTOR SHALLMAINTAIN THE MAXIMUM DISTANCE FROM THEIR FACILITIES AT ALL TIMES AND STAY ON CITYRIGHT OF WAY.7. ENSURE FENCE BARRIER IS CONTINUOUS AND ALONG THE EXISTING ALIGNMENT -COORDINATE WITH ENGINEER AROUND TREES AND OTHER OBSTACLES THAT CANNOT BEREMOVED.index to planssheet no. descriptiongeneral notes:san luis obispo county, california6JULY 20221000116RAILROAD SAFETY TRAILFENCING11 COVER SHEET2 SITE PLAN3 PLAN SHEET4 PLAN SHEET5 PLAN SHEET6 PLAN SHEETFILE NO./LOCATIONabbreviations:AP ANGLE POINTExist EXISTINGConc CONCRETEElev ELEVATIONEQUIV EQUIVALENTE EASTINGFDN FOUNDATIONHMA HOT MIX ASPHALTPROP PROPOSEDL LENGTH (CURVE OR LINE)N NORTHINGTyp TYPICALUPRR UNION PACIFIC RAILROADR&R REMOVE AND REPLACEPC/BP POINT OF CURVATURE (BEGIN CURVE)PCC POINT OF COMPOUND CURVATURE (BEGIN CURVE)PT/EP POINT OF TANGENCY (END CURVE)PI POINT OF INFLECTIONR RADIUS OF CURVESta STATIONSNK SINKERo.c. ON CENTEROff OFFSETØ DIAMETERX°X'X" DEGREE, MINUTE, SECONDGALV GALVANIZEDG:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Cover Sheet.dwgBrian Nelson, City Engineer Approved DateNo. C 79870BRIAN A. NELSO N CIVIL---N0 2000 4000PLAN1" = 2000'PROJECT OWNER: CITY OF SAN LUIS OBISPO, PUBLIC WORKS DEPARTMENT,PARKS MAINTENANCE DIVISIONPROJECT DESIGNER: WYATT BANKER-HIX, PUBLIC WORKSlegend:EXISTING ELECTRICAL LINEEEXISTING FIBER OPTIC LINEEXISTING SEWER LINEWEXISTING WATER/IRRIGATION LINEEXISTING LIGHT POLE/LIGHTING BOXEXISTING IRRIGATION BOXTREES/BRUSHREMOVE AND REPLACE FENCERAILROAD SAFETY TRAIL LIMITSEXISTING FENCE TO REMAINEXISTING STORM DRAIN LINEEXISTING MANHOLEPage 87 of 145
0+0010+00
20+00 30+0040+0050+00 60+00BP0+00.0BEGIN ALIGNMENTN: 2297108.34E: 5769329.50EP62+29.9END ALIGNMENTN: 2291888.54E: 5772300.10Sta:6+83.4Off:5.0BEGIN WORKSta:61+46.2Off:59.6END WORKof62CIVILNo. C 86141WYATT A BANKER-H IX
0SCALE IN FEET750 1500CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONRAILROAD SAFETY TRAIL FENCINGWBHWBHBNBNAS NOTEDJULY 20221000116SITE PLAN---G:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Site Map.dwgPLANSHEET 3SHEET 3SHEET 4SHEET 4SHEET 5SHEE
T 5
SHE
E
T 6ORCUTT ROADBULL
O
C
K
L
A
N
E
BISHOP STREETBROA
D
S
T
R
E
E
T
SANTA BARBARAAVENUEELLA STREETNPage 88 of 145
0+001+002+003+004+005+006+007+008+009+00E
E
E
ENO ACCESS VIACUL-DE-SACSta:6+83.4Off:5.0BEGIN FENCE R&RSta:6+82.1Off:35.3APPASS FETREESEXISTING ORNAMENTAL FENCEPROTECT IN PLACE. ENSURECONTINUOUS BARRIERBETWEEN NEW AND EXISTINGFENCEJENNIFER STREETBRIDGE - NOCONSTRUCTIONACCESSCAUTION: BURIEDFIBER OPTIC LINENEARBYWARNING: BURIED GAS LINECROSSES FENCE. POTHOLETO CONFIRMTRIM/REMOVE BRUSH THATINTERFERES WITH FENCEBP0+00.0BEGIN ALIGNMENTN:2297108.34E: 5769329.50PI6+78.7PT5+37.1PCC3+19.0R=461'L319.0'R=2438'L218.1'S18° 16' 18"E141.62S18° 53' 19"E303.819+0010+00
11+00
12+00
13+00
14+00
15+00
16+00
17+00
18+00
19 +
E
E
E
E
E
E
E
E
E
E
PASS FENCE BEHINDTREES. ENSURE CITYARBORIST PRESENT TOOBSERVECAUTION: BURIED FIBEROPTIC LINE NEARBYCAUTION: BURIEDELECTRIC LINE NEARBYWARNING:STORM DRAINCROSSESFENCE.POTHOLE TOCONFIRMPC9+82.5PC11+83.0PC15+47.3PT10+72.2PT12+32.4PT16+46.7R=431'L89.6'R=256'L49.4'R=1012'L99.5'Sta:12+51.7Off:34.1APSta:15+96.1Off:15.0APSta:17+06.3Off:21.9APS30° 35' 30"E110.81S20° 52' 48"E314.90of63CIVILNo. C 86141WYATT A BANKER-H I X
N0SCALE IN FEET100 200CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONRAILROAD SAFETY TRAIL FENCINGWBHWBHBNBNAS NOTEDJULY 20221000116PLAN SHEET---G:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Plan Sheets.dwgPLANN0SCALE IN FEET100 200PLANSWAZEY STREETUNION PACIFIC RAILROADRACHEL STREETFLORENCE AVENUEUNION
P
A
CI
FI
C
R
AI
L
R
O
A
D
JENNI
F
E
R
S
T
R
E
E
T
GEORGE STREETPage 89 of 145
18+00
19+00
20+00
21+00
22+00
23+00
24+00
25+00 26+0027+000E
E
E
E
E
E
E
E
E
E
E
CONSTRUCTION ACCESS.COORDINATE WITH CITY TO REMOVEBOLLARDSCAUTION: BURIED FIBEROPTIC LINE NEARBYCAUTION: BURIEDELECTRIC LINE NEARBYCAUTION: SEWER LINENEARBYWARNING: SEWER LINE CROSSESFENCE. POTHOLE TO CONFIRMPI21+07.1PC22+80.6PT26+13.6PCC24+92.4R=3742'L211.8'R=1111'L121.2'Sta:21+98.1Off:48.2APSta:24+41.6Off:52.5APS28° 40' 44"E460.41S27° 49' 54"E173.51S19° 226.3WARNING: STORM DRAINCROSSES FENCE.POTHOLE TO CONFIRM27+0028+0029+0030+0031+0032+0033+0034+0035+0036+00E
E
E
E
E
E
E
E
ECONSTRUCTIONACCESS VIABOULEVARD DELCAMPO.COORDINATEACCESS WITH CITYCAUTION: BURIEDFIBER LINE NEARBYCAUTION: BURIEDELECTRIC LINE NEARBYPC28+40.0PT31+96.0PCC30+33.6R=811'L193.7'R=981'L162.3'Sta:27+30.5Off:35.4APSta:28+47.0Off:25.9APSta:29+95.6Off:15.8APSta:32+40.1Off:13.4APS49° 41' 33"E921.34S19° 33' 07"E226.34of64CIVILNo. C 86141WYATT A BANKER-H IX
N0SCALE IN FEET100 200CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONRAILROAD SAFETY TRAIL FENCINGWBHWBHBNBNAS NOTEDJULY 20221000116PLAN SHEET---G:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Plan Sheets.dwgPLAN0SCALE IN FEET100 200PLANSAN CARLOS DRIVEBUSHNELL STREETUNION
P
A
CI
FI
C
R
AI
L
R
O
A
D
UNION P
A
CI
FI
C
R
A
I
L
R
O
A
D Page 90 of 145
36+0037+0038+0039+0040+0041+0042+0043+0044+0045+00E
E
E
E
E E E E
EW
WW WWWWWWWWWWW
CAUTION: BURIEDELECTRIC LINE NEARBY CAUTION: BURIED FIBERLINE NEARBYFENCE DESTROYEDBY UPRR MATERIALS.MOVE PRIOR TOREPLACING FENCETRIM/REMOVE BRUSH THATINTERFERES WITH FENCE, TypARBORIST TO BE PRESENTFOR TREE TRIMMING ANDCONSTRUCTION WITHINDRIP LINE, TypWARNING: WATER LINECROSSES FENCE.POTHOLE TO CONFIRMWARNING: SEWER LINECROSSES FENCEPOTHOLE TO CONFIRMPC41+17.3PC43+62.4PT42+32.8PT44+56.4R=433'L115.5'R=231'L93.9'Sta:37+62.8Off:19.1APSta:41+57.2Off:27.2APSta:41+64.7Off:8.8END FENCE R&RSta:42+35.3Off:10.4BEGIN R&RSta:43+30.2Off:12.7APS39° 14' 55"E129.62S65° 01' 15"E64.27TIE INTO ExistCULVERT FENCING5+0046+0047+0048+0049+0050+0051+0052+0053+0054+00E E E E E E E E E
W
W
W
W W W
W
W
W W W W W W W W W
CAUTION: BURIEDFIBER LINE NEARBYTRIM BRUSH THATINTERFERES WITH FENCEWARNING: STORM DRAINCROSSES FENCE.POTHOLE TO CONFIRMCAUTION: BURIEDSEWER LINE NEARBYCAUTION: BURIEDWATER LINE NEARBYPI51+77.9PC45+20.6PC48+41.5PC53+23.1PT46+27.3PT50+03.0R=146'L106.6'R=1020'L161.5'Sta:47+33.8Off:36.5APSta:50+99.7Off:15.8APSta:53+08.9Off:29.3APS30° 11' 33"E174.87S36° 25' 25"E145.18S20° 51' 18"E214.22of65CIVILNo. C 86141WYATT A BANKER-H I X
0SCALE IN FEET100 200CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONRAILROAD SAFETY TRAIL FENCINGWBHWBHBNBNAS NOTEDJULY 20221000116PLAN SHEET---G:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Plan Sheets.dwgPLAN0SCALE IN FEET100 200PLANUNION PACIFIC
RAILROAD
UNION PACIFIC
RAILROAD Page 91 of 145
54+0055+0056+0057+0058+0059+0060+0061+0062+00E
E
E
E
E
E
E
E
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
EXISTING PIPEFENCE. TIE R&RINTO EXISTINGFENCECAUTION: FIBER LINE NEARBYOVERHEADFIBER LINETRIM BRUSH THATINTERFERES WITH FENCE, TypCAUTION: STORM DRAIN NEARBYCAUTION: WATERLINE NEARBYEP62+29.9END ALIGNMENTN: 2291888.54E: 5772300.10PI60+79.5PC56+59.1PC58+93.1PT54+77.8PT57+85.6PT60+05.6R=516'L154.7'R=735'L126.4'R=353'L112.5'Sta:61+46.2Off:59.6END FENCE R&RS28° 44' 00"E181.39S20° 27' 30"E107.53S41° 42' 44"E73.84S48° 22' 24"E150.455.5'8' o.c. MAX14"Ø Typ2'6x6 PRESSURETREATED POSTS2x6 PRESSURE TREATEDRAILS. ATTACH WITH (3)3" COATED SCREWSCLASS C Conc FDN PER Std 90502"x2" METAL 10 GAUGE VINYL COATEDNON-CLIMB FENCE. USE 1" GALVSTAPLES TO RAILS AND POSTS, 6" o.c.IF DISTURBED, RE-COMPACTNATIVE SOIL TO 90% MAX DENSITYBEFORE PLACING FDN0.3'EQEQEXTEND FENCE ACROSSFACE OF RAILS AND POSTS10"of66CIVILNo. C 86141WYATT A BANKER-H I X
0SCALE IN FEET100 200CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONRAILROAD SAFETY TRAIL FENCINGWBHWBHBNBNAS NOTEDJULY 20221000116PLAN SHEET---G:\Projects\ActiveProjects\Bicycle Paths\1000116 Park Major Maintenance - Railroad Bike Path Fence\450 Design Working Documents\454 CAD\454.2 Drawings\Plan Sheets.dwgPLANUNION PACIFICRAILROADORCUTT ROADPage 92 of 145
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Railroad Safety Trail Fencing Improvements
Specification No. 1000116
August 2022
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Page 93 of 145
Railroad Safety Trail Fencing Improvements
Specification No. 1000116
Approval Date: XXX 2022
Page 94 of 145
TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION ........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD .................................................................................................................................................... IV
ACCOMMODATION ................................................................................................................................. IV
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR RAILROAD SAFETY TRAIL FENCING IMPROVEMENTS, SPECIFICATION NO.
1000116 ..................................................................................................................................................... A
LIST OF SUBCONTRACTORS ................................................................................................................. B
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. C
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... C
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. C
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... C
NON-COLLUSION DECLARATION .......................................................................................................... E
BIDDER ACKNOWLEDGEMENTS ........................................................................................................... F
QUALIFICATIONS .................................................................................................................................... G
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. H
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
8 PROSECUTION AND PROGRESS ................................................................................................... 2
77 LOCAL INFRASTRUCTURE ............................................................................................................ 2
APPENDIX A - FORM OF AGREEMENT ....................................................................... 1
Page 95 of 145
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, California 93401, until
2:00 p.m. on <<August 1, 2022>>
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
Railroad Safety Trail Fencing Improvements, Specification 1000116
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
Page 96 of 145
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
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
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
Printed copies are not available.
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website.
Contact the project manager, Wyatt Banker-Hix at 805-783-7859 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project involves the removal and replacement of the existing fence along
the railroad safety trail.
The project estimated construction cost is $400,000
Contract time is established as 30 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
Page 97 of 145
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A or C-13 or Contractor's License at the time of the bid
opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
Two (2) of the referenced projects must be for fencing.
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
Page 98 of 145
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
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.
Page 99 of 145
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 RAILROAD SAFETY TRAIL FENCING IMPROVEMENTS,
SPECIFICATION NO. 1000116
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 17 Clear and Grub LS 1 ---
2 77 Remove Existing Fence LF 5300
3 80 Install Fence LF 5300
6 77 Pothole EA 7
7 12 Traffic and Pedestrian Control LS 1 ---
Bid Total (or Base Bid) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
Page 100 of 145
BID FORMS
BID FORMS
B
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.
Page 101 of 145
BID FORMS
BID FORMS
C
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
Page 102 of 145
BID FORMS
BID FORMS
D
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.
Page 103 of 145
BID FORMS
BID FORMS
E
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:____________________
Page 104 of 145
BID FORMS
BID FORMS
F
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
Page 105 of 145
BID FORMS
BID FORMS
G
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 fencing?
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 fencing?
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 fencing?
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 □
Page 106 of 145
BID FORMS
BID FORMS
H
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)
Page 107 of 145
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. Railroad Safety Trail Fencing Improvements 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
Replace 1st and 2nd paragraph in Section 3-1.18 CONTRACT EXECUTION with:
Upon notification of project award, return:
1. executed contract
Page 108 of 145
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
2. insurance
3. contract bonds
within five business days after the bidder receives the contract.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Section 12, 17, 77 and 80 for general, material,
construction, and payment specifics.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start:
Contract time will start on the first Monday after preconstruction meeting.
77 LOCAL INFRASTRUCTURE
Add Section 77-5 Remove Fence
77-3.01 General
This work involves the removal of the existing fence, including the rails, posts, foundations
and fasteners. Remove ornamental fencing and appurtenances as well.
77-5.02 Materials
Existing fence rails, posts and foundations.
77-5.03 Construction
Reserved
77-5.04 Payment
Payment for work shall be measured by the linear foot of fencing removed and site
prepared for future fence, including removal and disposal of materials.
Page 109 of 145
APPENDIX
APPENDIX
1
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.
Page 110 of 145
APPENDIX
APPENDIX
2
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
Page 111 of 145
APPENDIX
APPENDIX
3
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
Page 112 of 145
R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS
RESERVE FUND TO SUPPORT RAILROAD SAFETY TRAIL FENCING
PROJECT, SPECIFICATION NUMBER 91385-09
WHEREAS, in June of 2021, the City Council approved the 2021-23 Financial Plan
– Capital Improvement Program, which identified the Railroad Safety Trail Fencing project
with a total budget of $350,000 to support implementation of the project (the “Project”);
and
WHEREAS, to provide funding to support construction work for the Project, staff is
recommending the City Council approve use of $380,000 from the Capital Projects Reserve
Fund; and
WHEREAS, a balance of approximately $1.55 million is available from the Capital
Projects Reserve Fund.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Page 113 of 145
Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to transfer $380,000 from the
Capital Project Reserve Fund to Railroad Safety Trail Fencing Project, Specification No.
91385-09.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2022.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 114 of 145
Union Pacific AgreementsGrant Deed with UPRR for Right-of-Way to construct the RRST(Jennifer Street to Orcutt) - 1995Obligates City to construct and maintain a wall or other barrieralong the UPRR tracks between Jennifer Street Bridge andOrcutt Road.Type/design of “wall or barrier” is not defined. City is planningto repair this segment of fencing as CIP project, with requestto advertise on tonight’s Council Agenda.
Union Pacific AgreementsLease Agreement with UPRR for Right-of-way to construct the RRST (Taft north to CalPoly) - 2008Requires City to take on vegetation and trash abatement along full extent ofUPRR tracks within City Limits. City pays $1 annually for lease.UPRR provides flagger to assist with work by City within UPRR property at nocostto CityCity required to construct and maintain a min 7’ tall black security fence along theeast side of the UPRR tracks along extent of RRST from Taft north to Cal Poly.Note that lease agreement for RRST (Taft to Pepper) segment has sameobligation to retain security fencing.City required to repair any damaged fencing, clean graffiti and unauthorized signsfrom fence, and post NO TRESSPASSING signage along this extent of thisfencing.City required to cooperate with Cal Polyin efforts to encourage other landownerson west side of UPRR tracks to install and maintain additional security fencing onthat side of tracks.