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HomeMy WebLinkAboutItem 5g. Authorization to Advertise Corporation Yard Fuel Island and Wash Station Rehabilitation Project (Spec. No. 2000075-9.01) Item 5g Department: Public Works Cost Center: 5005 For Agenda of: 6/20/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Nathan Garcia Nava, Engineer I SUBJECT: AUTHORIZATION TO ADVERTISE CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075- 9.01 RECOMMENDATION 1. Approve the Project Plans and Special Provision for the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075 -9.01; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding limit of $700,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and 5. Authorize an appropriation of $300,000 from the Capital Projects Reserve Fund to the project account (2000075-9.01); and 6. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Projects Reserve Fund balance after project completion; and 7. Authorize the Financial Director, upon completion of the project, to transfer the proportional project cost from the appropriate Enterprise Funds to the General Fund to support the project; and 8. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01.” POLICY CONTEXT On May 17, 2022 Council approved a Purchasing Policy Update to the Financial Management Manual that required Council approval for Public Projects that cost over $200,000. Page 107 of 802 Item 5g The recommended actions for the award and fund appropriation are supported by the City Council’s adopted Capital Improvement Plan as well as its Fund Balance and Reserve Policy. 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: The City will maintain a committed reserve of 20% of the 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 necessary during any fiscal year. The recommended use of the Reserve to supplement the Corporation Yard Fuel Island and Wash Station Rehabilitation project is consistent with this policy. DISCUSSION Background Built in 1983, the City of San Luis Obispo’s Corporation Yard contains the fuel island and wash stations (Figure 1) that are frequently used by city staff for refueling and cleaning of city vehicles. Since its original construction, there have been mainten ance projects to maintain the serviceability and safety of the fuel island and wash stations. Past projects included equipment room drainage, installation of a concrete topping slab around the perimeter of the storage room and equipment room siding facing the wash stations, and replacement of the roof gutters and bird netting. Over the course of time, however, the fuel island metal siding has experienced serious corrosion due to water intrusions intensified by the proximity of the wash stations. Due to the constant wet conditions, rust became prevalent and even the various repairs made thus far could not prevent the rust from reemerging and spreading to the previously repaired areas. Figure 1: Fuel Island and Wash Station building located at the City Corporation Yard Page 108 of 802 Item 5g In order to address the damage, the City began working with a design consultant in 2018 to create plans that would repair the building. Work included “in-kind” replacement of the existing metal panels and repair of the structural components that show deterioration. The construction plans were completed in January 2021, but due to funding constraints, as well as preliminary design alternatives to the Prado Interchange project that showed a potential impact to the Corporation Yard, the project was placed on hold until funding could be secured and there was a better idea of the possible conflict with the Prado interchange. The Prado interchange project has progressed, providing the city with a better idea of the area of work that does not conflict with the fuel island and wash stations. In the time since the original design plans were completed in 2021, the building deteriorated, further necessitating an updated set of design plans that accurately reflected repairs needed to address the current level of damage. The City contacted the design consultant in November 2022 to create new design plans (Attachment A) and special provisions (Attachment B) that would properly address the existing site conditions. Additional scope of work was added to the plans to address the new deterioration. The updated scope includes replacement of existing doors at the equipment room, replacement of the wall framing studs, new curb installations, and new gravity ventilation to the equipment room. Previous Council or Advisory Body Action In June 2019, Council adopted its 2019-21 Financial Plan approving funding for this project. In June 2020, Council adopted the FY 2020-21 Budget Supplement that allocated design funds for this project. Public Engagement This capital project was originally included in the 2019 -21 Financial Plan that offered an opportunity for comments during the Community forum held on January 28, 2019 at which time the public was provided an opportunity to review and comment on all capital projects. CONCURRENCE A building permit application was submitted to the Community Development Department’s Building Division in May 2023. The building permit will be obtained prior to the start of construction and will be issued to the Contractor following the award of a construction contract. All comments and conditions associated with the building and safety review of the project have been incorporated into the design of the project. ENVIRONMENTAL REVIEW The Community Development Department will issue a Notice of Exemption pursuant to section 15301 Class 1 (Existing Facilities) and section 1502 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines upon Council’s approval of the project. Page 109 of 802 Item 5g FISCAL IMPACT Budgeted: Yes Budget Year: 2023-24 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund: Major Facility Repl Fund - LRM $268,250 $0 $0 $0 State $0 $0 $0 $0 Federal $0 $0 $0 $0 Fees $0 $0 $0 $0 Remaining Project Balance (2091632) $146 $0 $0 $0 2023-2024 Fiscal Year funds $250,000 $0 $0 $0 Other: Capital Projects Reserve Fund $4,000,000 $300,000 $3,700,000 $0 Total $4,518,395.00 $300,000 $3,700,000 $0 This project was first identified in the 2019 -21 Financial Plan, where it was originally two separate projects called “Corp Yard – Fuel Island Coating and Dispensers” and “Corp Yard Fuel Island Siding” which were allocated $115,000 and $178,000 respectively for construction cost. There was an additional $14,750 set aside in the 2020-21 Budget supplement for design services that was expended during the first design phase leaving a remaining balance of $146.76 in the project account (2091632). The 2021 -23 Financial Plan combined both projects into a single project titled “Corporation Yard Fuel Island and Wash Station Rehabilitation” which had a new construction budget of $300,000. The City expended some of the construction funds to cover the cost for the new design services leaving a project balance of $268,250 in project account 2000075-9.01. Once construction is completed, the cost of the project will be proportionally distributed to the Enterprise Funds that benefit from the use of the facility. Staff have recommended an additional $250,000 in the 2023 -2024 fiscal year with the Capital Improvement Plan included in the 2023-2025 Financial plan. The project is to be awarded after July 1, 2023 when the new Fiscal Year 2023 -24 funding will be available. Should Council choose to deny the approval of the 2023-2025 Financial Plan, the project will not be allocated the additional funds. Page 110 of 802 Item 5g Staff also recommends appropriating $300,000 from the Capital Projects Reserve Fund balance to fund the construction efforts. The design team began working on the new design plans after CIP budget recommendations were provided by staff for appropriation in FY 2023-24. Though staff were aware that the additional repairs would increase the project cost, it was not anticipated that the project cost would increase beyond the $250,000 requested with the 2023-25 Financial Plan. Final plans and estimates were recently updated providing better overall cost information, indicate a need for the additional funding from the reserve. The Capital Projects Reserve Fund is expected to receive an allocatio n of $4,000,000 with the approval of the 2023-25 Financial Plan that will be appropriated after July 1, 2023. This amount complies with Capital Reserve Fund Policy which requires that the City maintain a capital reserve of 20% of the annual Local Revenue Measure capital budget to offset unanticipated cost increases and unforeseen conditions and thus provides for continued investment in infrastructure maintenance and enhancement according to the adopted project list. Below is a summary of use of the Capital Reserve in FY 2023-24. FY 2023-24 Capital Reserve Starting Balance $4,000,000 Uses of Reserve to Date Amount Notes Corporation Yard Fuel Island and Wash Station Rehabilitation (2000075-9.01) $300,000 Requested via this item FY 2023-24 Remaining Reserve Balance $3,700,000 Page 111 of 802 Item 5g Project Account (2000075-9.01) Project Account (2091632)Captial Reserves Major Facility Replacement Fund LRM Capital Outlay Fund - LRM Capital Outlay Fund Construction Engineer's Estimate $600,000 $146.76 $69,854 $670,001 Contingencies (20%)$0 $0 $134,000 $134,000 Total for Construction $600,000 $146.76 $203,854 $804,001 Materials Testing:$0 $0 $3,000 $3,000 Construction Support:$0 $0 $10,000 $10,000 Prinitng:$0 $0 $500 $500 Total Project Estimate $0 $0 $0 $817,501 Current Project Balance:$268,250 $146 $0 $268,396 FY 2023-24 Additional Funding on 7/1/2023 $250,000 $0 $4,000,000 $4,250,000 New Requested Funding $0 $0 $300,000 $300,000 Project Funding Total $518,250 $146 $300,000 $818,396 Post Project Balance $0 $0 $3,700,000 $3,700,895 Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification No. 2000075-9.01 Project Total Cost ALTERNATIVES Deny approval to advertise the project and the additional funds for construction. Denying the approval to advertise the project is not recommended as the fuel island and wash station are facing deterioration and require repairs to prevent further damage. The project has already been placed on hold once before which lead to further damage and increased costs of repair to the facility. ATTACHMENTS A - Corporation Yard Fuel Island and Wash Stations Rehabilitation Plans B - Corporation Yard Fuel Island and Wash Stations Rehabilitation Special Provisions C - Draft Resolution authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation Page 112 of 802 Page 113 of 802 Page 114 of 802 Page 115 of 802 Page 116 of 802 Page 117 of 802 Page 118 of 802 AS NOTEDCITY SPECIFICATION NO.DATE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSWAGHSGHSGHSAS NOTED04/28/2023CITY OF SAN LUIS OBISPO CORPORATION YARDFUEL ISLAND AND WASH STATION REHABILITATIONPROJECT TITLE:SHEET TITLE:REVISIONS:No. 91632APPROVED:209635STRUCTURAL GENERAL NOTES & DETAILSS0.1Page 119 of 802 AS NOTEDCITY SPECIFICATION NO.DATE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSWAGHSGHSGHSAS NOTED04/28/2023CITY OF SAN LUIS OBISPO CORPORATION YARDFUEL ISLAND AND WASH STATION REHABILITATIONPROJECT TITLE:SHEET TITLE:REVISIONS:No. 91632APPROVED:209635STRUCTURAL GENERAL NOTES & DETAILSS0.2Page 120 of 802 AS NOTEDCITY SPECIFICATION NO.DATE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSWAGHSGHSGHSAS NOTED04/28/2023CITY OF SAN LUIS OBISPO CORPORATION YARDFUEL ISLAND AND WASH STATION REHABILITATIONPROJECT TITLE:SHEET TITLE:REVISIONS:No. 91632APPROVED:209635(E) STORAGEROOM(E) EQUIPMENTROOMFOUNDATION PLANS2.1Page 121 of 802 AS NOTEDCITY SPECIFICATION NO.DATE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSWAGHSGHSGHSAS NOTED04/28/2023CITY OF SAN LUIS OBISPO CORPORATION YARDFUEL ISLAND AND WASH STATION REHABILITATIONPROJECT TITLE:SHEET TITLE:REVISIONS:No. 91632APPROVED:209635ROOF FRAMING PLANS2.2Page 122 of 802 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Corporation Yard Fuel Island and Wash Station Rehabilitation Specification No. 2000075-9.01 JULY 2023 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Page 123 of 802 Corporation Yard Fuel Island and Wash Station Rehabilitation Specification No. 2000075-9.01 Approval Date: June 20,2023 Page 124 of 802 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION........................................................................................................................ II QUALIFICATIONS .................................................................................................................................... III AWARD .................................................................................................................................................... IV ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A BID ITEM LIST FOR CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01 ........................................................................................................ A LIST OF SUBCONTRACTORS ................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION .......................................................................................................... F BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G QUALIFICATIONS .................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 1 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 2 DIVISION VI STUCTURES ....................................................................................................................... 2 59 STUCTURAL STEEL COATINGS .................................................................................................... 2 DIVISION XI MATERIALS ......................................................................................................................... 6 91 PAINT ............................................................................................................................................... 6 DIVISION XIII APPENDICES .................................................................................................................... 8 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 Page 125 of 802 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 11:00 a.m. on July 13 ,2023 at which time they will be publicly opened and read aloud via Microsoft Teams video conference and conference call. Public bid opening may be viewed via Microsoft Teams video conference call. In person attendance will be permitted. Use the following link: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ODA1MmIyOGItM2NhZS00YjJkLWEzZDMtMmYwYjUwOTNmMDI 5%40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9- 330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727- acd5a57b58ec%22%7d or join by phone with this number: 1 (209) 645-4165 with Conference ID: 656 817 560# Submit bid in a sealed envelope plainly marked: CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01 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. Page 126 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS ii All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals No printed copies are available for purchase at the City office. Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer. Contact the project manager, Nathan Garcia Nava at 805-783-7865 or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued. PROJECT INFORMATION In general, the project consists of repairing and/or replacing the existing metal siding as well as the steel columns and frames that have deteriorated. The project estimated construction cost is $700,000. Contract time is established as 60 working days. Page 127 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS iii The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. There will be a MANDATORY walkthrough on June 29, 2023 at 1:00 pm. Prime contractors wishing to submit a bid proposal are required to attend and sign in at the meeting. Bidders should meet in the parking lot in front of Building B (Operations Center) at the Corporation Yard, 25 Prado Road, San Luis Obispo CA. QUALIFICATIONS You must possess a valid Class C-33 & D-41 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 of the referenced projects must be for commercial building siding repair. One of the referenced projects must be for exterior painting. 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. Page 128 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS iv The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the 1. knowledge 2. experience, 3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 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 Page 129 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS v 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 130 of 802 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 CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 99 Demolition LS 1 --- 2 73 Removal of existing concrete raised curb LF 40 3 11,59 Existing structural column repairs LS 1 --- 4 11,59 Existing structural steel frames repairs LS 1 --- 5 91 Painting of fuel island and dispensers LS 1 --- 6 59 New wall panels LS 1 --- 7 15 Door replacement EA 2 8 15 Replacement of existing downspouts EA 2 9 99 Installation of the bird netting LF 72 10 75 Installation of galvanized steel louver LS 1 --- 11 82 Removal and disposal of existing signage and installation of new signage LS 1 --- Page 131 of 802 BID FORMS BID FORMS B Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 12 73 New 6" curb LF 150 13 99 Gutter allowance LF 50 14 99 New RMI roofing membrane LS 1 --- Bid Total $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Page 132 of 802 BID FORMS BID FORMS C 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 133 of 802 BID FORMS BID FORMS D 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 134 of 802 BID FORMS BID FORMS E 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 135 of 802 BID FORMS BID FORMS F 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 136 of 802 BID FORMS BID FORMS G 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 137 of 802 BID FORMS BID FORMS H 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 and did this project include commercial siding replacement/repair? 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 and did this project include commercial siding replacement/repair? 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 and did this project include painting activity? 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 138 of 802 BID FORMS BID FORMS I 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 139 of 802 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. Corporation Yard Fuel Island and Wash Station Rehabilitation 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 3 CONTRACT AWARD AND EXECUTION Add Section 3-1.18B CONTRACT EXECUTION, Building Permit 3-1.18B Building Permit The contractor must obtain a no-fee building permit from the Community Development Department. All requirements of the building permit shall be applied to the project. The contractor is responsible for coordinating inspection with the building division for the project. Request for inspection must be scheduled 72 hours in advanced of the required inspection. 4 SCOPE OF WORK Page 140 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 11, 15, 59, 73, 75, 82, 91, and 99 for general, material, construction, and payment specifics. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records (labor code 1776) with: Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed. 8 PROSECUTION AND PROGRESS Add to Section 8-1.03 PRECONSTRUCTION CONFERENCE with: 14. Schedule of Values 15. Coating systems and colors including sealants, patching materials, primers, etc. DIVISION VI STUCTURES 59 STUCTURAL STEEL COATINGS Add to Section 59- Painting The Corporation Yard buildings were constructed in 1984. No lead (above background levels) is known to exist. You must make every effort and must be responsible to protect City staff and the public from the construction site. In accordance with the Contractor’s approved Traffic Control and Pedestrian Safety Plan, you will provide all signs, lights, barricades, and/or other facilities to provide protection and warning for the public, and to detour staff and the public around the immediate work site as needed. When working next to or above an entrance or exit, you will be required to provide a temporary covered passageway or other such protective measures as required by the City to provide free and safe passage of occupants and general public to occupied portions of the building. You must make every effort to coordinate work with occupants and adjacent properties in order to minimize impacts to their normal operations. Access must be maintained to building occupants during their normal business hours. You must provide your own source of potable water to use as you will not have access to the available on-site source of potable water. You must coordinate water usage with City staff and insure that hoses are routed so as to not cause tripping or other hazards to staff and the public. Page 141 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 Electrical outlets providing 110V power are available at the buildings . You may use these power sources or provide your own source of power. You must coordinate power usage with City staff and insure that cords are routed so as not to cause tripping or other hazards to staff and the public. You will not be allowed to use the Corporation Yard toilet facilities. During construction, you must make arrangements and provide for adequate toilet facilities at the work site. You must secure and maintain the sanitary facilities in acceptable condition from the beginning of work until completion, and remove the facilities and disinfect the premises. Building exterior walls identified on the plans and these Special Provisions will be cleaned, patched, repaired, prepared and coated or sealed as indicated on the attached plans and as called for in these Sections. Generally, 1) all exterior surfaces, whether to be coated or not, must be cleaned, 2) all previously coated metal and plaster surfaces, cornices and projections must be cleaned, prepared, patched, repaired and coated; 3) previously coated metal such as bollards, alarms, standpipes, doors and frames, vents, downspouts must be cleaned, prepared and coated, 4) aluminum store fronts must be cleaned; 5) all exterior window glass and glazing must be cleaned. All debris, trash, masking tape and other waste materials must be removed and discarded off site on a daily basis. As work proceeds, immediately remove all spilled, splashed, or splattered coatings, solvents or other materials without any run-off to open storm drains. Collect empty containers, rags, waste material, and debris and remove from the site each day. The site must be maintained free of unnecessary accumulations of tools, equipment, surplus materials, and debris. Any materials, tools, and equipment left on site must be locked in a Contractor-supplied trailer or storage container. Upon completion of the work, you must remove all excess materials, equipment, containers, and waste from the job site. Coating spots or stains must be removed from adjacent surfaces. Prepare surfaces in a skillful manner to produce finish work of first class appearance and durability. Cleaning, surface preparation and repair must be done in accordance with these Special Provisions and the manufacturer’s recommendations for the coatings to be used. Should a conflict arise between these specifications and the manufacturer’s recommendation, the more rigorous or intensive surface preparation will apply. Surface features such as light fixture trims, signs, alarms, etc., will be masked and protected in-place during painting operations. Security lighting must be maintained at night. Page 142 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 All surfaces must be completely clean and free of bubbled/delaminated paint, loose paint, checked paint, raised edges, rust, scale, oil, dirt, grease, mineral deposits, mildew and all other surface contaminants. All cleaning operations must be free of any contaminants that would interfere with the adhesion of any coatings, sealants or caulking. Cleaning must be done with pressure washing or other method found acceptable by the City. Use only clean fresh water for cleaning and rinsing. Top quality cleaning agents may be used to assist cleaning process as long as chemicals or residues are not left behind or are detrimental to adjacent fixtures or vegetation. No cleaning water or chemicals will be allowed to enter storm drains. All surfaces are to be cleaned. If a surface cannot be cleaned for any reason the condition must be reported to the Engineer immediately. In addition, any surface considered to be unsuitable for proper finishing must be brought to the attention of the Engineer. Contractor must not apply coating until corrective measures have been taken. After cleaning/washing, surfaces must be allowed to dry at least two days or until the moisture content of the surface to be painted is no more that 15%. Mildew and algae growth on surfaces must be removed by washing with a mild bleach solution and scrubbed where necessary with a soft bristle brush, or other approved method, rinsed and allowed to dry thoroughly before coating. Any loose, flaking, peeling, raised, bubbled and delaminated paint must be removed by scraping, wire brushing and/or sanding. Any remaining old coating must have adhesion that is sufficiently high as to prevent lifting as a layer with a putty knife. Edges of the remaining coating must be feathered to achieve a smooth appearance or filled with a patching compound. Surface defects and cracks in the stucco must be repaired in accordance with manufacturer’s recommendations for the coatings to be used. All patchwork to be done must match existing stucco texture to blend in when surface is painted. Cracks ranging from 1/64" to 1/32", apply appropriate KEL-SEAL Elastomeric Sealant (brush grade) over entire area in need of renovation. If surface is chalky, apply Kelly-Moore 98 Stucco Seal before applying sealant. Cracks exceeding 1/32", route out to 1/4" wide by 1/4" deep. When completed check to see if surface is sound and free of loose materials. Large holes and cracks, trowel with Rapid Set Stucco Patch, feather edges to match existing. Pressure wash metal surfaces to remove dirt contaminants, rust scale or oxides and loose and peeling paint. Wire brush, scrape, or sand as necessary to provide a smooth surface for paint application. Prime all bare and rusted metal with recommended epoxy primer. You must check all caulked and sealed joints for deterioration. Particular attention must be given to sealed joints at cornices and architectural projections. Deteriorated joints must be repaired by removing all existing caulking, sealants and other loose, deteriorated or foreign materials from joint. Joint must be recaulked and sealed following manufacturer’s Page 143 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 recommendations for preparation, priming, backing and application. Use Tremco “Dymeric” sealant or approved equal. City Inspector will verify that surfaces are ready to receive coatings as instructed by the product manufacturer prior to placement of coatings. Contractor must not apply products to unsuitable surfaces. Preparation, coating and application must conform to the requirements of these Special Provisions and the manufacturer’s recommendations. Any deviation from manufacturer’s recommendations must be approved in writing by the manufacturer prior to starting alternate procedures. Comply with manufacturer’s recommendations for drying time between coats. Edges of coating adjoining other materials or other colors must be clean and sharp. Thinning shall be permitted only as recommended by the manufacturer for the conditions of application and allowed by applicable regulations. Each application of coating must be applied evenly with proper film thickness and free of sags, runs, skips, streaks and brush marks, with no evidence of poor workmanship. Care must be exercised to avoid lapping on glass or hardware. You must mask, cover and shield all walkways, adjacent buildings and windows, lights, signs and other surface features that cannot be removed and all other surfaces not intended for coating as specified. Surfaces from which materials cannot be removed satisfactorily must be recoated to produce a finish satisfactory to the City. When two or more coats of coating are specified, the first coat must contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color or shade. Where the number of coats or dry film thickness is specified or recommended by the manufacturer, they will be considered a minimum. The Contractor must apply additional coats as necessary at no additional cost to achieve the specified dry film thickness and to produce uniform color and provide satisfactory finish results. In cases where a newly coated portion of a wall or surface is found to be unacceptable, the whole wall or surface must be recoated. At the conclusion of the work, the Contractor will provide to the City all unused and partially full cans of coatings for use by the City. The City may provide for inspection of any or all of the work completed under this contract during the one year following the date of completion or placement into service or such longer period of time as may be prescribed by laws, regulations of all coating work required by this Page 144 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 section. If any work is found to be defective, as determined by the City, its employees or consultants, you must promptly correct the defective work at no cost to the City. All defective work must be repaired in accordance with the coating manufacturer's recommendation and the satisfaction of the City in order to bring the defective areas up to the quality level of the original work required by this specification. If you do not complete corrective work promptly, the City may complete the work itself or hire others to complete it for them. You and your Surety will be liable to the City for all direct and indirect costs. DIVISION XI MATERIALS 91 PAINT Add to Section 91-Paint Approval of materials and products by the City does not waive your responsibility to provide materials which will meet the needs of the building’s coating or the guarantee period. Painting must be in accordance with these Special Provisions and the manufacturer’s recommendations. Should a conflict arise between these specifications and the manufacturer’s recommendations, the more rigorous or intensive surface preparation or paint application will apply. You must supply all materials, equipment tools, storage, coatings, solvents, abrasives, air compressors, hoses, paint guns, materials storage and any other tools and equipment necessary for the proper preparation and application of the coatings. You must be attentive to wind conditions to reduce the drifting of dust and coatings and must make every effort to prevent the damage of public and private property. Paints must be applied only on thoroughly dry surfaces and during periods of favorable weather. No coating or paint will be applied to wet or damp surfaces, in rain, fog, or mist, nor in conditions not recommended by the manufacturer. If such conditions are prevalent, coating or painting must be delayed or postponed until conditions are favorable. The day's coating or painting must be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. Unless otherwise required by the manufacturer’s instructions, coatings must not be applied when relative humidity is above 70 percent or when temperature is below 50 degrees or above 100 degrees. The thickness of coatings and paint must be checked with a non-destructive, magnetic type thickness gauge. In cases of dispute concerning film thickness, measurements made with instruments shown to be in calibration with the National Bureau of Standards calibration plates will predominate. You must furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dry- film thickness gauge. All inspection devices must be in good working order. Page 145 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 Coating materials must conform to these Special Provisions. Only high-grade products of manufacturers having an established good reputation in the manufacture of quality protective coatings will be used. Products must be delivered to the project site in original unbroken packages bearing the manufacturer’s name and product number. The paragraphs below and the attached schematic plans identify different surfaces and the coating type to be applied to the structure and associated components. The following coating system by Kelly-Moore Paints is pre-approved for use on this project: Stucco/Plaster Utility Box Covers, Utility Meters and all Metal Support Brackets, Bollards Galvanized Drip Flashing, Downspouts, Vents and Pipes Metal, Doors and Frames Ferrous Pipe 1. Clean and prep per this Section. 2. Prime where needed with Bar-Rust 235V. 3. Finish with two (2) coats with Devthane 379H. Colors for top coats must generally match the original colors on the building. The following pre-approved Kelly-Moore colors may be used or matched closely: Color 1 – BM711 Boca Raton Blue Color 2 – BM904 White Blush Color 3 – DC9400 Safety Yellow Color 4 – DC9000 Safety Red Undercoats shall be a lighter color than top coat. You must prepare color and finish samples for each finish color. Refer to these Special Provisions for submittal requirements. Final coat of paint must not be applied until finish colors have been submitted and approved by the Engineer. You may submit for consideration coatings and materials of manufacturer's other than those specified herein in. Submittals must be in accordance with these Special Provisions. The submittals for coating products must at a minimum contain the following information: a. Material Name / Manufacturer b. Standards which the product complies with c. Conditions for which the product was developed or can be used under d. Testing information / data on product e. Any material guarantees f. Expected life Page 146 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 8 g. Surface Preparation for coatings including any special requirements for this project h. Recommended uses i. Safety precautions and SDS sheets j. Track record for coatings k. Installation guidelines l. Name and phone number of the area sales representative for the product m. Any other information you feel would be helpful in the City’s review You must provide satisfactory documentation from the firm manufacturing the proposed material that the material meets the specified requirements and is equivalent to or better than the listed materials in the following properties: a. Quality b. Durability c. Resistance to abrasion and physical damage d. Life expectancy e. Ability to recoat in the future f. Solids content by volume g. Dry film thickness per coat h. Compatibility with other coatings i. Suitability for the intended service j. Resistance to chemical attack k. Temperature limitations in service and during application l. Type and quality of recommended undercoats and topcoats m. Ease of application n. Ease of repairing damaged areas o. Stability of color Materials submitted for coating systems for each type of surface must be the product of a single manufacturer. All submitted coating products must be in compliance with all current local, state and federal air quality mandates. DIVISION XIII APPENDICES Page 147 of 802 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on this ______ day of ___________, 20__, 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 148 of 802 APPENDIX APPENDIX 1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 10. Labor Code Section 1725.5 Statements 11. Bidder Acknowledgements 12. Qualifications 13. Non-collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined Page 149 of 802 APPENDIX APPENDIX 2 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. 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 Page 150 of 802 R ______ RESOLUTION NO. _____ (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS RESERVE FUND TO SUPPORT THE CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NUMBER 2000075-9.01 WHEREAS, in June of 2019, City Council approved the 2019-21 Financial Plan, which identified the Corp Yard – Fuel Island Coating and Dispensers with a budget of $155,000 to support construction efforts; and WHEREAS, in June of 2019, City Council approved the 2019-21 Financial Plan which identified the Corp Yard – Fuel Island Siding with a budget of $178,000 to support construction efforts; and WHEREAS, in June of 2021, City Council approved the 2021-23 Financial Plan which combined both previous projects into a single called Corp oration Yard Fuel Island and Wash Station Rehabilitation (Project) with a budget of $300,000 to support the design and construction efforts; and WHEREAS, in June of 2023, staff will recommend approval of the 2023-25 Financial Plan – Capital Improvement Program, which identified the Project with an additional budget of $250,000 to support the implementation of the work; and WHEREAS, to provide funding to support the total construction contract for the Project, staff is recommending City Council approve the use of an additional $300,000 from the Capital Projects Reserve Fund; and WHEREAS, a balance of $4,000,000 will be available on July 1, 2023 for the Capital Projects Reserve Fund NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Page 151 of 802 Resolution No. _____ (2023 Series) Page 2 R ______ SECTION 1. The City Council authorizes staff to transfer $300,000 from the Capital Projects Reserve Fund to the Corporation Yard Fuel Island and Wash Station Rehabilitation project account 2000075-9.01. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2023. ___________________________ 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 152 of 802