Loading...
HomeMy WebLinkAboutItem 5k. Authorization to Advertise Ruth and Iris Streets' Culvert Replacement Project (Spec. No. 2090742-01) Item 5k Department: Public Works Cost Center: 5301 For Agenda of: 6/20/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Anthony Ramos, Engineer III SUBJECT: AUTHORIZATION TO ADVERTISE RUTH AND IRIS STREETS’ CULVERT REPLACEMENT, SPECIFICATION 2090742-01 RECOMMENDATION 1. Approve the project plans and specifications for Ruth and Iris Streets’ Culvert Replacement, Specification Number 2090742-01; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract for the lowest responsible bid if within the Engineer’s Estimate of $275,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget. POLICY CONTEXT 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. On June 6, 2023, Council adopted the 2023-25 Financial Plan. Asset maintenance makes up about 22% of the first year Financial Plan’s funds which serve to repair or replace existing infrastructure that is attributed to the quality of life for residents. DISCUSSION Background Replacement of Corrugated Metal Pipe (CMP) is a primary focus of the Storm Drain System Replacement Annual Asset Maintenance project. CMP storm drains have a service life span of approximately 30 years, and some sections of CMP storm drains have been in service for 50 years or more. CMP storm drains fail primarily due to rust, corrosion, and abrasion from sediment and debris flowing through the pipe. Once the integrity of CMP has been compromised, the soil surrounding the pipe is susceptible to failure, leading to sinkholes and roadway repairs. Page 691 of 802 Item 5k The CMP storm drain at the intersection of Ruth Street and Iris Street that crosses Iris Street collapsed in October 2022 and there is a sinkhole in the area above the collapsed pipe. The scope of this project includes replacing this section of failed CMP storm drain and repairing the damaged street. It also includes replacing a drainage inlet and adding storm drain infrastructure and asphalt curbing to capture street drainage from the nearby areas. Public Engagement Beyond the required noticing for this item before Council at a public meeting, general public engagement was not performed for this project as it resulted from an unanticipated pipe failure; however, Staff have been in contact with adjacent property owners regarding the plans for repair. CONCURRENCE The Public Works Department and Utilities Department concur with the recommendations of this report. ENVIRONMENTAL REVIEW The project is categorically exempt from environmental review pursuant to State CEQA Guidelines Sections 15302 (Replacement and Reconstruction) and 15303 (New Construction or Conversion of Small Structures) because the project consists of replacement of failed pipe and drainage inlet, repair of an existing street, and the construction of new storm drain infrastructure. The improvements will have substantially the same purpose and capacity as the infrastructure to be repaired and replaced. 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 $807,964.60* $333,500 $474,464.60 $ State Federal Fees Other: Total $807,964.60 $333,500 $474,464.50 $ *Assuming Council approval of staff’s recommended allocation of $800,000 to the Storm Drains Annual Maintenance Account (2090742) in FY 2023-24 with adoption of the 2023-25 Financial Plan. Page 692 of 802 Item 5k ESTIMATED PROJECT COST BY FUNDING SOURCES Ruth and Iris Culvert Replacement, Specification No. 2090742-01 Storm Drains Annual Maintenance Account (2090742) Project Total Costs General Fund Engineer's Estimate $275,000 $275,000 Contingencies (20%) $55,000 $55,000 Total Construction Estimate $330,000 $330,000 Materials Testing: $3,000 $3,000 Printing: $500 500 Total Project Cost $333,500 $333,500 Current Storm Drain Annual Asset Maintenance Balance (2090742) 7,964.60 FY 2023-24 Additional Funding on 7/1/2023 $1,875,000 Arterials 2023 paving project $1,000,000 Funding available for Ruth and Iris Culvert Replacement project $875,000 Remaining Balance $549,464.60 Funding for this project is proposed to come from the Storm Drain s Annual Asset Maintenance Account (2090742) which currently has a balance of $7,964.60. This project includes additional funding of $1,875,000 in Fiscal year 2023-24 which is included in the 2023-25 Financial Plan. The Arterials 2023 paving project was approved by Council to utilize up to $1,000,000 of the $1,875,000 requested funds from fiscal year 2023-24 reserved for storm drain maintenance work, leaving $875,000 remaining to support this project as shown in the above table. These combined remaining funds will be adequate to deliver this project. ALTERNATIVES Deny authorization to advertise. The City Council may choose not to authorize project advertisement. Staff does not recommend this alternative as this is an emergency storm drain project with failed roadway. Completion of construction is critical prior to the beginning of the rainy season as additional CMP deterioration, roadway damage, and flooding may be occur due to the CMP condition. ATTACHMENTS A - Project Plans (Spec. No. 2090742-01) B - Project Specifications (Spec. No. 2090742-01) Page 693 of 802 Page 694 of 802 Page 695 of 802 Page 696 of 802 Page 697 of 802 Page 698 of 802 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Ruth and Iris Storm Drain Repair Specification No. 2090742-01 June 2023 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Page 699 of 802 Ruth and Iris Storm Drain Repair Specification No. 2090742-01 Approval Date: June XX, 2023 Anthony Ramos June XX, 2023 Brian Nelson June XX, 2023 Page 700 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 WALNUT AND MORRO STORM DRAIN REPAIR, SPECIFICATION NO. 90742- 04 ............................................................................................................................................................... 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 4 SCOPE OF WORK ............................................................................................................................. 1 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 1 8 PROSECUTION AND PROGRESS ................................................................................................... 2 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 2 39 ASPHALT CONCRETE .................................................................................................................... 2 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 2 73 CONCRETE CURBS AND SIDEWALKS ........................... ERROR! BOOKMARK NOT DEFINED. 77 LOCAL INFRASTRUCTURE ............................................................................................................ 3 DIVISION XIII APPENDICES .................................................................................................................... 3 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 Page 701 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, San Luis Obispo California, 93401 until 11:00 a.m. on July XX, 2023 at which time they will be publicly opened and read aloud. Public bid opening may be accessed via Microsoft Teams video conference and conference call. In person attendance will be permitted. Attendees are encouraged to wear face masks and practice social distancing. Use the following link: Link or join by phone with this number: XXXXXXXXX with Conference ID: XXXXXXXX Submit bid in a sealed envelope plainly marked: Ruth and Iris Storm Drain Repair, Specification No. 2090742-01 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. 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. Page 702 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS ii 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. Questions must be submitted through BidSync so that it is available to the public. Contact the project manager, Anthony Ramos at 805-783-7875 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 consists of storm drain replacement and curb ramp construction. The project estimated construction cost is $275,000 Contract time is established as 25 working days. Page 703 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. QUALIFICATIONS You must possess a valid Class A or C-34 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 referenced projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. All referenced projects must be for installation of pipe within the public right of way. 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. Page 704 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS iv 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 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. Page 705 of 802 NOTICE TO BIDDERS NOTICE TO BIDDERS v 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 706 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 RUTH AND IRIS STORM DRAIN REPAIR, SPECIFICATION NO. 2090742-01 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 7,12 TRAFFIC CONTROL LS 1 ------- 2 17 CLEARING AND DEMOLITION LS 1 ------- 3 77 POTHOLING LS 1 ------- 4 72 RESET ROCK WALL LS 1 ------- 5 37,77 6 INCH FULL DEPTH REPLACEMENT SQFT 920 6 39 TYPE "E" DIKE LF 170 7 20 4" MIN THICK D.G. @ 2% SLOPE SQFT 600 8 73 CURB RAMP: SE RUTH AND IRIS LS 1 ------- 9 15 REMOVE (E) STORM DRAIN PIPE LF 50 10 15 REMOVE (E) DRAINAGE INLET EA 1 11 77 INSTALL 12" PVC (C900) DRAIN PIPE LF 205 12 77 INSTALL (N) CATCH BASIN PER ENG. STD. 3355 EA 1 13 77 INSTALL (N) CATCH BASIN PER ENG. STD. 3360 EA 1 14 77 INSTALL (N) MODIFIED CATCH BASIN EA 1 15 77 INSTALL (N) STORM DRAIN MANHOLE PER ENG. STD. 3530 EA 2 Page 707 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) 16 ADJUST/RESET WATER VALVE OR METER TO GRADE EA 5 17 51 12" CONCRETE FLARED END SECTION EA 1 18 73 CONCRETE CURB LF 15 19 72 PLACE RIP RAP (20 LB, CLASS I, METHOD B) CY 1.8 20* 73 ADDITIONAL CURB AND GUTTER ALLOWANCE LF 10 21* 73 ADDITIONAL SIDEWALK ALLOWANCE SQFT 50 Bid Total $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. * Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted regardless of the final bid item quantity. Page 708 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 709 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 710 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 711 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 712 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 713 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): Did this project include installation of pipe within the public right of way? 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): Did this project include installation of pipe within the public right of way? 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): Did this project include installation of pipe within the public right of way? 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 714 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 715 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. Ruth and Iris Storm Drain Repair 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 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 7, 12, 15, 17, 20, 37, 39, 51, 52, 72, 73, and 77 for general, material, construction, and payment specifics. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Staging and storing of equipment and material at the project site is prohibited. No full width street closures will be permitted. Traffic control plans should maintain two- way circulation with flaggers and minimum 10’ travel lane. Page 716 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. DIVISION V SURFACINGS AND PAVEMENTS 39 ASPHALT CONCRETE Add to Section 39-1.02B MATERIALS, Tack Coat All vertical edges to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges. DIVISION VIII MISCELLANEOUS CONSTRUCTION 39 CONCRETE CURBS AND SIDEWALKS Add to Section 73-1.03 CONSTRUCTION The contractor must meet with the Engineer before saw-cutting to agree on the limits of demolition and removal and after formwork is set, to verify that grades meet those stated on the Plans. Full compensation for concrete spandrels is paid on a square footage basis as shown in the bid item list and is identified as the portion of the concrete between curb returns. Bid items 20 & 21 are additional items intended for field changes and additions to work shown on the plans. The intent of the additional items is to provide additional payment to conform specified work to existing field conditions on a per unit price basis. Sections 9 - 1.06B and 9-1.06C are waived for these bid items and you are advised that these bid items may be increased, decreased or deleted in their entirety without any additional compensation. Page 717 of 802 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 77 LOCAL INFRASTRUCTURE Add to Section 77-1.01 EXCAVATION AND RESTORATION, GENERAL; Protection and restoration of survey monuments and benchmarks must comply with Section 5-1.26 and 5-1.36. Not all survey monuments and benchmarks are shown on plans. The Contractor is responsible for examining the site of work. A submission of a bid is conclusive evidence that the bidder has investigated the location of all survey monuments and benchmarks to be encountered. The contractor must take precaution during excavation and protect existing improvements not marked for removal from damage. To minimize impact to private properties, skid steer, bobtail dump truck and mini excavator must be used to complete pipe installation and erosion control work. All other equipment to be used for work within private properties must be approved by the engineer. Upon completion of work within private properties, the contractor must restore private property improvements to the same condition before the start of construction. Add to Section 77-1.03B(1) TRENCH CONSTRUCTION, General All abandoned waterlines encountered partially or entirely within the trench section for the new storm drain must be removed and disposed of. The active/abandoned status of all waterlines has been shown on the plans. The Contractor must notify the City immediately if any waterline shown as abandoned is found to be active. Add to Section 77-1.03D Surface Restoration Repair trench paving on Ruth and Iris and at the intersection of Ruth and Iris must be repaired with 6 inches of AC and will be paid for by Bid Item 14. DIVISION XIII APPENDICES Add 100-1.01 Appendix A: Form of Agreement Appendix B: Right of Entry Page 718 of 802 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NAME OF PROJECT, SPEC NO. in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. Page 719 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 by agreement between the parties or by the findings of a court of competent jurisdiction. In Page 720 of 802 APPENDIX APPENDIX 2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. 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 721 of 802 Page 722 of 802