HomeMy WebLinkAbout1. ContractAGREEMENT
AGREEMENT
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FORM OF AGREEMENT
THIS AGREEMENT, made on _____________________________, by and between the
City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County,
California (hereinafter called the Owner) and SOUZA ENGINEERING CONTRACTING,
INC. DBA SOUZA CONSTRUCTION (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
TANK FARM ROAD AND ORCUTT ROAD ROUNDABOUT, SPECIFICATION NO.
1000164
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1. Jurisdictional Permits
Compliance
LS 1 $3,400.00 $3,400.00
2. Progress Schedule (Critial
Path Method)
LS 1 $2,300.00 $2,300.00
3. Temporary Traffic Control LS 1 $21,000.00 $21,000.00
4. Type III Barricade EA 2 $121.00 $242.00
5. Channelizer (Surface
Mounted)
EA 229 $34.18 $7,827.22
6. Temporary Traffic Stripe LF 14,157 $3.31 $46,859.67
7. Temporary Railing (Type K) LF 2,500 $24.00 $60,000.00
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8. Alternative Temporary Crash
Cushion
EA 3 $3,583.29 $10,749.87
9. Construction Area Signs LS 1 $16,538.25 $16,538.25
10. Portable Changeable
Message Sign
EA 3 $11,000.00 $33,000.00
11. Prepare and Implement Storm
Water Pollution Prevention
Plan
LS 1 $16,000.00 $16,000.00
12. Temporary Erosion Control LS 1 $33,599.33 $33,599.33
13. Adjust Gas Valve to Grade
(City Std 6040)
EA 2 $635.00 $1,270.00
14. Adjust Communication
Manhole to Grade (City Std
9030)
EA 1 $1,332.00 $1,332.00
15. Modify Existing Tank Farm
Road Culvert
LS 1 $26,000.00 $26,000.00
16. Roadway Excavation (F) CY 5,838 $46.00 $268,548.00
17. Basin Excavation CY 5,192 $15.00 $77,880.00
18. Structure Backfill (Headwalls) CY 345 $116.00 $40,020.00
19. Planting LS 1 $36,000.00 $36,000.00
20. Plant Establishment Work MONTH 12 $599.00 $7,188.00
21. Wood Chip Mulch CY 161 $81.00 $13,041.00
22. Irrigation LS 1 $35,000.00 $35,000.00
23. Gravel Mulch (1.5" Diameter
Gravel)
CY 2 $980.00 $1,960.00
24. Topsoil Backfill CY 1,300 $78.00 $101,400.00
25. Hydroseed SQFT 25,634 $0.17 $4,357.78
26. Hydromulch SQFT 30,043 $0.11 $3,304.73
27. Imported Biofiltration Soil CY 479 $85.50 $40,954.50
28. Erosion Control (Dry Seed) SQFT 4,409 $0.42 $1,851.78
29. Rolled Erosion Control
Product (blanket)
SQFT 8,214 $0.82 $6,735.48
30. Compost SQFT 8,214 $0.68 $5,585.52
31. Class 3 Aggregate Base CY 427 $188.00 $80,276.00
32. Class 2 Aggregate Base CY 3,826 $73.00 $279,298.00
33. Slurry Seal (Type II) SQFT 10,123 $3.30 $33,405.90
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34. Temporary Hot Mix Asphalt
(Type A)
TON 300 $218.00 $65,400.00
35. Hot Mix Asphalt (Type A) TON 2,503 $128.00 $320,384.00
36. 6" Asphalt Berm (City Std
7120)
LF 845 $13.00 $10,985.00
37. Structural Concrete - Box
Culvert (Orcutt Road Box
Culvert Extension)
CY 15 $5,520.00 $82,800.00
38. Structural Concrete - Wingwall
(Orcutt Road Box Culvert
Extension)
CY 15 $3,370.00 $50,550.00
39. Structural Concrete -
Headwall (Orcutt Road Box
Culvert Extension)
CY 2 $2,800.00 $5,600.00
40. Structural Concrete -
Retaining Wall (Orcutt Road
Driveway Culvert
Modification)
CY 62 $1,800.00 $111,600.00
41. Remove Existing Orcutt Road
Culvert Headwall
CY 8 $950.00 $7,600.00
42. Partial Existing Orcutt Road
Box Culvert Removal
LS 1 $6,400.00 $6,400.00
43. Rock Slope Protection Fabric
(Class 8)
SQYD 52 $16.00 $832.00
44. Concreted - Rock Slope
Protection (1/4 T, Method B)
CY 52 $261.00 $13,572.00
45. Remove Concrete Curb LF 187 $5.00 $935.00
46. Remove Concrete Curb &
Gutter
LF 719 $5.25 $3,774.75
47. Remove Concrete Sidewalk
(Full Structural Depth)
SQFT 4,764 $1.70 $8,098.80
48. Raised Cobblestone Median
(City Std 4940)
SQFT 561 $47.50 $26,647.50
49. Minor Concrete (City Std 4020
Curb)
LF 2,847 $42.00 $119,574.00
50. Minor Concrete (Caltrans
Type D4 Curb)
LF 500 $50.00 $25,000.00
51. Minor Concrete (Truck Apron
Type 2 Curb)
LF 300 $295.00 $88,500.00
52. Detectable Warning Surface
(City Std 4440)
SQFT 425 $40.00 $17,000.00
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53. Minor Concrete (City Std 4030
Curb & Gutter)
LF 1,984 $45.00 $89,280.00
54. Minor Concrete (Modified City
Std 4030 Curb & Gutter)
LF 268 $67.75 $18,157.00
55. Minor Concrete (Driveway) SQFT 368 $24.00 $8,832.00
56. Minor Concrete (Sidewalk) SQFT 14,376 $9.50 $136,572.00
57. Minor Concrete (Stamped
PCC)
SQFT 6,499 $16.00 $103,984.00
58. Minor Concrete (Textured
Truck Apron / Truck Blister)
SQFT 3,112 $30.00 $93,360.00
59. Beehive Grate EA 1 $1,575.00 $1,575.00
60. Reset Centerline Monuments EA 6 $1,183.00 $7,098.00
61. Clearing and Grubbing LS 1 $12,000.00 $12,000.00
62. Pavement Repair (Surface
Restoration)
SQYD 113 $41.00 $4,633.00
63. Remove Asphalt Berm LF 850 $4.00 $3,400.00
64. 8" DIP Main (Recycled Water) LF 771 $115.00 $88,665.00
65. Relocate 6" Lateral LF 62 $252.00 $15,624.00
66. Remove Recycled Water
Hydrant, Tee Connection and
Lateral
EA 1 $4,500.00 $4,500.00
67. Abandon Lateral and Blowoff
(City Std 6050)
EA 3 $903.00 $2,709.00
68. Adjust Water Meter EA 3 $696.00 $2,088.00
69. Adjust Water Valve to Grade EA 10 $772.00 $7,720.00
70. Relocate Fire Hydrant (City
Std 6310)
EA 1 $4,000.00 $4,000.00
71. Recycled Water Hydrant
Assembly (City Std 6315)
LS 1 $11,250.00 $11,250.00
72. Adjust Sewer Manhole to
Grade
EA 5 $1,448.00 $7,240.00
73. Abandon Sewer Lateral and
Cleanout (City Std 6050)
EA 1 $903.00 $903.00
74. 18" HDPE Pipe LF 16 $180.00 $2,880.00
75. 12" Reinforced Concrete Pipe
(Class III)
LF 395 $133.00 $52,535.00
76. 18" Reinforced Concrete Pipe
(Class III)
LF 241 $161.00 $38,801.00
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77. 12" Concrete Flared End
Section
EA 1 $1,700.00 $1,700.00
78. 18" Concrete Flared End
Section
EA 1 $2,800.00 $2,800.00
79. 4" Perforated Plastic Pipe
Underdrain, Cleanouts, and
45 Degree Wyes
LS 1 $7,600.00 $7,600.00
80. 48" Storm Drain Manhole (City
Std 3520)
EA 3 $9,200.00 $27,600.00
81. Catch Basin (City Std 3355) EA 5 $13,000.00 $65,000.00
82. Catch Basin with Extended
Side Opening (City Std 3355 &
3360)
EA 2 $21,000.00 $42,000.00
83. Drainage Inlet Marker EA 7 $250.00 $1,750.00
84. Utility Area Catch Basin,
Medium Duty 24" X 10"
EA 1 $1,400.00 $1,400.00
85. Filterra Offline System LS 1 $79,000.00 $79,000.00
86. Remove Wire Fence LF 1,044 $8.00 $8,352.00
87. Rail Fence (City Std 9050) LF 242 $45.00 $10,890.00
88. Pavement Marker
(Retroreflective)
EA 167 $9.00 $1,503.00
89. Furnish Single Sheet
Aluminum Sign (0.063"-
Unframed)
SQFT 299 $18.00 $5,382.00
90. Furnish Single Sheet
Aluminum Sign (0.080"-
Unframed)
SQFT 32 $19.00 $608.00
91. Furnish Single Sheet
Aluminum Sign (0.063"-
Framed)
SQFT 16 $25.00 $400.00
92. Roadside Sign - One Post
(City Std 7210)
EA 33 $270.00 $8,910.00
93. Roadside Sign - Two Post
(City Std 7210)
EA 4 $358.00 $1,432.00
94. Install Sign (Strap and Saddle
Bracket Method)
EA 6 $137.00 $822.00
95. Object Marker EA 3 $93.00 $279.00
96. Relocate Roadside Sign-One
Post
EA 4 $159.00 $636.00
97. Remove Roadside Sign EA 9 $83.00 $747.00
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98. Reclaimed Water Sign EA 12 $192.00 $2,304.00
99. Midwest Guardrail System LF 90 $71.00 $6,390.00
100. Flared Terminal System End
Treatment
EA 2 $5,700.00 $11,400.00
101. Cable Railing LF 60 $29.00 $1,740.00
102. Remove Guardrail LF 246 $8.00 $1,968.00
103. 6" Thermoplastic Traffic Stripe LF 6,849 $2.20 $15,067.80
104. 8" Thermoplastic Traffic Stripe LF 50 $2.20 $110.00
105. Thermoplastic Pavement
Marking
SQFT 1,528 $4.50 $6,876.00
106. Lighting System LS 1 $128,000.00 $128,000.00
107. Solar Flashing Beacon
System
LS 1 $30,000.00 $30,000.00
108. Temporary Fence (Estimated) LF 350 $13.00 $4,550.00
109. Gate EA 1 $1,800.00 $1,800.00
110. Rail Fence (City Std 9050)
with 3-Strand Barb Wire
LF 475 $53.00 $25,175.00
BID TOTAL: $ 3,504,175.88
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
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10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
DocuSign Envelope ID: 4714FA17-188C-42E6-9553-A80776355554
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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
CONTRACTOR:
Souza Engineering Contracting, Inc.
Dba Souza Construction
By:
Heidi Harmon, Mayor Steve A. Souza
Its: PRESIDENT
APPROVED AS TO FORM
(2nd signature required if Corporation):
By:
J. Christine Dietrick
City Attorney
Stuart Souza
Its: SECRETARY
DocuSign Envelope ID: 4714FA17-188C-42E6-9553-A80776355554