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HomeMy WebLinkAboutItem 5e. Approve Special Provisions for Job Order Contract for Streets and Sidewalk Maintenance 2023 (Spec. No. 1000199) Item 5e Department: Public Works Cost Center: 5006 For Agenda of: 11/7/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Manny Guzman, Construction Engineering Manager SUBJECT: APPROVE SPECIAL PROVISIONS FOR JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2023, SPECIFICATION NO. 1000199 RECOMMENDATION 1. Approve Special Provisions for Job Order Contract for Street and Sidewalk Maintenance 2023, Specification No. 1000199; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the contract to the lowest responsive bidder. POLICY CONTEXT Job Order Contracting is authorized by Section 901(E) of the City’s Charter and Municipal Code Section 3.24.145. Purchasing Guidelines for Job Order Contracts were approved by Council via Resolution No. 10621 (2015 Series) (Attachment B). DISCUSSION Background Job Order Contracting is an alternative bidding procedure that was approved by the voters and added to the City’s Charter on November 5, 2002 (Attachment A). It provides for on call infrastructure repair contracting. The Job Order Contract (JOC) provisions enable the City to perform construction projects for the repair, remodeling, or other rep etitive work under a competitively bid unit price contract. This ensures the City gets a consistent price while speeding up project delivery where detailed design is not required. The City first implemented a JOC program shortly after the Charter amendme nt was approved by the voters. The Gordian Group was retained to develop the JOC program in which 160,000 pre-priced construction tasks were developed, and the contractors bid a percentage markup. The City used this contract for about 2 years. The 2003 JOC lapsed in 2005. Page 77 of 231 Item 5e Engineering staff revisited the JOC concept in 2011 and created a more focused specification targeting trench repairs needed after emergency pipeline repairs occur. Instead of bidding a JOC program that covers every imaginable type of work and essentially pays the contractor for each worker and each piece of equipment that is used to complete the work, a program was developed to bid on the finished product. This methodology is consistent with other types of projects the City completes and has made it simpler for the contractors to prepare and submit proposals and streamlined delivery of work. In 2013, the JOC was expanded to include concrete repairs as additional funding was provided through the Financial Plan that increased the City’s budget for infrastructure maintenance. Over the past two years, engineering staff has generated 45 Task Orders using Job Order Contracting, totaling over $1,116,000. This has proven to be an effective approach to handling pavement repairs and other maintenance work items. The Job Order Contract has been used to repair over 14,000 square feet of trench patches, 5,500 square feet of sidewalk, and 50 lineal feet of curb and gutter, and to perform potholing at 140 locations to provide higher quality design work and reduce change orders. The proposed Job Order Contract for Streets and Sidewalk Maintenance 2023 is modeled after the successful Maintenance Work JOC 2016, 2019, and 2021 that included maintenance work items to repair sidewalks and trenches and a series of other miscellaneous items that help staff address complaints and emergency repairs. The current JOC is in its second year and is set to expire on November 8, 2024. The current contractor, Souza Engineering Contracting, Inc., has requested to be released early from the contract as they have limited labor and are unable to fulfill the contract work in a timely manner. Staff supports the release of Souza as the Project Contractor mainly because the current JOC does not provide adequate language to enforce the commencement of work after task orders have been issued. With a revised contract, Staff will be able to better control and project start and completion dates for all future work done with the JOC. To keep the JOC available to the City, the Special Provisions will need to be re-bid and awarded to a new contractor. How the Job Order Contract is Managed and Monitored When maintenance work covered under the JOC is needed, the repair cost is calculated based on the contract unit prices. Engineering staff creates a Task Order with the work scope identified, and any location or special provision information provided to the contractor. The contractor then can ask questions or identify elements overlooked in the Task Order. Once the contractor accepts the Task Order, it is authorized by the City Engineer for projects if funding is available within approved budgets. Task Orders more than the approved budget will be presented to Council for approval. This process follows the updated City Purchasing Policy and the authorization limits set by Council in Resolution No. 10621 (Attachment B). Page 78 of 231 Item 5e Public Engagement Work covered by Job Order Contracting is funding by Capital project budgets included as part of past Financial Plans and the current 2023-25 Financial Plan. At time of budget adoption, the public was provided an opportunity to review and comment upon all capital project work. The Public Engagement and Noticing Manual will be followed when work is carried out with the JOC. CONCURRENCE The Public Works and Utilities Departments concurs with the recommendation of this report. ENVIRONMENTAL REVIEW This project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines since it is a maintenance and replacement project of existing facilities. A Notice of Exemption has been filed with the Community Development Department. FISCAL IMPACT Budgeted: N/A Fiscal Year: N/A Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other: Total $N/A $N/A $N/A $N/A The award of the contract does not obligate any funds for construction. Once the contract has been executed, work will be scoped, and Task Orders issued for work budgeted and appropriated through the adoption of the City’s Financial Plan. The funding sourc es for this work are primarily the Street Reconstruction and Resurfacing (R&R) Annual Asset Maintenance Account, Water Distribution System Improvement – Trench Repair Annual Asset Maintenance Account, Collection System Improvement Annual Asset Maintenance Account, and the Sidewalk Repair Annual Asset Maintenance Account. Page 79 of 231 Item 5e ALTERNATIVES Deny authorization to advertise. The City Council may choose not to authorize the advertisement of the project. This is not recommended because the JOC program is a cost-effective way to get necessary maintenance work completed in a short period of time. ATTACHMENTS A - Job Order Contracting and Alternative Bidding Procedure B - Resolution No. 10621 – Updated Purchasing Guidelines C - Special Provisions Page 80 of 231 FROM: C, council aqenba Reporit CITY OF SAN LUIS OBISPO Michael D. McCluskey, Public w?v· r • Director Bill Statler, Director ofFin_~ce Jay D. Walter, City Engineer 1J Mcctina:Datc: 4-15-03 I,.,.Nwnbcr SUBJECT: JOB ORDER CONTRACTING AND ALTERNATIVE BIDDING PROCEDURES CAO RECOM1\.1ENDATION Introduce an ordinance amending Chapter 3.24 of the Municipal Code to provide for the use of Job Order Contracting and Alternatlve Bidding Procedures for construction projects. DISCUSSION Background The City's Mission Statement and the Council's budget and fiscal policies both strongly encourage enhancements in productivity, including changing cumbersome procedures. In December 2001, the Director of Public Works authorized staff to research additional methods to accomplish construction projects. After a review of the existing Public Contract Code and inquiring of several cities and counties, we found two alternative methods that are in broad use throughout the state: Job Order Contracts (JOC) and the Uniform Public Construction Cost Accounting Act (Alternative Bidding Procedures), wnich offer added methods for cities to accomplish construction projects. They are particularly beneficial when focusing on smaller, repetitive-type projects that can be accomplish~d quickly without the need for the same formal plans and specifications that larger, more complex projects require. Based on the experience of other agencies (including Cal Poly and the County), these added methods could significantly enhance the Engineering Division's ability to deliver construction projects for the City faster and at a lower cost. Charter Amendments. On May 7, 2002, the Cou·ncil conceptually implementing the two alternative methods for construction project contracting; and on June 18, 2002, formally authorized placing a measure on the November 5, 2002 ballot to amend the City Charter to allow their use. The voters overwhelmingly approved Measure L-02 by 77%. Current Policies and Procedures. The City's current purchasing policies ·and procedures governing construction projects are set forth in a number of documents, including the California Public Contract Code, City Charter, Municipal Code, Purchasing Resolution and Financial Management Manual. In addition to amending the Charter, the City now needs to amend the Municipal Code regarding formal bidding procedures (Article III of Chapter 3.24) in order to implement JOC aQd alternative bidding procedures. The City's Purchasing Resolution will also need to be amended and this is the subject of a companion agenda item .. Page 81 of 231 Job Order Contracting and Alternative Bidding Procedures Page2 Municipal Code Amendments Only Article III of the City's purchasing ordinance (Chapter 3.24 of the Municipal Code), which addresses the City's formal bidding procedures, needs to be amended to implement JOC and alternative bidding procedures: all other provisions of the City's purchasing ordinance remain the same. The proposed revisions to Article III are highlighted in Exhibit A of the attached ordinance (the new text is shaded and the deleted text is struck thro1:1gh). The following summarizes the changes. Job Order Contracting. As previously discussed with the Council, JOC allows the use of a fixed unit-price contract for indefinite quantity contracts for maintenance-type construction contracts. In preparing the specifications for this master contract, • a detailed and comprehensive '"Construction Task Catalog" with general specifications and a "'baseline" cost is prepared for each specific task that is allowed to be performed under the master contract. The City then invites formal bids from general contractors, who will bid using a percentage adjustment factor (up or down) to be applied against the "baseline" unit prices in the bid document. The JOC award is then made to the contractor with the lowest adjustment factor. Work is subsequently performed under the JOC by the use of individual Task Orders, which are specific proposals agreed to by the City and the contractor on a project-by-project basis using the fixed unit-prices specified in the master contrac.t. The authority to approve Task Orders is set forth in the City's Purchasing Resolution. As discussed in the companion agenda item, we recommend that the City Engineer be authorized to approve JOC Task Orders up to $25,000; and that CAO approval be required for an Task Orders in excess of this amount. Regardless of the amount, all Task Orders will be subject to the requiteinent that the amount be equal to or less than the budget amount specifically approved by the Council for each project. This will be verified through the rigorous "CAO Report" and purchase order process already in place for all purchases. On December 17, 2002, the Council approved contracting with The Gordian Group to develop the extensive catalog and specifications needed to implement the JOC system. We plan to return to the Council for approval of these documents in June 2003. Once these are approved by the Council, with the addition of Section 3.24.145 in the attached Municipal Code amendment, we will be then be able to implement the JOC program in accordance with Charter requirements. Alternative Bidding Procedures. Until the Charter amendment approved by the voters in November 2002, all City construction contracts were governed by a Charter provision adopted in 1955, which in turn referenced a State Public Contract Code dating to the 1930's. The affect of this was to limit the ability for City employees to do minor construction work ($5,000 or less, including staff time, materials and equipment use), and to require formal bids for all construction work in excess of $5,000. While these dollar limits made sense seventy years ago, they don't any longer. The framers of the 1955 Charter tried to account for the passage of time by linking dollar limits to a specific section of the State Public Contract Code, rather than specifying a dollar amount in the Charter itself, under the reasonable assumption that over time, the State would amend the dollar amounts in the referenced code section. Unfortunately, the State never has. Instead, in 1985 it adopted ·•a1temati ve bidding procedures" in a separate section of the Public Contract Code than the Page 82 of 231 Job Order Contracting and Alternative Bidding Procedures one specified in the Charter. These "alternative bidding procedures" created the updated limits envisioned by the 1955 Charter framers by: 1. Allowing the use of "force account" (City staff and materials) for projects of $25,000 or less. 2. "Open market" soliciting of bids by phone, fax or letter forprojects of $25,000 or less. 3. Direct solicitation of formal bids from qualified contactors (with notice to construction trade journals) for projects of $25,000 to $100,000. In exchange for easing the requirements for lower-vitlue projects, the alterative procedures increase them for projects costing more than $100,000: published notice 14 days b~fore bids are due is required (versus the current 10-day requirement}; and mailed notice to trade journals 30 days before the bids are due is required (which isn't currently required at all). • With approval of the Charter amendment, the City can now use these "alternative bidding procedures." The changes and additions to Sections 3.24.150, 180, 185 and 187 of the proposed amendment are toimplementthe alternative procedures in accordance with Charter requirements .. Proposed Purchasing Guidelines Update A companion staff report titled ''Purchasing Guidelines Update" gives an overview of the City's current purchasing system and outlines the proposed resolution changes also needed to implemeClt JOC an:d the alternative bidding procedures, and integrate these changes into the City's overall purchasing system. CONCURRENCES In addition to the Council's action to authorize ·a ballot measure to amend the Charter, the SLO County Builders Exchange supported the City's adoption of both alternative methods. FISCAL IMPACT There are no direct fiscal impacts in adopting the proposed update to the City's Municipal Code. However, there will be indirect cost savings through improved organizational effectiveness and productivity by implementing these procedures. ALTERNATIVES Take No Action. Without these changes to the Municipal Code, the City cannot take advantage of the productivity improvements now envisioned in the City Charter. ATTACHMENT Ordinance amending Article ill of Chapter 3.24 of the Municipal Code. G: Finance/Manuals/Financial Management Manual/200-Purchasing/Proposed Updates//Council Agenda Report-JOC/ABP Page 83 of 231 ORDINANCE NO. (2003 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OFSAN LUIS OBISPO AMENDING CHAPTER3.24, ARTICLE III OF THE MUNICIPAL CODE TO PROVIDE FOR THE USE OF JOB ORDER CONTRACTING AND ALTERNATIVE BIDDING PROCEDURES FOR PUBLIC CONSTRUCTION PROJECTS WHEREAS, the citizens of San · Luis Obispo approved Measure L-02 on November 5, 2002, which :imended the City Charter to authorize the use of job order contracting for ~ntenance-related projects as provided under Section 20128.5 of the Public Contract Cod~ and alternative bidding procedures as provided under ~ection 22000 of the Public Contract Code ("UnifonRPublic Construction Cost Accounting Act") for public construction projects; and WHEREAS, Section 901 CE:) and (F) of the City Charter states that the Council shall es _tablish by ordinance guidelines for the use of such contracts and procedures. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article III of Chapter 3.24 of th_e Municipal Code of the City of San Luis Obispo is hereby amended as set forth in Exhibit A. SECTION 2. A summary ofthis ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance will go into on effect at the expiration of thirty (30) days after its final passage. INTRODUCED on April 15, 2003 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on _______ , 2003 on the following roll call vote: AYES: NOES: ABSENT: ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: -I -Page 84 of 231 AMENDMENT TO FORMAL CONTRACT PROCEDURES Chapter 3.24 of the Municipal Code ARTICLE ill. FORMAL CONTRACT PROCEDURE 3.24.140 Requirements for purchase. Exhibit A Except as otherwise provided in this chapter, purchases and contracts for supplies, services, equipment and Construction Jlli>jects )3HBlic works ftOt eoetroHeel 8~' 1:ke Charter, which are equal to or in excess of the bid requirement amount specified by council resolution, shall be by written contract with the lowest responsible bidder pursuant to the procedures prescribed in this article. --• ---~ --~-·-·----·------_,._------ J-l4!45 JobordercontractfugJ~-----------------------_______________ --~-------- As provided in Section 901 (E) of the Charter, the city may perfonn maintenance-related construction projects for repair, remodeling or other repetitive work under a unit-'price contract [9r all necess~ labor, materials and eg!tlpment, subject to the following conditions: ----·----~---· -------~------A. Such contr~cts are secured on a competitive basis in accorcjance with th~_procedures ~ ------~ . I set forth in this Article; . . ------------~ --------------------------------------------· B. No new cO_!IStll.J.ction will be performed und~r sue~_ contractsi -----------------------------------------------c. Tqe specifications for such contracts provide for unit-price tenns for all work that will ·---------· . •. I ------- typifally be_performed under individµal Task Ord~rs; __ _ _ _ D.The specifications for ·such contracts establish any limits on the amount of individu~ Task Orders to be issued under the contract; or on an)'. minimum or maximum cumulative amounts of Task Orders to be issued under the contract.; _ E. The cowicil will spec[y limits on tne authority to approve incij..:~_4!!.&.T.~~k Orders ~i resolution) ·~-~~-~· 3.24.150 Bids -Notice of invitation and submission. A. Notices inviting bids shall include, but not be limited to, the following: 1. A general description of the item(s) or service(s) to be purchased, or the public work to be constructed or improved; 2. The location where bid blanks and specifications may be secured; 3. The time and place assigned for the opening of sealed bids; 4. The type and character of bidder's security required, if any; and 5. The location and deadline for submission of bids. B. Notices inviting bids shall be 13t:1elisheel made as follows: tL For ~U:ppli~~. services and eg_!!!pmeftt, notices inviting bids shall be p_ublished at l!!~t_once in the official newspaper of the city, with the first publication occurring at least ten caj_~ndar days before the date of opening the bids. -2-Page 85 of 231 Exhibit A ---~--- AMENDMENTTOFORMALCONTRACTPROCEDURES _________ 2. For construction projects below an amount specified by council resolution; notices inviting bids shall be mailed to a list of qualified· contractors, identified according to categories of work, at least ten calendar days before the bids are due. the City Engineer is responsible for developing and maintaining this list based on the criteria determined by the California Uniform Construction Cost-Accounting Coqunission (herein~ter referred to as Commission in this Chapter). Notices shall also be maHed withjn ten calendar days before the bids are due to all construction trade journals as required by the Commission. If the city does not have a list of qualified contractors for the particular type of work to be performed; notices inviting bids will only be sent to the construction trade journals as required by the Commission : If the product or service is proprietary in nature and can only be obtained from a certai.tj contractor or contractors,_ notices. inviting bids _ will ohl:x be mailed~ to such contractor or ·contractors" ;3. For construction projects above an amount specified by council resolution; riotices--invitin-g bids distinctly describing t_he preject be published at least once in the offici~ newspaper of the city, with the first publication occurring at least fourteen calendar days befor~ the date of opening the bids. Notices inviting bids distinctly cte·scribing the project shall also b~ I • µiailed at least thirty calendar days bef_ote _ the date of opening bids to all construction trade journals as required by the Commission.i C. Sealed bids shall be identified as bids on the envelopes and shall be submitted to the purchasing authority. 3.24.160 Bids -Security requirement. Bidder's security may be required when deemed necessary by the purchasing authority. Bidders shall he entitled to return of bid security. However, a successful bidder shall forfeit his bid security upon refusal or failure to execute a contract within fifteen days after notice of award of that contract, unless the city is responsible for the delay. The contract may be awarded to the next lowest responsible bidder upon the refusal or failure of the successful bidder to execute the contract within the time herein prescribed. 3.24.170 Bids -Opening and retention. Sealed bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be made available for public inspection until the award of a contract. All bids shall be retained on file for a period of not less than two years. 3.24.180 Bids -Rejection. The purchasing authority may reject: A. Any bid that fails to meet the bidding requirements in any respect; or ___ 13. All bids, for any reason whatsoever, and m:ay readvertise for new bids pr_a.l;,andon th~ RUrchaseJ -3 -Page 86 of 231 Ex.h}bitA AMENDMENTTOFORMALCONTRACTPROCEDURES -------- C. In the case· of construction projects, the council may, by passage of a resolution by a , four-fifths vote, declare that the project can be performed· more ecoilolaj_~a)Jy _l?y ~rpp)_gyees of !!i~. city and Ina)'. have the project done by force account.I • a.24.185 Bids -None receivedJ if no bids are received, the p~ase may be made-throttg'h-negotiatei-co~t:ractorothet. process approved by the purchasing authority, including, irt the case of construction proj~ts) ~rfomiing the work _by einp1oy¢s ofthe city by force account .I 1--.---·-· ·-·----------·---,1.---·-----~ 3.24.187 Bids for construction projects .,.. In excess of limit~ ·-------)n the event that all bids received for a constrµction project-are more tharithe-maiimurri all~~e·ct under Section 22034(0 of Public Contract Code, and bids were invited pursuant to the provisions of Section 3.24.150(B._2), the Council may, by adoption of a resolution by foi.Jr.a.fifthJ vote, award the contract, in an amount not to exceed the maximum set forth in Section 22034(d of Public Contract Code, to the lowest responsible bidder, if it determines that the cost estimatd ,.. t ;was reasonable. Otherwise, the bids shall be rejected; and if the agency decides to go forward ;With the proj ,ect,_:§_!t~ be re-bid in accordance With the procedures set forth in Sectio~ 3.24.150(B.3)) 3.24.190 Contract award. Subject to the prior approval of the city administrative officer, contracts shall be awarded by the purchasing authority to the lowest responsible bidder, except as follows: A. If, at the time of bid opening, two or more bids received are for the same total amount or unit price, quality and service being equal, and if in the discretion of the purchasing authority the public interest will not permit the delay of readvertising for bids, then the purchasing authority may accept the one ~ he chooses or the lowest bid obtained through subsequent negotiation with the tie bidders. B. Sellers, vendors, suppliers ~d contractors who maintain places of business located withi11 the limit of the city shall be given preference if quality, price, service and all other factors are equal. 3.24.200 Requiring bond of successful bidder. The purchasing authority may require as a condition to executing a contract on behalf of the city, a performance bond or a labor and material bond, or both, in such amounts as the purchasing authority shall determine appropriate to protect the best interests of the city. The form and amounts of such bond(s) shall be described in the notice inviting bids. 3.24.210 Det~nnination of lowest responsible bidder. In addition to the bid or quotation price, criteria for detennining the lowest responsible bid or quotation, for the purposes of the Charter and this chapter, shall include, but not be limited to, the following: A. The character, integrity, reputation, judgment, experience and efficiency of the bidder (this may include an analysis of previous work performed for the city); -4-Page 99~ff{l~ 'l-Page 87 of 231 Exhibit A AMENDMENT TO FORMAL CONTRACT PROCEDURES B. The ability of the bidder t9 perform the contract, or provide the supplies, equipment or services required, within the time specified, without delay or interference; C. The ability of the bidder to provide future maintenance, repair parts and replacement of purchased equipment or supplies; D. Compliance by the bidder with federal acts, executive orders and state statutes governing nondfacrimination in employment; and E. The results of any evaluation relating performance and price, such as testing, life-cycle costing, and analysis of service, maintenance and technical data. • -5 -Page 1 oo{gf?rfi? Page 88 of 231 RESOLUTION NO.10621 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, UPDATING PURCHASING GUIDELINES WHEREAS, in the course of conducting City operations it is necessary to purchase a broad range of goods and services; and WHEREAS, the Counci l has adopted purchasing policies and procedures set forth in Chapter 3.24 of the Municipal Code that require the Council to specify by resolution the dollar amount of purchases and contracts requiring the use of either open market or formal bidding procedures, and the level of authority required to authorize invitations for bids (requests for proposals), award contracts or approve Job Order Contract Task Orders; and WHEREAS, the Council adopted Resolution No . 9444 (2003 Series) and Ordinance No. 1435 (2003 Series) electing to become subject to the Public Contract Code and Uniform Public Construction Cost Accounting Act, which allows alternative bidding procedures and job order contracting; and WHEREAS, adopted budget policies in the Productivity section call for analyzing system and procedures to identify and remove unnecessary review requirements; and WHEREAS, on December 16, 2014 Council amended the Productivity section of the City budget policies to include "Maintaining City purchasing policies and procedures that are as efficient and effective as possible"; and WHEREAS, the subject changes to the Purchasing Guide lines will streamline the purchasing process for public projects and consultant services -while maintaining appropriate checks and balances -thereby making delivery of services to the community more expedient and efficient; and WHEREAS, the City analyzed several benchmark cities' purchasing procedures, and the subject changes are consistent and keep pace with the current market. NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council that: 1. Resolution No. 9444 (2003) is hereby rescinded and the updated purchasing guidelines set forth in Exhibit A are hereby adopted. 2. The updated Construction Change Order policy set forth in Exhibit Bis hereby adopted. R 10621 Page 101 of 271 Page 89 of 231 Resolution No. 10621 (2015 Series) Page2 Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: NOES : ABSENT: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx None None The foregoing resolution was adopted this 2nd day of June 2015. ATTEST: APPROVED AS TO FORM: . Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Page 102 of 271 Page 90 of 231 Resolution No. l 0621 (2015 Series) Page 3 Section 295 PURCHASING GUIDELINES Exhibit A In accordance with the policy framework set fotth in Chapter 3.24 of the municipal code , City purchases and contracts (including those for rentals and leases, but exc l uding those for real property) will be made pursuant to these guidelines. Applicable competitive bidding categories, authorization limits or contract award procedures will be based on unit cost, total purchase cost for consolidated bid items or fiscal year aggregates in the case of blanket purchase orders or similar ongoing purchasing arrangements. Staging of purchases in order to avoid these competitive bidding procedures or authorization limits is prohibited. GENERAL PURCHASES Purchases and contracts for supplies, equipment, operating or maintenance services wi ll be made pursuant to the following guidelines : A. Over-the-Counter .. Purchases with cumulative costs of less than $7,500 may be authorized by the Department Head. Although no specific purchasing requirements are established for this level of purchase, competitive bidding should be used whenever practical. B. Open Market. Purchases with cumulative costs between $7 ,500 and $25,000 may be authorized by the Director of Finance & Information Technology (or designee) pursuant to the open market bidding procedures estab li shed in Chapter 3.24 (Article II) of the municipa l code. A bid summary shall be submitted to the Finance Department. C. Formal Bids or Proposals. Purchases with cumulative costs in excess of $25 ,000 will be made pursuant to the formal bidding requirements established in Chapter 3.24 (Article III) of the municipal code .. Authority to approve specifications, invite bids or request proposals and award contracts will be as follows: 1. For purchases with an approved budget and a cumu lative cost estimate of $100,000 or less, the Purchasing Authority (City Manager/Designee) is authorized to invite bids or request proposals, approve specifications and award the contract. 2. For purchases with cumulative costs in excess of $100,000, Council approval of the specifications and authorization to invite bids or request proposals is required. The Council may authorize the Purchasing Authority to award the contract if the selected bid or proposal is less than or equal to the Council-approved cost estimate and there are no substantive changes to the specifications. Othetwise, Council award of the contract is required. PUBLIC PROJECTS Contracts for public projects are governed by the Public Contract Code including the Uniform Public Construction Cost Accounting Act (Section 22000), which allows alternative bidding procedures and job order contracting (Council Ord. 1435, 2003). A. Over-the-Counter. Public projects with cumulative co sts of less than $7,500 may be authorized by the Department Head. Although no specific purchasing requirements are estab lished for this level of purchase, competitive bidding shou ld be used whenever practical. 295-l Page 103 of 271 Page 91 of 231 Resolution No. l 0621 (2015 Series) Page4 Purchasing Guidelines Exhibit A B . Open Market. Public projects with cumulative costs of $45,000 or less may be authorized by the Director of Finance & Information Technology (or designee) pursuant to the open market bidding procedures established in Chapter 3.24 (Article II) of the municipal code. A bid summary shall be submitted to the Finance Department. C. Informal Bidding. Public projects with cumulative costs of $100,000 or less may be let to contract by the Purchasing Authority pursuant to informal bidding procedures as set forth in the Public Contract Code and Chapter 3.24.150.B2 of the municipal code. D. Formal Bids or Proposals. Public projects with cumulative costs of more than $100,000 shall be let to contract by the Council pursuant to formal bidding procedure as set forth in the Public Contract Code and Chapter 3.24.150.B3 of the municipal code. Job Order Contracts. Under the Job Order Contact provisions of Chapter 3.24. 145 of the municipal code for maintenance-related construction projects, individual Task Orders with cumulative costs up to $45,000 may be approved by the City Engineer. Individual Task Orders with cumulative costs in excess of $45,000 require approval by the Purchasing Authority. CONSULTANT SERVICES Contracts for consultant services will be awarded pursuant to the following guidelines. A. Contracts for consultant services estimated to cost less than $7,500 cumulatively may be awarded by the Department Head. Although no specific purchasing requirements are established for this level of contract, proposals should be solicited whenever practical. B. Contracts for consulting services estimated to cost between $7,500 and $50,000 cumulatively may be awarded by the Purchasing Authority. Proposals from at least three consultants shall be solicited and a summary submitted. C. Contracts for consultant services estimated to cost more than $50,000 cumulatively will generally be awarded pursuant to the following guidelines; however, it is recognized that the City's need for consultant services will vary from situation to situation, and accordingly, flexibility will be provided in determining the appropriate evaluation and selection process to be used in each specific circumstance. I. The Council should generally approve request for proposal (RFP) documents before they are issued. The Council may authorize the Purchasing Authority to award the contract if it is less than or equal to the Council-approved cost estimate and there are no substantive changes to the approved workscope. Otherwise, Council award of the contract is required. 2. In the event that the timely evaluation and selection of a consultant precludes Council approval of the RFP before it is issued, the RFP may be approved and distributed by the Purchasing Authority; however, award of the contract will be made by the Council. 3. Cost will not be the sole criterion in selecting the successful bidder. Consultant proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to: 295-2 Page 104 of 271 Page 92 of 231 Resolution No. 10621 (2015 Series) Page 5 Purchasing Guidelines a. Understanding of the work required by the City b. Quality and responsiveness of the proposal Exhibit A c. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services e. Proposed methodology for completing the work f. References g. Background and related experience of the specific individuals to be assigned to the project h. Proposed compensation 4. If it is determined that it is in the best interest of the City for services to be provided by a specific consultant-with contract terms, workscope and compensation to be determined based on direct negotiations-contract award will be made by the Council. Adopted hy the Council 011 September 4, 2007, Resolution No . 9926, and amended by Council 011 .June 2, 2015, Resolution No. /062/. 295-3 Page 105 of 271 Page 93 of 231 Resolution o. I 0621 (2015 Series) Page 6 Section 225 CONSTRUCTION CONTRACT CHANGE ORDERS OVERVIEW Exhibit B When the City awards a construction contract, the need for contract change orders (CCO's) is not unusual. CCO's are required whenever the scope of work changes from that in the original contract or an unknown condition of the site requires a change in the scope of work. Usually a contingency amount is established when the project budget is finalized upon contract award to accommodate limited CCO's. The purpose of this policy is to establish limits of authority for approving construction project CCO's. GOALS 1. Ensure appropriate authority and accountability in the approval of change orders. 2. Minimize the time needed to approve a CCO in order to avoid project delays. 3. Establish a system under which the organizational level at which approval 1s given is commensurate with the size of CCO and size of project. 4. Eliminate the potential for approval of a CCO when contingency funds are insufficient. POLICIES Conditions for Approval of CCO's by Staff I. Sufficient contingency funds are budgeted and available in order for the Public Works Director or City Manager (approved designees) to approve a CCO. 2. The nature of work in the CCO is not significantly different from that in the contract. 3. Authorization limits are based on an individual CCO amount, not the aggregate amount of all CCO's. 4. Authorization limits apply to CCO's for increases in contract amounts only. 5. When the aggregate amount of CCO's reaches 75% of the contingency the awarding authority shall be informed of the status of the project and the sufficiency of funding to complete the project. 6. Work will not be broken up into multiple CCO's in order to circumvent this policy. 7. All CCO's must be in writing and approved by the appropriate contract parties consistent with the authorized limits established in this policy. 225-1 Page 106 of 271 Page 94 of 231 Resolution No. 10621 (2015 Series) Page 7 Construction Change Orders Exhibit B 8. A copy of each approved CCO will be transmitted promptly to the Finance Division. 9. The Purchasing Authority may grant approval of CCO's in excess of $100,000 under the following circumstances (all three factors must be present): a. Immediate approval of the CCO is necessary to avoid delay. b. The CCO is an integral and mandatory component of the project. c. The costs associated with delay of the project would be excessive. The Project Manager is responsible for carrying out this policy. IO. The Purchasing Authority is also authorized to approve CCO's in excess of $100,000 related to Job Order Contract Task Orders. Authorization Limits 1. Public Works Director/ Designee 2. Purchasing Authority (City Manager/Designee) 3. City Council* Not to exceed $45,000 Not to exceed $100,000 Greater than contract or $100,000 * See circumstances above where the City Manager may approve CCO's in excess o/$100,000. Originally Approved by the Council on August 3, 1993; Revised by the Council 011 April 15, 2003 and June 2, 2015 225-2 Page 107 of 271 Page 95 of 231 Page 108 of 271 Page 96 of 231 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Job Order Contract for Streets and Sidewalk Maintenance 2023 <<MONTH YEAR>> PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Page 97 of 231 Job Order Contract for Streets and Sidewalk Maintenance 2023 Approval Date: <<date of CM or CAR Report Authorizing Advertisement>> <<Signature Date>> Page 98 of 231 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 JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2023, SPECIFICATION NO. 9XXXX ................................................................................................................... A LIST OF SUBCONTRACTORS ................................................................................................................. F PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. G PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... G PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. G LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... G NON-COLLUSION DECLARATION ........................................................................................................... I BIDDER ACKNOWLEDGEMENTS ........................................................................................................... J QUALIFICATIONS ..................................................................................................................................... K ATTACH BIDDER'S BOND TO ACCOMPANY BID .................................................................................. L SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 1 5 CONTROL OF WORK ........................................................................................................................ 2 6 CONTROL OF MATERIALS ............................................................................................................... 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 3 9 PAYMENT ........................................................................................................................................... 3 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3 10 GENERAL ......................................................................................................................................... 3 11 WELDING ......................................................................................................................................... 3 12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 3 13 WATER POLLUTION CONTROL ..................................................................................................... 4 14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 4 15 EXISTING FACILITIES ..................................................................................................................... 5 37 BITUMINOUS SEALS ....................................................................................................................... 6 Page 99 of 231 39 ASPHALT CONCRETE .................................................................................................................... 6 73 CONCRETE CURBS AND SIDEWALKS ......................................................................................... 7 77 LOCAL INFRASTRUCTURE ............................................................................................................ 8 84 MARKINGS ..................................................................................................................................... 13 DIVISION XIII APPENDICES .................................................................................................................. 13 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 APPENDIX B – BIKE LANE BUFFER ............................................................................. 3 APPENDIX C – CATCH BASIN STANDARD 3355A....................................................... 4 Page 100 of 231 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 2:00 p.m. on <<January 1, 2020>> at which time they will be publicly opened and read aloud. Public bid opening may also be viewed via Microsoft Teams video conference and conference call. Use the following link: or join by phone with this number: (209)645-4165 with Conference ID:XXXXXXXX Submit bid in a sealed envelope plainly marked: Job Order Contract for Streets and Sidewalk Maintenance 2023, Specification No. 9XXXX>> 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. Page 101 of 231 NOTICE TO BIDDERS NOTICE TO BIDDERS ii 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, Manny Guzman at 805-781-7423 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 repairing utility trenches, roadway failures, damaged concrete, and completing other minor maintenance work on an as needed basis. The project estimated construction cost is $1,101,138. Page 102 of 231 NOTICE TO BIDDERS NOTICE TO BIDDERS iii Contract time is established as 36 months. 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 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. All referenced projects must be for street construction, paving, trench repair work (including open trench utility work), and minor concrete work (including the replacement of curb ramps). 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 Page 103 of 231 NOTICE TO BIDDERS NOTICE TO BIDDERS iv 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 based on the quantities supplied by the City and the bidder’s unit price. 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. Page 104 of 231 NOTICE TO BIDDERS NOTICE TO BIDDERS v 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 105 of 231 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: 1. materials 2. labor to complete all the required work satisfactorily in compliance with 3. plans 4. specifications 5. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2023, SPECIFICATION NO. 9XXXX Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 15, 42, 77 Edge Grind SQFT 500 2 39, 77 1.75” Thin Maintenance Overlay SQFT 500 3 39, 77 2” AC Grind & AC Overlay – ½” Aggregate SQFT 200 4 39, 77 6” AC Pavement – Excavation & Restoration SQFT 8,000 5 39, 77 10” AC Pavement – Excavation & Restoration SQFT 3,000 6 77 8” PCC with 3” max AC Cap – Excavation & Restoration SQFT 1,800 7 26, 77 Class II Aggregate TON 50 8 26, 77 Trench Backfill Sand TON 50 9 39 AC Dike – Caltrans A87B LF 220 10 39, 77 Pavement Reinforcing Fabric - Glass Grid SQYD 10 Page 106 of 231 BID FORMS BID FORMS B Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 11 19 Geo Textile grid SQYD 10 12 37 Fog Seal SQYD 20 13 84 Pavement Marking – Caltrans A24 SQFT 100 14 84 12-inch White Limit Line LF 50 15 84 Traffic Stripe – Caltrans A20A Detail 1 LF 50 16 84 Traffic Stripe – Caltrans A20A Detail 2 LF 50 17 84 Traffic Stripe – Caltrans A20A Detail 8 LF 50 18 84 Traffic Stripe – Caltrans A20A Detail 9 LF 50 19 84 Traffic Stripe – Caltrans A20A Detail 22 LF 50 20 84 Traffic Stripe – Caltrans A20B Detail 29 LF 50 21 84 Traffic Stripe – Caltrans A20D Detail 38 LF 50 22 84 Traffic Stripe – Caltrans A20D Detail 39 LF 50 23 84 Traffic Stripe – Caltrans A20D Detail 39A LF 50 24 84 Reflective Pavement Marker – All types EA 5 25 84 Hi-Vis Crosswalk – Std. 7350 LF 20 26 84 Bike Lane Buffer LF 50 27 84 Green Bike Lane Coating – Std. 7360 SQFT 1000 28 15 Remove Traffic Stripe LF 100 29 15 Remove Pavement Marking SQFT 100 30 73 Remove & Replace Sidewalk – Std. 4110 (Area – Under 60 SQFT) SQFT 60 31 73 Remove & Replace Sidewalk – Std. 4110 (Area – 60 to 180 SQFT) SQFT 180 32 73 Remove & Replace Sidewalk – Std. 4110 (Area – Over 180 SQFT) SQFT 200 Page 107 of 231 BID FORMS BID FORMS C Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 33 73 Remove & Replace Curb and Gutter – Std. 4030 LF 80 34 73 Remove & Replace Curb Ramp – Std. 4440 SQFT 1,500 35 73 Remove & Replace Cross Gutter – Std. 4310 SQFT 10 36 73 Remove & Replace Driveway Ramp – Std. 2110, 2111, 2115, 2116 SQFT 400 37 73 Mission Style PCC Coloring and Salt Finish SQFT 300 38 73 Mission Style Tile Installation - Std. 4220 LF 20 39 73 Single Mission Style Tile Installation – Std. 4220 EA 100 40 73 Replace Truncated Domes – Std. 4440 SQFT 50 41 73, 84 Repaint Curb LF 100 42 73 Furnish & Install Metal Post – Std. 7210 EA 5 43 73 Furnish & Install Metal Post – Std. 7215 EA 5 44 15, 56 Furnish & Install Sign EA 5 45 15 Reconstruct Guardrail – Caltrans A77A1 LF 10 46 73 Furnish & Install Tree Well – Std. 8130, 4’ x 4’ EA 1 47 73 Furnish & Install Tree Well – Std. 8130, 5’ x 5’ EA 1 48 73 Furnish & Install Tree Well – Std. 8130, 6’ x 6’ EA 1 49 15 Enlarge Tree Grate Opening EA 20 50 51, 77 Catch basin – Std. 3350 EA 1 51 51, 77 Catch basin – Std. 3355 EA 1 52 51, 77 Catch basin – Std. 3355A EA 1 53 51, 77 Catch basin – Std. 3360 EA 1 Page 108 of 231 BID FORMS BID FORMS D Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 54 15 Adjust Utility Cover – Std. 6040 EA 25 55 15, 77 Manhole Frame & Cover Replacement – Std. 6040 EA 12 56 15, 77 Manhole Replacement – Std. 3530 or 6610 EA 1 57 77 Manhole Coating EA 10 58 77 Construct Well / Cleanout – G5 – Std. 6710 EA 3 59 77 Potholing (Depth – 0’ to Under 4’) EA 20 60 77 Potholing (Depth – 4’ to Under 8’) EA 15 61 77 Potholing (Depth – 8’ and Over) EA 15 62 77 Pipe Excavation & Restoration (Depth - 0’ to Under 2.5’) LF 20 63 77 Pipe Excavation & Restoration (Depth - 2.5’ to Under 8.5’) Shoring Required LF 20 64 77 Pipe Excavation & Restoration (Depth – 8.5’ and Over) Shoring Required LF 20 65 12 Traffic Control – Eng. Std. Appendix G – Figure A HR 40 66 12 Traffic Control – Eng. Std. Appendix G – Figure B HR 70 67 12 Traffic Control – Eng. Std. Appendix G – Figure C HR 10 68 12 Traffic Control – Eng. Std. Appendix G – Figure D HR 30 69 12 Traffic Control – Eng. Std. Appendix G – Figure E HR 90 70 12 Traffic Control – Eng. Std. Appendix G – Figure F HR 10 71 12 Traffic Control – Eng. Std. Appendix G – Figure G HR 20 72 12 Traffic Control – Eng. Std. Appendix G – Figure H HR 40 73 12 Traffic Control – Eng. Std. Appendix G – Figure I HR 10 Page 109 of 231 BID FORMS BID FORMS E Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 74 12 Traffic Control – Eng. Std. Appendix G – Figure J HR 10 75 12 Traffic Control – Eng. Std. Appendix G – Figure K HR 110 76 12 Traffic Control – Eng. Std. Appendix G – Figure L HR 20 77 12 Traffic Control – Eng. Std. Appendix G – Figure M HR 200 78 12 Traffic Control – Eng. Std. Appendix G – Figure N HR 30 79 12 Traffic Control – Eng. Std. Appendix G – Figure O HR 20 80 12 Traffic Control – Eng. Std. Appendix G – Figure P HR 100 81 12 Minor Traffic Control HR 1,000 82 77 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 100 83 86 2" SCH 40 Conduit, 2- Sack Concrete Capped LF 300 84 86 4" SCH 40 Conduit, 2- Sack Concrete Capped LF 500 85 86 2" SCH 40 Conduit, 2- City Std. 6035- Trench Detail LF 300 86 86 4" SCH 40 Conduit, 2- City Std. 6035- Trench Detail LF 500 87 86 Electrical Pull Box, PG&E Type #2 (17"x30"x26) EA 10 88 84 Pexco City Post (EAC Mount), 36” height, white w/ 3 grey retroreflective strips (or approved equal) EA 30 89 84 Pexco City Post (EAC Mount), 18” height, white w/ 3 yellow retroreflective strips EA 20 Bid Total $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Page 110 of 231 BID FORMS BID FORMS F 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 111 of 231 BID FORMS BID FORMS G 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 112 of 231 BID FORMS BID FORMS H 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 113 of 231 BID FORMS BID FORMS I 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 114 of 231 BID FORMS BID FORMS J 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 115 of 231 BID FORMS BID FORMS K QUALIFICATIONS Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form. Reference Number 1 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include xxx 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 □ Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include xxx 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 □ Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include xxx 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 116 of 231 BID FORMS BID FORMS L 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 117 of 231 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. Job Order Contract for Streets and Sidewalk Maintenance 2023 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 to Section 3-1.18A: The Engineer may immediately suspend all work until compliance is achieved. You will bear all costs incurred by such suspension, and no additional compensation for losses incurred by you will be allowed therefor. You will be assessed liquidated damages and pay to the City of San Luis Obispo the sum set forth in these Special Provisions, for each day you do not comply with contract requirements. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Page 118 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 Comply with the provisions of Sections 12, 13, 15, 19, 26, 37, 39, 42, 51, 56, 73, 77, and 84 for general, material, construction, and payment specifics. This agreement will be the basis for Job Order Contract Task Orders to be issued periodically. The Engineer will identify locations in need of maintenance work and contact you for a Task Order Scoping meeting, to make repairs per items shown on the bid item list. Within ten (10) calendar days of written notification of work needs, you must meet the Engineer on-site to review task scope and estimate quantities. The Engineer will issue a Task Order by means of a purchase order document and/or a written notice to start work to you. Identify the number of working days for the Task Order and identify the work start date. Five (5) calendar days after the Task Order has been issued, you must submit a traffic control plan for review and approval. Construction must start no later than 10 calendar days after you have received a purchase order via email. Liquidated damages will be assessed for not completing each task order in the identified number of working days. 5 CONTROL OF WORK Add to Section 5-1.13A: You must notify the Engineer if any subcontractors are performing work on an issued Task Order, prior to the execution of that Task Order. 6 CONTROL OF MATERIALS Add to Section 6-3.06: Settlement of any pavement repair is considered a substantial defect. Guarantee periods will be one year after the completion of each individual Task Order. This period begins on the date the Task Order is accepted as complete by the Engineer. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Normal working hours are Monday through Friday between 7:00 a.m. and 4:00 p.m. Modified working hours may be required for individual sites when determined necessary by the Engineer. You may also request modified work hours to facilitate the work, which will be considered by the Engineer. Jack hammering, sawcutting, grinding, or any other type of demolition work producing similar noise levels is prohibited between the hours of 11:00 a.m. and 1:00 p.m. within 500 feet of a food service establishment. 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: Page 119 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 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 Task Orders of durations greater than 10 working days. Add to Section 8-1.02A General: An invoice must be submitted per task order for payment. Multiple task orders cannot ve in the same invoice. 9 PAYMENT Replace Sections 9-1.06B and 9-1.06C with: The estimated quantities in these Special Provisions are furnished as a tool to the Contractor as what might be expected of this Contract. The quantities will vary based on the City’s needs. Payment will be made for actual quantities completed at the unit price provided. Replace Section 9-1.07 with: Bid items prices shall be adjusted annually from the month of contract award by modifying the unit price up or down in conformance with the California Construction Cost Index as published by the California Department of General Services. The factor for the adjustment of bid items shall be calculated at the contract 12-month and 24-month period utilizing the following formula: Factor = 1 + ( 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝐼𝐼𝐶𝐶𝐼𝐼𝐶𝐶𝐼𝐼−𝐵𝐵𝐵𝐵𝐵𝐵𝐶𝐶 𝐼𝐼𝐶𝐶𝐼𝐼𝐶𝐶𝐼𝐼 𝐵𝐵𝐶𝐶 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐵𝐵𝐶𝐶𝐶𝐶 𝐸𝐸𝐼𝐼𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐸𝐸𝐶𝐶𝐶𝐶𝐵𝐵𝐵𝐵𝐵𝐵𝐶𝐶 𝐼𝐼𝐶𝐶𝐼𝐼𝐶𝐶𝐼𝐼 𝐵𝐵𝐶𝐶 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐵𝐵𝐶𝐶𝐶𝐶 𝐸𝐸𝐼𝐼𝐶𝐶𝐶𝐶𝐶𝐶𝐸𝐸𝐶𝐶𝐶𝐶 ) DIVISION II GENERAL CONSTRUCTION 10 GENERAL 11 WELDING 12 TEMPORARY TRAFFIC CONTROL Add to Section 12-1.01: Some work locations will require the implementation of a simplified traffic control. These locations will be paid per the “Minor Traffic Control” bid item instead of one of the pre- established figures in Engineering Standards – Appendix G. “Minor Traffic Control” will apply to minor repair locations, on local streets, where approximately 10 cones, and the use of barricades, can delineate traffic around a small work area. Page 120 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 Add to Section 12-1.04: Traffic delineation and trench protection must be maintained at all times. If barricades are required after sunset, lights/flashing beacons will be required. When traffic control is required to be present during non-work hours, the cost will be included in the working day hourly compensation. 13 WATER POLLUTION CONTROL 14 ENVIRONMENTAL STEWARDSHIP Add to Section 14-9.02 AIR POLLUTION CONTROL, General: The City has obtained an annual permit for construction from the Air Pollution Control District (APCD). The annual APCD permit and construction log files are located on the City’s website: http://www.slocity.org/government/department-directory/public-works/documents- online/construction-documents A copy of the permit can also be found in Appendix H of the City Standards. You are required to comply with the APCD permit including all notification and construction logs using the appropriate equipment. Provide training to all workers in the construction area. You must comply with section 77-1 of the standard specifications. Add Section 14-9.02A AIR POLLUTION CONTROL, Construction: Where contamination is encountered, you are responsible to: 1. monitor 2. record 3. report H2S and Hydrocarbon FID readings taken every hour during work in the contamination zone or as directed by the Engineer. Appropriate Personal Protective Equipment (PPE) must be used. Add Section 14-9.02C AIR POLLUTION CONTROL, Payment: Full compensation for APCD compliance and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid list item. Add to Section 14-9.02D: Full compensation for APCD compliance and applicable engineering standards will be paid by force account when contamination is encountered. Page 121 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 15 EXISTING FACILITIES Add to Section 15-2.02 Obliterate Roads, Detours, and Surfacing Micro-milling must be utilized for bike lane and at existing curb ramp edge grinds. Micro- milling machines shall: Be equipped with a micro-milling drum with tungsten-carbide-tipped cutting teeth spaced no greater than ¼ inch apart on center. The configuration of the teeth shall be such that the deviation in elevation between any 2 teeth does not exceed 1/16 inch. Be capable of removing asphalt concrete pavement to a tolerance of +/- 1/8 inch. Be equipped with an automatic grade control system operating in “profile” mode. Micro-milling shall result in a grid-patterned textured pavement surface with longitudinal ridges approximately the same distance apart as the cutting teeth. The ridges shall be consistent in depth, width, and profile. The distance between the top of the ridge and the adjacent valleys shall not exceed 1/8 inch. Add Section 2.02B Payment The linear foot price for Edge Grinds shall include full compensation for furnishing all labor, materials, tools, equipment, personnel, and incidentals, and for doing all the work involved with bike lane and at existing curb ramp edge grinds and no additional compensation therefore. Add to Section 15-2.02B(1): Portland concrete cement (PCC) pavement must be saw-cut with a diamond saw to a minimum depth of 8 inches. As an alternate to sawcutting and excavation, you may use a griding device such as a “zipper” on asphalt pavement, to remove the trench repair area. Replace Section 15-2.02C(3) with: Section 15-2.02C(3) Payment: Traffic stripe removal will be paid per linear foot, regardless of width and the number of passes to remove stripes entirely and to the satisfaction of the Engineer. Add to Section 15-2.04A: All existing manholes, valve wells, cleanouts, and boxes within work limits must be replaced in accordance with current Engineering Standards. Replace Section 15-2.04D with: 15-2.04D Reconstruct Metal Beam Guard Railing Limits of removal and replacement will be determined by the Engineer and indicated in the issued Task Order for that work. Replacement Metal Guard Beam Rail shall conform with Section 83. Page 122 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 Replace Section 15-2.07E with: 15-2.07E Modify Tree Grate: Tree well grates are to be modified as needed to accommodate increasing trunk size. The grate is to be cut to the nearest concentric ring as directed by the Engineer. Cuts must be neat and smoothed to remove jagged edges. Grates must be removed for cutting if needed to protect the tree or other adjacent improvements. 37 BITUMINOUS SEALS Replace the 1st sentence of Section 37-5.01C with: Crack treatment material shall be Caltrans Type 2, Deery 200 as produced by Crafco, Inc., or approved equal from the Caltrans approved crack treatment material list. Replace the 1st sentence of Section 37-5.02 with: Only hot applied crack treatments are approved for this project. Replace the 1st and 2nd paragraph of Section 37-5.03 with: Cracks must be cleaned of all weeds and debris prior to crack sealing. Do not rout or saw cut cracks. Replace the last paragraph of Section 37-5.03 with: Apply the manufacturer’s recommended detackifying agent to the crack treatment material. Replace Section 37-5.04 with: Payment for Crack sealing will be at force account. 39 ASPHALT CONCRETE Paving is not to be done without the inspection of the Engineer. 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. Replace Section 39-1.02F RECLAIMED ASPHALT PAVEMENT with: Asphalt concrete with 25% RAP may be used for paving operations. Add to Section 39-6: Due to the potential for oil price fluctuation throughout the length of the contract, the City will pay the actual plant price per ton of asphalt concrete placed, plus a 15% material markup. You will provide documentation of AC costs at the end of each Task Order. Documentation consists of AC load tickets that include the date, tonnage, and location. You are responsible for AC trucking and delivery expenses. This expense is covered in the respective bid item for that work. Page 123 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 73 CONCRETE CURBS AND SIDEWALKS Add to Section 73-1.03: At the time of Task Order issuance, the Engineer will indicate which curb ramp or driveway Engineering Standard will be used. You must meet with the Engineer for an average of 1 hour per curb ramp or driveway being replaced. This includes: 1. Before saw-cutting to agree on the limits of demolition and removal. 2. After formwork is set, to verify that grades meet those stated on the plans. 3. Upon completion to verify finished grades. Curb ramp and driveway design may vary from Engineering Standards, as directed by the Engineer, to accommodate ADA requirements. Only 2 intersection curb ramps, on the same side of the street, can be under construction at any given time. You are responsible for restoring all existing: 1. utility boxes 2. cleanouts 3. posts within the: 1. sidewalk 2. driveway 3. island paving 4. curb ramp limits of replacement. The City will pay material invoice and 15% markup for City utility boxes that require replacement. Where paint is required on newly placed concrete, the concrete shall be cured a minimum of seven (7) days prior to painting. Add to Section 73-1.04: Payment for the removal/replacement of asphalt concrete as specified in the Engineering Standards will be accounted for in the paving bid items based on the type/thickness of asphalt concrete replacement that is required at each location. Add to Section 73-4.04: Full compensation for “Mission Style PCC Coloring and Salt Finish” includes all additional costs required to install Mission Style concrete when compared to standard gray colored concrete. When Mission Style tile is also required, it is paid by a separate bid item, “Mission Style Tile Installation per Std. 4220”. Page 124 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 8 “Single Mission Tile Installation – Std. 4220” will be used for replacement of a single Mission Tile and surrounding grout without doing any other curb & gutter and/or sidewalk improvements at various locations within the Mission Style Sidewalk District. Full compensation for “Single Mission Tile Installation – Std. 4220” includes tile mortar bed, tile, and grout surrounding all four sides of the tile, in place complete. 77 LOCAL INFRASTRUCTURE Add to Section 77-1.03A: Vacuum excavation is the preferred method for potholing utilities, but site-specific conditions may require alternative methods. 1-sack cement slurry shall be used as subsequent backfill when vacuum excavation is used. Dimensions of pavement potholing window must be approved by Engineer before starting work. Add to Section 77-1.03A(2)(i): Tree removal must be authorized by the City Arborist. Tree trunk diameter is measured at 4.5 feet above adjacent ground surface. Stump grinding or removal is required for all tree removals and must include the major roots within the planting area. Engineer or City Arborist must authorize and oversee all approved root pruning or shaving activities. Minor root pruning or shaving is expected during reconstruction of damaged sidewalk. Add to Section 77-1.04: Full compensation for “Pipe Excavation & Restoration” includes all excavation required to reach the top of pipe from top of existing grade, complete pipe excavation, installation and replacement of pipe, bedding, initial backfill, and subsequent backfill. The City will provide pipe and fittings to be used for replacement or pay material invoice and 15% markup if pipe and fittings are supplied by you. Full compensation for “Potholing” is measured from the top of existing grade to the top of utility and includes the replacement of initial and subsequent backfill. Add to Section 77-3.02B: Joints and Fittings for HDPE must be of the same manufacturer as the pipe. Add to Section 77-3.03D(2) Manhole Coating: Manhole coating shall consist of applying an approved by the Engineer corrosion protective coating system to the interior surfaces, as specified herein. The coating system shall be applied to all exposed brick, concrete, grout, mortar, and cementitious surfaces within the manhole, including unlined concrete pipes within the manhole, bench-to-pipe transitions, bench, risers, cones, adjusting rings, etc. Coating of the metallic manhole frame and cover shall not be required. Page 125 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 9 The Contractor shall coat all manholes marked on the plans with a high-build polyurethane elastomer such as SANCON 100 or approved equal. The Contractor is responsible for inspecting the existing manholes for leaks or concrete failures. The Contractor shall repair manhole prior to coating by patch or chemical grouting in accordance with coating manufacturer recommendation and as directed by the Engineer. Coating shall stop at the top of the cone or as directed by the Engineer. All pipe liner installation shall be completed prior to commencing any coating of manholes. The Contractor shall provide a smooth transition and tight seal without any annular gaps between the completed manholes and the completed sewer pipe. The Contractor shall Spark Test the new manhole per NACE RP0274 standards. Spark Test shall be witnessed by the Engineer. The Contractor shall terminate the coating at the spring line of the channel with a ¼” cut groove. For those manholes that are connected to pipes to be lined with CIPP, the Contractor shall insure that the bench shall be formed to eliminate offsets where the lined pipe meets the manhole interior face and shall match incoming and outgoing pipes and provide a smooth, even transition where required. Materials shall be delivered to the site in factory sealed and labeled containers. Date of manufacture shall appear on each container. Materials shall be handled and stored according to the strictest requirements of the manufacturer and in accordance with all local, state, and federal laws and regulations. At each manhole, the Engineer shall inspect and accept the work completed to-date at the completion of each of the milestones listed below before the Contractor shall commence work on the next milestone: • Completion of the cleaning and surface preparation activities required by these specifications. • Completion of all void-filling activities and underlayment application, prior to surface coating application. • Completion of the surface coating installation prior to testing. • Spark testing of the final surface coating as required by these specifications. • Final clean-up and inspection. The Contractor shall provide a written warranty to cover workmanship and materials for each manhole coated for a period of not less than five (5) years from the date of final clean up and inspection of the manhole. The warranty shall be delivered to the City prior to and as a condition of final acceptance of work. By executing this contract, the Contractor certifies and agrees that any testing performed by the City during construction (e.g., spark testing, adhesion testing and/or other testing) Page 126 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 10 shall not in any way modify the warranty, nor relieve the Contractor for responding to defects during the warranty period. Add to Section 77-3.03F(2) Abandonment of Sewerlines: 77-3.03F(2)(a) Abandon and Grout Existing Sanitary Sewer Lateral or Main Where Abandon and Grout Existing Sanitary Sewer with Flowable Fill is required, the work to be performed under this section shall include the abandonment in place of existing sanitary sewer by completely filling with flowable fill, as specified in the Special Provisions and as directed by the Engineer. Flowable fill (abandonment grout) shall be controlled low-strength material consisting of fluid mixture of cement, fly ash, aggregate, water and with admixtures as necessary to provide workable properties. Placement of flowable fill may be by grouting techniques in sewer pipes or other restricted areas, or as mass placement by chutes or tremie methods in unrestricted locations with open access. Long- term hardened strength shall be within specified range. In this specification, the words “flowable fill” and “one sack sand/cement mixture” and “abandonment grout” are used interchangeable. The Contractor shall notify the Engineer a minimum of 48-hours prior to the abandonment of any sanitary sewer. The Contractor shall not begin any abandonment operations until the replacement sanitary sewer has been constructed, tested, and all service connections have been installed and approved by the Engineer, if applicable. Reference Standards: 1. These Special Provisions 2. ASTM C150 – Standard Specification for Portland Cement. 3. ASTM 494 – Standard Specification for Chemical Admixture for Concrete. 4. ASTM C618 – Standard Specification for Fly Ash and Raw or Calcinated Natural Pozzolan for use as neral Admixture in Portland Cement Concrete. 5. ASTM C940 – Standard test Method for Expansion and Bleeding of Freshly Mixed Grout for Replaced Aggregate Concrete in the Laboratory. 6. ASTM C1017 – Standard Specification for Chemical Admixture for Use in Producing Flowing Concrete. 7. ASTM C1107 – Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Non-Shrink). Submittals: 1. Submit flowable fill mix design report to Engineer. A. Flowable fill type and production method. Describe if fill will be mixed to final proportions and consistency in batch plant or if constituents will be added in transit to mixer at placement location. B. Aggregate gradation of fill. Aggregate gradation of mix shall be used as pilot curve for quality control during production. Page 127 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 11 C. Fill mix constituents and proportions including materials by weight and volume, and air content. Give types and amounts of admixtures including air entrainment or air generating compounds. D. Fill densities and viscosities, including wet density at point of placement. E. Initial time of set. F. Bleeding and shrinkage. G. Compressive strength. 2. Submit technical information for equipment and operational procedures including projected injection rate, grout pressure, method for controlling grout pressure, bulkhead and vent design and number of stages for grout application. Flowable Fill: 1. Design Mix Criteria. Provide design of one or more mixes to meet design criteria and conditions for placement which include the following: A. Cement: ASTM C150 Type I or II. Volume and weight per cubic yard of fill. Provide minimum cement content of 50 pounds per cubic yard. B. Fly ash: ASTM C619, Class C or F. Volume and weight per cubic yard of fill. Provide minimum fly ash content of 200 pounds per cubic yard. C. Potable water: Volume and weight per cubic yard of fill. Amount of water determined by mix design testing. D. Aggregate gradation: 100 percent passing 3/8-inch sieve and not more than 10 percent passing No. 200 sieve. Mix design report shall define pilot gradation based on the following sieve sizes: 3/8-inch, No. 4, 8, 16, 30, 50, 100 and 200. Do no deviate from pilot gradation by more than plus or minus 10 percentage points for any sieve for production material. E. Aggregate source material: Screened or crushed aggregate, pit or bank run fine gravels or sand, or crushed concrete. If crushed concrete is used, add at least 30 percent natural aggregate to provide workability. F. Admixtures: use admixtures meeting ASTM C494 an ASTM C1017 as needed to improve pumpability, to control time of set and to reduce bleeding. G. Fluidifier: Use fluidifier meeting ASTM C937 as necessary to hold solid constituents in suspension. Add shrinkage compensator if necessary. H. Performance additive: Use flowable fill performance additive, fi needed, to control fill properties. 2. Flowable Fill Requirements: A. Unconfined compressive strength: minimum 75 psi and maximum 150 psi at 56 days as determined based on an average of three tests for same placement. Present at least three acceptable strength tests for proposed mix design in mix design report. B. Placement characteristics: self-leveling. Page 128 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 12 C. Shrinkage characteristics: non-shrink. D. Water bleeding for fill to be placed by grouting method in pipes: not to exceed 2 percent according to ASTM C940. E. Minimum wet density: 90 pounds per cubic foot. 3. Grout Plugs: A. Cement-based dry-pack grout conforming to ASTM C1107, Grade B or C. Preparation: 1. Notify inspector at least 24-hours in advance of grouting with flowable fill. 2. Select fill placement equipment and follow procedures with sufficient safety and care to avoid damage to existing underground utilities and structures. Operate equipment at pressure that will not distort or imperil portions of the work, new or existing. 3. Cut and cap portions of the piping system to remain. 4. Clean sewer lines and video to identify connections and locate obstructions. Locate previously unidentified connections which have not been redirected or reconnected as part of the work and report them to the Engineer. During placement of fill, compensate for irregularities in sewer pipe, such as obstructions or open joints, to ensure no voids remain unfilled. 5. Perform demolition work prior to starting fill placement. Clean placement areas for pipes and manholes of debris that may hinder fill placement. Remove excessive amounts of sludge and other substances that may degrade performance of the fill. Do not leave sludge or other debris in place if filling more than 2 percent of placement volume. Dispose of waste material in accordance with applicable codes and regulations. 6. Remove free water prior to fill placement. Equipment: 1. Mix flowable fill in automated batch plant and deliver it to site in ready-mix trucks. Performance additives may be added at placement site if required by mix design. 2. Use concrete or grout pumps capable of continuous delivery at planned placement rate. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work related to abandonment and grouting of existing sanitary sewers with flowable fill is included in the payment for Bid item Abandon and Grout (E) Sanitary Sewer with Flowable Fill. Add to Section 77-3.04: Page 129 of 231 SPECIAL PROVISIONS SPECIAL PROVISIONS 13 Maximum manhole depth is assumed to be 8 feet, measured from finished grade to invert. If a deeper manhole is required, you will be paid an additional prorated amount per linear foot of depth, based on your bid item price. Full compensation for “Construct Well / Cleanout” includes all labor, materials and equipment required to connect new cleanout to sewer line. 84 MARKINGS Add to Section 84-2.03C Application of Stripes and Markings: Preformed thermoplastic is only allowed with the approval of the Engineer. Add to Section 84-1.04 Payment: Bike lane coating is measured by the square foot for the area applied, regardless of the number of coats to complete installation. A minimum of two coats must be applied or as recommended by the manufacturer, whichever is more stringent. DIVISION XIII APPENDICES Additional project details and instruction may be found on: A. Appendix B – Bike Lane Buffer B. Appendix C – Catch Basin Standard 3355A Page 130 of 231 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 131 of 231 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 132 of 231 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 133 of 231 APPENDIX APPENDIX 3 APPENDIX B – BIKE LANE BUFFER Page 134 of 231 APPENDIX APPENDIX 4 APPENDIX C – CATCH BASIN STANDARD 3355A Page 135 of 231 Page 136 of 231