HomeMy WebLinkAbout6. Cheng Park Specials
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
CHENG PARK REVITALIZATION
Specification No. 91385-10
APRIL 2023
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
CHENG PARK REVITALIZATION
Specification No. 91385-10
Approval Date: July 19, 2022
4/19/23
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 CHENG PARK REVITALIZATION, SPECIFICATION NO. 91385-10 ..................... A
LIST OF SUBCONTRACTORS ................................................................................................................ C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D
NON-COLLUSION DECLARATION .......................................................................................................... F
BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G
QUALIFICATIONS .................................................................................................................................... H
QUALIFICATIONS ...................................................................................................................................... I
ATTACH BIDDER'S BOND TO ACCOMPANY BID .................................................................................. J
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1
4 SCOPE OF WORK ............................................................................................................................. 1
6 CONTROL OF MATERIALS ............................................................................................................... 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
9 PAYMENT ........................................................................................................................................... 3
DIVISION III EARTHWORK AND LANDSCAPE ....................................................................................... 3
20 LANDSCAPE .................................................................................................................................... 3
DIVISION XII BUILDING CONSTRUCTION ............................................................................................. 4
99 BUILDING CONSTRUCTION ........................................................................................................... 4
DIVISION XIII APPENDICES .................................................................................................................... 4
APPENDIX A - FORM OF AGREEMENT .........................................................................
APPENDIX B – TECHNICAL SPECIFICATIONS ..............................................................
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until
11:00 a.m. on May 18, 2023
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
Cheng Park Revitalization, Specification No. 91385-10
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
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, Erica Long at 805-783-7758 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 revitalization of an existing park. Park improvements
include but are not limited to removal and replacement of landscaping, adding curbing
along planters, adding park signage, installing solar lights, installing a camera, pagoda
maintenance (electrical upgrades, paint, and ADA complaint handrails), and removal and
replacement of the pond (piping, pumps, and electrical).
The project estimated construction cost is $400,000
Contract time is established as 60 working days.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
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 as the prime contractor or a qualified subcontractor utilized by you must have
experience constructing projects similar to the work specified for this project. Provide four
similar reference projects completed by you or your qualified subcontractor as either the
prime or subcontractor. All referenced projects must have been completed withing the
last five years from this project’s bid opening date.
One of the four reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
Two of the referenced projects must be for construction within a public park
completed by you as the prime contractor.
Two of the referenced projects must be for construction of a pond (700 square feet
minimum area) completed by either you as the prime contractor or a qualified
subcontractor used for this project.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
1. knowledge
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
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 CHENG PARK REVITALIZATION, SPECIFICATION NO. 91385-
10
Item Item Unit of Estimated Item
Price Total
No. SS(1) Description Measure Quantity (in
figures) (in figures)
1 7 Traffic Control LS 1 ---
2 15,
99 Site Demolition LS 1 ---
3 73 Concrete Curb LF 175
4 73 Concrete Sidewalk SQFT 50
5 99 Paint Touchup (Pagoda post and
conduit) LS 1 ---
6 99 Pagoda Guardrail LF 68
7 99 Interpretive Sign LS 1 ---
8 99 Landscape Boulders (size range 24”-
36”) EA 2
9 99 Landscape Boulders (size range 36”-
48”) EA 14
10(S) 99 Pond Construction LS 1 ---
11 21 Erosion Control LS 1 ---
12 99 Pump Procurement and Installation LS 1 ---
13 99 Pump Vault Lid Replacement EA 1
14 99 Electrical Infrastructure Upgrades LS 1 ---
BID FORMS
BID FORMS
B
Item Item Unit of Estimated Item
Price Total
No. SS(1) Description Measure Quantity (in
figures) (in figures)
15 99 Pagoda Light Fixtures EA 6
16(S) 99 Lita Solar Lights (14ft pole) EA 2
17(S) 99 Lita Solar Light (20ft pole) EA 1
18 99 Camera Installation LS 1 ---
19 20 Shrubs 15 (gallon container) EA 11
20 20 Shrubs (5 gallon container) EA 39
21 20 Shrubs and Ground Covers (1 gallon
container) EA 63
22 20 Shrubs and Ground Covers (4 inch
container) EA 1011
23 26 Backfill Mix SQFT 2,040
24 99 Thin Existing Bamboo Thicket LS 1 ---
25 20 Mulch Planting Areas SQFT 3340
26 20 Modifications to Existing Irrigation
System LS 1 ---
27 3 Comply with Building Permit
Requirements LS 1 ---
28 20 Plant Establishment Period MONTH 3
Total Project Bid $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
S – Specialty item per Section 5-1.13A SUBCONTRACTING, General of the Standard Specification
BID FORMS
BID FORMS
C
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more than
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
BID FORMS
BID FORMS
E
under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
BID FORMS
BID FORMS
F
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
BID FORMS
G
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
BID FORMS
H
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
and include construction within a
public park? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
and include construction within a
public park? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
and include construction of a pond
(700 square feet minimum area)?
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 □
BID FORMS
BID FORMS
I
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 4
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
and include construction of a pond
(700 square feet minimum area)?
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 □
BID FORMS
BID FORMS
J
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)
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. Cheng Park Revitalization Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2020 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
3 CONTRACT AWARD AND EXECUTION
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:
3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development
Department. All requirements of the building permit shall be applied to the project. The
Contractor is required to notify the building department 72 hours in advance to schedule
inspections.
4 SCOPE OF WORK
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 3, 7, 15, 20, 21, 26, 73, and 99 for general,
material, construction, and payment specifics.
Add Section 4-1.03A WORK DESCRIPTION, Project Specific Signage:
Maintain Revenue Enhancement Funding signage in work area. Return Revenue
Enhancement Funding signs at the end of the project or upon the Engineer’s request.
6 CONTROL OF MATERIALS
Add to Section 6-2.03 DEPARTMENT ACCEPTANCE:
The Engineer will furnish Sales Tax signs mounted to moveable barricades. Maintain
Sales Tax signage in work area. Return Sales Tax signs at the end of the project or upon
the Engineer’s request.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan:
Provide traffic control plan and traffic control application at or before the preconstruction
meeting. Traffic control plan must be drawn to scale. Traffic control application may be
obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
Add to Section 7-1.04 PUBLIC SAFETY:
Contractor shall understand that the work to be done under this contract is located in a
public park. Every effort should be exercised to protect park users from the construction
site and avoid impeding traffic whenever possible for access, maneuvering, and staging
equipment.
Contractor shall provide a rigid 6-ft high (minimum) chain link or other rigid work site fence
surrounding the work site (including any staging and storage areas) and provide other
such safeguards and facilities to keep park users from entering the construction area.
Contractor shall control and maintain park access and vehicular traffic in a safe manner
around the work site at all times. Contractor shall leave work site clean and free from
hazards at the end of each day and on weekends. Walkways must be swept daily. All
tools, forms, stakes, hardware, paint cans, building materials and/or any other items that
could be a potential hazard to children and park users must be removed from the work
site at the end of each day. Coordinate work-site fence with staging as specified in Section
5-1.32, "Areas of Use," of the State Standard Specifications.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3
9 PAYMENT
Add to Section 9-1.01 GENERAL:
Work as specified in these specifications and as shown on the Plans for which no
separate payment is provided for in the Bid Item List will be considered a subsidiary
obligation of the Contractor and the cost thereof shall be included in the applicable
Contract prices for the item to which the work applies.
The following additional Bid Item descriptions are included for those atypical bid items not
fully covered in the Standard Specifications:
BID ITEM 10 – POND CONSTRUCTION – Payment for this lump sum bid item shall be
made on a percent complete basis, based on the lump sum amount for this item, and
includes full compensation for the demolition of the existing pond and installation of the
new pond in accordance with the Contract Documents including but not limited to removal
and disposal of concrete and piping infrastructure, installation of new concrete, lining,
boulder edge (boulders and slabs), eroded edge, and piping as indicated on the Plans.
This bid item shall include all the necessary labor, tools, materials, and equipment
required to do all the work.
BID ITEM 14 – ELECTRICAL INFRASTRUCTURE UPGRADES – Payment for this lump
sum bid item shall be made on a percent complete basis, based on the lump sum amount
for this item to provide modifications to all electrical infrastructure on the site including the
existing lights on the pagoda and new conduit and wiring for one camera mounted on a
new solar light pole as indicated on the Plans. This bid item shall include all the necessary
labor, tools, materials, and equipment required to do all the work.
BID ITEM 18 – CAMERA INSTALLATION – Payment for this lump sum bid item shall be
made on a percent complete basis, based on the lump sum amount for this item to install
one City supplied camera to a new 20’ solar light pole as indicated on the Plans. This bid
item shall include locating the data point of connection within the park planter behind the
sidewalk on Marsh Street and providing a connection to the camera per the Plans. This
bid item shall include all the necessary labor, tools, materials, and equipment required to
do all the work.
DIVISION III EARTHWORK AND LANDSCAPE
20 LANDSCAPE
Add to Section 20-1.01A GENERAL, Summary:
You are cautioned that existing irrigation lines within the park are shallow and can be
easily damaged by heavy equipment driving over the surface.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4
You must repair damages to landscaping, and irrigation caused by your access to the
project site and your operations in accordance with Section 20 Landscaping and
applicable current engineering standards. Damages to irrigation system must be repaired
within (2) days.
All irrigation laterals and heads within the project site must be removed unless shown
otherwise on the plans.
Cap laterals outside of the project site to allow existing irrigation system to remain
operational to surrounding planted and areas during construction.
Replace Section 20-4.01A GENERAL, Summary with:
Section 20-4 includes specifications for performing plant establishment, work, and caring
for the planting including:
1. watering plants
2. pruning plants
3. replacing damaged plants
4. weeding
5. rodent and pest control
6. operation and repair of irrigation facilities
Establish and continually maintain all newly planted areas for three months starting the
day after the date of project acceptance. The remainder of the contract, excluding the
work involved in the maintenance period, will be finalized in compliance with section 9-
1.17C.
Before the maintenance period begins, an agreed upon maintenance schedule indicating
the days that maintenance are planned to be performed must be approved by the
Engineer.
DIVISION XII BUILDING CONSTRUCTION
99 BUILDING CONSTRUCTION
Add Section 99-1.01 GENERAL:
See Appendix B for technical specifications for park rehabilitation.
DIVISION XIII APPENDICES
Add Section 100-1.01 APPENDICIES:
Appendix A – Form of Agreement
Appendix B – Technical Specifications
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.
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
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: ____________________
APPENDIX
APPENDIX
3
APPENDIX B – TECHNICAL SPECIFICATIONS