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Home My WebLink About03-18-2022 Construction Contract with Souza Engineering for Storm Drain Culvert Repair at Broad and Leff AGREEMENT THIS AGREEMENT, made on _________________ , by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and Souza Engineering Contracting, Inc. (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 STORM DRAIN CULVERT REPAIRS BROAD STREET AT LEFF STREET, SPECIFICATION NO. 91156 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. TRAFFIC CONTROL LS 1 --- $16,000 2. COMPLY WITH OSHA LS 1 --- $16,770 3. DEMOLITION AND REMOVAL OF ALL EXISTING INFRASTRUCTURE LS 1 --- $28,120 4. REMOVE AND REPLACE STOP SIGNPOST EA 2 $488 $976 5. FILL ABANDONED 12” CMP CY 5 $727 $3,635 DocuSign Envelope ID: 56E15D4C-2B5F-4EBE-81BD-89FECE0A16DDDocuSign Envelope ID: 3BB1AC0E-1A41-48C2-9E5C-1549DBF6BDF7 3/18/2022 | 9:23 AM PDT 6. CURB & GUTTER LF 77 $94 $7,238 7. SIDEWALK SQFT 700 $18 $12,600 8. REPAIR CULVERT PER SHEET 8 OF PLAN SET LS 1 --- $85,067 9. NEW MANHOLE ACCESS AND PREFAB BOX PER DETAILS LS 1 --- $55,905 10. INSTALL CATCH BASINS AND CURB & GUTTER AT INLETS EA 2 $7,915 $15,830 11. INSTALL 12” STORM DRAIN LINE, DUCTILE IRON PIPE (D.I.P.) LF 40 $290 $11,600 12. INSTALL 18” HDPE LINE LF 52 $400 $20,800 13. CURB RAMP INSTALLATION AT NORTH CORNER LS 1 --- $9,695 14. CURB RAMP INSTALLATION AT SOUTH CORNER LS 1 --- $9,695 15. CURB RAMP INSTALLATION AT EAST CORNER LS 1 --- $9,695 16. CURB RAMP INSTALLATION AT WEST CORNER LS 1 --- $1,540 17. LANDSCAPE RESTORATION LS 1 --- $9,695 18. CURB PAINTING LF 100 $2.40 $240 19. STRIPING AND PAVEMENT MARKINGS LS 1 --- $5,750 20. 6” HMA TYPE A ½’’ MAX SQFT 1,300 $16.20 $21,060 21. 10” HMA TYPE A ½’’ MAX SQFT 1,000 $23.70 $23,700 BID TOTAL: $365,611.00 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 DocuSign Envelope ID: 56E15D4C-2B5F-4EBE-81BD-89FECE0A16DDDocuSign Envelope ID: 3BB1AC0E-1A41-48C2-9E5C-1549DBF6BDF7 which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 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 DocuSign Envelope ID: 56E15D4C-2B5F-4EBE-81BD-89FECE0A16DDDocuSign Envelope ID: 3BB1AC0E-1A41-48C2-9E5C-1549DBF6BDF7 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. ATTEST: CITY OF SAN LUIS OBISPO A Municipal Corporation ______________________________________ Teresa Purrington, City Clerk ___________________________________ Erica A. Stewart, Mayor APPROVED AS TO FORM __________________________________ J. Christine Dietrick City Attorney CONTRACTOR: Souza Engineering Contracting, Inc dba Souza Construction _______________________________ Steve A. Souza President ___________________________________ _______________ _________________________________ _________ Stuart A. Souza Secretary DocuSign Envelope ID: 56E15D4C-2B5F-4EBE-81BD-89FECE0A16DDDocuSign Envelope ID: 3BB1AC0E-1A41-48C2-9E5C-1549DBF6BDF7