HomeMy WebLinkAbout07-24-2023 Construction Contract with Brough Construction, Inc. for North Broad Street Neighborhood Park ProjectAGREEMENT
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 BROUGH CONSTRUCTION, 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
NORTH BROAD STREET NEIGHBORHOOD PARK, SPEC NO. 91683
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
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1 Traffic Control Systems LS 1 --- $22,000.00
2 Caltrans Encroachment Permit LS 1 --- $3,000.00
3 Temporary Erosion Control LS 1 --- $25,000.00
4 Water Pollution Control LS 1 --- $9,800.00
5 Cap and Abandon 3/4" Service Lateral
and Remove Meter (City Std 6050) EA 1 --- $10,000.00
6 Remove Hose Bib, Cap and Abandon
Supply Line (City Std 6050) EA 1 --- $2,300.00
7 Abandon Existing Sewer Lateral (City Std
6050) EA 1 --- $16,000.00
8 Sawcut and Remove Concrete Sidewalk,
Apron, and Driveway SF 551 $10.00 $5,510.00
9 Sawcut and Remove Concrete Curb &
Gutter LF 14 $95.00 $1,330.00
10 Sawcut and Remove Asphalt Concrete SF 28 $47.00 $1,316.00
DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECADocuSign Envelope ID: C910BEE6-83B9-4E10-83A8-5F9E2955FEFC
7/24/2023 | 4:53 PM PDT
11 Remove Existing Sidewalk Guardrail LS 1 --- $1,000.00
12 Tree Protection LS 1 --- $7,000.00
13 Site Clearing and Grubbing LS 1 --- $14,000.00
14 Project Site Excavation CY 400 $160.00 $64,000.00
15 Native Material Backfill CY 145 $78.00 $11,310.00
16 Imported Backfill CY 245 $150.00 $36,750.00
17 1" Water Service and Meter (City Std
6210) EA 1 --- $13,000.00
18 NDS 9" Catch Basin with Atrium Grate EA 4 $1,400.00 $5,600.00
19 NDS 9" Catch Basin with Square Grate EA 1 --- $1,400.00
20 6" PVC Storm Drainpipe LF 150 $50.00 $7,500.00
21 Flared End Outlet and Rip-Rap Pad LS 1 --- $4,000.00
22 Class II Aggregate Base (under concrete
areas) CY 65 $375.00 $24,375.00
23
Asphalt Pavement Repair (Surface
Restoration) (City Std 4110) (10-inch
minimum thickness)
SQFT 28 $140.00 $3,920.00
24 Minor Concrete - Curb & Gutter (City Std
4030) LF 14 $160.00 $2,240.00
25
Minor Concrete - 6" Thick Reinforced
Concrete Paving and Thickened Edge
(where shown) (Modified City Std 4110)
SQFT 2205 $25.00 $55,125.00
26
Minor Concrete - 4" Thick Reinforced
Concrete Walk and Thickened Edge
(where shown) (Modified City Std 4110)
SQFT 2640 $14.00 $36,960.00
27 Minor Concrete - 4" Thick Unreinforced
Concrete Sidewalk (City Std 4110) SQFT 395 $14.00 $5,530.00
28
Minor Concrete - 8" Wide Reinforced
Concrete Mow Curb (Modified City Std
8710)
LF 210 $48.00 $10,080.00
29
Minor Concrete - 6" Wide Reinforced
Concrete Mow Curb (Modified City Std
8710)
LF 162 $47.00 $7,614.00
30 Minor Concrete - Accessible Ramped
Edge at Play Area LF 58 $120.00 $6,960.00
31 Minor Concrete - Accessible Safety
Surface Ramped Edge at Play Area LF 25 $120.00 $3,000.00
32 Sidewalk Guardrail (Modified City Std
4240) LF 20 $475.00 $9,500.00
33 42" High Steel Pedestrian Barrier Fence
with Gate and Lock LF 118 $110.00 $12,980.00
34 36" High Steel Pedestrian Barrier Fence LF 191 $105.00 $20,055.00
35 6' High Steel Security Barrier Fence LF 384 $120.00 $46,080.00
36 Paint Curb Red LF 187 $7.00 $1,309.00
37 Roadside Sign (No U-Turn) (City Std
7210) EA 1 --- $500.00
38 Roadside Sign (No Parking) (City Std
7210) LS 1 --- $500.00
39 Park Signage LS 1 --- $4,000.00
DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECADocuSign Envelope ID: C910BEE6-83B9-4E10-83A8-5F9E2955FEFC
40 Entry Trellis w/Custom Signage LS 1 --- $16,000.00
41 Garden Walk (Granite, Base, and Fabric) SQFT 2061 $16.00 $32,976.00
42 Engineered Wood Fiber Safety Surface,
Felt, and Drain SQFT 811 $27.00 $21,897.00
43 Spectraturf Safety Surfacing (including
base materials, felt and drain) SQFT 150 $345.00 $51,750.00
44 Bike Rack EA 2 $1,900.00 $3,800.00
45 Two-Story Shed "Little Free Library" LS 1 --- $4,500.00
46 Compost Bin EA 5 $550.00 $2,750.00
47 Hydration Station and Percolation Well LS 1 --- $16,000.00
48 Tri-Net Climber EA 1 --- $36,000.00
49 Kid Spinner EA 1 --- $13,000.00
50 Shade Sail Structure EA 1 --- $50,000.00
51 Tree Grate (Modified City Std 8130) EA 2 $2,500.00 $5,000.00
52 8' Picnic Table EA 2 $6,500.00 $13,000.00
53 Round Patio Table (3-chair) EA 2 $5,800.00 $11,600.00
54 Round Patio Table (4-chair) EA 1 --- $5,900.00
55 City Standard Bench and Concrete Pad
(where shown) (Modified City Std 9040) EA 8 $6,500.00 $52,000.00
56 Trash Container and Concrete Pad
(where shown) (Modified City Std 9040) EA 6 $6,400.00 $38,400.00
57 Custom Precast Concrete Cornhole
Boards EA 4 $3,500.00 $14,000.00
58 Landscape Boulders LS 1 --- $19,000.00
59 Potting Bench EA 2 $1,400.00 $2,800.00
60 Dog Waste Station EA 1 --- $2,000.00
61 4' x 8' Raised Garden Planter EA 12 $2,800.00 $33,600.00
62 3' x 4' ADA Garden Planter EA 6 $3,000.00 $18,000.00
63 Irrigation System LS 1 --- $125,000.00
64 Landscaping LS 1 --- $144,000.00
65 Plant Establishment Work Month 12 $3,400.00 $40,800.00
66 Path Lights (City Std 7905) EA 4 $10,000.00 $40,000.00
67 Combination Path Light and Camera
Assembly (Modified City Std 7905) EA 1 --- $24,000.00
68 PGE Coordination LS 1 --- $13,000.00
69 Site Electrical LS 1 --- $70,000.00
70 Archeological Monitoring Plan
Compliance LS 1 --- $7,800.00
BID TOTAL: $ 1,441,117.00
DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECADocuSign Envelope ID: C910BEE6-83B9-4E10-83A8-5F9E2955FEFC
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
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.
DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECADocuSign Envelope ID: C910BEE6-83B9-4E10-83A8-5F9E2955FEFC
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
ATTEST:
_______________________________
Teresa Purrington, City Clerk
CITY OF SAN LUIS OBISPO
A Municipal Corporation
___________________________________
Erica A. Stewart, Mayor
APPROVED AS TO FORM CONTRACTOR:
BROUGH CONSTRUCTION, INC.
________________________________
___________________________________
J. Christine Dietrick
City Attorney
Jeffrey L. Brough
President
____________________________________
Heather Brough
Chief Financial Officer
DocuSign Envelope ID: 457C8153-D483-4C3B-BEB2-FA0CE3EC6ECADocuSign Envelope ID: C910BEE6-83B9-4E10-83A8-5F9E2955FEFC