HomeMy WebLinkAbout06-08-2026 Agreement with Souza Engineering Contracting for Islay Street Sewer Replacement, Specification No. 20000170AGREEMENT
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 City) and SOUZA ENGINEERING CONTRACTING, INC.
(hereinafter called the Contractor).
WITNESSETH:
That the City 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
ISLAY STREET SEWER REPLACEMENT, SPECIFICATION NO. 2000170
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the City, 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 City or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The City 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 Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 7 TRAFFIC CONTROL PLAN AND
IMPLEMENTATION LS 1 $50,740.00 $50,740.00
2 77 POTHOLING LS 1 $35,060.00 $35,060.00
3 84 REPLACE TRAFFIC STRIPING &
MARKERS LS 1 $19,450.00 $19,450.00
4 7 COMPLY WITH OSHA LS 1 $7,503.00 $7,503.00
5 77 ABANDON SEWERLINE,
MANHOLES AND FACILITIES LS 1 $7,320.00 $7,320.00
6 77 SEWER BYPASS PUMPING LS 1 $23,810.00 $23,810.00
7 77 TREE PROTECTION LS 1 $760.00 $760.00
8* 19 ROCK EXCAVATION CY 100 $99.00 $9,900.00
9 5,15 REPLACE MONUMENT AND
WELL EA 2 $2,388.00 $4,776.00
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6/8/2026 | 2:32 PM PDT
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
10 77
REMOVE EXISTING SEWERLINE
AND INSTALL NEW 8" HDPE
SEWERLINE BY OPEN
TRENCHING
LF 888 $229.00 $203,352.00
11 77
REMOVE EXISTING SEWERLINE
AND INSTALL NEW 12" HDPE
SEWERLINE BY OPEN
TRENCHING
LF 1853 $314.00 $581,842.00
12 77 INSTALL NEW SEWER MANHOLE EA 7 $16,894.00 $118,258.00
13 77
INSTALL NEW STORMDRAIN
MANHOLE EA 1 $13,367.00 $13,367.00
14 77
INSTALL COATING ON NEW
SSMH MANHOLE EA 7 $5,320.00 $37,240.00
15 77 REMOVE EXISTING MANHOLE EA 10 $1,308.00 $13,080.00
16 77 INSTALL NEW CLEANOUT EA 3 $4,765.00 $14,295.00
17 77
CONNECT EXISTING SEWER
LATERAL TO SEWER MAIN EA 71 $2,418.00 $171,678.00
18 77
CONNECT TO (E) SEWER
MANHOLE PER ENG. STD. 6610 EA 1 $1,308.00 $1,308.00
19* 73
REPLACE CURB AND GUTTER
PER ENG. STD. 4030 LF 75 $190.00 $14,250.00
20* 73
REPLACE SIDEWALK PER ENG.
STD. 4110 SQFT 325 $36.00 $11,700.00
21 73
REPLACE SPEED HUMP PER
ENG. STD. 7321 SQFT 250 $25.00 $6,250.00
22 73
REPLACE CROSS GUTTER PER
ENG. STD. 4310 SQFT 30 $202.00 $6,060.00
23 77
REPLACE WATER WELL AND
COVER PER ENG. STD. 6340 EA 1 $1,600.00 $1,600.00
24 77
REMOVE EXISTING AND INSTALL
NEW 12" DIP STORMDRAIN LF 112 $357.00 $39,984.00
25 77
REMOVE EXISTING AND INSTALL
NEW 12" PVC STORMDRAIN LF 251 $330.00 $82,830.00
26* 77
CULVERT LID REPAIR PER
DETAIL B, SHEET 6 SQFT 30 $679.00 $20,370.00
27 77 CONNECT TO (E) SD CULVERT
PER DETAIL A, SHEET 6 EA 2 $1,992.00 $3,984.00
28 77
CONNECT TO (E) STORMDRAIN
STRUCTURE PER ENG. STD.
3540
EA 1 $944.00 $944.00
29 77 PIPE PENETRATION REPAIR PER
DETAIL C, SHEET 6 EA 1 $2,173.00 $2,173.00
30 15 RE‐SET (E) PAVERS (ISLAY AND
CHORRO) SQFT 75 $41.00 $3,075.00
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Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
31 82 REPLACE SIGN POST PER ENG.
STD. 7210 EA 1 $580.00 $580.00
32* 77 RE‐GRADE SEWER LATERAL
BEYOND 5 FEET LF 100 $50.00 $5,000.00
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
* Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted
regardless of the final bid item quantity.
BID TOTAL: $1,512,539.00
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.
If any dispute arises regarding the work or contract price, Contractor must follow the
procedures in the contract documents, including the requirements on change order
requests and dispute resolution.
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 2024
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Labor Code Section 1725.5 Statements
8. Bidder Acknowledgements
9. Qualifications
10. Noncollusion Declaration
11. Agreement and Bonds
12. 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 acts or omissions of
Contractor, its employees, subcontractors, representatives, or agents, in bidding or
performing the work or in failing to comply with any obligation of Contractor under 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
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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
acts or omissions in bidding or performing the work or in failing to comply with any obligation
of Contractor under this Agreement. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by the law
of the State of California and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V: It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
ARTICLE VI LABOR CODE COMPLIANCE: This Agreement is subject to all applicable
requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements
pertaining to wages, working hours and workers’ compensation insurance, as further
specified in the contract documents.
The project is subject to the prevailing wage requirements applicable to the locality in which
the work is to be performed for each craft, classification or type of worker needed to perform
the work, including employer payments for health and welfare, pension, vacation,
apprenticeship and similar purposes. Copies of these prevailing rates are on file with the
City and are available online at http://www.dir.ca.gov/DLSR.
City may not enter into the Agreement with a bidder without proof that the bidder and its
subcontractors are registered with the DIR to perform public work pursuant to Labor Code
section 1725.5, subject to limited legal exceptions.
Pursuant to Labor Code § 1861, by signing this Agreement, Contractor certifies as follows:
“I am aware of the provisions of Labor Code § 3700 which require every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work on this contract.”
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
APPROVED AS TO FORM CONTRACTOR:
Souza Engineering Contracting, Inc
dba Souza Construction
______________________________
J. Christine Dietrick
City Attorney
_______________________________
Steve A. Souza
President
CITY OF SAN LUIS OBISPO
A Municipal Corporation
______________________________
Whitney McDonald, City Manager
________________________________
Nickie Zepeda
Secretary
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