HomeMy WebLinkAbout05-17-2016 Item 15 Reading File
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
JOB ORDER CONTRACT 2016
Specification No. 91446
JULY 2016
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Job Order Contract 2016
Specification No. 91446
Approval Date: 5/17/2016
<<Signature Date>>
NOTICE TO BIDDERS
i
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, California 93401, until
2:00 p.m. on June 10, 2016
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
Job Order Contract 2016, Specification No. 91446
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 on the basis of 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.
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
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $20.00 if picked up in person, or
2. $30.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
NOTICE TO BIDDERS
ii
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
A printed copy may be obtained by paying a non-refundable of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
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, Kyle Rowland at (805) 783-7717 or 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 $500,000
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 established with each Task Order.
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 be 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 qualifica tion 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.
NOTICE TO BIDDERS
iii
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.
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.
In the event that 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.
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
iv
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Kathryn Stanley 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
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required
bid bond will be 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:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR Job Order Contract 2016, Specification No. 91446
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 39, 77 2” AC Grind & Overlay SQFT 200
2 39,77 6” AC Pavement - Excavation & Restoration SQFT 8000
3 39,77 10” AC Pavement - Excavation & Restoration SQFT 3000
4 77 8” PCC with 3” max AC Cap - Excavation &
Restoration SQFT 1800
5 39 AC Dike – Caltrans A87B LF 220
6 39 Pavement Reinforcing Fabric SQYD 10
7 37 Slurry Seal - Type II SQYD 20
8 84 Pavement Marking - Caltrans A24 SQFT 100
9 84 Traffic Stripe - Caltrans A20 Detail 1 LF 50
10 84 Traffic Stripe - Caltrans A20 Detail 2 LF 50
11 84 Traffic Stripe - Caltrans A20 Detail 8 LF 50
12 84 Traffic Stripe - Caltrans A20 Detail 9 LF 50
13 84 Traffic Stripe - Caltrans A20 Detail 22 LF 50
14 84 Traffic Stripe - Caltrans A20 Detail 29 LF 50
15 84 Traffic Stripe - Caltrans A20 Detail 38 LF 50
16 84 Traffic Stripe - Caltrans A20 Detail 39 LF 50
17 84 Traffic Stripe - Caltrans A20 Detail 39A LF 50
18 85 Reflective Pavement Marker - All Types EA 5
19 15 Remove Traffic Stripe LF 100
20 73 Remove & Replace Sidewalk - Std. 4110 SQFT 700
21 73 Remove & Replace Curb and Gutter - Std. 4030 LF 80
22 73 Remove & Replace Curb Ramp - Std. 4440 SQFT 1500
BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
23 73 Remove & Replace Cross Gutter - Std. 4310 SQFT 10
24 73 Remove & Replace Driveway Ramp - Std.
2110,2111,2115,2116 SQFT 400
25 73 Mission Style PCC Coloring and Salt Finish SQFT 300
26 73 Mission Style Tile Installation per Std. 4220 LF 20
27 73 Replace Truncated Domes - Std. 4440 SQFT 50
28 84 Repaint Curb LF 100
29 73 Furnish & Install Metal Sign Post - Std. 7215 EA 5
30 56 Furnish & Install Metal Sign - Std. 7215 EA 5
31 15 Reconstruct Guardrail - Caltrans A77A1 LF 10
32 77 (s) Tree Removal and Disposal, 12” Max. DBH EA 2
33 77 Root Pruning or Shaving HR 10
34 73 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 1
35 73 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 1
36 73 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 1
37 15 Enlarge Tree Grate Opening EA 20
38 51, 77 Catch Basin - Std. 3350 EA 1
39 51, 77 Catch Basin - Std. 3355 EA 1
40 51, 77 Catch Basin - Std. 3360 EA 1
41 15 Adjust Utility Cover - Std 6040 EA 25
42 15, 77 Manhole Replacement - Std 6610 EA 1
43 77 Construct Well / Cleanout - Std. 6710 - G5 EA 3
44 77 Potholing (Depth - 0’ to 4') EA 20
45 77 Potholing (Depth - 4' to 8') EA 15
46 77 Potholing (Depth - 8'+) EA 15
47 77 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 20
48 77 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’)
Shoring Required LF 20
49 77 Pipe Excavation & Restoration (Depth - 8.5’+)
Shoring Required LF 20
50 12 Traffic Control - Eng. Std. 7310 – Fig A HR 40
51 12 Traffic Control - Eng. Std. 7310 – Fig B HR 70
52 12 Traffic Control - Eng. Std. 7310 – Fig C HR 10
53 12 Traffic Control - Eng. Std. 7310 – Fig D HR 30
54 12 Traffic Control - Eng. Std. 7310 – Fig E HR 90
55 12 Traffic Control - Eng. Std. 7310 – Fig F HR 10
BID FORMS
C
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
56 12 Traffic Control - Eng. Std. 7310 – Fig G HR 20
57 12 Traffic Control - Eng. Std. 7310 – Fig H HR 40
58 12 Traffic Control - Eng. Std. 7310 – Fig I HR 10
59 12 Traffic Control - Eng. Std. 7310 – Fig J HR 10
60 12 Traffic Control - Eng. Std. 7310 – Fig K HR 110
61 12 Traffic Control - Eng. Std. 7310 – Fig L HR 20
62 12 Traffic Control - Eng. Std. 7310 – Fig M HR 200
63 12 Traffic Control - Eng. Std. 7310 – Fig N HR 30
64 12 Traffic Control - Eng. Std. 7310 – Fig O HR 20
65 12 Traffic Control - Eng. Std. 7310 – Fig P HR 100
66 12 Minor Traffic Control HR 1000
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
BID FORMS
D
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
Address and Phone
Number of Office, Mill or
Shop Specific Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
E
(Rev 9-07)
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 connect ion 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 states 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 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
F
NONCOLLUSION 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 mem ber 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
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)
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
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 or did
this project include trench repair work?
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 trench repair work?
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 trench repair work?
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
I
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
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
Ad d to Section 1-1.01
The work must be done in compliance with the City of San Luis Obispo, Department of Public Works :
1. Job Order Contract 2016 Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2016 edition
3. State of California, Department of Transportation Standard Specifications and Standard Plans –
2010 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 6 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
2 BIDDING
Replace Section 2-1.33A with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be
signed by the bidder.
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 the contract requirements.
4 SCOPE OF WORK
Add to Section 4-1.03:
Comply with the provisions of Sections 12, 15, 37, 39, 51, 56, 73, 77, 84, and 85 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) days of verbal notification of
SPECIAL PROVISIONS
2
work needs, you must meet the Engineer on-site to review task scope and estimate quantities. The
Engineer will issue a notice to proceed to you, identify the number of working days for the Task Order,
and identify the work start date. Five (5) days after the notice to proceed has been issued, you must
submit a traffic control plan for review.
5 CONTROL OF WORK
Add to Section 5-1.01:
Adjustments to working hours may be imposed due to public traffic impacts in compliance with Section 7-
1.03B.
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. A representative of the prime contractor must be on site when any
subcontractor is performing contract work.
Add to Section 5-1.36A:
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D:
Existing third party (non City-owned) utilities are shown on project plans for information purposes only. It
is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of
excavation or sawcutting. The City of San Luis Obispo is not responsible for any:
1. damages
2. costs
3. delay
4. expenses
resulting from a third party underground facility operator’s failure to comply with stipulations as set forth in
4216.7.(c) of California Government Code.
Add to Section 5-1.43A:
Potential claim forms are located on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
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 7-1.02K(1):
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Add to Section 7-1.03B:
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.
SPECIAL PROVISIONS
3
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 for the 1st Task Order, you will be issued a “blanket” no-fee
encroachment permit for the duration of the contract. Permittee is responsible to comply with all
conditions of the traffic control plan. Complete work using due diligence in order to restore free flowing of
traffic.
Replace Section 7-1.06 with:
7-1.06A General
Procure and maintain for the duration of the contract, insurance against claims for:
1. injuries to persons
2. damages to property
which may arise from or in connection with the performance of the work by your:
1. agents
2. representatives
3. employees
4. subcontractor
Provide:
1. Commercial General Liability Insurance
2. Commercial General Liability Insurance Endorsement
3. Automotive Liability Insurance
4. Automotive Liability Insurance Endorsement
5. Workers’ Compensation Insurance
The Contractor agrees to defend, indemnify and hold harmless the City from and against any and all fines
or mitigation measures imposed on the City arising out of the Contractor's actual or alleged violation of
any local, state or federal regulation, as well as all attorney fees, costs and expenses of any kind which
directly or indirectly arise out of or are in any way associated with enforcing this indemnity provision
against the Contractor.
7-1.06B Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. CG 20 10 Prior to 1993
b. CG 20 10 07 04 with CG 20 37 10 01
2. Insurance Services Office form number CA 0001 (January 1987 Edition) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
7-1.06C Minimum Limits of Insurance
Maintain insurance limits no less than:
1. General Liability:
a. $1,000,000 per occurrence for bodily injury, personal injury and property damage.
b. If Commercial General Liability or other form with a general aggregate limit is used, either the
c. general aggregate limit must apply separately to this project/location
d. the general aggregate limit must be twice the required occurrence limit.
2. Automobile Liability:
a. $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability:
SPECIAL PROVISIONS
4
a. $1,000,000 per accident for bodily injury or disease.
7-1.06D Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City, either:
1. the insurer must reduce or eliminate the deductibles
2. procure a bond guaranteeing payment of:
a. losses and related investigations
b. claim administration and defense expenses.
7-1.06E Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects:
a. liability arising out of activities performed by or on behalf of you
b. your products and completed operations
c. premises owned, occupied or used by you
d. automobiles owned, leased, hired or borrowed by you
2. The coverage must not contain special limitations on the scope of protection afforded to the City
and its:
a. officers
b. officials
c. employees
d. agents
e. volunteers
3. For any claims related to this project, your insurance coverage will be the primary insurance for
the City and its:
a. officers
b. officials
c. employees
d. agents
e. volunteers.
4. Any insurance or self-insurance maintained by the City is in excess to your insurance and will not
contribute to it.
5. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties must not affect coverage provided to the City and its
a. officers
b. officials
c. employees
d. agents
e. volunteers
6. Your insurance must apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required must be endorsed to state that coverage will not be:
a. Suspended
b. Voided
c. canceled by either party
d. reduced in coverage or in limits
except after thirty days prior written notice provided by certified mail with return receipt requested has
been given to the City.
8. Coverage may not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision (b) of section 2782 of the Civil Code.
SPECIAL PROVISIONS
5
7-1.06F Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
7-1.06G Verification of Coverage
Furnish the City with a certificate of insurance showing required insurance coverage. Original
endorsements effecting general liability and automobile liability cove rage must be provided. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
7-1.06H Subcontractors
Include all subcontractors as insured under its policies or provide separate certificates and endorsements
for each subcontractor. All insurance coverage for subcontractors are subject to same requirements as
the prime contractor.
8 PROSECUTION AND PROGRESS
Add to Section 8-1.02A:
Provide a Level 1 schedule for Task Orders of durations greater than 8 days.
Add to Section 8-1.03:
All listed subcontractors performing contract work must attend the preconstruction meeting.
At a minimum, provide the following submittals at the preconstruction meeting:
1. emergency contact list
2. representative at the site of work authorized to sign extra work tickets
3. representative authorized to sign change orders
4. Caltrans equipment rental rates for equipment used to complete work
5. water pollution control plan
6. location of construction yard
7. location of disposal site
8. evidence construction yard is correctly permitted if construction yard is not your business address
9. evidence disposal yard is correctly permitted.
The preconstruction meeting discussion will include :
1. Contract details
2. contract implementation
3. potential issues
4. Task Order processing and payment
Replace Section 8-1.14A with:
Section 8-1.14A General
The Public Works Director may terminate the Contract if it serves the City’s best interest. The City issues
you a written notice, implements the termination, and pays you for any authorized Task Order work that is
complete.
Delete Sections 8-1.14B through 8-1.14E
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.
SPECIAL PROVISIONS
6
Add to Section 9-1.23:
After given the opportunity, you fail to complete any of the following:
1. maintain the project site,
2. complete project work,
3. any other cause which requires City staff to complete work at the project site
you must reimburse the City in compliance with section 9-1.23.
DIVISION II GENERAL CONSTRUCTION
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.
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
Add to 2nd paragraph in Section 13-1.01A:
A minor WPCP plan form may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02A:
The City has obtained an annual permit for construction from the A ir Pollution Control District (APCD).
The annual APCD permit and construction log files are located on the City’s website:
http://www.slocity.org/publicworks/slostandards.asp
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 to Section 14-9.02C:
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.
SPECIAL PROVISIONS
7
Add to Section 14-9.02D:
Full compensation for APCD compliance and app licable engineering standards will be paid by force
account when contamination is encountered.
15 EXISTING FACILITIES
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 grinding 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.
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 Engineer and indicated in the issued Task Order
for that work. Replacement Metal Guard Beam Rail shall conform with Section 83.
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.
DIVISION V SURFACING AND PAVEMENTS
39 HOT MIX ASPHALT
Add to Section 39-1.01:
Paving is not to be done without the inspection of the Engineer.
Add to Section 39-6:
Due to the potential for oil price fluctuation throughout the length of 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 o f 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.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
SPECIAL PROVISIONS
8
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 const ruction 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.
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.”
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.
SPECIAL PROVISIONS
9
After completely exposing the entire pipe to be replaced, payment by force account will be used to
complete pipe excavation, installation and replacement of pipe, bedding, and initial backfill. 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 “Pipe Excavation & Restoration” includes excavation to top of pipe, and installation
of subsequent backfill.
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 77-3.04:
Force account payment will be used for manhole coating if coating is required by Engineer.
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.
APPENDICES
10
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, 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.
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, Engineering Standards, Special Provisions, and any Addenda.
3. Caltrans Standard Specifications and Plans 2010
3. Accepted Bid.
4. Public Contract code Section 10285.1 Statement and 10162 Questionnaire.
5. Noncollusion Declaration.
APPENDICES
11
6. Plans.
7. List of Subcontractors.
8. Agreement and Bonds.
9. Insurance Requirements and Forms.
ARTICLE IV. 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.
Non-Exclusive Contract. Contractor acknowledges that this contract is a "job order" based contract and that
any work arising under this contract is subject to City issuing a task order (or the equivalent). Contractor
agrees that City shall have the right to enter into similar contracts with other contractors for the scope of
work described herein and that, unless and until a task order (or the equivalent) is issued to Contractor,
Contractor shall have no right to perform the work set forth herein.
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
__________________________________
Katie Lichtig, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
Rev. 12-28-09