HomeMy WebLinkAbout06-21-2016 Item 14 Council Reading File - 91268 SpecialProvisionsRev 1 - 3/30/16 BL
Rev 2 – 5/12/16 DMA
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
CMP REPLACEMENTS 2015
Specification No. 91268
JUNE 2016
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
CMP Replacements 2015
Specification No. 91268
Approval Date: June 21, 2016
<<Signature Date>>
TABLE OF CONTENTS
Bid Submission ………………........................………………………………………………………….… 1
Bid Documents ………………………………………………………………………………………………. 1
Project Information …………….………………………………………………………………………….... 2
Qualifications ………………………………………………………………………………………………… 2
Award …………………………......………………………………………………………………………….. 3
Accommodation………………….………………………………………………………………………….. 4
Bid Item List …………………….……………………………………………………………………………. 5
List of Subcontractors …………...………………………………………………………………………… 8
Code Section Statements ……..…………………………………………………………………………… 9
Non-Collusion Declaration …..…………………………………………………………………………….. 10
Bidder Acknowledgements ….…………………………………………………………………………….. 11
Qualifications Form …………...…………………………………………………………………………….. 12
Bidder’s Bond ………………….…………………………………………………………………………….. 13
Special Provisions …………….…………………………………………………………………………….. 14
Agreement …………………………………………………………………………………………………….. 20
NOTICE TO BIDDERS
1
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 July 20
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
CMP Replacements 2015, Specification No. 91268
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, special provisions and inspection videos 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. $25.00 if picked up in person, or
2. $35.00 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
2
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 fee 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, Jennifer Lawrence, at (805) 781-7226 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 the removal or abandonment of existing storm drain facilities and
installing new storm drain pipes, manholes and catch basins. Additionally, a new cross gutter and ADA
compliant sidewalk ramp will be constructed.
The project estimated construction cost is $244,100.
Contract time is established as 40 working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work
within the contract time.
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.
There will be a mandatory pre-bid walkthrough on July 5, 2016. Bidders shall meet at 2:00 p.m. at the
intersection of Foothill and Carpenter in San Luis Obispo. Bids will not be accepted from any Contractor
who does not attend this walk-through.
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.
All of the referenced projects must be for underground pipeline replacement completed under
contract with a public agency as the prime contractor. One referenced project must be for a storm
drain project, including curb opening inlets.
NOTICE TO BIDDERS
3
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 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.
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
4
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
5
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 CMP Replacements 2015, Specification No. 91268
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
Bond – Kentucky (Plan sheet 2)
1 77
Remove (E) AC Pavement and
Replace with (N) PCC Cross Gutter
per Eng. Std. 4310; Remove and
Replace (E) Curb & Gutter per Eng.
Std. 4030 (Note 1)
LS 1
2 15
Remove (E) Storm Drain Pipe and
Box; Remove (E) Storm Drain
Manhole per Eng. Std. 6050
(Note 2)
LS 1
3 77
Remove (E) AC & Base and
Replace with (N) Structural AC
Pavement (Note 4)
SF 1645
4 15 Grade adjust (E) utility cover per
Eng. Std. 6040 (Note 4A) EA 2
5 15 Relocate (E) Stop Sign per Eng.
Std. 7210 (Note 5) EA 1
6 15
Replace (E) Water Meter Box & Lid
with (N) Box & Lid per Eng. Std.
6210. (Note 6)
EA 1
7 73
Remove (E) PCC Sidewalk and
Construct (N) PCC Sidewalk with
Curb Ramp per Eng. Stds. 4110,
4440 and Caltrans Standard Plan
A88A (Note 7)
LS 1
8 84 Paint Curb Return Red (Note 8) LF 66
BID FORMS
6
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
Santa Ynez – Loomis (Plan sheet 3)
9 73
Remove (E) PCC Sidewalk and
Replace with (N) PCC Sidewalk
per Eng. Std. 4110 (Note 7A)
SF 63
10 77
LOCATION #1: Remove (E) Storm
Drain Structure and Install (N)
Catch Basin per Eng. Std. 3360;
Connect (E) Pipe to Proposed
Structure (Note 10)
LS 1
11 77
LOCATION #2: Remove (E) Storm
Drain Structure and Install (N)
Catch Basin per Eng. Std. 3360;
Connect (E) Pipe to Proposed
Structure; (Note 10)
LS 1
12 77
Remove (E) AC Pavement and
Replace per Engineering Standard
6025 (Note 11)
SF 105
13 77
Remove (E) 24" CMP Storm Drain
Pipe and Install (N) 24" HDPE
Pipe (Note 12)
LF 95
14 77 Install 24" HDPE Flared End
Section (Note 13) EA 1
15 21
Place Hydroseed and Jute Netting
or approved equal on Sloped
Embankment (Note 13A)
SF 255
16 15 Remove and Restore (E)
Guardrail (Note 14) LS 1
17 15 Remove and Restore (E) Chain‐
link Fence (Note 14A) LS 1
18 15, 77
Remove (E) PCC Junction Box;
Install (N) Storm Drain Manhole
per Eng. Std. 3520 (Notes 15,16)
LS 1
19 20
Remove (E) Tree and Grind
Stump to 2’ below grade; Place
(N) Tree per Eng. Std. 8250
(Note 24)
EA 1
20 20 Prune (E) Tree per City Arborist
(Note 24A) LS 1
BID FORMS
7
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
Foothill – Carpenter (Plan sheet 4)
21 77
Remove (E) Storm Drain
Structure and Install (N) Catch
Basin per Eng. Std. 3355; Connect
(N) Pipe to Proposed Structure
(Note 19)
LS 1
22 77
Remove (E) AC Pavement and
Replace per Engineering Standard
6025 (Note 11)
SF 32
23 77
Relocate (E) Water Lateral and
Replace (E) Water Meter Box and
Lid with (N) Box and Lid per Eng.
Std. 6210 (Note 18)
EA 1
24 77
Remove (E ) 12” CMP Storm
Drain Pipe on Foothill Blvd and
Abandon (E ) 12” CMP Section on
Carpenter (Notes 20, 21)
LS 1
25 77 Install (N)12" HDPE Pipe with 45°
Bend (Notes 20, 21) LF 105
26 77 Connect (N) 12" HDPE Pipe to (E)
54" CMP (Note 22) EA 1
27 77
Inspect condition of (E) 54" CMP;
Rehabilitate bottom per Paved
Invert Detail (Note 23)
LS 1
28 7 Provide Site Health & Safety Plan
(HSP) per Engineer's request LS 1
29 7 Comply with HSP LS 1
General (All sites)
30 12 Traffic Control Plan LS 1
31 84, 85 Restore disturbed Striping and
Pavement Markings (Note 17) LS 1
32 7 Comply with OSHA LS 1
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
BID FORMS
8
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.
(Rev 9-07)
BID FORMS
9
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 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
10
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
11
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
12
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 pipe
replacement activity?
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 pipe
replacement activity?
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 pipe
replacement activity?
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
13
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
14
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. CMP Replacements 2015, Specification No. 91268 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
7. HSP 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.
4 SCOPE OF WORK
Add to Section 4-1.03 Work Description
Comply with the provisions of Sections 7, 12, 14, 15, 59, 73, 77, 84, 85 & 91 for general, material,
construction, and payment specifics.
Add Section 4-1.03A Project Specific Signage
Maintain Sales Tax signage in work area. Return Sales Tax signs at the end of the project or upon the
Engineer’s request.
5 CONTROL OF WORK
Add to Section 5-1.01 Control of Work General
Adjustments to working hours may be imposed due to public traffic impacts in compliance with section 7-
1.03B.
SPECIAL PROVISIONS
15
Working hours are restricted to 7:00 a.m. to 4:00 p.m. Monday through Friday prior to September 22,
2016 when Cal Poly is not in session.
Working hours are restricted at the Foothill Blvd and Carpenter Street location to 9:00 a.m. to 3:00 p.m.
after September 22, 2016.
Add to Section 5-1.13A Sub-Contracting General
A representative of the prime contractor must be on site when any subcontractor is performing contract
work. Contract work will not be allowed to continue until prime contractor’s representative is on site.
Add to Section 5-1.36A General
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D Non-highway Facilities
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 Claims and Dispute Resolution General
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 6-2.03 Department Furnished Materials
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 7-1.02K(1) General
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Add to Section 7-1.03A(3) No Parking
The San Luis Obispo’s Police Dispatch phone number is (805) 781-7312.
Add to Section 7-1.03B Traffic Control Plan
Working hours are restricted to 7:00 a.m. to 4:00 p.m. Monday through Friday, except as otherwise noted.
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
SPECIAL PROVISIONS
16
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 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:
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:
SPECIAL PROVISIONS
17
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.
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 coverage 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.
SPECIAL PROVISIONS
18
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 8-1.01
8-1.01A Order of Work
First order of work is to pothole connection points and existing utilities intersecting the work. Verify pipe
size, materials, and depths prior to construction.
Section 8-1.02A Schedule
Provide a Level 1 schedule for this work.
Add to Section 8-1.03 Pre-Construction Conference
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. work schedule
6. traffic control application
7. traffic control plans
8. water pollution control plan
9. location of construction yard
10. location of disposal site
11. evidence construction yard is correctly permitted if construction yard is not your business address
12. evidence disposal yard is correctly permitted.
13. door hanger for notification of adjacent properties
9 PAYMENT
Add to Section 9-1.23 City Billing
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
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
SPECIAL PROVISIONS
19
14 ENVIRONMENTAL STEWARDSHIP
Replace 1st paragraph in Section 14-11.01B(3) Health and Safety Plan with
The engineer has identified a potential for hazardous conditions within the work area at the location of
Foothill at Carpenter; wielding in a confined space. Prepare and submit a site specific Health and Safety
Plan (HSP).
DIVISION III GRADING
Replace Section 19-1.03B with:
Notify the Engineer prior to removal of unsuitable material. Excavate unsuitable material. Ensure that
unsuitable material is separated from other suitable construction materials or removed from the work
area.
Removal of unsuitable material including rock, within contract work area and limits and for which there is
no separate pay item, is paid for in other items on the Bid Item List. Removal of unsuitable material
outside contract work area and limits, as directed by the Engineer, will be paid by force account.
Add to Section 20-1.03E
Tree removal: Remove tree from the work area in accordance with Section 16 Clearing and
Grubbing. Include removal or grinding of stump to 2 feet below adjacent grade.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
Replace Section 77-3.03F(2) with
Abandoned drainage pipe left in place at the location of Foothill Boulevard at Carpenter Street must be
filled with cement grout as follows:
Abandoned drain pipe shall be filled with lean grout. Voids in and around the pipe shall be filled
for the entire length of the pipe.
The lean grout (low density foam concrete) shall be composed of water, portland cement, sand,
and a foaming agent. The foaming agent shall conform to the requirements of ASTM
Designations: C 869 and C 796. Portland cement shall conform to the requirements of
Section 90-1.02B(2) "Cement," of the Standard Specifications. Sand shall be clean and free from
deleterious coatings, clay balls, roots and other extraneous material and shall be of a size that will
pass a No. 8 sieve.
The lean grout shall have a cast density, at the point of placement, of between 42 pounds per
cubic foot and 60 pounds per cubic foot and shall have a minimum compressive strength of
200 pounds per square inch at 28 days.
The water, cement, and sand shall be mixed prior to adding the foaming agent. The foaming
agent shall not be added until the material is at the project site.
The Contractor shall determine the mix proportions of the lean grout.
Before using grout for which the mix proportions have been determined by the Contractor, the
Contractor shall submit in writing to the Engineer a copy of the mix design for approval. Certified
test data or trial batch reports verifying that the mix design complies with the density and
compressive strength requirements of these special provisions shall be submitted with the mix
design.
SPECIAL PROVISIONS
20
The Contractor shall develop and submit a grouting plan to the Engineer. The grouting plan shall
address all aspects of the grouting procedure. Grouting shall not begin until the grouting plan has
been approved by the Engineer. The Engineer will have 2 days for review of the grouting plan.
Replace Section 77-3.03F(3) Repair with
54” corrugated storm drain pipe must be repaired as follows:
Prior to work in 54” pipe, Contractor shall submit a confined Space Entry plan that complies with
OSHA and is approved by Engineer. Repair 54” corrugated metal storm drain pipe (CMP) in
compliance with the drawings and details. Contractor shall inspect the pipe to document the CMP
invert condition. Contractor shall provide clear digital photographs of the CMP’s deterioration prior
to paving the invert.
Contractor shall devise a plan to stop the flow of any nuisance water in the culvert. Contractor
shall bypass or collect any nuisance water that would normally flow in the pipe invert, if present.
Contractor shall clean the CMP invert at wire welded mesh weld locations to allow for tack welds.
4x4 W4.0/4.0 welded wire mesh will be installed as shown in the plans.
Minor concrete shall be in compliance with 90-1.01B, Class 3, 550 lb/cy cement content, 2,500
psi @ 28 days. Contractor shall ensure that ½” concrete aggregate be crushed granite or a stone
of similar hardness. Concrete shall be installed as shown on the plans. Excess concrete shall not
be left in the pipe. Concrete must be allowed to cure for three days, minimum, before inundation
by water occurs.
APPENDICES
21
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.
3. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda.
4. Plans.
5. Caltrans Standard Specifications and Standard Plans 2010
6. Accepted Bid.
7. List of Subcontractors.
APPENDICES
22
8. Public Contract Code Sections 10285.1 Statement.
9. Public Contract Code Section 10162 Questionnaire.
10. Public Contract Code Section 10232 Statement.
11. Labor Code Section 1725.5 Statements.
12. Bidder Acknowledgements.
13. Qualifications.
14. Attach Bidders Bond to Accompany Bid.
15. Non-collusion Declaration.
16. Agreement and Bonds.
17. Insurance Requirements and Forms.
ARTICLE IV INDEMNIFICATION: Hold Harmless and Indemnification. The Contractor agrees to defend,
indemnify, protect and hold the City and its agents, officers and employees harmless from and against any
and all claims asserted or liability established for damages or injuries to any person or property, including
injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and defending against same;
provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or
employees. In the event of conflict with any other indemnification or hold harmless provisions of this
Agreement, the provision that provides the most protection to the City shall apply.
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
__________________________________
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
Rev. 2 5/12/16 DMA