HomeMy WebLinkAbout11-01-2016 Council Reading File - RRST Class I to Laurel-Orcutt Specifications
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Railroad Safety Trail Class I Connection - Laurel & Orcutt
Specification No. 91373
October 2016
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Change Log - 9-2-16 – DMA (deleted at 100%)
Railroad Safety Trail Class I Connection – Laurel & Orcutt
Specification No. 91373
Approval Date: November 1, 2016
Approval Date___11.XX.16__
Jonathan L. Stong
Approval Date___11.XX.16__
Matthew A. Horn
TABLE OF CONTENTS
Bid Submission ………………........................………………………………………………………….… 1
Bid Documents ………………………………………………………………………………………………. 1
Project Information …………….………………………………………………………………………….... 2
Qualifications ………………………………………………………………………………………………… 2
Award …………………………......………………………………………………………………………….. 3
Accommodation………………….………………………………………………………………………….. 3
Bid Item List …………………….……………………………………………………………………………. 4
List of Subcontractors …………...………………………………………………………………………… 6
Code Section Statements ……..…………………………………………………………………………… 7
Non-Collusion Declaration …..…………………………………………………………………………….. 8
Bidder Acknowledgements ….…………………………………………………………………………….. 9
Qualifications Form …………...…………………………………………………………………………….. 10
Bidder’s Bond ………………….…………………………………………………………………………….. 11
Special Provisions …………….…………………………………………………………………………….. 12
Agreement …………………………………………………………………………………………………….. 19
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 November 30, 2016
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:
Railroad Safety Trail Class I Connection – Laurel & Orcutt, Specification No. 91373
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
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, Luke Schwartz at (805) 781-7190 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 includes constructing a new Class I shared use path connecting the Railroad Safety
Trail to the Laurel & Orcutt intersection.
The project estimated construction cost is $159,000.
Contract time is established as 20 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.
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.
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 any bid based on non-responsiveness if a bidder fails to provide a bid
that complies with all bidding instructions.
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
NOTICE TO BIDDERS
3
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.
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
4
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 RAILROAD SAFETY TRAIL CLASS I CONNECTION – LAUREL & ORCUTT,
SPECIFICATION NO. 91373
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 9 Mobilization LS 1
2 12 Traffic Control LS 1
3 56 Remove Roadside Sign (Wood
Post) EA 2
4 15 Remove Concrete (Curb &
Gutter) LF 223
5 15 Remove Concrete Sidewalk SQFT 1300
6 15 Remove and Seal Painted Traffic
Stripe LF 350
7 15 Remove Painted Pavement
Marking SQFT 215
8 15 Remove Bench EA 1
9 15 Remove Bike Push Buttons and
Conductors (Salvage) EA 2
10 15 Remove Concrete Curb LF 23
11 19 Roadway Excavation CY 241
12 26 Class 2 Aggregate Base CY 120
13 39 Hot Mix Asphalt (Type A) TON 42
14 73 Minor Concrete (Curb & Gutter) LF 225
15 73 Minor Concrete (Stamped
Concrete) SQFT 310
16 73 Minor Concrete (Sidewalk) SQFT 1910
17 73 Minor Concrete (Driveway) SQFT 86
18 73 Minor Concrete (Curb Ramp) SQFT 145
19 77 Reconstruct Sidewalk Underdrain LS 1
BID FORMS
5
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
20 15 Adjust Water Valve Cover EA 1
21 15 Reset Utility Box EA 6
22 86 Install Bicycle Loop Detector
System EA 2
23 56 Relocate Roadside Sign EA 3
24 56 Roadside Sign - One Post EA 2
25 56 Install Sign (Strap and Saddle
Bracket Method) EA 2
26 84 Thermoplastic Traffic Stripe LF 315
27 84 Paint Traffic Stripe LF 210
28 84 Thermoplastic Pavement Marking SQFT 178
29 73 Detectable Warning Surface SQFT 43
30 73, 77 Tree Protection, Regrade Back of
Sidewalk, Landscape Restoration LS 1
Bid Total $
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
BID FORMS
6
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
7
(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 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
8
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
9
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
10
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 similar activities?
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 similar activities?
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 similar activities?
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
11
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
12
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. Railroad Safety Trail Class I Connection – Laurel & Orcutt 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
Upon notification of project award, return:
1. executed contract
2. insurance
3. contract bonds
within five working days after the bidder receives the contract.
4 SCOPE OF WORK
Add to Section 4-1.03 Work Description
Comply with the provisions of Section(s) 9, 12, 15, 19, 26, 39, 56, 73, 77, 84 and 86 for general, material,
construction, and payment specifics.
Add Section 4-1.03A Project Specific Signage
Maintain Revenue Enhancement Funding signage in work area. Return Revenue Enhancement Funding
signs at the end of the project or upon the Engineer’s request.
SPECIAL PROVISIONS
13
5 CONTROL OF WORK
Add to Section 5-1.01 Control of Work General
Adjustments to working hours may be imposed, in compliance with section 7-1.03B, because of public traffic
impacts.
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 7-1.03B Traffic Control Plan
Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic
control plan must be drawn to scale and provided for each phase of work requiring a change in traffic
control. 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, 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.
Work hours are restricted to 8:30 a.m. to 4:00 p.m. whenever traffic control with lane reduction is required.
Work that does not reduce lanes may be done at any time between the hours of 7 a.m. to 5:00 p.m.
SPECIAL PROVISIONS
14
Access for pedestrians and bicyclists must be provided at all times at the Orcutt/Laurel intersection and
along the northern side of Orcutt Road. Where sidewalks are undergoing construction, temporary alternate
walkways must be placed around the work site to provide adequate accessibility meeting Americans with
Disabilities Act (ADA) requirements. A minimum width of four feet must be maintained at all times and must
provide for a safe passage along the work area. If pedestrians are diverted into a portion of the street,
temporary barricades shall be used to buffer the pedestrian walkway from adjacent vehicular travel lanes.
At locations where adjacent alternate walkways are not practical, the Engineer may approve sidewalk
closures. In this instance, the Contractor will be responsible for providing escorts and/or flaggers to escort
pedestrians or bicyclists past the work zone during work activities.
Any required traffic signal shutdown (flash mode) at the Orcutt/Laurel intersection must be approved by the
Engineer. Due to the presence of the nearby Union Pacific Railroad (UPRR) railroad crossing and use of
traffic signal preemption at the Orcutt/Laurel intersection, it will be the responsibility of the Contractor to
contact the appropriate UPRR representatives at least seven calendar days prior to any planned signal
shutdown to ensure that traffic signal work does not conflict with train schedules.
It shall be the responsibility of the Contractor to procure the required Right of Entry Permits from UPRR for
construction activities that will occur within the railroad right-of-way. The Contractor shall consider permit
processing time when developing the work schedule and is responsible for applicable UPRR permitting
fees and insurance requirements.
To reduce impacts to vehicular traffic, pedestrian and bicycle access during construction activities, traffic
control shall be divided into stages. Refer to Section 8-1.01A (Order of Work) of these special provisions
for guidance. The Contractor’s traffic control shall comply with the approved traffic control plan, unless
approved in writing by the Engineer.
Seven calendar days prior to the start of construction, signage must be installed at the following locations
to warn motorists, pedestrians and bicyclists of upcoming construction and delays:
Orcutt Road – eastbound and westbound approaching Orcutt/Laurel intersection. (CMS)
Laurel Lane – southbound direction approaching Orcutt/Laurel intersection. (CMS)
Railroad Safety Trail – southbound direction 0.5 miles north of Orcutt Road (north of trail
connection to Boulevard Del Campo). (Fixed Sign)
Railroad Safety Trail – north (at Amtrak Station) and south (near George St./Jennifer St.
intersection) entry points to Jennifer Street Bridge (Fixed Sign)
Railroad Safety Trail – at trailhead on Orcutt Road. (Fixed Sign)
At the locations identified above with “CMS”, Changeable Measure Signs (CMS) must be used and shall
remain in place for duration of construction. At other locations identified above, fixed signs may be utilized.
The language on the advance warning signs must be approved by the Engineer.
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
SPECIAL PROVISIONS
15
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.
The Contractor shall, at its sole cost and expense, comply with any additional insurance requirements
established by UPRR for work within the railroad right-of-way.
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
SPECIAL PROVISIONS
16
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.
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.
SPECIAL PROVISIONS
17
8 PROSECUTION AND PROGRESS
Add to Section 8-1.01
8-1.01A Order of Work
Provide a proposed plan for phasing of construction activities in conjunction with traffic control plan, which
must be submitted at of before the preconstruction meeting. The City reserves the right to direct order of
work. All work must only be conducted within one traffic control phase at a time, except as approved by
the Engineer. However, within each phase, the Contractor may choose, depending on scheduling, how to
complete the work. Any adjustments must be approved by the Engineer.
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
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02A
The City has obtained an annual permit for construction from the Air Pollution Control District (APCD). The
annual APCD permit and construction log files are located on the City’s website:
SPECIAL PROVISIONS
18
http://www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
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.
Add to Section 14-9.02D
Full compensation for APCD compliance and applicable engineering standards is included in the payment
for other bid items unless a bid item of work is shown on the bid list item.
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.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Add to Section 77-1.01
Excavation and restoration includes removal of concrete.
77-1.01B Incorporated by Reference
Earthwork must comply with Section 19.
77-5.01 General
Construct sidewalk underdrain in compliance with Engineering Standards 3420.
86 ELECTRICAL SYSTEMS
Add to Section 86-5.01A(3) Construction Materials
Use 3’x5’ Type D inductive bicycle detector loop conductor.
Add to Section 86-5.01A(4) Installation Details
Install Bicycle Loop Detectors as shown on the plans. Connect to nearest pull box, and then using existing
conduit, connect to existing signal controller, replacing existing bicycle signal phase push-button activation.
APPENDICES
19
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
20
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