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HomeMy WebLinkAboutCouncil Reading File - Monterey and Osos Traffic Signal - Specials 91377 1 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO MONTEREY & OSOS TRAFFIC SIGNAL RECONSTRUCTION Specification No. 91377 June 2017 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Change Log - 1-31-17 – DMA (delete at 100%) 2 OSOS & MONTEREY SIGNAL UPGRADES Specification No. 91377 Approval Date: <<date of CM or CAR Report Authorizing Advertisement>> <<Signature Date>> <<Signature Date>> 3 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 …………...………………………………………………………………………… 6 Code Section Statements ……..…………………………………………………………………………… 7 Non-Collusion Declaration …..…………………………………………………………………………….. 8 Bidder Acknowledgements ….…………………………………………………………………………….. 9 Qualifications Form …………...…………………………………………………………………………….. 10 Bidder’s Bond ………………….…………………………………………………………………………….. 11 Special Provisions …………….…………………………………………………………………………….. 12 Agreement …………………………………………………………………………………………………….. 21 (Page Numbers may need to be updated, check before routing) 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 <<January 1, 2016>> at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: MONTEREY AND OSOS TRAFFIC SIGNAL INSTALLATION PROJECT, SPECIFICATION NO. 91377 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. $15.00 if picked up in person, or 2. $25.00 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, Bryan Wheeler at (805) 781-7178 or the 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 will replace all existing signal equipment at the intersection of Osos & Monterey Streets with new signal poles and mast arms, cabinet, controller, conduit, conductors and accessories as shown in the plans. The project estimated construction cost is $375,000. Contract time is established as 80 working days. The fixed liquidated damages amount is established at $1000 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” or “C-10” 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 have been 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 of the referenced projects must be for Traffic Signal Installation. 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. NOTICE TO BIDDERS 3 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 TOTAL PROJECT BID. 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 OSOS & MONTEREY SIGNAL UPGRADES, Specification No. 91377 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 15, 86 Install Traffic Signal LS 1 2 15, 73 Curb Ramp Improvements at Monterey and Osos West Corner (Sheet 4 – Detail A) LS 1 3 15, 73 Curb Ramp Improvements at Monterey and Osos South Corner (Sheet 4 – Detail B) LS 1 4 15, 73 Curb Ramp Improvements at Monterey and Osos North Corner (Sheet 4 – Detail C) LS 1 5 15, 73 Curb Ramp Improvements at Monterey and Osos East Corner (Sheet 4 – Detail D) LS 1 6 7 Traffic Control LS 1 Total Project Bid $ Company Name: (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 DIR Public Works Registration 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) DIR– Public Works Registration No: 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? 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? 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? 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. Monterey & Osos Traffic Signal Reconstruction, Spec # 91377 – Plans & 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 5 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. 4 SCOPE OF WORK Add to Section 4-1.03 Work Description Comply with the provisions of Sections 7, 15, 20, 73, 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. 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. SPECIAL PROVISIONS 13 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 Work hours are restricted to 7 a.m. to 4 p.m. , Monday through Friday, during construction. Intersection shall function and be signed as a 4-way stop controlled intersection during work, to the satisfaction of the Engineer. 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 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 SPECIAL PROVISIONS 14 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: 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: SPECIAL PROVISIONS 15 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. 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 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. SPECIAL PROVISIONS 16 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 Added to Section 8: Order of Work Upon commencing work which must interrupt normal operation of the traffic signal, permenant STOP signage and striping must be placed on each approach, per MUTCD standards for an all-way stop controlled intersection. This includes, but is not limited to, STOP AHEAD signage and flashing beacons per temporary traffic control standards. All remaining signal heads must be removed from the intersection. Contractor must demolish each existing signal and luminare pole foundation per City Standards. Where necessary, contractor must remove additional material necessary to install new signal pole foundations, locations of which are shown on the plans, and will be determined in the field by Project Manager. Contractor must excavate and construct each corner of the intersection as an exclusive order of work, up to and including signal pole foundation installation. Sidewalk, ramps and conductor conduit must be replaced, with new signal pole foundations protected in place at each corner before proceeding with further items of work or other curb ramp installation. Below is the preferred method for installation of signal equipment. Upon delivery of signal equipment, the contractor must proceed with the installation of signal equipment. 1. The signal cabinet must be installed in new location. Upon replacement of the traffic signal cabinet, the signal interconnect system and controller will be installed. To confirm connection to the interconnect system, the signal timing for the intersection must be downloaded to the controller. Upon completion of the downloaded timing, the Contractor will take the controller to the City Traffic Maintenance Office to be tested with Kelly Lindsay. Contractor must call Project Manager Bryan Wheeler and Signal Technician Kelly Lindsay at least 72 hours before requiring signal timing download, and before taking any controller to the City Traffic Maintenance Office for testing and permit 48 hours for the testing to be accomplished. The Contractor can supervise the testing if preferred. 2. Install Encom 5.8 GHz radio antennas per Construction Plans. Contractor must obtain an IP Address for the radio antenna from the City and program said radio antenna. Contact vendor for necessary support and test connections to each radio antenna. Coil excess cable with a maximum of 10’ in the bottom of the controller cabinet. 3. Install Battery Backup Systems (BBS) at the traffic signal. Contractor must confirm with City that all batteries are charged and connected to Battery Backup System. 4. Contractor must install video detection system. Install video detection cameras (RZ4-advanced) on signal poles and mast arms and all cables as shown on Construction Plans. Cameras to be powered directly by Battery Backup System through terminal block in the controller cabinet. Contractor must install other video detection equipment, including monitors, EdgeConnect Cabinet Hub, extension modules, and processors per the Construction plans. SPECIAL PROVISIONS 17 Contractor must utilize an Iteris representative or provide proof of installation certification from Iteris to program the cameras and set the detection zones. City must verify the detection zones created by Contractor or Iteris representative. 5. Contractor must replace existing pedestrian push buttons with Polara Navigator type pedestrian push buttons (PPB) as shown on the Construction Plans and specified in these Special Provisions. Contractor must fill out order forms and audible message forms and submit to City as a submittal with all other signal equipment. Contractor will allow two (2) working days for audible message order forms to be processed/verified by the City. New pedestrian push buttons must be covered until signal is operational. 6. Contractor must install all remaining signal equipment show on plans. 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 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 IX TRAFFIC CONTROL FACILITIES Add to Section 86-2.16A Signal installation is within downtown core area, as shown in City Engineering Standards, Appendix B. All traffic signal equipment within the Downtown Core must be coated Dark Forest Green. The contractor must submit a paint chip to the City for review and approval prior to ordering signal poles and equipment. Add to section 86-5.01E For each required new video detection camera, the contractor must provide one (1) spare Iteris RZ4-type camera and one spare Iteris Edge-2 USB processor unit or equivalent approved by the Engineer and must deliver spare unit/units to the City Corporation Yard located at 25 Prado Road. APPENDICES 18 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 must perform everything required to be performed, must 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. Plans. 4. Caltrans Standard Specifications and Standard Plans 2010 5. Accepted Bid. 6. List of Subcontractors. APPENDICES 19 7. Public Contract Code Sections 10285.1 Statement. 8. Public Contract Code Section 10162 Questionnaire. 9. Public Contract Code Section 10232 Statement. 10. Labor Code Section 1725.5 Statements. 11. Bidder Acknowledgements. 12. Qualifications. 13. Attach Bidders Bond to Accompany Bid. 14. Non-collusion Declaration. 15. Agreement and Bonds. 16. 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