HomeMy WebLinkAboutCouncil Reading File - SpecificationsRev 1 - 3/30/16 BL
Rev 2 – 5/12/16 DMA
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Concrete Streets and Accessibility Improvements Project
Specification No. 91455
<<February 2018>>
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Concrete Streets and Accessibility Improvements Project
Specification No. 91455
Approval Date: <<March 8, 2018>>
<<March XX, 2018>>
<<March XX, 2018>>
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 …………...………………………………………………………………………… 7
Code Section Statements ……..…………………………………………………………………………… 8
Non-Collusion Declaration …..…………………………………………………………………………….. 9
Bidder Acknowledgements ….…………………………………………………………………………….. 10
Qualifications Form …………...…………………………………………………………………………….. 11
Bidder’s Bond ………………….…………………………………………………………………………….. 12
Special Provisions …………….…………………………………………………………………………….. 13
Agreement …………………………………………………………………………………………………….. 22
(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 <<March, 2018>>
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:
Concrete Streets and Accessibility Improvements Project, Specification No. 91455
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 B id 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, Brian Nelson at (805) 781-7113 (bnelson@slocity.org) 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 new ADA compliant curb ramps at existing street corners, pavement
replacement at the intersections of Dana & Nipomo, Palm & Toro, Palm & Johnson, and replacement of
sections of concrete pavement on Dana Street.
The project estimated construction cost is $660,000
Contract time is established as <<50>> 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 or C8 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.
One of the three referenced projects must be for concrete curb and sidewalk construction work,
Americans with Disabilities Act (ADA) compliance, and detectable warning surface and/or truncated
domes installation.
One of the three of the reference projects must be for roadway construction.
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.
NOTICE TO BIDDERS
3
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
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 b y 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 e qual 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 Concrete Streets and Accessibility Improvements Project, Specification No.
91455
Item
No. SS(1) Item Description Quantity
Unit of
Measure Unit Price Item Total
1 15
Mill PCC Pavement (Dana
Street) 4,300 SQYD
2 39, 88 Paving Grid (Dana Street) 2,375 SQYD
3 39
HMA - 0.75" Leveling Course -
3/8 Inch Aggregate (Dana
Street PCC Overlay Only) 115 TON
4 39
HMA - 1.75" Surface Course -
1/2 Inch Aggregate (Dana
Street PCC Overlay Only) 440 TON
5
15,
40, 90
Remove (E) Concrete
Pavement and Replace with 8"
Concrete Pavement 3,230 SQFT
6 15, 39
Remove (E) Concrete
Pavement and Replace with 6"
Asphalt Concrete 1,500 SQFT
7 15, 39
Remove (E) Concrete
Pavement and Replace with 10"
Asphalt Concrete 4,050 SQFT
8 15, 39
Remove (E) AC/PCC Pavement
and Replace with AC/PCC
Pavement 400 SQFT
9 15, 39
Remove (E) Asphalt Concrete
and Replace with 6" Asphalt
Concrete 4,500 SQFT
10 15, 39
Remove (E) Asphalt Concrete
and Replace with 10" Asphalt
Concrete 75 SQFT
11
15,
40, 90
Concrete Base Repair
(Allowance) 2,000 SQFT
BID FORMS
6
Item
No. SS(1) Item Description Quantity
Unit of
Measure Unit Price Item Total
12 15
Upgrade/Adjust Water Valve to
Finished Grade 18 EA
13 15
Upgrade/Adjust Sanitary Sewer
Manhole or Cleanout 8 EA
14 15
Upgrade/Adjust Survey
Monument 5 EA
15 15
Adjust Communications
Manhole to Finished Grade 3 EA
16 73
Remove and Replace (E)
Concrete Pavement with
Mission Style Concrete Cross
Gutter 2 EA
17 73
Remove and Replace (E)
Concrete Pavement with
Standard Concrete Cross
Gutter 2 EA
18 73
Curb Ramp South Corner of
Dana & Nipomo (Sheet 5) 1 LS ----------
19 73
Curb Ramp North Corner of
Dana & Nipomo (Sheet 6) 1 LS ----------
20 73
Curb Ramp West Corner of
Palm & Toro (Sheet 8) 1 LS ----------
21 73
Curb Ramp North Corner of
Palm & Toro (Sheet 9) 1 LS ----------
22 73
Curb Ramp East Corner of
Palm & Toro (Sheet 10) 1 LS ----------
23 73
Curb Ramp South Corner of
Palm & Toro (Sheet 11) 1 LS ----------
24 73
Curb Ramp West Corner of
Palm & Johnson (Sheet 13) 1 LS ----------
25 73
Curb Ramp North Corner of
Palm & Johnson (Sheet 14) 1 LS ----------
26 73
Curb Ramp East Corner of
Palm & Johnson (Sheet 15) 1 LS ----------
27 73
Curb Ramp South Corner of
Palm & Johnson (Sheet 16) 1 LS ----------
28 84, 85
Traffic Stripes and Pavement
Markers & Markings 1 LS ----------
29 5, 81
Construction Survey &
Monument Preservation 1 LS ----------
30 7, 12
Traffic Control Plan and
Implementation 1 LS ----------
31 73
Additional Sidewalk per City
Std. 4110 100 SQFT
32 73
Additional Sidewalk per City
Std. 4220 (Mission Style) 100 SQFT
33 73
Additional Curb and Gutter per
City Std. 4220 (Mission Style) 50 LF
Bid Total:
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
BID FORMS
7
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
8
(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 certificatio n 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
9
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
10
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
11
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
or did this project include concrete
curbs and sidewalk 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 roadway
construction 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
12
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
13
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. Concrete Streets and Accessibility Improvements Project 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 5, 7, 12, 15, 39, 40, 73, 81, 84, and 85 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 subcontract or is performing contract
work. Contract work will not be allowed to continue until prime contractor’s representative is on site.
SPECIAL PROVISIONS
14
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.
Sales Tax signs are stored at the City’s Corporation Yard on Prado Road. The Contractor is re sponsible to
load and transport from City Corporation yard to job site.
slo
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 Industri al Relations.
Add to Section 7-1.03B Traffic Control Plan
Dana Street to Dana & Nipomo Intersection
Work hours are restricted to 7:00 a.m. to 4:00 p.m. Access to driveways shall be maintained at all times.
Intersections of Palm & Toro and Palm & Johnson
Work hours are restricted to 7:00 a.m. to 4:00 p.m. Closure of intersection is allowed during paving
operations with an approved detour plan.
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:
SPECIAL PROVISIONS
15
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:
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:
SPECIAL PROVISIONS
16
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.
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
SPECIAL PROVISIONS
17
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 9-1.03 Payment Scope.
The City pays 7% annually (0.58% monthly) on unpaid claim amounts that are ultimately approved beginning
60 days after claim approval.
Add to section 9-1.16A General
Undisputed portions of a claim will be paid within 60 days after the City issues its written statement. Claim
resolution payment after 60 days are subject to additional interest payment in compliance with Section 9-1.03.
Replace section 9-1.22 with:
Claim Resolution Procedure is as follows:
1. You must submit all claims by registered mail or certified mail with return receipt requested.
You shall furnish reasonable documents to support the claim.
2. The Engineer will submit a written response to you for each claim within 45 days after the
Engineer’s receipt of a claim. The 45-day deadline is extended if mutually agreed by you and
the Engineer. If the Engineer needs approval from the City Council to provide you with a written
statement identifying the disputed portion and the undisputed portion of the claim, and the City
Council does not meet within the 45 days or within the mutually agreed extension of time, the
Engineer shall have up to 3 days following the next duly noticed meeting of the City Council
after the 45 day period, or extension, expires to provide you with a written statement identifying
the disputed portion and the undisputed portion of the claim.
3. If you dispute the Engineer’s written response to any claim, or the Engineer fails to respond
within the time specified, you must notify the Engineer in writing, either within 15 days of the
Engineer’s response or the Engineer’s failure to respond within the specified time period, and
demand an informal meeting to discuss and attempt to settle the issues remaining in dispute.
Upon receipt of such a demand, the Engineer will schedule such a meeting within 30 days.
4. Within 10 business days after the informal meeting, the Engineer will submit a written response
to you for the claim submitted identifying the portion of the claim that remains in dis pute and
the portion that is undisputed.
5. Following the informal meeting, if any claim or portion thereof remains in dispute, as identified
by you in writing, the claim will be submitted to non-binding mediation, with parties sharing the
associated costs equally. Both parties must agree to a mediator within 10 working days. If
parties are unable to mutually agree on mediator, each party must select a mediator and those
mediators must select a qualified neutral third party to mediate regarding the disputed portion
SPECIAL PROVISIONS
18
of the claim. Each party is responsible for the fees and costs charged by its respective mediator
in connection with selecting the neutral mediator. If mediation is unsuccessful, the portion of
the claim remaining in dispute will be subject to an y applicable procedure outside of this claim
resolution procedure.
Failure by the Engineer to respond to a claim from a contractor within the time periods described result
in the claim being rejected in its entirety.
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 secti on 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
Add Section 15-2.02B(3)a:
Grind concrete pavement with abrasive grinding equipment design for grinding concrete pavement in the
longitudinal direction of the traveled way. Cutter head for concrete grinding machines must not be less than
6 feet in width and must be operated without produc ing fumes or smoke. The grinding machine must be
capable of cold plane grinding without the need to soften pavement. Concrete grinding equipment shall also
be designed for grinding asphalt concrete.
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, wi thin 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 V SURFACING AND PAVEMENTS
Replace Section 39-1.02F Reclaimed Asphalt Pavement:
Reclaimed asphalt pavement is not allowed.
Replace the first sentence of Section 39-1.09D with:
Pavement reinforcing fabric and paving grid must comply with sections 88-1.02J and 88-1.02L. Paving grid
must be Class II.
Add Section 39-2 Standard Construction Process
Add Section 39-2.03 Acceptance Criteria, Testing:
For percent maximum theoretical density, the Engineer determines a deduction for each test result outside
the specifications using the reduced payment factors shown in the following table:
SPECIAL PROVISIONS
19
Replace Heading of Section 39-3.02 with Acceptance
Replace the 1st sentence of Section 39-3.02 with:
Obtain special inspection services of a geotechnical engineer to provide density testing during paving
operations to determine that the work effort is sufficient to achieve a minimum of 95 percent relative
compaction.
Ad d to Section 40-1.04 Payment:
Full compensation for work specified in Section 40 and Section 90 and applicable engineering standards is
included in payment for the bid item of work shown on the bid item list and will be paid for on a square
footage basis.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
Add to Section 73-1.03 Construction
You must meet with the Engineer for an average of 1.5 hours total per ramp to complete the following
coordination tasks:
1. Before saw-cutting to agree on the limits of dem olition and removal.
2. After formwork is set, to verify that grades meet those stated on the Plans.
3. Upon completion of new curb ramp installation to verify finished grades .
SPECIAL PROVISIONS
20
Curb ramps have been designed to comply with the current Caltrans Standard Plan detail RSP A88A and
City Std. 4440. Field modifications to the design plans, if approved by the Engineer, must meet the
dimensional and slope requirements of Standard Plan RSP A88A. When measur ing the ADA facility’s
dimensions and slopes, consider the required dimension or slope to have been met if the recorded
individual measurements comply with the following:
• Dimensional measurement does not exceed ½-inch from the dimension shown, i.e. ½-inch less
than a minimum dimension, or ½-inch greater than a maximum dimension.
• Slope measurement does not exceed 0.2 percent from the slope shown.
You must give the City a 24-hour notice for inspection of formwork before pouring the concrete.
You must calibrate all levels used in construction at the beginning of each wor k day.
You must ensure that new ramp flowlines do not create any "ponding" areas.
You cannot saw-cut and demolish more than 2 corners at any given intersection in order to allow
pedestrian travel.
Curb ramp spandrel design may vary from Engineering Standards, as directed by the Engineer, in order
to accommodate ramp landing.
You are responsible for storing existing signs and boxes for reuse.
Add to Section 73-1.04 Payment
As shown on the bid item list, each new curb ramp will be paid in lump sum for all work shown on the plans
for the individual corner, unless included in a separate bid item on the bid item list . The lump sum price
includes all work shown on the Plans, as specified in the Standard Specifications and these Special
Provisions. It also includes work for:
1. public notices
2. layout
3. elevation control
4. tree protection
5. protection of existing utilities and improvements
6. saw-cutting
7. demolition
8. removal and disposal of demolished material
9. formwork
10. red curb
11. temporary cold mix
12. relocation of signs
13. furnishing and installation of new signs, post and sleeves
14. furnishing and installation of new pull boxes
15. installation of curbs, curb & gutter, cross gutter spandrel, sidewalk and ramps
16. reinstalling existing utility boxes, pull boxes, and mail boxes
17. furnishing and installing tree grate frames
18. adjustment of existing utility manholes, pull boxes, vaults, etc.
19. reinstalling sidewalk underdrains
20. adjustment of fire hydrant spools
21. landscape replacement, if applicable
22. repair of existing irrigation systems, if damaged & modifications as needed
23. cleanup
SPECIAL PROVISIONS
21
Payment for 18-inch “paveouts” required by City Standards are included in the applicable pavement
removal and replacement bid item.
Full compensation for concrete cross gutters is paid on a per each basis as shown in the bid item list and
is identified as the the portion of the cross gutter between gutter spandrels.
Bid Item 8 includes all work associated with removal and replacement of existing PCC pavement and
overlying asphalt in compliance with City Standard Detail 6025, Case 2. In the event that existing PCC
pavement is greater than 8-inches thick, PCC shall be replaced a minimum of 8-inches thick with Class II
aggregate base subgrade. Bid Item 8 does not include work for “tee cut” of existing AC pavement where
glass grid is encountered. Tee cut will be paid for by force account.
Bid Items #31 & #32 & #33 – “Additional Sidewalk per City Std. 4110”, “Additional Sidewalk per City Std.
4220 (Mission Style)”, and “Additional Curb and Gutter per City Std. 4220” are additional items intended
for field changes and additions to work shown on the plans. The intent of the additional items is to
provide additional payment to conform specified work to existing field conditions on a per unit price basis.
Section 9 -1.06 is waived for these items and you are advised that items may be increased, decreased or
deleted in their entirety without any additional compensation.
Add to Section 73-4.03, Textured Concrete and Colored Concrete Surfaces, Construction:
Do not apply salt finish texture to concrete curb ramp spandrels and cross gutters. A broom finish shall be
applied at these locations.
Add to Section 77-1.01, Excavation and Restoration, General:
Protection and restoration of survey monuments and bench marks must comply with Section 5 -1.26 and 5-
1.36.
Replace to Section 84-1.04 Payment with:
Full compensation for work specified in section 84 and section 85 is included in the bid item of work shown
on the bid item list.
DIVISION X MATERIALS
Add to Section 90-1.01B Definitions with:
Concrete for street pavement shall be Class 2 high early strength as identified in Section 90-1.01B and
Section 90-3, meeting 2500 psi prior to traffic loading. Concrete pavement placed within the width of drive
approaches shall be Class 1 with 2% non-corrosive polar set to allow expedited traffic use following 4-hour
cure time (minimum 2500 psi prior to traffic loading).
Add to Section 90-1.02A General:
Volumetric mobile concrete mixers may be used for concrete installations up to 2 cubic yards per day.
Concrete installations greater than 2 cubic yards per day must use concrete that is mixed at a batch plant,
transported to the construction site, and placed.
Do not used bagged concrete or bagged cement within public right-of-way.
APPENDICES
22
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
23
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
__________________________________
Derek Johnson, 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