HomeMy WebLinkAbout05-01-2018 Item 10 Approval to Advertise City Hall Chiller Replacement
Meeting Date: 5/1/2018
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Michael J. McGuire, Senior Civil Engineer
SUBJECT: CITY HALL CHILLER REPLACEMENT, SPECIFICATION NO. 91568
RECOMMENDATION
1. Approve plans and specifications for “City Hall Chiller Replacement, Specification No.
91568”; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the contract if the lowest responsible bid is within
the Engineer’s Estimate of $150,000.
DISCUSSION
The City Hall chiller is a roof-mounted cooling system that was installed in 1996. After
operating for over twenty years, the existing unit is beginning to fail and complete failure is
imminent. In recent years, staff has made numerous and costly maintenance repairs to keep the
unit working. To further complicate matters, the manufacturer has discontinued making this
chiller model and replacement parts are no longer available. When the unit fails completely,
City Hall will have no cooling, creating an uncomfortable and unhealthy environment for City
staff and the public.
This project will replace the existing chiller cooling system as soon as possible. The replacement
unit will be more energy-efficient, lighter in weight, and take up a smaller footprint on the roof
of City Hall. Additionally, the new unit will use an EPA compliant refrigerant instead of the
Freon refrigerant used by the existing chiller unit. Use of Freon gas is no longer permitted and
the existing unit is currently leaking it into the atmosphere, thus making this an important project
to achieve relative to the City’s Climate Action Major City Goal.
CONCURRENCES
A building permit application was submitted to the Community Development Department’s
Building Division in April 2018. A building permit will be approved this month and will be
issued to the contractor following the award of a construction contract. All comments and
conditions associated with the building and safety review of the project will be incorporated into
the design of the project. The City’s Sustainability Manager has reviewed the project and also
provided his concurrence.
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ENVIRONMENTAL REVIEW
The project is exempt from environmental review under Section 15301 Class 1(d) (restoration or
rehabilitation of deteriorated or damaged mechanical equipment to meet currents standards of
public health and safety) of the California Environmental Quality Act (CEQA) Guidelines
because the project proposes to replace the existing deteriorated chiller cooling system.
FISCAL IMPACT
The 2017-19 Financial Plan, page E2-59, identifies $205,000 in the construction phase for the
2017-18 fiscal year, which is enough to fully fund the total costs of this project. This project is
100% funded by the City’s Local Revenue Measure.
ALTERNATIVE
Deny advertising the project. The City Council could choose to postpone the project. Staff does
not recommend this alternative. The existing chiller unit is failing and as the summer months
approach, complete unit failure is imminent. Further delay of replacing the chiller cooling
system will only create emergency conditions for its replacement and increase the costs
associated with the construction phase of work.
Attachments:
a - Plans
b - Special Provisions
Costs Budget
Construction:150,000$
Construction Contingencies:15,000$
Total for Construction:165,000$
Printing/Advertising:500$
Testing/Inspection:2,500$
Total for Miscellaneous:3,000$
Total Cost of Project:168,000$
Availble Budget 205,000$
Remaining Balance 37,000$
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1801971 OSOS STREETSAN LUIS OBISPOCALIFORNIA 93401805-544-6161www.fraserseiplearchitects.comCITY HALL CHILLERREPLACEMENT990 PALM STREETSAN LUIS OBISPO, CABAM2/20/2018 PROGRESS PRINTPacket Page 104Item 10
PALM STREETMILL STREETOSOS STREET
1801971 OSOS STREETSAN LUIS OBISPOCALIFORNIA 93401805-544-6161www.fraserseiplearchitects.comCITY HALL CHILLERREPLACEMENT990 PALM STREETSAN LUIS OBISPO, CABAM2/20/2018 PROGRESS PRINTCITY HALL SITE PLAN / ROOF PLANSCALE : 1" = 20'- 0"24CITY HALL ROOF WELL MECHANICAL DEMOLTION PLANSCALE : 1/4" = 1'- 0"54CITY HALL ROOF WELL MECHANICAL PLANSCALE : 1/4" = 1'- 0"54Packet Page 105Item 10
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SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
CITY HALL CHILLER REPLACEMENT
Specification No. 91568
APRIL 2018
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Change Log – 6-30-17 MG
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City Hall Chiller Replacement
Specification No. 91568
Approval Date: May 1, 2018
05.01.18
05.01.18
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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 …………………………………………………………………………………………………….. 18
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NOTICE TO BIDDERS
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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 May 24, 2018
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
City Hall Chiller Replacement, Specification No. 91568
Any bid received after the time and date specified will not be considered and will be returned to the bidder
unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this notice and the
contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms
included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a
guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is
awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality
in a bid.
All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be
done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9,
Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible
contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract
will be awarded within 60 calendar days after the opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of
those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $20.00 if picked up in person, or
2. $30.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
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NOTICE TO BIDDERS
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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, Mike McGuire at (805) 783-7716 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 consists of the replacement of the roof-mounted Chiller unit. All work will be
performed on the roof level.
The project estimated construction cost is $150,000.
Contract time is established as 20 working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work
within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial
Relations has established prevailing hourly wage rates for each type of workman. Current wage rates
may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
There will be a mandatory walkthrough on May 15, 2018. Bidders should meet at the front of City Hall,
990 Palm Street at 10:00 AM or 2:00 PM. Prime Contractors wishing to submit a bid proposal are
required to attend and sign in at one of the two meetings.
QUALIFICATIONS
You must possess a valid Class C-20 or C-38 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 HVAC equipment installation for commercial
applications.
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NOTICE TO BIDDERS
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Failure to provide reference projects as specified in this section and as required on the qualification form
is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid
that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the
Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the
bidder lacks the
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 BASE 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.
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NOTICE TO BIDDERS
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You may substitute securities for moneys withheld under the contract in compliance with the provisions of
the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Kathryn Stanley at
(805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be
made as early as possible in the bidding process to allow time for accommodation.
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BID FORMS
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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 City Hall Chiller Replacement, Specification No. 91568
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 90 Chiller Replacement LS 1
Base Bid $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
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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.
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(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 state 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.
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BID FORMS
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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:____________________
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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
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Qualifications
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to
Bidders and indicated below, is cause to reject the bid. Additional information may be attached, but is not a
substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include HVAC work?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include HVAC work?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid or
did this project include HVAC work?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
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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)
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SPECIAL PROVISIONS
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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. City Hall Chiller Replacement Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2016 edition
3. State of California, Department of Transportation Standard Specifications and Standard Plans –
2010 edition
In case of conflict between documents, governing ranking must comply with section 5-1.02 of the City of
San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 6 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be
signed by the bidder.
3 CONTRACT AWARD AND EXECUTION
Replace 1st and 2nd paragraph in Section 3-1.18 with
Upon notification of project award, return:
1. executed contract
2. insurance
3. contract bonds
within five working days after the bidder receives the contract.
4 SCOPE OF WORK
Add to Section 4-1.03 Work Description
Comply with the provisions of Section 90 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.
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5 CONTROL OF WORK
Add to Section 5-1.01 Control of Work General
Adjustments to working hours may be imposed, in compliance with section 7-1.03B, because of public
traffic impacts.
Add to Section 5-1.13A Sub-Contracting General
A representative of the prime contractor must be on site when any subcontractor is performing contract
work. Contract work will not be allowed to continue until prime contractor’s representative is on site.
Add to Section 5-1.36A General
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D Non-highway Facilities
Existing third party (non City-owned) utilities are shown on project plans for information purposes only. It
is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of
excavation or sawcutting. The City of San Luis Obispo is not responsible for any:
1. damages
2. costs
3. delay
4. expenses
resulting from a third party underground facility operator’s failure to comply with stipulations as set forth in
4216.7.(c) of California Government Code.
Add to Section 5-1.43A Potential Claims and Dispute Resolution General
Potential claim forms are located on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
6 CONTROL OF MATERIALS
Add to Section 6-2.03 Department Furnished Materials
The Engineer will furnish Sales Tax signs mounted to moveable barricades. Maintain Sales Tax signage
in work area. Return Sales Tax signs at the end of the project or upon the Engineer’s request.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.02K(1) General
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Add to Section 7-1.03B Traffic Control Plan
Work hours are restricted to 7:00 a.m. to 4:00 p.m. on Mill Street.
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:
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SPECIAL PROVISIONS
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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. If
Commercial General Liability or other form with a general aggregate limit is used, either the
general aggregate limit must apply separately to this project/location or 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:
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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.
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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.
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 plan
8. water pollution control plan
9. door hanger for notification of adjacent properties
10. chiller equipment
Add to 8-1.04B
Contract time will start on the first Monday after the preconstruction meeting.
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
dispute 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
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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 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 any 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 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 X MATERIALS
DIVISION XI BUILDING CONSTRUCTION
See Mechanical Plans for technical specifications.
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APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the
Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by
the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work
performed and completed under the direction and supervision and subject to the approval of the Owner or its
authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful
performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,
the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in
the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the
Contractor may be required to do, or respecting the size of any payment to the Contractor, during the
performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and
conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto
attached:
1. Notice to Bidders and information for bidders.
2. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda.
3. Plans.
4. Caltrans Standard Specifications and Standard Plans 2010
5. Accepted Bid.
6. List of Subcontractors.
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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
__________________________________
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
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