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12/4/2018 Item 8, Grigsby
„ry Memorandum ^IR r1 all �C 1December TO: City Council FROM: Daryl Grigsby, Department Head Bryan Wheeler, Transportation Planner / Engineer VIA: Derek Johnson, City Manager P11 SUBJECT: 12-4-18 Council Agenda Item #8 Buchon Traffic Calming Attached are the Plans and Specification for this project referred to in Attachment A of the staff report. general notes, 0 1 . IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR PERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OF NORTHERN CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48) HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OF POWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUND FACILITIES. CONTRACTOR OR PERMITEE SHALL ALSO CONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OF CABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUND FACILITIES. 2. THE CONTRACTOR SHALL POSSESS A CLASS LICENSE AT THE TIME OF BID OPENING.. datum. 0 PROJECT SITE �l GHD 669 PACIFIC STREET, SUITE A SAN LUIS OBISPO, CA 93401 index to plans sheet no. description I TITLE SHEET 2 TYPICAL SECTION, GENERAL NOTES, & DETAILS 3 DEMOLITION PLAN 4 PLAN & PROFILE ALL BOUNDARY LINES SHOWN HEREON ARE BASED ON RECORD c,, W o P � \/�/\�� � �, %v9�� �� ,��G �� tiw� � foo S ROUNDABOUT LAYOUT DATA PER 93 -LS -52 ONLY, AND IS NOT THE RESULT OF A J P� �� 0 9 9� c� �ti ��ANO FIELD -MEASURED BOUNDARY SURVEY. A FIELD -MEASURED �P �9 9�° P°r F�v� ���5°� P BOUNDARY SURVEY MAY DISCLOSE LOT LINE LOCATIONS DIFFERING FROM WHAT ARE SHOWN ON THIS MAP. HORIZONTAL CONTROL FOR POINTS & AS PUBLISHED IN THE CITY OF SAN LUIS OBISPO 2007 HORIZONTAL CONTROL NETWORK. CITY NETWORK IS BASED ON THE NORTH AMERICAN DATUM OF 1983 (NAD83) EPOCH DATE 1991.35, ZONE 5 CALIFORNIA. VERTICAL CONTROL BENCHMARK NO. 57 WITH AN ELEVATION OF 239.06' AS PUBLISHED IN THE CITY OF SAN LUIS OBISPO 2007 BENCHMARK SYSTEM. CITY'S BENCHMARK SYSTEM IS BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). legend. 0 • UTILITY POLE ASPHALT REMOVAL I L��E0 ❑ = Y = o OUNDF SOUTH w Lj CORRIDA Q Q c F1 � F ; Fk�EOODBRIDGE PROJECT LOCATION MAP SIGN PCC REMOVAL SCALE: 1" = 1000' WATER MAIN PROPOSED AC PAVEMENT WV NWATER VALVE PROPOSED PCC W FIRE HYDRANT PROPOSED PAVERS 000000 PROPOSED DETECTABLE WARNING SURFACE 000000 EXIST. DETECTABLE WARNING SURFACE Mi��` EXIST. BRICH 004 Reference Documents: City Standard Specifications - May 2018 Edition City Engineering Standards - May 2018 Edition san luis Obispo county, California SANTA CRU SAN RESNO INYO ,�O `iVB U C HON STREET AC ASPHALT CONCRETE GL GUTTER LIP BENITO , v BDF BOARD FENCE MNCP MAG NAIL CONTROL POINT MONTEREY TULARE TRAFFIC CALMING BOC BACK OF CURB ROW RIGHT OF WAY NGS BW BACK OF WALK TC TOP OF CURB SAN LUIS KERN CHS CHISELED & CONTROL POINT TCAP TOP OF CURB ANGLE POINT OBISPO FL FLOWLINE TCR TOP OF CURB AT BEGINNING/END OF RETURN SAN BERNARDINO SANTA A FS FINISH SURFACE PP POWER POLE BARBARA LOS ANGELES J GB GRADE BREAK WM WATER METER VENTURA C� �CJ� / ROAD BUMP #2 GB BUMP DENOTES GRADE BREAK/ WV WATER VALVE oo RIVERSIDE LIMITS OF SPEED TABLE/BUMP ORANGE i • • l Know what's below. Call before you dig. Contractor shall call Underground Service Alert at 811 two working days prior to excavation VICINITY MAP SCALE: N.T.S. PROJECT INDEX MAP SCALE: 1" = 200' ,Z� APPROVED BY Q�OFESs/ON ANEW A '� 9lF 0 M W m *No. C 63611 s�q�FOF CAS\F����P Matthew A. Horn, City Engineer R. C.E. C63611 Approved Date SPECIFICATION NO. DATE SHEET DEC 2018 1 of5 FILE NO./LOCATION IA IB IC u IE IF IG 1 2 MARKER SPACING DIAMETER OF CIRCLE DEGREE OF SPACING <_ 12'- 0" EVERY 45° <_ 20'- 0" EVERY 30° > 20'- 0" EVERY 22 z° TYPE D I' (SPACED PER I' SPACINC PAVERS 3 "R -TC" SIGN (SEE DETAIL 4 THIS SHEET) 1 � TRAFFIC CIRCLE TYPE 1 PAVERS �� iiiiii iiiiiiiaiiii =�w�M►F , CLASS 2,2R, OR 3 AGGREGATE BASE, 6" MIN. DEPTH REFERENCE CONSTRUCTION NOTES 1, 2, 3, 4, 5, AND 6 ON THIS SHEET TRAFFIC CIRCLE SECTION VARIES AC 2' SLOT PATCH U R=1' 4:1 a `n d co d•• .d - . _. O7 FULL DEPTH A.0 NOTE: REFERENCE CONSTRUCTION NOTE 7 ON THIS SHEET MOUNTABLE CONCRETE CURB DETAIL 2 3 4 CONCRETE MOUNTABLE CURB (SEE DETAIL 3 THIS SHEET) 2' WIDE CONCRETE MOUNTABLE CURB 2" SAND / R=1' 'L J EXIST. PAVEMENT 4 "RJC SIGN" 4 " 5 1 6 7 5 CONSTRUCTION NOTES 1. DRAINAGE: TROWEL A 3/4" WIDE X 1" DEEP WEEP SLOT AT 10' O.C. SLOPING TOWARD THE DRAIN OUTLET. INSTALL A 3/4" DIAMETER PVC DRAIN PIPE THROUGH THE CURB FACE, ALIGNED TO BOTTOM OF TROWELED WEEP SLOTS. COVER PAVER SIDE WITH PLASTIC WINDOW SCREEN MESH AND ATTACH WITH ZIP TIE. COVER MESH WITH TAPE DURING INSTALLATION AND REMOVE TAPE AFTER FORMS ARE REMOVED. PIPES SHALL BE CUT FLUSH WITH CONCRETE. 2. BEDDING SAND: 1" MIN. (2" AT WEEP SLOTS) CONCRETE BEDDING SAND IN COMPLIANCE WITH ASTM C33 SPECIFICATIONS. 3. PAVERS: AIR VOL BLOCK HOLLAND PAVERS, "RAILROAD BLEND" TUMBLED CONCRETE PAVERS OR APPROVED EQUAL. PAVERS SHALL BE TYPE 1 AND MEET ASTM C936 SPECIFICATIONS. RED BRICK IS NOT AN APPROVED EQUAL. 4. BASE: THICKNESS MAY BE REDUCED TO 4" WITH ON-SITE APPROVAL OF A GEOTECHNICAL ENGINEER OR IF ROCKY NON -EXPENSIVE MATERIAL IS PRESENT. 5. PAVEMENT REMOVAL AND REPAIR: SAWCUT, REMOVE AND REPLACE AC PAVING 18" MINIMUM FROM GUTTER, 6" THICK (LOCAL) OR 10" MINIMUM THICK (COLLECTOR AND ARTERIAL), IF PAVEMENT IS PCC, SAWCUT EXISTING PCC PAVING AT GUTTER LIP DO NOT DOWEL. IF EXISTING PCC PAVEMENT HAS AN AC CAP, SAWCUT AND REMOVE AC CAP 18" MINIMUM FROM GUTTER LIP TO BE AT FINISHED A.C. ELEVATION. 6. INSTALLATION: PAVERS SHALL BE INSTALLED WITH THE NON -BEVELED SIDE FACING UP. 7. CONSTRUCT FULL DEPTH AC PAVEMENT TO MATCH EXISTING AC PAVEMENT THICKNESS (8" MINIMUM THICKNESS REQUIRED) ROAD BUMP LOCATION #3 (1145 BUCHON STREET) 6 ROAD BUMP LOCATI^" 25FROM BCR 8 Lu Z Q �J Z Z Lu 9 BUCHON STREET ROAD BUMP LOCATION #2 (1176 BUCHON STREET) 10 m m vo C C 0 APPROX.250'APART -n NOTE: 1. CONSTRUCT ALL ROAD BUMPS PER CITY OF SAN LUIS OBISPO STANDARD PLANS 7320 AND 7321. 2. CONTRACTOR SHALL INCLUDE ALL SIGNING, STRIPING AND CONSTRUCTION COST FOR ROAD BUMP WORK SHOWN IN THE STANDARD PLANS UNDER THE "ROAD BUMP" BID ITEM NUMBER. 3. FINAL LOCATION OF ROAD BUMPS TO BE LOCATED IN FIELD BY CITY ENGINEER. 7 ROAD BUMP LOCATIONS DETAIL 8 9 A B cn H z W r W O a V z J a 0 LL LL a D W W v♦ z O V ui J H E U w O d F i/) J a 0 oa W W 0 z a w z Lu CD z O H V W U) a V Lu J H Lu Lu S cn QRpFESS/ON � F ti MYUNG CHOO c� Z wL651 m ac30/20 * VIL ��OF CALF DESIGNED BY: MC DRAWN BY: MFC A, CHECKED BY: ,y PS APPROVED BY: JDW SCALE: DATE: 11/14/18 G CITY SPECIFICATION NO. PLAN FILE NO. / LOCATION SHEET NO. G-1 01 2 of 5 10 0 z co o= IA= lmm o= ©= um Elm 1 2 3 4 5 6 7 8 9 10 DEMOLITION KEYNOTES ❑1 PROTECT IN PLACE ❑� ADJUST TO GRADE [3 REMOVE AND DISPOSE FULL DEPTH AC PAVEMENT E4 REMOVE PCC CROSS GUTTER ❑5 REMOVE PCC CURB AND GUTTER ❑6 REMOVE AC SPEED TABLE E7 REMOVE STOP SIGN [8 REMOVE EXIST. CURB RAMP 19 REMOVE PCC SIDEWALK AND PARKWAY AREA LEGEND ® ASPHALT REMOVAL PCC REMOVAL 000000 EXIST. DETECTABLE WARNING SURFACE 1 2 3 4 5 6 7 8 9 A B 1 1 1 MC DEMOLITION KEYNOTES ❑1 PROTECT IN PLACE ❑� ADJUST TO GRADE [3 REMOVE AND DISPOSE FULL DEPTH AC PAVEMENT E4 REMOVE PCC CROSS GUTTER ❑5 REMOVE PCC CURB AND GUTTER ❑6 REMOVE AC SPEED TABLE E7 REMOVE STOP SIGN [8 REMOVE EXIST. CURB RAMP 19 REMOVE PCC SIDEWALK AND PARKWAY AREA LEGEND ® ASPHALT REMOVAL PCC REMOVAL 000000 EXIST. DETECTABLE WARNING SURFACE 1 2 3 4 5 6 7 8 9 A B Z v/ MC I - DRAWN BY: MFC z CHECKED BY: Lu APPROVED BY: JDW SCALE: Lu DATE: 11/14/18 G CITY SPECIFICATION NO. O PLAN FILE NO. / LOCATION C-101 w SHEET NO. 3 Of 5 10 -,\ a. C V z 2 J Q V V LL LL a oc D Lu Lu Z Q H U o z �_ O J = O V w w J � o E F--_ F M W W J U LLJ 0 O F- F- W w z QRpFESS/pN � F MYUNG CHOO w w No. 79651 Z m * EXP. 9/30/20 s� ATF CIVIL CALIF Z DESIGNED BY: MC DRAWN BY: MFC CHECKED BY: PS APPROVED BY: JDW SCALE: DATE: 11/14/18 G CITY SPECIFICATION NO. PLAN FILE NO. / LOCATION C-101 SHEET NO. 3 Of 5 10 -,\ Z IAI IBI ICI u� IEI IFI I G I 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 235 234 233 10+55.83 TORO ST 19.99' LT = 10+00.00 NORTHWEST CORNER MATCH EXISTING (233.25) TC (232.75) FL MATCH EXISTING - (233.36) BOW MATCH EXISTING (233.05) BOW 9+48.80 BUCHON ST 16.56' LT = - 10+77.69 NORTHWEST CORNER MATCH EXISTING (232.59) TC (232.09) FL EXISTING m CD,m O GRADE U Of w u- Of W U 07 U W ti m C7 O O CD + U L0 N Oo 10.00 m 00 N "o N cq U 00 O ri + L U U W CD O ao 0c;cDO Lf J00 N + ti p N M O� N M N co II N+ X CO zF-r O� N + p II O + 0 0 o N 235 M r- O II II N O Q II r -_O M t ao II M O H J II N Q II CO O N II N Q II COco w O+ N II N N II II J cn w w c~n w N u N Q II cw ~ i) OO N II N J 234 II c/)w N co fn W cn WI- W J w Q J cn W 14.00 W O 0.33% 0.42% -0.44% II -0.39% 7.80' 233 10.00 41'33'34" 3.79' a H 234 J HJ c/)w J Q 232 P OPOSED FLOW LINE 233 V I 1.66% --0.72% )+00 10+50 11+00 PROPOSED FLOWLINE AT NORTHWEST CORNER HORIZ: 1" = 20' VERT: 1" = 2' 233.31 BOW 233.28 BOW U lg� 10+00 10+50 11+00 PROPOSED FLOWLINE AT SOUTHWEST CORNER HORIZ: 1" = 20' VERT: 1" = 2' -o F 6 \ i N 0 10' 20' PROPOSED TC CURVE DATA CURVE NO. RADIUS U N v U m 00 o� m C7 O O CD + U L0 N Oo 10.00 m 00 N "o N cq U 00 O ri + L w 10.00 53°11'43" U mo C:) p 235 C3 t t ao O M O rn N O co O N COco 35 235-- 10.00 N II II J 3.21' O m + O O Oo M II p II II N Q O N Q I Q II N Q II II N p II J Q II 00 fn W J OO N II co N co fn W N W J w C8 14.00 W O N M `� C9 234 J c/) W II 4.11' 7.80' C10 10.00 41'33'34" 3.79' a H 234 J HJ c/)w J Q ( n W 233 V 1.66% --0.72% LL 233 Q D Lu LL! w 232 I 1> �' LL 1 232 O 06 EXIS1 ING GRADE V J 10+00 10+50 11+00 PROPOSED FLOWLINE AT SOUTHWEST CORNER HORIZ: 1" = 20' VERT: 1" = 2' -o F 6 \ i N 0 10' 20' PROPOSED TC CURVE DATA CURVE NO. RADIUS 0 TANGENT LENGTH Cl 10.00 50°49'18" 4.75' 8.87' C2 10.00 53°11'43" 5.01' 9.28' C3 4.00 90°40'29" 4.05' 6.33' C4 10.00 38°42'53" 3.51' 6.76' C5 10.00 35°34'25" 3.21' 6.21' C6 10.00 39°12'13" 3.56' 6.84' C7 10.00 42°15'04" 3.86' 7.37' C8 14.00 76°48'57" 11.10' 18.77' C9 10.00 44°41'46" 4.11' 7.80' C10 10.00 41'33'34" 3.79' 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 PROPOSED TC LINE DATA NO. BEARING DISTANCE L1 S40°45'13"E 20.24' L2 S49'55'1 6"W 20.00' L3 N56°10'29"E 16.26' L4 S47°00'34"E 16.03' A i GHD w = I:L J W � W J E U � Lu O w a co QRpFESS/pN � F co MYUNG CHOO 2� Z w 79651 m oc No. * EXP. 9/30/20 s� CIVIL 9�F OF CAI -%F F DESIGNED BY: MC DRAWN BY: MFC CHECKED BY: PS APPROVED BY: JDW SCALE: DATE: 11/14/18 G CITY SPECIFICATION NO. PLAN FILE NO. / LOCATION SHEET NO. 10 C-1 02 4 of 5 Z H z W LL! O w a C C� z J Q V V LL LL Q D Lu LL! w �' LL z O 06 Q V J w = I:L J W � W J E U � Lu O w a co QRpFESS/pN � F co MYUNG CHOO 2� Z w 79651 m oc No. * EXP. 9/30/20 s� CIVIL 9�F OF CAI -%F F DESIGNED BY: MC DRAWN BY: MFC CHECKED BY: PS APPROVED BY: JDW SCALE: DATE: 11/14/18 G CITY SPECIFICATION NO. PLAN FILE NO. / LOCATION SHEET NO. 10 C-1 02 4 of 5 Z IA IB IC ID IE IF IG 1 2 3 4 5 6 7 1 1 1 8 9 SHEET NOTES: FOR HORIZONTAL CONTROL OF ALL PROPOSED CURB AND ROUNDABOUT IMPROVEMENTS, REFER TO SHEET C-102 CONSTRUCTION KEYNOTES 10 A 0 CONSTRUCT PCC CROSS GUTTER PER CITY OF SAN LUIS OBISPO STD PLAN 4310 OCONSTRUCT PAVERS PER DETAIL 2 ON SHEET G-101 B O3 CONSTRUCT DETACHED SIDEWALK PER CITY OF SAN LUIS OBISPO STD PLAN 4110 4O CONSTRUCT CURB AND GUTTER PER CITY OF SAN LUIS OBISPO STD PLAN 4030 OCONSTRUCT 2' WIDE MOUNTABLE CURB PER DETAIL 1 & 3 ON SHEET G-101 OCONSTRUCT NEW PCC PAVEMENT PER CITY OF SAN LUIS OBISPO STD PLAN 6020 OCONSTRUCT CURB RAMP PER CASE F ON CALTRANS STD PLAN RSP A88A Og ADJUST MANHOLE TO FINISHED GRADE PER CITY OF SAN LUIS OBISPO STD PLAN 6040 Og ADJUST WATER VALVE TO FINISHED GRADE PER CITY OF SAN LUIS OBISPO STD PLAN 6040 10 CONSTRUCT 5' LONG SIDEWALK TRANSITION PANEL TO MATCH EXISTING SIDEWALK CROSS -SLOPE AT END OF IMPROVEMENTS 11 PROTECT MONUMENT IN PLACE. ADJUST TO FINISHED GRADE C 12 CONSTRUCT FULL DEPTH PAVEMENT SECTION (MATCH EXISTING AB AND AC LAYER THICKNESS) SIGNING AND STRIPING KEYNOTES ❑1 REMOVE EXIST. SIGN [2 INSTALL 6" YELLOW STRIPE F3 INSTALL 12" WHITE BOUNDARY MARKINGS FOR HIGH VISIBILITY SIDEWALK E4 INSTALL 24" WHITE BOUNDARY MARKINGS FOR HIGH VISIBILITY SIDEWALK [5 INSTALL R1-2 YIELD SIGN W/ R6 -5P SIGN ATTACHED ON SAME SIGN POST [6 INSTALL "R -TC" SIGN PER DETAIL 4 ON SHEET G-101 ❑7 INSTALL W2-6 SIGN AND POST IN ADVANCE FOR BUCHON STREET APPROACHES LEGEND PROPOSED AC PAVEMENT PROPOSED PCC PROPOSED PAVERS 000000 PROPOSED DETECTABLE WARNING SURFACE o°o°o° EXIST. DETECTABLE WARNING SURFACE o°o°o° FBI F C/) F_ z W 2 \W O w IL m V z J Q V V LL LL Q F_ F_ W W w H U) z O Z V D ca w J w Lu _ �O QRpFESS/p�q� y MYUNG CHOO Z� Z W 79651 m oc No. * EXP. 9/30/20 s�q�F CIVIL,��' OF CAL \F DESIGNED BY: MC DRAWN BY: MFC CHECKED BY: PS APPROVED BY: JDW SCALE DATE: 11/14/18 G I CITY SPECIFICATION NO. PLAN FILE NO. / LOCATION SHEET NO. C-1 03 5 Of 5 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 10 — SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Buchon Street Traffic Calming Specification No. 91612 December 2018 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Buchon Street Traffic Calming Specification No. 91612 Approval Date: December 4, 2018 V, pkof SS/O MYUNG CHOO z W 79651 m m No. * Exp 9/30/20 srq CIVIL,��' O CALIF TABLE OF CONTENTS NOTICE TO BIDDERS...................................................................................................IV BIDSUBMISSION....................................................................................................................................IV BIDDOCUMENTS....................................................................................................................................V PROJECT INFORMATION.......................................................................................................................VI QUALIFICATIONS....................................................................................................................................VI AWARD...................................................................................................................................................VII ACCOMMODATION...............................................................................................................................VIII BIDFORMS....................................................................................................................A BID ITEM LIST FOR BUCHON STREET TRAFFIC CALMING, SPECIFICATION NO. 91612 ................A LISTOF SUBCONTRACTORS................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT.............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS................................................................................... D NON -COLLUSION DECLARATION..........................................................................................................F BIDDER ACKNOWLEDGEMENTS.......................................................................................................... G QUALIFICATIONS.................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID................................................................................... I SPECIALPROVISIONS.................................................................................................. 1 DIVISION I GENERAL PROVISIONS.......................................................................................................1 1 GENERAL...........................................................................................................................................1 2 BIDDING.............................................................................................................................................1 3 CONTRACT AWARD AND EXECUTION...........................................................................................1 4 SCOPE OF WORK.............................................................................................................................2 5 CONTROL OF WORK........................................................................................................................2 6 CONTROL OF MATERIALS...............................................................................................................2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.......................................................2 8 PROSECUTION AND PROGRESS...................................................................................................2 DIVISION II GENERAL CONSTRUCTION...............................................................................................3 14 ENVIRONMENTAL STEWARDSHIP...............................................................................................3 DIVISION IX TRAFFIC CONTROL DEVICES...........................................................................................4 84 MARKINGS.......................................................................................................................................4 DIVISION XI MATERIALS.........................................................................................................................4 90 CONCRETE......................................................................................................................................4 APPENDIX A - FORM OF AGREEMENT....................................................................... 0 NOTICE TO BIDDERS BID SUBMISSION Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, California 93401, until 2:00 p.m. on January 29, 2019 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: Buchon Street Traffic Calming 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- l. 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 based on 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. NOTICE TO BIDDERS 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.orq/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 919 Palm Street San Luis Obispo, CA 93401 The office of the City Engineer is located at: Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City's website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents A printed copy may be obtained by paying a non-refundable fee of: 1. $16.00 if picked up in person, or 2. $21.00 if by mailing to the office of the City Engineer You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City's website listed above or at the office of the City Engineer. Contact the project manager, Bryan Wheeler at (805) 781-7178, bwheeler@slocity.org, 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.slocitV.orq/government/department-directory/public-works/public-works-bids- proposals. NOTICE TO BIDDERS V NOTICE TO BIDDERS PROJECT INFORMATION In general, the project includes removing small sections of roadway and sidewalk to construct a new neighborhood traffic circle at the intersection of Toro St and Buchon St. The project includes construction of new pavers, curb ramps, full -depth roadway section, sidewalk and three road bumps. The project estimated construction cost is $100,000 Contract time is established as 20 working days. The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. QUALIFICATIONS You must possess a valid Class A Contractor's License at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must 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. Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive. The City reserves the right to reject any bid based on non -responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. NOTICE TO BIDDERS V1 NOTICE TO BIDDERS 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. If the 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. NOTICE TO BIDDERS V11 NOTICE TO BIDDERS As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263. ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact Kathryn Stanley at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation. NOTICE TO BIDDERS viii BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is 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 BUCHON STREET TRAFFIC CALMING, SPECIFICATION NO. 91612 Item No. SS(1) Item Description Unit of Measure Estimated Quantity Item Price in figures) Total in fi ures 1 9-1 Mobilization LS 1 2 12 Traffic Control LS 1 3 15-3 Remove Concrete (Curb & Gutter LF 140 4 15-3 Remove Concrete Sidewalk SQFT 610 5 15-3 Remove Concrete Curb Ramp EA 2 6 15-3 Remove Concrete Cross -Gutter SQFT 400 7 19-2 Roadway Excavation CY 75 8 15-2 Adjust Water Valve Cover EA 2 9 15-2 Adjust Manhole Cover EA 1 10 73 Concrete Curb and Gutter LF 160 11 73 Concrete Curb Ramp EA 4 12 73 Concrete 2' Wide Mountable Curb LF 60 13 73 Concrete Pavers SQFT 900 14 73 Concrete Sidewalk SQFT 610 15 73 Concrete Cross -Gutter SQFT 180 BID FORMS A BID FORMS Item No. SS(l) Item Description Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 16 26 Class 2 Aggregate Base CY 35 17 39 Hot Mix Asphalt (Type A) TON 50 18 39 Road Bump EA 3 19 56 Roadside Sign — One Post EA 14 20 84 Painted Crosswalk Striping and Roadway Striping LS 1 Bid Total (or Base Bid) $ (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. BID FORMS BID FORMS 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. DIR Public % of Works Address and Phone Specific Total Name Under Which Registration Number of Office, Mill or Description of Base Subcontractor is Licensed License Number Number Shop Subcontract Bid Attach additional sheets as needed. BID FORMS C BID FORMS 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 BID FORMS D BID FORMS 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 E I lam BID FORMS NON -COLLUSION DECLARATION of , declare that 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. (SEAL) (Signature and Title of Declarant) Subscribed and sworn to before me this day of , 20 Notary Public Company Name: BID FORMS F BID FORMS BIDDER ACKNOWLEDGEMENTS By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) (Note: You are responsible to verify the number of addenda prior to the bid opening.) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo. Licensed in accordance with an act providing for the registration of contractors, License No. Expiration Date The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected" by the City. Signature of Bidder (Print Name and Title of Bidder) DIR— Public Works Registration No: Business Name (DBA): Owner/Legal Name: Indicate One: ❑Sole -proprietor ❑ Partnership ❑Corporation List Partners/Corporate Officers: Name Title Name Title Name Title Business Address Street Address Mailing Address City, State, Zip Code Phone Number Fax Number Email Address Date BID FORMS G BID FORMS 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? Describe the services provided and how this project is similar to Yes ❑ No ❑ that which is being bid: Was this contract for a public agency? Yes ❑ No ❑ Date project completed: Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid? Describe the services provided and how this project is similar to Yes ❑ No ❑ that which is being bid: Was this contract for a public agency? Yes ❑ No ❑ Date project completed: Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid? Describe the services provided and how this project is similar to Yes ❑ No ❑ that which is being bid: Was this contract for a public agency? Yes ❑ No ❑ Date project completed: BID FORMS H BID FORMS 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 Title: Surety: Date Bidder's signature is not required to be notarized. Surety's signature must be notarized. Equivalent form may be substituted (Rev. 6-30-14) BID FORMS I SPECIAL PROVISIONS 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 1GENERAL 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. Buchon Street Traffic Calming Special Provisions 2. City of San Luis Obispo Standard Specifications and Engineering Standards — 2018 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans — 2015 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 BID DOCUMENT COMPLETION AND SUBMITTAL, General 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 CONTRACT EXECUTION with: (for accelerated work) Upon notification of project award, return: 1. executed contract SPECIAL PROVISIONS 1 SPECIAL PROVISIONS 2. insurance 3. contract bonds within five business days after the bidder receives the contract. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Section(s) 9, 12, 15, 19, 26, 39, 56, 73 and 84 for general, material, construction, and payment specifics. Add Section 4-1.03A WORK DESCRIPTION, 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 6 CONTROL OF MATERIALS Add to Section 6-2.03 DEPARTMENT ACCEPTANCE: 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 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Work hours are restricted to 9:00 a.m. to 2:30 p.m. on Buchon Street. All traffic control shall be approved by the City Engineer in advance of work. 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 to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1St paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. SPECIAL PROVISIONS 2 SPECIAL PROVISIONS Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start: Contract time will start on the first Monday after preconstruction meeting. DIVISION II GENERAL CONSTRUCTION liCl4ki LVA I:Z97kiILyi14kikIF_1>II&IIWi%1N11.4:II Add to Section 14-9.02 AIR POLLUTION CONTROL, General: The City has obtained an annual permit for construction from the Air Pollution Control District (APCD). The annual APCD permit and construction log files are located on the City's website: http://www.slocity.org/government/department-directory/public-works/documents- online/construction-documents You are required to comply with the APCD permit including all notification and construction logs using the appropriate equipment. Provide training to all workers in the construction area. You must comply with section 77-1 of the standard specifications. Add Section 14-9.02A AIR POLLUTION CONTROL, Construction: Where contamination is encountered, you are responsible to: 1. monitor 2. record 3. report H2S and Hydrocarbon FID readings taken every hour during work in the contamination zone or as directed by the Engineer. Appropriate Personal Protective Equipment (PPE) must be used. Add Section 14-9.02C AIR POLLUTION CONTROL, Payment: Full compensation for APCD compliance and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid list item. Add Section 14-11.01A(1) GENERAL, Health And Safety Plan - Contamination Site Information: [Attempt to determine if the work area is likely to encounter contaminated soil. If so, use the following language identifying the contaminate and confirming with the owner where the material is to be disposed of.] There is a potential of soil contamination in the work area. Known areas of soil and groundwater contamination as identified by the County Department of Health are: Site Location Prior or Current Use SPECIAL PROVISIONS 3 SPECIAL PROVISIONS Listed below are the highest known contamination and type of contamination. Site Location Contaminate Add Section 14-11.01A(2) GENERAL, Health And Safety Plan - Disposal Location: The owners of the contaminated soil have been put on notice and have requested the material for their site be delivered to the following locations. Once delivered, the material is site owner's property. Site Disposal Site The City reserves the right to use other forces for exploratory work to identify and determine the extent of contaminated material and for removing contaminated material. DIVISION IX TRAFFIC CONTROL DEVICES 84 MARKINGS Add to Section 84-2.03C Application of Stripes and Markings: Preformed thermoplastic is only allowed with the approval of the Engineer. DIVISION XI MATERIALS 90 CONCRETE Add to Section 90-1.01C(6) Mix Design: Concrete must contain a maximum of 15% pozolone or fly ash. Course aggregate for concrete must comply with the gradation specifications for the 1 inch x No. 4 primary aggregate nominal size. SPECIAL PROVISIONS 4 APPENDIX 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. �L3. BID TOTAL: $F_ .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. APPENDIX 0 APPENDIX 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 and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 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. Non -collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor's legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of AGENCY, provided such active negligence is APPENDIX 1 APPENDIX determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. 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 Name of CAO/President City Attorney Its: CAO/PRESIDENT APPENDIX 2