HomeMy WebLinkAboutAdvertise Sewer Lining Project 2019 Specification 91641 - Special Provisions
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Sewer Lining Project 2019
Specification No. 91641
January 2019
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Sewer Lining Project 2019
Specification No. 91641
Approval Date: April 16, 2019
April xx, 2019
April xx, 2019
TABLE OF CONTENTS
NOTICE TO BIDDERS .................................................................................................... 1
BID SUBMISSION ..................................................................................................................................... 1
BID DOCUMENTS .................................................................................................................................... 2
PROJECT INFORMATION........................................................................................................................ 2
QUALIFICATIONS ..................................................................................................................................... 3
AWARD ..................................................................................................................................................... 4
ACCOMMODATION .................................................................................................................................. 5
BID FORMS .................................................................................................................... 6
BID ITEM LIST FOR SEWER LINING PROJECT 2019, SPECIFICATION NO. 91641 ........................... 6
LIST OF SUBCONTRACTORS ................................................................................................................. 7
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............................................................... 8
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE .......................................................... 8
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .................................................................. 8
LABOR CODE SECTION 1725.5 STATEMENTS .................................................................................... 8
NON-COLLUSION DECLARATION ........................................................................................................ 10
BIDDER ACKNOWLEDGEMENTS ......................................................................................................... 11
QUALIFICATIONS ................................................................................................................................... 12
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................ 13
SPECIAL PROVISIONS ................................................................................................ 14
DIVISION I GENERAL PROVISIONS ..................................................................................................... 14
1 GENERAL ......................................................................................................................................... 14
4 SCOPE OF WORK ........................................................................................................................... 14
5 CONTROL OF WORK ...................................................................................................................... 14
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ..................................................... 15
8 PROSECUTION AND PROGRESS ................................................................................................. 16
DIVISION II GENERAL CONSTRUCTION ............................................................................................. 16
14 ENVIRONMENTAL STEWARDSHIP ............................................................................................. 16
DIVISION VIII MISCELLANEOUS CONSTRUCTION ............................................................................ 18
77 LOCAL INFRASTRUCTURE .......................................................................................................... 18
DIVISION XIII APPENDICES .................................................................................................................. 25
APPENDIX A - FORM OF AGREEMENT .................................................................................................. I
APPENDIX B – POLYMER COVER AND FRAME .................................................................................. IV
NOTICE TO BIDDERS
1
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 May xx, 2019
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
Sewer Lining Project 2019, Specification No. 91641
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 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.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
2
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
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, Hai Nguyen at 805-781-7108 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 installing cured in place pipe (CIPP) sewer liner into
existing 6-inch sewer lines, and reconnecting existing sewer laterals.
The project estimated construction cost is $180,000
NOTICE TO BIDDERS
NOTICE TO BIDDERS
3
Contract time is established as 25 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 non-mandatory pre-bid walkthrough on Thursday, May XX. Bidders should
meet at 10:00 a.m. at the intersection of Albert Drive and McCollum Street in San Luis
Obispo.
QUALIFICATIONS
You must possess a valid Class A or C-34 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.
Three of the referenced projects must be for rehabilitation of sewer systems using
cured in place pipe (CIPP) installation method.
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
NOTICE TO BIDDERS
4
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
NOTICE TO BIDDERS
5
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 Hai
Nguyen at (805) 781-7108 or by Telecommunications Device for the Deaf at (805) 781-
7107. Requests should be made as early as possible in the bidding process to allow time
for accommodation.
BID FORMS
6
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 SEWER LINING PROJECT 2019, SPECIFICATION NO. 91641
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1S 77
Furnish (N) CIPP (Cure-In-Place
Pipe) Liner and Install for (E) 6"
Sewer Pipe
LF 1120
2 77 Clean (E) Sewer Line LS 1 --------------
3 77 Furnish and Install 6" HDPE
SDR 17 Sewer LF 10
4 14 Furnish and Implement Health
and Safety Plans (HSP)LS 1 --------------
5 14 Comply with APCD and Air
Monitoring LS 1 --------------
6 7 Comply with OSHA LS 1 --------------
7 12 Traffic Control LS 1 --------------
8 77 Install Polymer cover and frame EA 3
9 77 Rehabilitate (E) Sewer Manhole EA 4
Bid Total (or Base Bid) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
“S” indicates specialty items of work per section 5-1.13A of the Standard Specifications.
BID FORMS
BID FORMS
7
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more than
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
BID FORMS
8
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
BID FORMS
9
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
BID FORMS
10
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
BID FORMS
11
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
BID FORMS
12
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 CIPP?
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 CIPP?
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 CIPP?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
BID FORMS
BID FORMS
13
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
SPECIAL PROVISIONS
14
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
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. Sewer Lining Project 2016 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
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 7, 12, 14 and 77 for general, material,
construction, testing, and payment specifics.
5 CONTROL OF WORK
Add to Section 5-1.36A General
The Contractor must protect public and private property within and adjacent to the work
and exercise due caution to avoid damage to such property. The Contractor is responsible
for repairing and / or replacing existing improvements on private property and within right-
of-way and City easement areas which are not designated for removal, or which are
SPECIAL PROVISIONS
SPECIAL PROVISIONS
15
damaged or removed as a result of construction operations. Repairs and replacements
must be restored to pre-construction condition. The Contractor must replace and re-install
any existing walls, fences, sewer laterals that are temporarily removed as part of the
construction.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and
for doing all work related to protect and restore private property is included in the payment
for other bid items unless a bid item of work is shown on the bid item list.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03 Public Convenience
All work within private property will be cleaned up and secured at the end of each
construction day.
Add to Section 7-1.03B Traffic Control Plan
You must submit a traffic control and staging plan that is reactive to traffic conditions. You
may be required to stage work in different areas on the same work shift to allow free flow
of traffic. Adhere to the time restrictions listed below “Work Hour Restrictions”.
No full width street closures will be permitted. The Contractor must have a minimum of one
lane open at all times on McCollum Street, unless otherwise approved by the Engineer.
The Contractor shall be responsible for notification of all adjacent property owners/
occupants, businesses, schools and for the posting of all streets for no parking on the days
work is to be scheduled. Contact (verification of contact) shall also be made with the
management of each business, school or adjacent property. Notifications shall only be
delivered during business hours 10 a.m. to 5 p.m.
Contractor must maintain pedestrian access on the sidewalk and crosswalks at all times.
No staging of equipment in the public right of way. Keep driveways, pedestrian entrances,
and bus loading zones clear and available to the City, City employees and emergency
vehicles at all times.
WORK HOUR RESTRICTIONS
Work within private property is restricted to the working hours of Monday through Friday
from 9:00 a.m. to 4:00 p.m.
All other work must be completed during normal working hours of Monday through Friday
7:00 a.m. to 4:00 p.m.
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:
SPECIAL PROVISIONS
SPECIAL PROVISIONS
16
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.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
Add to Section 8-1.03 Pre-Construction Conference
At a minimum, provide the following submittals at the preconstruction meeting:
1. emergency contact list
2. representative at the site of work authorized to sign extra work tickets
3. representative authorized to sign change orders
4. Caltrans equipment rental rates for equipment used to complete work
5. work schedule
6. traffic control application
7. traffic control plans
8. water pollution control plan
9. location of construction yard
10. location of disposal site
11. evidence construction yard is correctly permitted if construction yard is not your
business address
12. evidence disposal yard is correctly permitted.
13. door hanger for notification of adjacent properties
14. Material Safety Data Sheet
15. Proposed CIPP method and Health and Safety plan
16. Proof of submittal of APCD permit
17. Bypass pumping plan per section 77-3.03C
18. Structural calculations for each CIPP liner size
DIVISION II GENERAL CONSTRUCTION
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02 Air Pollution Control
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
SPECIAL PROVISIONS
SPECIAL PROVISIONS
17
You are required to comply with the APCD permit including all notification and
construction logs using the appropriate equipment. Provide training to all workers in the
construction area.
You must comply with section 77-1 of the standard specifications.
Add to Section 14-9.03 Air Monitoring
When steam cured CIPP method is utilized, or chemicals are injected into the waste water
system, or when VOCs are encountered, you are responsible to:
1. monitor
2. record
3. report
PID (photoionization detectors) readings taken every hour during work in the
contamination zone or as directed by the Engineer. Use the appropriate correction factor
and set alarm level for the PID; Cal OSHA Permissible Exposure Level is 50 ppmv (8-
hour TWA, Time Weighted Average) for workers. Cal EPA Office of Environmental Health
Hazard Assessment’s acute reference exposure level for residential and building
occupants is 4.9 ppmv, utilizing the Cal OSHA air monitoring methods specified. Work
should cease if PID or FID ( flame ionization detector) reading exceeds permissible
exposure levels. Work may commence once FID readings are within acceptable limits as
verified by the Engineer. The material SDSs (material safety data sheet) list some, but
not all, the chemicals you could be exposed to while working. Ensure safety data sheets
and the chemical information for the CIPP method utilized is readily available for the
duration of the project.
Appropriate Personal Protective Equipment (PPE) must be used. Gloves with chemical
resistance should be used and the product supplier should be consulted. Review the
CIPP material SDS for appropriate PPEs and handling.
Contractor must install a ventilator in the downstream manhole at the end of the line.
Contractor is responsible to conduct air monitoring in sewer laterals when chemical
emission plumes are detected. Contractor must prepare a Health & Safety Plan (HSP) in
accordance with the city’s standard specifications Section 14-11.01B.
Absence of an odor does not mean chemicals were not released; chemicals may be
present that are odorless. Report all interactions with residents who complain about odors
or illness to the health department immediately. If a building becomes or is suspected to
have been contaminated, contact the city’s fire department and San Luis Obispo county
health department. Inform the Engineer of any complaints from residents or the public.
Provide residents nearby health department contact information to report problems. Direct
any persons that contact you about odors or health complaints to the health department.
Add to Section 14-11.01A Health and Safety Plan
The Contractor must prepare a Health and Safety Plan (HSP) in accordance with Section
14 of the Standard Specifications. Upon approval of the HSP by the Engineer, the
SPECIAL PROVISIONS
SPECIAL PROVISIONS
18
Contractor’s is responsible with implementing the HSP, complying with APCD permit, and
performing air monitoring.
Full compensation for the preparation and implementation of the HSP, work area air
monitoring, and compliance with applicable engineering standards and environmental
regulations is included in the payment under “Furnish and Implement Health & Safety
Plan (HSP)” and “Comply with APCD and Air Monitoring” under the base bid list schedule.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Add to Section 77-3.01 General
The Contractor must furnish and install Cured-in-Place-Pipe (CIPP) in (E) 6-inch sewer.
Full compensation for furnishing all labor, materials, tools and equipment necessary to
replace the segments of damaged 6-inch vitrified clay pipe sewer line with 6-inch HDPE
SDR 17 to be paid per Bid Item, “Furnish and Install 6” HDPE SDR 17 Sewer”.
Add to Section 77-3.02A Pipe
77-3.02A(6) Cured In Place Pipe
Cured in place pipe (CIPP) material, CIPP, resin and tube must conform to ASTM F1216,
ASTM F1743, ASTM F2599 and ASTM F2550-13 for material and testing. The resin must
be corrosion resistant polyester system including all required catalysts, initiators or
hardeners.
The resin used for tube installation must be sufficient to fill the volume of air voids in the
tube with additional allowances for polymerization shrinkage and the loss of resin during
installation through cracks and irregularities in the original pipe wall.
The CIPP must be constructed to withstand installation pressures, have sufficient strength
to bridge missing pipe, and stretch to fit irregular pipe sections. It must have a uniform
thickness that when compressed at installation pressures will equal or exceed the
minimum physical properties.
MINIMUM PHYSICAL PROPERTIES
STRUCTURAL/MECHANICAL
PROPERTY
ASTM TEST
METHOD
ASTM
MINIMUM
SHORT
TERM VALUE
ASTM
MINIMUM
LONG TERM
VALUE
Flexural Strength D-790 4,500 psi
Flexural Modulus D-790 300,000 psi 125,000 psi
50 Year Flexural Creep
Modulus D-2990 150,000 psi
SPECIAL PROVISIONS
SPECIAL PROVISIONS
19
The tube must tightly fit the internal circumference and length of the host pipe. The
Contractor is responsible for verifying that the pipe dimensions on the project plans are
accurate prior to start of construction; all lining must extend from one manhole to the next
manhole in a continuous length.
The required wall thickness of the CIPP must be designed in accordance with the formula
for “Fully Deteriorated” pipe given in ASTM F1216, Appendix X1. The resin system shall
be a corrosion resistant polyester, and catalyst system which will comply with the
structural and chemical resistance requirements of this specification. The required wall
thickness must be verified after the liner is installed. Any liner installed that does not meet
this requirement, will be removed and relined by the contractor, at no additional cost to
the City.
The Cured-In-Place Pipe thickness must be calculated and designed upon the following
physical conditions of the existing pipe to be rehabilitated:
1. All pipes must be considered fully deteriorated.
2. All pipes must be subjected to a soil load of 120 lbs./cu. Ft., with applicable live
load.
3. Pipes in good condition must have a minimum of 2% ovality in the circumference.
A higher value of ovality must be used if the pipe is deteriorated.
4. Factor of safety (N) of 2.0 must be used for calculations.
The CIPP tube must meet the chemical resistance requirements of ASTM F1216,
Appendix X2, Chemical-Resistance Tests (with and without plastic coating).
Visual inspection of the CIPP must be in accordance with ASTM F1743, Section 8.
Prior to construction, the manufacturer must perform long-term testing for flexural creep
of the CIPP material installed. Testing results are to be used to determine the long-term,
time dependent flexural modulus to be utilized in the product design. This is a
performance test of the materials (Tube and Resin) and general workmanship of the
installation and curing. A percentage of the instantaneous flexural modulus value (as
measured by ASTM D790, Standard Test Methods for Flexural Properties of Unreinforced
and Reinforced Plastics and Electrical Insulating Materials) will be used in design
calculations for external buckling. The percentage, or the long-term creep retention value
utilized, will be verified by this testing. Retention values exceeding 50% of the short-term
test results must not be applied unless substantiated by qualified third-party test data to
the Engineers satisfaction.
The Contractor must submit the following prior to construction:
A. Testing data on proposed resin and fabric tube in accordance with ASTM F1216
and ASTM F1743.
B. 10,000 hour third party Long Term Flexural Modulus test data.
C. The Pipe Thickness for all CIPP that’s part of this project. Manhole to manhole
segments only.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
20
D. Flow calculations that support that the finished CIPP must have at least 95% of the
full flow capacity of the original pipe before rehabilitation. Flow capacity
calculations must be based on Manning’s Formula using the following coefficients
for Manning’s “n” existing pipe = 0.013 and new CIPP = 0.010.
E. Cure schedule from the resin manufacturer.
F. Material Data Safety Sheets (MSDS) for all materials used to line the existing
sewer system.
G. Health and Safety Plan.
H. Structural calculations for each CIPP liner size
I. Any other submittals listed elsewhere in these Special Provisions.
Add to Section 77-3.03A Pipe Installation
77-3.03A(4) Cured In Place Installation
The Contractor must clean the sewer main prior to the installation of the liner and is
responsible to make any repairs necessary for placement of the liner. Videos of the existing
pipe conditions are available at:
https://www.slocity.org/government/department-directory/public-works/sewerlining2019/
Contractor must remove segments of the existing 6-inch vitrified clay pipe sewer line as
shown on the project plans and replace with 6-inch HDPE SDR 17 pipe prior to installing
the cured in place pipe liner. Limits of pipe removal and replacement is to be verified by
the Engineer in the field.
Installation of the CIPP must conform to ASTM F1216, ASTM F1743, and ASTM F2599.
Clean (E) sewer prior to CIPP installation in compliance with 77-3.03H Cleaning. The sewer
line must be cleaned as to render the sewer line to 95% of its original capacity and allow
passage of inspections, testing and sealing equipment.
Before any work is done, the Contractor is responsible for verifying accurate locations,
size, and depths of sewer lines, laterals, and manholes. At the completion of work, the
Contractor must furnish a video recording of the entire project showing “before and after”
the lining has been completed at each location in compliance with 77-3.03G(3) Video
Inspection.
The Contractor must furnish all materials, tools and equipment necessary to provide for
installation of cured-in-place pipe (CIPP) liner for the existing 6-inch sanitary sewer as
shown on the plans. All materials and procedures used in the cured-in-place pipe
rehabilitation process must meet or exceed the manufacturer's standards.
Contractor must determine the minimum tube length necessary to effectively span the
designated run between manholes, unless otherwise specified. Contractor must field
verify the lengths in the field prior to impregnation of the tube with resin, to ensure that
the tube will have sufficient length to extend the entire length of run.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
21
The tube must either be inverted into the pipeline by using hydrostatic head (water
pressure), compressed air pressure or some other approved inversion method, or pulled
into the pipeline from manhole to manhole using mechanical equipment (winch). The liner
must extend the full length of the original sewer, and provide a structurally sound,
jointless, tight-fitting, watertight pipe within a pipe. Contractor must comply with Standard
Specifications Section 77 for excavation and restoration.
The tube must be installed through the existing manholes, in accordance with the
manufacturer's recommendations and procedures. A sealing material compatible with the
liner must be installed at the entrance to each manhole between the tube and the existing
pipe to provide a watertight seal. The resin used must be compatible with the rehabilitation
process used and designed for a wastewater environment.
During the curing process, the Contractor must keep logs, charts and/or graphs of the
liner temperatures at the upstream and downstream manholes to ensure that proper
temperatures and cure times have been achieved. These documents must be submitted
to the Engineer at any time during and after the curing process.
The Contractor must submit for approval by the Engineer the following information:
A. Certification from the installer that all lining materials and resins furnished
under this specification were manufactured, sampled, tested, and inspected in
accordance with ASTM F 1216, ASTM F1743, and ASTM F2599, latest
editions.
B. A detailed plan of construction including the installation procedures,
equipment set-up, and the locations of the proposed access points for
approval
C. Manufacturer's recommendations for the installation of the CIPP including
resin application, curing process details (including temperature control),
storage procedures, service connection methods, trimming and finishing, and
quality control measures to be used for cured-in-place pipe lining of mainlines
and services.
D. Certification from the manufacturer(s) that the installer is licensed to perform
the work.
E. Independent test laboratory results of field samples taken at locations
specified by the Engineer.
Add to Section 77-3.03C Bypass Pumping
The Contractor, when required, must provide for the flow of sewage around the section
or sections of pipe designated for repair. The pump(s) and bypass line(s) must be of
adequate capacity to accommodate a sewage flow of 134 gallons per day per household.
Add Section 77-3.03D(2) Manhole Rehabilitation
Contractor shall completely clean, prepare and rehabilitate all manholes so designated on
the plans in accordance with the following.
“Rehabilitating” existing manholes shall include the following activities:
SPECIAL PROVISIONS
SPECIAL PROVISIONS
22
• Cleaning the manhole and removing corroded/deteriorated materials from the
manhole and otherwise preparing the manhole for one of the approved coating
systems.
• Applying one of the approved coating systems, as specified herein.
• Testing the finished surface coating, as required herein.
• Other related activities, as noted herein.
Where designated in the plans, existing manholes shall be rehabilitated and an approved
corrosion protective coating applied to their interior surfaces, as specified herein. The
approved coating system (as specified herein) shall be applied to all exposed brick,
concrete, grout, mortar, and cementitious surfaces within the manhole, including unlined
concrete pipes within the manhole, bench-to-pipe transitions, bench, risers, cones,
adjusting rings, etc. Coating of the metallic manhole frame and cover shall not be
required.
The Contractor shall coat all manholes marked on the plans with a high-build
polyurethane elastomer such as SANCON 100 or approved equal. The Contractor is
responsible for inspecting the existing manholes for leaks or concrete failures. The
Contractor shall repair manhole prior to coating by patch or chemical grouting in
accordance with coating manufacture recommendation and as directed by the Engineer.
Coating shall stop at the top of the cone or as directed by the Engineer. All pipe liner
installation shall be completed prior to commencing any coating of manholes.
The Contractor shall provide a smooth transition and tight seal without any annular gaps
between the completed manholes and the completed sewer pipe. The Contractor shall
Spark Test the new manhole per NACE RP0274 standards. Spark Test shall be
witnessed by the Engineer.
The Contractor shall terminate the coating at the spring line of the channel with a 1/4" cut
groove.
For those manholes that are connected to pipes to be lined with CIPP, the Contractor
shall insure that the bench shall be formed to eliminate offsets where the lined pipe meets
the manhole interior face and shall match incoming and outgoing pipes and provide a
smooth, even transition where required.
Materials shall be delivered to the site in factory sealed and labeled containers. Date of
manufacture shall appear on each container. Materials shall be handled and stored
according to the strictest requirements of the manufacturer and in accordance with all
local, state and federal laws and regulations.
At each manhole, the Engineer shall inspect and accept the work completed to-date at
the completion of each of milestones listed below before the Contractor shall commerce
work on the next milestone:
SPECIAL PROVISIONS
SPECIAL PROVISIONS
23
Completion of the cleaning and surface preparation activities required by these
specifications.
Completion of all void-filling activities and underlayment application, prior to
surface coating application.
Completion of the surface coating installation prior to testing.
Spark testing of the final surface coating as required by these specifications.
Final clean-up and inspection.
The Contractor shall provide a written warranty to over workmanship and materials for
each manhole coated with an approved corrosion protective coating for a period of not
less than five (5) years from the date of final acceptance of the project. The warranty shall
be delivered to the City prior to and as a condition of final acceptance for this project.
By executing this contract, the Contractor certifies and agrees that any testing performed
by the City during construction (e.g., spark testing, adhesion testing and/or other testing)
shall not in any way modify the warranty, nor relieve the Contractor for responding to
defects during the warranty period.
Add Section 77-3.03D(3) Composite Cover and Frame
Composite cover and frame per Appendix B or approved equal. Install concrete collar per
Engineering Standard 6040.
Add to Section 77-3.03E Sewer Laterals with:
The Contractor must locate all existing sewer laterals and re-establish all live sewer lateral
connections. All sewer lateral connections must be identified and located prior to pipe
insertion. The Contractor must provide the Engineer a report showing the locations, size
and status (live or dead) of all sewer laterals connected to the main. Contractor must test
all laterals using dye testing to confirm which laterals are in service (active) and which are
dead. Dead or unused sewer laterals must not be reconnected to the newly lined sewer line.
Notify the Engineer immediately upon discovering any lateral not shown, or any lateral that
appears to be dry and out of service.
The Contractor must provide portable restrooms, one per lateral closed unless an
agreement is reached between the Contractor and affected resident or business that a
portable restroom is not necessary. All agreements must be in writing and a copy given to
the Engineer prior to the installation of the liner. Portable restrooms must be placed at a
location preferred by the affected resident or business, and they must be sanitized and
cleaned as directed by the Engineer. All portable restrooms must be removed from the
public right away or private property at the end of each working day. The Contractor must
immediately notify residents after their active sewer laterals are opened.
The Contractor must notify affected residents and businesses a minimum of 14 calendar
days prior to installation and give a 24-hour reminder prior to installation. The Contractor
must state in the notification that the owner must not use the sewer system, they must give
the length of time the sewer will be unavailable, the contact person, and that a portable
restroom with a hand washing station will be provided for their use during the lining. The
SPECIAL PROVISIONS
SPECIAL PROVISIONS
24
notification must state that an ADA accessible restroom will be provided upon request.
Before the installation of the liner, all affected laterals with existing clean outs must be
plugged to prevent any resin fumes, vapor migration, and contaminated discharge water
from traveling upstream through the lateral. At locations with no existing clean-out,
Contractor must notify residents to fill their sewer traps with water prior to installation of the
liner.
Residents and businesses must not be without sewer services for longer than ten hours. If
after twelve hours the lateral is not open, the Contractor must provide by-pass pumping for
the lateral at no additional cost to the City and the homeowner.
Clean (E) sewer prior to CIPP installation in compliance with 77-3.03H cleaning. The sewer
line must be cleaned as to render the sewer line to 95% of its original capacity and allow
passage of inspections, testing and sealing equipment.
The Contractor must utilize a remotely controlled cutting device to reopen active lateral
connections without excavation; they must have two complete and functional remotely
controlled cutting devices on site.
Immediately after the liner has been cured and drained, the Contractor must cut the portions
of the liner that interfere with the active laterals from the inside of lined pipe. Each hole cut
from the liner must be at least 95% of the original area and no more than 100%. The
Contractor must brush the lateral and assure that the lateral opening is free of any hanging
liner material, irregular edges or burrs.
If excavation is required to reopen a lateral service, no additional payment will be made.
Abandoned inactive sewer laterals must remain connected to the host pipe; the Contractor
must not reopen abandoned inactive sewer laterals. Approximate locations of active and
inactive laterals are shown on the plans, they are for reference only. The Contractor is
responsible for determining the exact locations of active laterals.
Add to Section 77-3.03G Testing
After CIPP lining is complete and the services have been reinstated, the liner pipe must
be cleaned, and video inspected in accordance with the Project Specifications. The
Contractor must repair all defects at no additional cost to the City. Wrinkles in the finished
liner pipe which exceed 5% of the pipe diameter are unacceptable. Contractor must
remove either the liner or the wrinkled segments which exceed 5% of the pipe diameter.
Additionally, any wrinkles that traverse the invert and impede flow must be removed and
repaired to the satisfaction of the Engineer.
The finished liner must be continuous over the entire length of run between two manholes
and must be free from visual defects such as foreign inclusions, dry spots, pinholes, and
delamination.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
25
The Contractor must provide to the City a warranty to be in force and effect for a period
of two (2) years from the date of acceptance by the City. The Contractor is responsible
for the repair or removal and replacement of the liner should failure result from faulty
materials or installation. Correction of failed liner or liner deemed unacceptable, as a
result of the post video inspection, test reports for structural values, thickness, and /or
chemical resistance is the responsibility of the Contractor, at no additional cost to the
City. Method of correction/repair must be approved by the Engineer.
If any of the above final testing requirements are not met, the Contractor shall be
required by the City to remove the liner and re-line or to open cut and install new pipe.
In either case, the Contractor shall be fully responsible for the cost of re-lining or the
open cut installation.
Add to Section 77-3.04 Payment
Full compensation for furnishing all labor, materials, tools and equipment necessary to
provide for the preparation of the existing sanitary sewer, bypass pumping plan and
implementation, and installation of cured-in-place pipe (CIPP) liner, in those segments of
the existing sanitary sewer depicted on the plans, will be measured and payment made
for each linear foot of CIPP liner installed. Payment for re-establishing the live sanitary
sewer laterals within CIPP sections is included in the unit price for this item.
DIVISION XIII APPENDICES
Add 100-1.01
Refer to Appendix A: Form of Agreement
Refer to Appendix B: Polymer Cover and Frame
APPENDIX
APPENDIX
i
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
APPENDIX
APPENDIX
ii
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 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
APPENDIX
APPENDIX
iii
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
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
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
APPENDIX
APPENDIX
iv
APPENDIX B – POLYMER COVER AND FRAME