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HomeMy WebLinkAbout05-07-2019 item 08 - Contract for Streets and Sidewalk Maintenance 2019 Department Name: Public Works Cost Center: 5009 For Agenda of: May 7, 2019 Placement: Consent Estimated Time: N/A FROM: Daryl Grigsby, Public Works Director Prepared By: Lyle Nemeth, Engineer III SUBJECT: JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2019, SPECIFICATION NO. 1000043 RECOMMENDATION 1. Approve Special Provisions for Job Order Contract for Streets and Sidewalk Maintenance 2019, Specification No. 1000043; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract to the lowest responsible bidder. DISCUSSION Background Job Order Contracting is an alternative bidding procedure that was approved by the voters and added to the City’s Charter on November 5, 2002 (Attachment A). It provides for on-call infrastructure repair contracting. The Job Order Contract (JOC) provisions enable the City to perform construction projects for the repair, remodeling or other repetitive work under a competitively bid unit price contract. This ensures the City gets a consistent price while speeding project delivery where detailed design is not required. The City first implemented a JOC program shortly after the Charter amendment was approved by the voters on November 5, 2002. The Gordian Group was retained to develop the JOC program in which 160,000 pre-priced construction tasks were developed and the contractors bid a percentage mark-up. The City used this contract for about 2 years. The 2003 JOC lapsed in 2005. Engineering staff revisited the JOC concept in 2011 and created a more focused specification targeting trench repairs needed after emergency pipeline repairs occur. Instead of bidding a JOC program which covers every imaginable type of work and essentially pays the contractor for each worker and each piece of equipment that is used to complete the work, a program was developed to bid the finished product. This methodology is consistent with other types of projects the City completes and has made it simpler for the contractors to prepare and submit proposals and streamlined delivery of work. In 2013, the JOC was expanded to include concrete repairs as additional funding was provided through the Financial Plan to increase the City’s response to damaged areas. Packet Pg. 43 Item 8 Over the past three years, based on the 2016 Maintenance Work JOC engineering staff have generated 87 Task Orders, totaling over $1,670,000 in work. This has proven to be an effective approach of rapidly deploying and handling pavement repairs and other maintenance work items in particular. Since the 2016 JOC for maintenance work went into effect, over 23,000 square feet of trench patches, 1,750 square feet of sidewalk, and 225 lineal feet of curb and gutter has been repaired. The proposed 2019 Job Order Contract for Streets and Sidewalk Maintenance is modeled after the successful Maintenance Work JOC 2016, and has been expanded even further to include other, easily identified maintenance work items. In addition to sidewalk and trench repairs, the new contract will include the potholing of utilities to improve bid documents and reduce change orders, drainage inlet replacements to remove grated inlets for improved bicycle safety and flood protection, large scale replacement of signs to meet new reflectivity standards, and modification of tree well grates to improve pedestrian safety. The complete list of bid items can be seen on the bid form sheet located in the attached special provisions (Attachment C). The current JOC is in its third year and will expire on June 30, 2019. The use of the JOC has demonstrated it is an important tool to greatly expedite delivery of routine, maintenance-related City funded construction projects that require minimal design plans. The JOC eliminates the need for multiple small contracts to complete minor, routine maintenance activities. How the Job Order Contract is Managed and Monitored When maintenance work covered under the JOC is needed, the repair cost is calculated based on the contract unit prices. Engineering staff creates a Task Order with the work scope identified and any location or specific information is provided to the contractor. The contractor then has the opportunity to ask questions. Once the contractor accepts the Task Order, it is authorized by the City Engineer, City Manager or City Council following the City’s Purchasing Policy and the authorization limits set by the Council in Resolution No. 10621 (Attachment B). Previous Council or Advisory Body Action Funding for this project is identified in the Council approved 2017-19 Financial Plan. Policy Context Per the October 2018 Financial Management Manual, Council approval is required for Public Projects that cost over $175,000. Public Engagement Public engagement was done during the initial identification of this project to be included in the current and future Financial Plans. Community members that will be affected from construction operations will be notified of the upcoming work to reduce adverse impacts. Packet Pg. 44 Item 8 CONCURRENCE The Utilities and Public Works departments concur with this action. Both departments have routine maintenance needs that will be facilitated and expedited due to this contract. ENVIRONMENTAL REVIEW This project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines since it is a maintenance and replacement project of existing facilities. A Notice of Exemption has been filed with the Community Development Department. FISCAL IMPACT Budgeted: Tentatively Budget Year: 19-21 Funding Identified: Yes Fiscal Analysis: This contract does not obligate any funds for construction. Once the contract has been executed, work will be scoped, and Task Orders issued for budgeted work. The funding sources for this work are primarily the Street Reconstruction and Resurfacing (R&R) Master Account, Water Distribution System Improvement – Trench Repair Master Account, Collection System Improvement Master Account and the Sidewalk Repair Master Account all identified in pages E2-132, E2-135 and E2-142 of the 17-19 Financial Plan. All accounts receive funding for each fiscal year through the City’s budget process and have been proposed to receive additional funds in the 19-21 Financial Plan. Below is a table that shows the funds spent by account in the last three years using the 2016 Maintenance JOC. Street Reconstruction and Resurfacing Water Dist. Syst. Imp. Collection System Imp. Sidewalk Repair Master Account. Stormwater Flood Control Mis Accounts Total: Funds Expended:222,886.00$ 455,994.00$ 18,948.00$ 130,431.00$ 437,953.00$ 404,637.00$ 1,670,849.00$ ALTERNATIVES Deny authorization to advertise. The City Council may choose not to authorize the advertisement of the project. This is not recommended because the JOC program is a cost- effective way to get necessary maintenance work completed in a short period of time. Packet Pg. 45 Item 8 Attachments: a - 04152003, BUS 6A - JOB ORDER CONTRACTING AND ALTERNATIVE BIDDING PROCEDURE b - R-10621 Updated Purchasing Guidelines c - Special Provisions Packet Pg. 46 Item 8 Packet Pg. 47 Item 8 Packet Pg. 48 Item 8 Packet Pg. 49 Item 8 Packet Pg. 50 Item 8 Packet Pg. 51 Item 8 Packet Pg. 52 Item 8 Packet Pg. 53 Item 8 Packet Pg. 54 Item 8 Packet Pg. 55 Item 8 Packet Pg. 56 Item 8 Packet Pg. 57 Item 8 Packet Pg. 58 Item 8 Packet Pg. 59 Item 8 Packet Pg. 60 Item 8 Packet Pg. 61 Item 8 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Job Order Contract for Streets and Sidewalk Maintenance 2019 Specification No. 1000043 July 2019 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Packet Pg. 62 Item 8 Job Order Contract for Streets and Sidewalk Maintenance 2019 Specification No. 1000043 Approval Date: 05/07/2019 Packet Pg. 63 Item 8 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION ....................................................................................................................... III QUALIFICATIONS .................................................................................................................................... III AWARD ..................................................................................................................................................... V ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A LIST OF SUBCONTRACTORS ................................................................................................................. F PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. G PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... G PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. G LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... G NON-COLLUSION DECLARATION ........................................................................................................... I BIDDER ACKNOWLEDGEMENTS ........................................................................................................... J QUALIFICATIONS ..................................................................................................................................... K ATTACH BIDDER'S BOND TO ACCOMPANY BID .................................................................................. L SPECIAL PROVISIONS .................................................................................................. 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 ............................................................................................................... 3 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 3 8 PROSECUTION AND PROGRESS ................................................................................................... 3 9 PAYMENT ........................................................................................................................................... 4 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 4 12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 4 13 WATER POLLUTION CONTROL ..................................................................................................... 4 14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 4 15 EXISTING FACILITIES ..................................................................................................................... 5 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 6 37 BITUMINOUS SEALS ....................................................................................................................... 6 39 ASPHALT CONCRETE .................................................................................................................... 7 Packet Pg. 64 Item 8 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 7 73 CONCRETE CURBS AND SIDEWALKS ......................................................................................... 7 77 LOCAL INFRASTRUCTURE ............................................................................................................ 8 84 MARKINGS ....................................................................................................................................... 9 DIVISION XI MATERIALS ....................................................................................................................... 10 90 CONCRETE .................................................................................................................................... 10 APPENDIX A - FORM OF AGREEMENT ..................................................................... 11 Packet Pg. 65 Item 8 NOTICE TO BIDDERS i 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 June 7, 2019 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: Job Order Contract for Streets and Sidewalk Maintenance 2019, Specification No. 1000043 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. Packet Pg. 66 Item 8 NOTICE TO BIDDERS NOTICE TO BIDDERS ii Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals A printed copy may be obtained at the office of the City Engineer by paying a non- refundable fee of: 1. $15.00 if picked up in person, or 2. $25.00 if by mailing to the office of the City Engineer Request must include Specification Number. The office of the City Engineer is located at: 919 Palm Street San Luis Obispo, CA 93401 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, Lyle Nemeth at 805-783-7738 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. Packet Pg. 67Packet Pg. 67 Item 8 NOTICE TO BIDDERS NOTICE TO BIDDERS iii PROJECT INFORMATION In general, the project consists of repairing utility trenches, roadway failures, damaged concrete, and completing other minor maintenance work on an as needed basis. The project estimated construction cost is $600,000 Contract time is established as 36 months. 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. All referenced projects must be for street construction, paving, trench repair work (including open trench utility work), and minor concrete work (including the replacement of curb ramps). 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. Packet Pg. 68Packet Pg. 68 Item 8 NOTICE TO BIDDERS NOTICE TO BIDDERS iv 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. Packet Pg. 69 Item 8 NOTICE TO BIDDERS NOTICE TO BIDDERS v AWARD The lowest bidder will be determined using the BID TOTAL based on the quantities supplied by the City and the bidder’s unit price. 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 Argelia Chang 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. Packet Pg. 70 Item 8 BID FORMS A 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 Job Order Contract for Streets and Sidewalk Maintenance 2019, Specification No. 1000043 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 39, 77 1" AC Grind and Sheet Mix Overlay SQFT 500 2 39, 77 1.75" Thin Maintenance Overlay SQFT 500 3 39, 77 2” AC Grind & AC Overlay SQFT 200 4 39,77 6” AC Pavement - Excavation & Restoration SQFT 8000 5 39,77 10” AC Pavement - Excavation & Restoration SQFT 3000 6 77 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 1800 7 39 AC Dike – Caltrans A87B LF 220 8 39,77 Pavement Reinforcing Fabric SQYD 10 9 37 Slurry Seal - Type II SQYD 20 10 37 Crack Sealing HR 40 11 84 Pavement Marking - Caltrans A24 SQFT 100 12 84 12-inch White Limit Line LF 25 13 84 Traffic Stripe - Caltrans A20 Detail 1 LF 50 Packet Pg. 71 Item 8 BID FORMS BID FORMS B Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 14 84 Traffic Stripe - Caltrans A20 Detail 2 LF 50 15 84 Traffic Stripe - Caltrans A20 Detail 8 LF 50 16 84 Traffic Stripe - Caltrans A20 Detail 9 LF 50 17 84 Traffic Stripe - Caltrans A20 Detail 22 LF 50 18 84 Traffic Stripe - Caltrans A20 Detail 29 LF 50 19 84 Traffic Stripe - Caltrans A20 Detail 38 LF 50 20 84 Traffic Stripe - Caltrans A20 Detail 39 LF 50 21 84 Traffic Stripe - Caltrans A20 Detail 39A LF 50 22 84 Reflective Pavement Marker - All Types EA 5 23 84 Hi-Vis Crosswalk - Std. 7350 LF 50 24 84 Bike Lane Buffer LF 50 25 84 Green Bike Lane Coating LF 250 26 15 Remove Traffic Stripe LF 100 27 15 Remove Pavement Marking SQFT 100 28 73 Remove & Replace Sidewalk - Std. 4110 (Area - Under 60 SQFT) SQFT 250 29 73 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 250 30 73 Remove & Replace Sidewalk - Std. 4110 (Area - Over 180 SQFT) SQFT 250 31 73 Remove & Replace Boardwalk with Concrete Pavers - Std 4150 (Area - Under 60 SQFT) SQFT 50 32 73 Remove & Replace Boardwalk with Concrete Pavers - Std 4150 (Area - 60 SQFT to 180 SQFT) SQFT 50 33 73 Remove & Replace Boardwalk with Concrete Pavers - Std 4150 (Area - Over 180 SQFT) SQFT 50 34 73 Remove & Replace Curb and Gutter - Std. 4030 LF 80 Packet Pg. 72 Item 8 BID FORMS BID FORMS C Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 35 73 Remove & Replace Curb Ramp - Std. 4440 SQFT 1500 36 73 Remove & Replace Cross Gutter - Std. 4310 SQFT 10 37 73 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 400 38 73-4 Mission Style PCC Coloring and Salt Finish SQFT 300 39 73-4 Mission Style Tile Installation per Std. 4220 LF 20 40 73 Replace Truncated Domes - Std. 4440 SQFT 50 41 84 Repaint Curb LF 100 42 73 Furnish & Install Metal Sign Post and Sign - Std. 7210 EA 5 43 73 Furnish & Install Metal Sign Post and Sign - Std. 7215 EA 5 44 15 Furnish and Install Sign on Existing Post/Barricade/Luminaire EA 5 45 15 Reconstruct Guardrail - Caltrans A77A1 LF 10 46 77 (s) Tree Removal and Disposal, 12” Max. DBH EA 2 47 77 Root Pruning or Shaving HR 10 48 73 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 1 49 73 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 1 50 73 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 1 51 15 Enlarge Tree Grate Opening EA 20 52 13, 77 Furnish and Install Stormwater Trash Catchment Device EA 20 53 51, 77 Catch Basin - Std. 3350 EA 1 54 51, 77 Catch Basin - Std. 3355 EA 1 55 51, 77 Catch Basin - Std. 3355A EA 1 56 51, 77 Catch Basin - Std. 3360 EA 1 57 15 Adjust Utility Cover - Std. 6040 EA 25 58 15, 77 Manhole Frame and Cover Replacement - Std. 6040 EA 12 Packet Pg. 73 Item 8 BID FORMS BID FORMS D Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 59 15, 77 Manhole Replacement - Std. 3530 or 6610 EA 1 60 77 Construct Well / Cleanout - G5 - Std. 6710 EA 3 61 77 Potholing (Depth - 0’ to 4') EA 20 62 77 Potholing (Depth - 4' to 8') EA 15 63 77 Potholing (Depth - 8'+) EA 15 64 77 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 20 65 77 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 20 66 77 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 20 67 12 Traffic Control - Eng. Std. 7310 – Fig A HR 40 68 12 Traffic Control - Eng. Std. 7310 – Fig B HR 70 69 12 Traffic Control - Eng. Std. 7310 – Fig C HR 10 70 12 Traffic Control - Eng. Std. 7310 – Fig D HR 30 71 12 Traffic Control - Eng. Std. 7310 – Fig E HR 90 72 12 Traffic Control - Eng. Std. 7310 – Fig F HR 10 73 12 Traffic Control - Eng. Std. 7310 – Fig G HR 20 74 12 Traffic Control - Eng. Std. 7310 – Fig H HR 40 75 12 Traffic Control - Eng. Std. 7310 – Fig I HR 10 76 12 Traffic Control - Eng. Std. 7310 – Fig J HR 10 77 12 Traffic Control - Eng. Std. 7310 – Fig K HR 110 78 12 Traffic Control - Eng. Std. 7310 – Fig L HR 20 79 12 Traffic Control - Eng. Std. 7310 – Fig M HR 200 80 12 Traffic Control - Eng. Std. 7310 – Fig N HR 30 81 12 Traffic Control - Eng. Std. 7310 – Fig O HR 20 Packet Pg. 74 Item 8 BID FORMS BID FORMS E Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 82 12 Traffic Control - Eng. Std. 7310 – Fig P HR 100 83 12 Minor Traffic Control HR 1000 Total Project Bid $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Packet Pg. 75 Item 8 BID FORMS BID FORMS F 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. Packet Pg. 76 Item 8 BID FORMS BID FORMS G 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 Packet Pg. 77 Item 8 BID FORMS BID FORMS H 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. Packet Pg. 78 Item 8 BID FORMS BID FORMS I 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:____________________ Packet Pg. 79Packet Pg. 79 Item 8 BID FORMS BID FORMS J 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 Packet Pg. 80 Item 8 BID FORMS BID FORMS K 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 xxx activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include xxx activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include xxx activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Packet Pg. 81 Item 8 BID FORMS BID FORMS L 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) Packet Pg. 82 Item 8 SPECIAL PROVISIONS 1 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. Job Order Contract for Streets and Sidewalk Maintenance 2019 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. Sections 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 Add to Section 3-1.18A: The Engineer may immediately suspend all work until compliance is achieved. You will bear all costs incurred by such suspension, and no additional compensation for losses incurred by you will be allowed therefor. You will be assessed liquidated damages and Packet Pg. 83 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 pay to the City of San Luis Obispo the sum set forth in these Special Provisions, for each day you do not comply with the contract requirements. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 12, 15, 37, 39, 51, 56, 73, 77, 84, and 85 for general, material, construction, and payment specifics. This agreement will be the basis for Job Order Contract Task Orders to be issued. Periodically, the Engineer will identify locations in need of maintenance work and contact you for a Task Order Scoping meeting, to make repairs per items shown on the bid item list. Within ten (10) days of verbal notification of work needs, you must meet the Engineer on-site to review task scope and estimate quantities. The Engineer will issue a Task Order by means of a purchase order document and/or a written notice to being work to you. Identify the number of working days for the Task Order and identify the work start date. Five (5) days after the Task Order has been issued, you must submit a traffic control plan for review. The contractor must complete work within four (4) weeks after the Task Order has been issued unless the Engineer receives and approves an extension request in writing. 5 CONTROL OF WORK Add to Section 5-1.01: Adjustments to working hours may be imposed due to public traffic impacts in compliance with Section 7-1.03B. Add to Section 5-1.13A: You must notify the Engineer if any subcontractors are performing work on an issued Task Order, prior to the execution of that Task Order. A representative of the prime contractor must be on site when any subcontractor is performing contract work. Add to Section 5-1.36A: Repair to damage must comply with the associated sections of the specifications, standards, and plans. Add to Section 5-1.36D: Existing third party (non-City-owned) utilities are shown on project plans for information purposes only. It is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of excavation or sawcutting. The City of San Luis Obispo is not responsible for any: 1. damages 2. costs 3. delay 4. expenses Packet Pg. 84 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 resulting from a third-party underground facility operator’s failure to comply with stipulations as set forth in 4216.7.(c) of California Government Code. Add to Section 5-1.43A: Potential claim forms are located on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents 6 CONTROL OF MATERIALS Add to Section 6-3.06: Settlement of any pavement repair is considered a substantial defect. Guarantee periods will be one year after the completion of each individual Task Order. This period begins on the date the Task Order is accepted as complete by the Engineer. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Replace last paragraph in Section 7-1.02K(3) LAWS, Labor Code – Certified Payroll Records (labor code 1776) with: Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed. Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Normal working hours are Monday through Friday between 7:00 a.m. and 4:00 p.m. Modified working hours may be required for individual sites when determined necessary by the Engineer. You may also request modified work hours to facilitate the work, which will be considered by the Engineer. Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Packet Pg. 85Packet Pg. 85 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 Provide a Level 1 schedule for Task Orders of durations greater than 8 days. 9 PAYMENT Replace Sections 9-1.06B and 9-1.06C with: The estimated quantities in these Special Provisions are furnished as a tool to the contractor as what might be expected of this Contract. The quantities will vary based on the City’s needs. Add to Section 9-1.23: After given the opportunity, you fail to complete any of the following: 1. maintain the project site, 2. complete project work, 3. any other cause which requires City staff to complete work at the project site you must reimburse the City in compliance with section 9-1.23. DIVISION II GENERAL CONSTRUCTION 12 TEMPORARY TRAFFIC CONTROL Add to Section 12-1.01: Some work locations will require the implementation of a simplified traffic control. These locations will be paid per the “Minor Traffic Control” bid item instead of one of the pre- established figures in Engineering Standards – Appendix G. “Minor Traffic Control” will apply to minor repair locations, on local streets, where approximately 10 cones, and the use of barricades, can delineate traffic around a small work area. Add to Section 12-1.04: Traffic delineation and trench protection must be maintained at all times. If barricades are required after sunset, lights/flashing beacons will be required. When traffic control is required to be present during non-work hours, the cost will be included in the working day hourly compensation. 13 WATER POLLUTION CONTROL Add to 2nd paragraph in Section 13-1.01A: A minor WPCP plan form may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents 14 ENVIRONMENTAL STEWARDSHIP Add to Section 14-9.02 AIR POLLUTION CONTROL, General: Packet Pg. 86Packet Pg. 86 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 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 to Section 14-9.02D: Full compensation for APCD compliance and applicable engineering standards will be paid by force account when contamination is encountered. 15 EXISTING FACILITIES Add to Section 15-2.02B(1): Portland concrete cement (PCC) pavement must be saw-cut with a diamond saw to a minimum depth of 8 inches. As an alternate to sawcutting and excavation, you may use a grinding device such as a “zipper” on asphalt pavement, to remove the trench repair area. Replace Section 15-2.02C(3) with: Section 15-2.02C(3) Payment: Traffic stripe removal will be paid per linear foot, regardless of width. Packet Pg. 87Packet Pg. 87 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 Add to Section 15-2.04A: All existing manholes, valve wells, cleanouts, and boxes within work limits must be replaced in accordance with current Engineering Standards. Replace Section 15-2.04D with: 15-2.04D Reconstruct Metal Beam Guard Railing Limits of removal and replacement will be determined by Engineer and indicated in the issued Task Order for that work. Replacement Metal Guard Beam Rail shall conform with Section 83. Replace Section 15-2.07E with: 15-2.07E Modify Tree Grate Tree well grates are to be modified as needed to accommodate increasing trunk size. The grate is to be cut to the nearest concentric ring as directed by the Engineer. Cuts must be neat and smoothed to remove jagged edges. Grates must be removed for cutting if needed to protect the tree or other adjacent improvements. DIVISION V SURFACINGS AND PAVEMENTS 37 BITUMINOUS SEALS 37-5 CRACK TREATMENT Replace the 1st sentence of Section 37-5.01C with: Crack treatment material shall be Caltrans Type 2, Deery 200 as produced by Crafco, Inc., or approved equal from the Caltrans approved crack treatment material list. Replace the 1st sentence of Section 37-5.02 with: Only hot applied crack treatments are approved for this project. Replace the 1st and 2nd paragraph of Section 37-5.03 with: Cracks must be cleaned of all weeds and debris prior to crack sealing. Do not rout or saw cut cracks. Replace the last paragraph of Section 37-5.03 with: Apply the manufacturer’s recommended detackifying agent to the crack treatment material. Replace Section 37-5.04 with: Payment for Crack Treatment will be by the hour for all labor and equipment. The City will pay the actual price per gallon of crack treatment material placed, plus a 15% material markup. You will provide documentation of costs at the end of each Task Order. Packet Pg. 88 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 39 ASPHALT CONCRETE Add to Section 39-1.01: Paving is not to be done without the inspection of the Engineer. Add to Section 39-6: Due to the potential for oil price fluctuation throughout the length of contract, the City will pay the actual plant price per ton of asphalt concrete placed, plus a 15% material markup. You will provide documentation of AC costs at the end of each Task Order. Documentation consists of AC load tickets that include the date, tonnage, and location. You are responsible for AC trucking and delivery expenses. This expense is covered in the respective bid item for that work. DIVISION VIII MISCELLANEOUS CONSTRUCTION 73 CONCRETE CURBS AND SIDEWALKS Add to Section 73-1.03: At the time of Task Order issuance, the Engineer will indicate which curb ramp or driveway Engineering Standard will be used. You must meet with the Engineer for an average of 1 hour per curb ramp or driveway being replaced. This includes: 1. Before saw-cutting to agree on the limits of demolition and removal. 2. After formwork is set, to verify that grades meet those stated on the plans. 3. Upon completion to verify finished grades. Curb ramp and driveway design may vary from Engineering Standards, as directed by the Engineer, to accommodate ADA requirements. Only 2 intersection curb ramps, on the same side of the street, can be under construction at any given time. You are responsible for restoring all existing: 1. utility boxes 2. cleanouts 3. posts within the: 1. sidewalk 2. driveway 3. island paving 4. curb ramp limits of replacement. Packet Pg. 89 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 8 Add to Section 73-1.04: Payment for the removal/replacement of asphalt concrete as specified in the Engineering Standards will be accounted for in the paving bid items based on the type/thickness of asphalt concrete replacement that is required at each location. Add to Section 73-4.04: Full compensation for “Mission Style PCC Coloring and Salt Finish” includes all additional costs required to install Mission Style concrete when compared to standard gray colored concrete. When Mission Style tile is also required, it is paid by a separate bid item, “Mission Style Tile Installation per Std. 4220.” 77 LOCAL INFRASTRUCTURE Add to Section 77-1.03A: Vacuum excavation is the preferred method for potholing utilities, but site-specific conditions may require alternative methods. 1-sack cement slurry shall be used as subsequent backfill when vacuum excavation is used. Dimensions of pavement potholing window must be approved by Engineer before starting work. Add to Section 77-1.03A(2)(i) Tree removal must be authorized by the City Arborist. Tree trunk diameter is measured at 4.5 feet above adjacent ground surface. Stump grinding or removal is required for all tree removals and must include the major roots within the planting area. Engineer or City Arborist must authorize and oversee all approved root pruning or shaving activities. Minor root pruning or shaving is expected during reconstruction of damaged sidewalk. Add to Section 77-1.04: Full compensation for “Pipe Excavation & Restoration” includes all excavation required to reach the top of pipe from top of existing grade, complete pipe excavation, installation and replacement of pipe, bedding, initial backfill, and subsequent backfill. The City will provide pipe and fittings to be used for replacement or pay material invoice and 15% markup if pipe and fittings are supplied by you. Full compensation for “Potholing” is measured from the top of existing grade to the top of utility and includes the replacement of initial and subsequent backfill. Add to Section 77-3.02B: Joints and Fittings for HDPE must be of the same manufacturer as the pipe. Packet Pg. 90 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 9 Add to Section 77-3.04: Force account payment will be used for manhole coating if coating is required by Engineer. Maximum manhole depth is assumed to be 8 feet, measured from finished grade to invert. If a deeper manhole is required, you will be paid an additional prorated amount per linear foot of depth, based on your bid item price. Full compensation for “Construct Well / Cleanout” includes all labor, materials and equipment required to connect new cleanout to sewer line. 84 MARKINGS Add to Section 84-2.03C Application of Stripes and Markings: Preformed thermoplastic is only allowed with the approval of the Engineer. Add to Section 84-6: 84-6.01 Bike Lane Coating A durable epoxy modified, acrylic, water bourne coating specifically designed for application on asphalt pavements, such as STREETBONDCL or approved equal shall be installed by manufacture certified installer per manufacture's specifications as shown on the plans. Bike lane coating shall conform to the following federal highway administration (FHWA) requirements for green painted bike lanes. A. The daytime chromaticity coordinates for the color used for green colored pavement shall be as follows: 1 2 3 4 X Y X Y X Y X Y .230 .754 .266 .500 .367 .500 .444 .555 The daytime luminance factor (y) shall be at least 7, but no more than 35. B. The nighttime chromaticity coordinates for the color used for green colored pavement shall be as follows: 1 2 3 4 X Y X Y X Y X Y .230 .754 .336 .540 .450 .500 .479 .520 Prior to installation the contractor shall submit a color sample and manufacturer specifications indicating compliance with the FHWA requirements as indicated above. Packet Pg. 91 Item 8 SPECIAL PROVISIONS SPECIAL PROVISIONS 10 Add to Section 84-1.04 Payment Bike lane buffer is measured along the linear foot and accounts for all striping and cross hatching, regardless of width of buffer. Bike lane coating is measure by the square foot for the area applied. 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. Packet Pg. 92 Item 8 APPENDIX APPENDIX 11 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NAME OF PROJECT, SPEC NO. in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. Packet Pg. 93 Item 8 APPENDIX APPENDIX 12 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 City, provided such active negligence is determined Packet Pg. 94 Item 8 APPENDIX APPENDIX 13 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 Packet Pg. 95 Item 8 Page intentionally left blank. Packet Pg. 96 Item 8