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.
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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 $175,000.
Public Engagement
Public engagement was done during the initial identification of this project to be included in the
current and future Financial Plans. Community members that will be affected from construction
operations will be notified of the upcoming work to reduce adverse impacts.
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CONCURRENCE
The Utilities and Public Works departments concur with this action. Both departments have
routine maintenance needs that will be facilitated and expedited due to this contract.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA) Guidelines since it is a
maintenance and replacement project of existing facilities. A Notice of Exemption has been filed
with the Community Development Department.
FISCAL IMPACT
Budgeted: Tentatively
Budget Year: 19-21
Funding Identified: Yes
Fiscal Analysis:
This contract does not obligate any funds for construction. Once the contract has been executed,
work will be scoped, and Task Orders issued for budgeted work. The funding sources for this
work are primarily the Street Reconstruction and Resurfacing (R&R) Master Account, Water
Distribution System Improvement – Trench Repair Master Account, Collection System
Improvement Master Account and the Sidewalk Repair Master Account all identified in pages
E2-132, E2-135 and E2-142 of the 17-19 Financial Plan. All accounts receive funding for each
fiscal year through the City’s budget process and have been proposed to receive additional funds
in the 19-21 Financial Plan.
Below is a table that shows the funds spent by account in the last three years using the 2016
Maintenance JOC.
Street
Reconstruction
and Resurfacing
Water Dist.
Syst. Imp.
Collection
System Imp.
Sidewalk Repair
Master Account.
Stormwater
Flood Control Mis Accounts Total:
Funds
Expended:222,886.00$ 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.
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Attachments:
a - 04152003, BUS 6A - JOB ORDER CONTRACTING AND ALTERNATIVE BIDDING
PROCEDURE
b - R-10621 Updated Purchasing Guidelines
c - Special Provisions
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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
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Job Order Contract for Streets and Sidewalk Maintenance 2019
Specification No. 1000043
Approval Date: 05/07/2019
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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
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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
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NOTICE TO BIDDERS
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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.
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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.
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
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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.
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
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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.
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
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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.
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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
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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
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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
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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
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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.
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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.
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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
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under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
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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:____________________
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BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
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QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include 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 □
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ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
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SPECIAL PROVISIONS
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
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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
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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:
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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APPENDIX
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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
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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
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