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HomeMy WebLinkAbout09-17-2019 Item 12 - Advertise Council Chamber audio video replacement project spec 1000120 Department Name: Administration and IT Cost Center: 1021 For Agenda of: September 17, 2019 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: ADVERTISE COUNCIL CHAMBER AUDIO/VIDEO REPLACEMENT PROJECT, SPECIFICATION NO. 1000120 RECOMMENDATION 1. Adopt a Resolution adding the Council Chamber Audio/Video Replacement Project to the Capital Improvement Plan (Attachment A); and, 2. Approve contract documents for Council Chamber Audio/Video Replacement project (Attachment B); and, 3. Authorize staff to advertise for bids; and 4. Authorize the City Manager to award a contract if the lowest responsible bid is within the approved project budget of $200,000 from the City’s share of the Public, Educational and Government (PEG) funds. DISCUSSION The City maintains an audio-visual system in the Council Chamber to broadcast public meetings on television and online through the City’s website. This is a valuable service to the public and upgrading the equipment will further enhance overall ease of access by increased video and audio quality and new tools for efficiently viewing individual portions of meetings. The current equipment was installed in 2012 and the expected lifespan was 5 to 7 years. The system has since been unreliable and it is extremely hard to obtain replacement parts. Furthermore, technology has changed since the current equipment was installed in 2012. In order to improve customer service to our residents, an upgrade of the equipm ent in the Council Chambers is recommended. Staff seeks Council authorization to advertise for bids to purchase and install new audio/video equipment, to replace end of life components, and to make enhancements to the City’s broadcast room control equipment, to include; Packet Pg. 135 Item 12 1. Upgrade the existing control system to an industry standard broadcast control system along with a number of audio and video enhancements in the Council Chambers; 2. Upgraded cameras and encoding equipment for streaming and archiving of videos; and 3. Cleanup and removal of old wiring and obsolete equipment. The installation of the equipment is planned for December 2019. Previous Council or Advisory Body Action September 18, 2012 Council approved the purchase of the current audio-visual equipment. August 20, 2013 Council approved the purchase of new microphones and the associated AMX audio control equipment. Policy Context Funding for Public, Educational and Government (PEG) programming comes from a fee levied against the local cable company, as permitted by the Digital Infrastructure and Video Competition Act of 2006 and by the City’s Municipal Code (SLOMC 5.72.010.) One of the eligible uses of these funds is for the purchase and maintenance of broadcasting equipment in the Council Chamber. The City currently broadcasts City Council and Planning Commission meetings along with other City-related programming on Charter Cable Channel 20 (CATV) and through the City’s website. Public Engagement This item is on the agenda for the September 17, 2019 City Council meeting and will follow all required postings and notifications. The public may comment on this item at or before the meeting. CONCURRENCE The Information and Technology Division concurs with the recommendations in this report. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. Packet Pg. 136 Item 12 FISCAL IMPACT Budgeted: No Budget Year: Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other PEG funds: $230,139 $200,000 $30,139 $5,000 Total $230,139 $200,000 $30,139 $5,000 There is no fiscal impact to the General Fund for this project. It will be f unded from existing PEG funds which can only be used for the acquisition and maintenance of equipment and facilities directly related to providing PEG services (Channel 20 Broadcast.). There are presently no other proposed uses for these funds. The City currently has $230,139 in the Government portion of the PEG fund account (712.0000.21008.) If the replacement equipment requests of $200,000 is approved by Council, the balance of $30,139 will remain. The City receives approximately $9,000 per quarter, or $36,000 a year, in new government PEG funds. ALTERNATIVES Do not move forward with this request at this time. This is not recommended. The operators, and city staff will continue to have trouble efficiently using the current audio video equipment and not moving forward with this project will result in further degradation of the equipment. Attachments: a - Budget Resolution - Chamber Audio-Video b - Special Provisions Packet Pg. 137 Item 12 R _______ RESOLUTION NO. (2019 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA APPROVING AN AMENDMENT TO THE 2019-20 BUDGET ALLOCATION AND CAPITAL IMPROVEMENT PLAN WHEREAS, in accordance with San Luis Obispo Charter Section 802, the City Manager submitted the 2019-21 Financial Plan to the Council for its review and consideration on June 4, 2019; and WHEREAS, the Council approved the 2019-21 Financial Plan and appropriated the 2019- 20 budget allocation including the capital improvement plan budget; and WHEREAS, on July 2, 2019, the Council adopted the capital improvement plan program and projects after review from the Planning Commission for General Plan consistency; and WHEREAS, in August 2019, the technology infrastructure used in the Council Chamber to broadcast Council and other advisory body meetings was deemed irreparable and in need of replacement; and WHEREAS, this project had not surfaced during the 2019-21 Financial Plan development and was not considered for funding through the adoption process; and WHEREAS, the City maintains a PEG fund that can only be used to replace IT infrastructure and has sufficient funding to support the required replacements. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The 2019-20 budget and capital improvement plan is hereby amended to include the City Council Chamber technology infrastructure replacement project. Packet Pg. 138 Item 12 R ________ SECTION 2. The City Manager is hereby delegated authority to allocate PEG funds in the amount of $200,000 to the project as outlined in the Council agenda report presented in public on September 17, 2019. On motion of ___________________, seconded by _______________________, and on the following vote: AYES: NOTE: ABSENT: The foregoing Resolution was passed and adopted on ___________, 2019. _____________________ Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED: Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, 2019. ____________________________________ Teresa Purrington City Clerk Packet Pg. 139 Item 12 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Council Chamber Audio / Video Replacement Project Specification No. 1000120 September 2019 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Packet Pg. 140 Item 12 Council Chamber Audio / Video Replacement Project Specification No. 1000120 Approval Date: September 17, 2019 <<Signature Date>> Packet Pg. 141 Item 12 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ................................................................................................................................ I BID DOCUMENTS ............................................................................................................................... II PROJECT INFORMATION................................................................................................................... II QUALIFICATIONS .............................................................................................................................. III AWARD ...............................................................................................................................................V ACCOMMODATION ............................................................................................................................V BID FORMS .................................................................................................................... A BID ITEM LIST FOR COUNCIL CHAMBER AUDIO / VIDEO REPLACEMENT PROJECT, SPECIFICATION NO. 1000120 ............................................................................................................A LIST OF SUBCONTRACTORS ........................................................................................................... C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ........................................................... D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE....................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .............................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................ D NON-COLLUSION DECLARATION ..................................................................................................... F BIDDER ACKNOWLEDGEMENTS ..................................................................................................... G QUALIFICATIONS .............................................................................................................................. H ATTACH BIDDER'S BOND TO ACCOMPANY BID ............................................................................... I SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ................................................................................................... 1 1 GENERAL ..................................................................................................................................... 1 2 BIDDING ....................................................................................................................................... 1 4 SCOPE OF WORK ........................................................................................................................ 1 5 CONTROL OF WORK ................................................................................................................... 8 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ................................................... 12 8 PROSECUTION AND PROGRESS ............................................................................................. 12 9 PAYMENT ................................................................................................................................... 13 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 Packet Pg. 142 Item 12 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 October 17, 2019 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: Council Chamber Audio / Video Replacement Project, Specification No. 1000120 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 guaran ty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fail s 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 a warded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. Packet Pg. 143 Item 12 NOTICE TO BIDDERS NOTICE TO BIDDERS ii BID DOCUMENTS A copy of the 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. $20.00 if picked up in person, or 2. $25.00 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, Brian Nelson at (805) 781-7113 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 cor rect on the plan holders list located on the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals. PROJECT INFORMATION In general, the project involves design, furnishment, installation, training, and technical support for an audio and visual system that is capable of recording, archiving, and Packet Pg. 144 Item 12 NOTICE TO BIDDERS NOTICE TO BIDDERS iii broadcasting live legislative events from the City Council Chambers and Community Meeting Room. See Section 4 for additional information. The project Base Bid estimated construction cost is $155,000. Additive Alternate “A” estimated construction cost is $30,000. Additive Alternate “B” estimate construction cost is $15,000. Contract time is established as 9 working days on-site for installation, testing, and training. Work must be scheduled around bi-weekly City Council meetings. 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 B or C-7 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 c ompleted under contract with a city, county, state or federal government agency as the prime contractor. Contractor shall have five years of experience with equipment and systems of the types specified, shall maintain a fully staffed and equipped service facility, and shall be a franchised dealer and authorized service facility for the major brands specified, and shall be properly licensed to work in San Luis Obispo, California . All of the referenced projects must be for installation of audio video projects of similar magnitude, completed within the last five years . Packet Pg. 145 Item 12 NOTICE TO BIDDERS NOTICE TO BIDDERS iv Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive. The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. The City reserves the right to reject a responsive bid based on the n on-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 th e 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 af ter 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. Packet Pg. 146 Item 12 NOTICE TO BIDDERS NOTICE TO BIDDERS v Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the BASE BID. As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price a re 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. 147 Item 12 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 COUNCIL CHAMBER AUDIO / VIDEO REPLACEMENT PROJECT, SPECIFICATION NO. 1000120 BASE BID Item No. SS Item Description Estimated Quantity Unit of Measure Unit Price Item Total 1 4 Remove and Dispose of Existing Equipment as Necessary 1 LUMP SUM ------- 2 5, 9 Project Submittals and Schedule of Values 1 LUMP SUM ------- 3 4 Video Source Inputs 1 LUMP SUM ------- 4 4 Video Distribution and Routing 1 LUMP SUM ------- 5 4 Speaker System 1 LUMP SUM ------- 6 4 Audio Recording and Distribution 1 LUMP SUM ------- 7 4 Countdown Timer 1 LUMP SUM ------- 8 4 Control System and Programming 1 LUMP SUM ------- 9 4 Video Broadcast and Streaming 1 LUMP SUM ------- 10 4 Video Archiving System 1 LUMP SUM ------- 11 4 Production Video Systems - Option #1 1 LUMP SUM ------- 12 4 System Operations and Maintenance Manual 1 LUMP SUM ------- Packet Pg. 148 Item 12 BID FORMS BID FORMS B 13 4 Audio Video System Commissioning, Acceptance Testing, and Training 1 LUMP SUM ------- 14 7 Department of Industrial Relations Registration and Prevailing Wage Compliance 1 LUMP SUM ------- 15 3 Performance and Payment Bonds per Section 5-1.05 1 LUMP SUM ------- 16 5 1-year Standard Guarantee 1 LUMP SUM ------- Base Bid $ ADDITIVE ALTERNATE A Item No. SS Item Description Quantity Unit of Measure Unit Price Item Total 17 4 Sound Reinforcement System 1 LUMP SUM ------ 18 4 Production Video Systems - Option #2 1 LUMP SUM ------ 19 4 Hearing Impaired System 1 LUMP SUM ------ Additive Alternate “A” Bid Total $ ADDITIVE ALTERNATE B Item No. SS Item Description Quantity Unit of Measure Unit Price Item Total 20 5 5-Year Extended Guarantee per Section 5-1.47A 60 MONTH Additive Alternate “B” Bid Total $ Base Bid Total $ Additive Alternate “A” Total $ Additive Alternate “B” Total $ Total Project Bid = (Base Bid + Add. Alt. “A” + Add. Alt. “B”) $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Packet Pg. 149 Item 12 BID FORMS BID FORMS C 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. 150 Item 12 BID FORMS BID FORMS D 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 up on, 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 t he 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. 151 Item 12 BID FORMS BID FORMS E 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. 152 Item 12 BID FORMS BID FORMS F 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, organizati on, 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. 153 Item 12 BID FORMS BID FORMS G 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. 154 Item 12 BID FORMS BID FORMS H 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 audio/video installation ? 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 audio/video installation 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 audio/video installation 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. 155 Item 12 BID FORMS BID FORMS I 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. 156 Item 12 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 des cribes 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. Council Chamber Audio / Video Replacement 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 s ection 5-1.02 of the City of San Luis Obispo’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 5 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance 2 BIDDING Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General with: Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Section(s) 3, 4, 5, 7, 8, 9 for general, material, construction, and payment specifics. Packet Pg. 157 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 Add Section 4-1.03A WORK DESCRIPTION, BACKGROUND: The City of San Luis Obispo meets the first and third Tuesday of every month (except holidays) to discuss and act on a variety of issues. The majority of the existing equipment was installed 7 years ago with minor updates throughout the years. The City also holds a variety of types of meetings in the Council Chambers including City Council, Commission, trainings, regional meetings and various ceremonies. Therefore, it is important that the room serves many purposes and staff can be confident that the equipment is capable of accommodating a multi-use environment. Add Section 4-1.03B WORK DESCRIPTION, DETAILED SCOPE OF WORK: City Council Chamber Scope of AV Systems The following is a description of the system issues and the desired upgrades required under this contract: 4-1.03B(1) Video Source Inputs Current video distribution system includes dais mounted inputs that are generally never used. 1. New system inputs to include VGA (with audio) plus HDMI at the following locations: i. Podium ii. Staff table iii. City Clerk iv. House PC v. Blu-ray vi. Staff document camera (new to be provided with the system) vii. Cable TV feed viii. Barco Clickshare (new to be provided with the system) 4-1.03B(2) Video Distribution and Routing The current video distribution and routing system shall be completely replaced with a network- based video distribution system. System to have minimal latency and the ability to route any input signal to any location within the facility. System to be: 1. Video over network encoders, decoders and network switches to all dais and staff displays 2. Provide video and audio distribution to the council meeting room and council hearing room for overflow. 3. Provide video feeds to all existing and new video displays 4. Inherent video latency to be no greater than 10 mS within the distribution system. Packet Pg. 158 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 4-1.03B(3) Speaker System Provide alternate pricing for replacing the current existing speaker system. 1. Speakers to be two Renkus-Heinz Iconyx IC-16 steerable column speakers or equivalent. Speakers to be mounted on the front wall or side walls as appropriate and coordinated with the owner and optimized for proper co verage to the seating area. 2. Provide amplifiers and speakers for individual council and staff locations for a mix- minus system. 4-1.03B(4) Audio Recording and Distribution Additional audio systems upgrades include recording and distribution systems. 1. Provide and install an audio recording appliance that is controlled by the control system that records MP3 files that can be accessed on the network 2. Provide two transformer isolated audio feeds to an audio output panel for ENG camera crews in the rear of the room 4-1.03B(5) Countdown Timer Upgrades to the countdown timer system includes: 1. Replace the countdown timer green/yellow/red display with two digital countdown clock displays. 2. Video display on the front of the podium that will display the name of the presenter plus a countdown timer clock. 4-1.03B(6) Control System and Programming Each council member will have a new control system touchscreen display that will interface with all equipment and provide functionality as outlined below: 1. Provide a total of 11 control touchscreens at the following locations: ➢ 7 Council Members (including Mayor) ➢ Clerk ➢ One staff position ➢ Control room ➢ One control iPad or equivalent with wireless interface 2. Provide 3 levels of control capability: ➢ Basic council member functions including voting, request to speak, mic mute ➢ Mayor control panel will provide the same functionality as council members plus clear request to speak notifications ➢ The Clerk, and control room panels will have full control over all audio and Packet Pg. 159 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 video functions. The clerk will have control over voting. 3. System countdown timer programming to be able to manually enter the speaker time amount. 4. The functionality provided by the AV Control System will include but may not be limited to: a. System On/Off (Standby) b. System power down – manual and/or scheduled c. Video source selection and routing of AV sources to any of the available video displays d. Control and scaling of video displays e. Room audio source selection f. Room audio volume control g. Teleconferencing functions including all phone system interface programming h. Teleconference audio source selection/mixing i. Teleconference audio volume control j. Control of Blu-ray player k. Control of CATV tuner l. Control touch panel functions as per the Owner m. Zone level/mute n. Press feed mute o. Transport control of appropriate devices p. Lighting control q. Recording control r. Control of digital congress system s. Any existing functionality currently in system 5. Create menu pages to provide simple “one-touch” system activation, selection of preset operating parameters, as many as may be required to cover the various meeting modes, city council and EOC functions, and a quantity of user-definable presets. 6. Touchscreen programming will provide access to system individual microphone levels, playback control of source devices, microphone equalization, and other functions to be determined in conversations with the Owner. Certain touch panels will have different control features and level of control. ➢ The City Clerk and Control Room touch panels will have control of all the systems. ➢ The Clerk will have control over who is presenting content. ➢ Wireless iPad or equivalent control functions to be determined by Owner. 7. The control system will provide access to the lighting presets, so the entire configuration of the space can be activated using the “one -touch” process. 8. An advanced section will be included allow a means of storing user definable presets 9. that set microphone levels and custom microphone equalization. A library of Packet Pg. 160 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 microphone equalization settings will also be stored. 10. Menu pages must be password protected to limit access beyond simple system on/off and preset selection to those trained and qu alified for other operations. All passwords and login information and software licenses related to the control systems programming will be provided to the Owner for their distribution as appropriate among staff and end users. 11. All custom programming configurations and code will remain the property of the Owner. 12. Prototype control screen templates will be presented to the Owner and Consultant for review and approval. 13. Beta level control systems programming that have been tested with equipment will be provided for Consultant during mock-up phase. 14. Completed base programming and structure will be tested and operational during system commissioning. 15. The AV Contractor shall provide for up to 2 Owner requested revision lists to functionality and GUI layout that will be incorporated into the control system programming during the first year of building operation, after the first systems use. The AV Contractor shall provide these programming revisions without request for additional payments. 16. In addition to the 2 major programming revisions, the lead programmer(s) shall be present for the first 2 times each of the systems are used by the Owner. Assume there will be 2 to 3 hours of follow-up programming changes after each of these 2 events. 4-1.03B(7) Video Broadcast and Streaming Provide equipment to broadcast live and pre-recorded video to both the local Cable TV infrastructure and the Internet via the City website. 1. System should automatically CC video to comply with ADA requirements 2. System should allow for creation of dynamic playlists of pre-recorded content 3. System should provide multi-user access 4. Capable of maintaining a minimum of 150 simultaneous streams 5. Dynamically adjust stream quality for various devices 6. Provide an HTML5 compatible video player 7. Player compatible with all major Operating Systems and Browsers, including mobile platforms City may elect to select outside vendor for streaming and archiving purposes. 4-1.03B(8) Video Archiving System Packet Pg. 161 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 1. Systems modifications not included in this scope of work other than as might be incidental to other work as contained in this scope. 4-1.03B(9) Production Video Systems Production video systems modifications will be provided at two optional levels. The first level would be to augment the existing system to provide ad ditional capability (Base Bid). The second level will be to replace the existing system with a completely new system as identified in Section 4-1.03C. Option #1 – Existing system augmentation Provide the following items to augment the existing system: 1. Add a compatible 5th PTZ camera to the existing four. This camera will be mounted over the rear door by the clock and will provide a wide shot of the room. Prior to mounting any equipment, it must be confirmed that the mounting is not affecting any items within the room. Add Section 4-1.03C WORK DESCRIPTION, ALTERNATE SCOPE OF WORK: 4-1.03C(1) Council Member and Staff Displays The current Council and Staff video screens to be replaced. Provide for the following: 1. Individual council member and staff displays will be replaced with low-profile 22” to 24” regular computer video monitors. Display resolution to be at least 1920x1080. 4-1.03C(3) Council Member Name Digital Signage: Provide add-alternate pricing for the following: 1. Council member and staff name plate digital signage displays to be replaced with appropriate size and resolution video displays to be mounted on the front of the dais. 4-1.03C(4) Voting System Contractor to specify an electronic voting system that will allow for procedural voting of agenda items. Voting process will be controlled, displayed and recorded on a system compatible with or integrated into the control system. Voting procedure will include the following: Display of the agenda item to be voted on: 1. Clerk will begin the vote during which each council members touchscreen or dedicated voting system buttons will be activated and prompt for a yes, no or abstain response 2. Once all votes are cast, with one button press, voting results will be displayed on the video displays. 3. Voting results will be recorded with the clerk on the agenda/minutes system. 4-1.03C(5) Sound Reinforcement System Packet Pg. 162 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 The current sound reinforcement system will be upgraded with new components. Upgraded equipment to include: 1. Existing system DSP to be replaced with a QSC Q-SYS audio DSP or equal 2. Provide DSP programming for optimal performance including interface with the control system 3. Provide 2 channels of wireless microphones including one body pack with head worn microphone and one handheld transmit ter with dynamic mic capsule and 2 channels of receivers. Systems to be Shure ULXD or equivalent. 4. Provide new microphones for the following locations: ➢ 7 council members ➢ City Attorney ➢ City Manager ➢ Assistant City Manager ➢ 2 staff positions ➢ Clerk ➢ Podium 5. All microphones to include separate pushbutton mute control that will activate muting in the DSP. All-in-one digital congress system with mix-minus capability, integral speaker, request to speak and voting is a viable option. 6. Provide audio feeds to all existing audio zones with individual level control of each zone. 4-1.03C(6) Production Video Systems Production video systems modifications will be provided at two optional levels. The first level would be to augment the existing system to provide additional capability (Base Bid). The second level will be to replace the existing system with a completely new system. Option #2 - Completely new production video system: Provide the following items to replace the existing system: 1. A total of 5 remote controlled PTZ cameras. Cameras to be Sony BRC -X1000 4K PTZ with 1” sensor or equivalent 2. Cameras to be mounted in existing locations plus the additional camera to be mounted over the rear door by the clock and will provide a wide shot of theroom. 3. Compatible camera PTZ controller with multiple presets for each camera. 4. Touchscreen interface allowing for preset recall of each camera plus switcher control 5. Video switcher capable of 4K resolution with sufficient inputs for all cameras plus a feed from the networked distributed video system. Packet Pg. 163 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 8 6. Network compatible video recording appliance 7. Multiview monitor display of at least 55” showing all individual cameras plus program and preview 8. Switcher control surface capable of controlling all switcher functions 4-1.03C(7) Video Lighting The current architectural lighting system provides for a very low ambient light level in the council chamber. Provide the following lighting systems within the project scope of work: 1. Provide electrical infrastructure for four lighting positions on the upper side walls. Lighting positions to be just above the upper wood band 2. Provide a total of 22 fixtures that can be mounted on horizontal lighting track for a clean look. Fixtures to be Clarte’ XXX or equivalent. 3. Provide integrated control into the control system that will include color changing, configuration of color temperature that will match ambient daylight color temperature 4-1.03C(8) Hearing Impaired System 1. Provide a new assistive listening system that will meet current ADA requirements for transmitter and receivers. 5 CONTROL OF WORK Add Section 5-1.23F(1) Submittal Package, Project Submittals: Contractor must thoroughly review Section 5.23A Submittals of the City Standards and be familiar with those requirements. Project Submittals: Product Data: Submit manufacturer's product data sheets for each item of equipment that will be provided as part of this contract. Submit electronically as a single PDF, as well as in hard copies per project requirements. All equipment cut sheets will be arranged per section. Provide a table of contents and a bookmark at the start of every product sheet. Millwork Colors and Samples and any equipment requiring color selection: Submit to the owner color options for evaluation and selection. Submit project shop drawings for review and approval prior to ordering equipment. Failure to submit shop drawings with ample time for evaluation shall not entitle the contractor to an extension of contract time. There will be no work authorized on site without the prior submittal and subsequent approval of a complete set of shop drawings. Any exceptions to this must be in writing and approved by the owner. Shop drawings shall indicate complete details and dimensions of work to be performed. Shop drawings sh all be formatted as Packet Pg. 164 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 9 outlined below, and should contain the items as appropriate, but are not be limited to, the following details: 1. Submitted as a multi-sheet PDF and hard copy document with: a. 30" X 42" sheets (verify drawing size and number of sets with architect) b. Table of Contents c. Bookmarks for every sheet with Sheet Name and Number 2. Drawings shall be a standalone package containing all information required to locate and install all junction boxes, devices and related equipment. a. Video display locations, orientation, and mounting methods b. Architectural Coordination. The layout of all spaces shall be coordinated with current architectural drawings and site conditions. Millwork and custom enclosures shall be coordinated with the Owner. Coordinate location s of all junction boxes, AC power outlets, and wire routing and management. Spaces include, but are not limited to Equipment Rooms, Council Dais, Audio Production Suites and other Control Spaces. c. Custom Furniture. Provide a detail showing all dimensions and finishes for all custom furniture as well as equipment locations and mounting methods. d. Rack Layout and Location Diagrams with overall dimensions. i. Submit heat loads for each equipment rack and calculations showing how numbers were derived. ii. Provide AC Power requirements for each equipment rack and calculations showing how numbers were derived. Provide power distribution details within each rack. e. Antenna orientation, mounting elevation, and attachment hardware schedule. f. Conduit riser diagrams for showing interconnect of all systems. g. Wiring Spreadsheet showing all wiring pull lengths from source to destination, including wire numbers. h. Wiring schematic. Complete, detailed wiring schematic for all systems, based on the contract documents but including cable types, identification by number and color codes, and detailed wiring of connections, both at equipment and between equipment racks and wiring in conduit. i. Schematic drawings of any custom circuitry or equipment modifications, including connector pin‑outs and component lists. j. Terminal strip layouts for all terminal strips to be used in junction boxes or in the equipment racks. k. Provide circuiting detail for power distribution within the rack(s) both in the equipment rooms as well as at the control positions. l. Fabrication details for all custom panels and devices include materials, finishes Packet Pg. 165 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 10 and labeling. m. Patch bay layouts, including patch point labeling. n. Schedule of colors for all equipment and materials including speakers, wall panels, exposed cabling, and custom furniture. Include all information required for coordination of custom colors with Architect. o. Network schematic showing logical connections of all network connected devices including IP address and VLAN information. Coordinate w ith Owner IT department for development of VLAN requirements and IP address scheme for AV equipment. p. Custom Control Software Programming and User Interface Submittal. i. Provide for approval prior to system installation an electronic copy of the DSP and Control System files, showing all user interfaces and control logic flow diagrams. Contract Closeout Submittals: 1. Submit according to conditions of the Section 5-1.23. Submit all contract closeout documentation within 30 days after substantial completion, unless otherwise noted. 2. Contractor shall work from approved shop drawings only. Note changes made during installation on a single set of drawings. This set of marked up drawings will not leave the jobsite until after the final system commissioning. Submit 2 corrected sets of drawings showing work as installed. All “as-built” drawings to be provided both in electronic form (ACAD 2010 or later) and in hard copy (same size as project architectural drawings). 3. Contractor to provide a Project Operations and Maintenance Manual prior to acceptance testing. Provide a minimum of 1 hard copy and one electronic copy. This manual shall contain the following information: a. Table of Contents. b. Contractor’s contact information for warranty and/or service. c. A complete list of equipment, both installed and loose gear. Include manufacturer, model number, and serial number for all devices. Include settings (software or hardware) for any devices that required modification or adjustment during the acceptance testing. d. Operating manuals for each device. e. Documentation of all testing results. f. Wireless microphone frequency coordination report g. A USB Drive containing all As-Built drawings in PDF & DWG format. h. Replacement parts lists of major items of equipment. i. Provide a suggested schedule of routine maintenance. Schedule should Packet Pg. 166 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 11 include dates of replacement of all batteries, cleaning of air filters and procedures for checking speaker components. j. Create a quick start guide to provide information specific to the system, such as procedures for system power on/off, patching, different modes of operation etc. i. The guide should convey information specific to t he installed system. It is not intended to be a guide on generic sound system operation. ii. Anticipated length of the guide is less than 2 pages front and back. 4. Provide two copies of all software installed on computers or equipment in the system, including all device configuration files on a USB Disk. One copy is to be furnished to Owner IT department. 5. Produce compact system flow diagrams showing all components, cables, and wire numbers that will be mounted on the wall of each equipment rooms(s). Provide photographically reproducible as-built wiring diagrams at a reduced scale that are easy to handle and fully legible. 6. Asbestos and PCB Certification: After completion of installation, but prior to Substantial Completion, Contractor will certify in writing that products and materials installed, and processes used, do not contain asbestos or polychlorinated biphenyls (PCB). 7. Provide a complete list of spares inventory to include quantity, manufacturer, model number, and serial number. Add to Section 5-1.47, GUARANTEE: The Contractor shall warranty new equipment to be free of defects in materials and workmanship for not less than one year after date of Substantial Completion. Defects occurring in labor or materials within one-year warranty shall be rectified by replacement or repair. Within the warranty period, provide answer to service calls and requests for information within a 24-hour period, and repair or replace any faulty item within a 72-hour period without charge, including parts and labor. This warranty shall not void specific warranties issued by manufacturers for greater periods of time. Nor shall it void any rights guaranteed to the City by law. Contractor to provide City with exact beginning and ending dates of the warranty period. Include the name of the person to call for service and telephone number. This information to be part of Project Record Drawings. Contractor to provide a final site visit and verification that the system is operational, and all items are functioning correctly at the end of the warranty period. The contractor shall not be responsible for correcting items that have obviously been changed by the owner or end user. Packet Pg. 167 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 12 Add Section 5-1.47A, EXTENDED GUARANTEE: 5-Year Extended Term Maintenance (Bid Additive Alternate) Provide alternate line item pricing for an extended term maintenance agreement and warranty support that would include a rapid response time for service calls. • City requires 1-hour phone response from 7 AM until 8 PM during normal business days. • Please detail options for EMERGENCY response to City Council Chambers on Monday evenings from 4 PM – 8 PM within 30 minutes of verifying issue cannot be resolved remotely. • Regular inspections of system to ensure latest firmware/software updates are completed in a timely manner and testing of all equipment to ensure in proper working condition. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.02K(5) LAWS, Labor Code – Working Hours: Work hours are restricted to 7a.m. to 4 p.m on entire project. 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 The City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions. 8 PROSECUTION AND PROGRESS Add to Section 8-1.04B, START OF JOB SITE ACTIVITIES, Standard Start: Contract time will begin the third or fourth Wednesday after the preconstruction meeting such that the Contractor has a full 9 working days to complete installation between Council meetings, which occur the second and fourth Tuesday of each month. Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. Physical installation work must be completed within 9 days, and scheduled around weekly City Council meetings. If work is performed outside of this window, audio, video and recording systems must be operational for meetings unless previously arranged with the City staff and adequate provision is made for nonfunctionin g systems. Add item to last paragraph of Section 8-1.03 PRECONSTRUCTION CONFERENCE: Packet Pg. 168 Item 12 SPECIAL PROVISIONS SPECIAL PROVISIONS 13 14. Schedule of Values 9 PAYMENT Add to Section 9-1.16B SCHEDULE OF VALUES: A schedule of values must be submitted at the preconstruction conference. The schedule of values for each lump sum item must equal the total bid price for the item. At a minimum, the following information must be included for lump sum items , as applicable: 1. Itemized equipment list with quantities and unit pricing 2. A breakdown of the number of labor hours and associated cost for each of the following: a. Engineering and Documentation b. On Site coordination meetings and supervision c. In shop fabrication, assembly, and installation d. On site verification and testing Packet Pg. 169 Item 12 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on _____________, 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. 170 Item 12 APPENDIX APPENDIX 1 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 by agreement between the parties or by the findings of a court of competent jurisdiction. In Packet Pg. 171 Item 12 APPENDIX APPENDIX 2 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 (2nd signature required if Corporation): By:________________________________ Name of Corporate Officer Its: ____________________ Packet Pg. 172 Item 12