HomeMy WebLinkAbout02-05-2019 Item 5 - Pickleball Courts Project Spec No 91563 Department Name: Public Works
Cost Center: 7001
For Agenda of: February 5, 2019
Placement: Consent Item
Estimated Time: N/A
FROM: Daryl Grigsby, Public Works Director
Prepared By: Shelsie Kloepper, Engineer II
SUBJECT: PICKLEBALL COURTS PROJECT, SPECIFICATION NO. 91563
RECOMMENDATION
1. Approve the Project Plans (Attachment A) and Special Provisions (Attachment B) for the
Pickleball Courts Project, Specification Number 91563;
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the construction contract for the Bid Total if the lowest
responsible bid is within the Engineer’s Estimate of $98,000; and
4. Appropriate $60,000 from the Parkland Development Fund (Fund 501) to fund the project.
DISCUSSION
Background
With the growing popularity of pickleball, the City has seen the need to fund the construction of
dedicated pickleball courts to be responsive to emerging recreational needs. A pilot program was
started in March 2015 to provide pickleball striping to existing par k facilities. In 2016, the
French Park basketball court was striped for three pickleball courts. Additionally, the tennis
court at French Park has dedicated times for pickleball play.
This project consists of constructing three dedicated pickleball cour ts on the former basketball
court and filling in the sand volleyball court to create a basketball area at French Park.
This project will require allocating additional funds to construct. City staff recommends adding
$60,000 from the Parkland Development Fund to keep this project on schedule and headed for
construction. The original budgeted amount will not cover the entire scope of work due to the
cost of construction of a basketball area.
Previous Council or Advisory Body Action
This project was identified and funded by Council in the 2017-19 Financial Plan. The Parks and
Recreation Commission has been supportive of this project to meet this unmet recreational need.
Packet Pg. 49
Item 5
Policy Context
Per the October 2018 Financial Management Manual Exhibit 201-A the Council must approve
the additional allocat ion of funding outside the original budget. The original funding is not
sufficient to complete the project .
Public Engagement
Public Works and Parks and Recreation staff worked with the local pickleball advocates
throughout design to provide the best possible use of the existing space. All feedback was
reviewed and taken into consideration in the final design which balances the constraints of the
space, codes, and varied inputs by the users. Staff have presented a complete design which has
balanced practically, public input and cost. There are differences of opinion on how the courts
could be laid out and this represents the most practical and achievable design for all users .
CONCURRENCE
There is concurrence fro m the Community Development Department through the review and
approval of the project for building permit issuance. This project also has concurrence from the
Parks and Recreation Department as they have reviewed the project throughout the design
process.
ENVIRONMENTAL REVIEW
The project is categorically exempt from environmental review under Section 15301 Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines because
the project proposes minor changes to existing pa rk facilities. The project is consistent with the
applicable general plan policies as well as with applicable City Regulation. A Notice of
Exemption has been filed through the Community Development Department.
Packet Pg. 50
Item 5
FISCAL IMPACT
Budgeted: Yes Budget Year: 2017-18
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Additional Budget
Request
Current
Funding
Request
Annual
Ongoing Cost
General Fund
State
Federal
Fees
Other: Parkland
Development
Fund
$60,000 $60,000 $120,000 N/A
Total $60,000 $60,000 $120,000
Project Cost Estimate
Construction Estimate $98,000
Contingency (20%) $19,000
Materials Testing $3,000
Total for Project $120,000
The Pickleball Courts project was originally identified in the 2017-2019 Financial Plan, Section
E – Capital Improvement Plan, pages E2-31 through E2-32. Council originally approved a
project budget of $60,000 from the Parkland Development Fund. The project is estimated at
$98,000 for construction. Per the table above, the total required funding for the project is
$120,000, requiring a further allocation from the Parkland Development Fund. The Parkland
Development Fund has an available fund balance of $2.3 million.
ALTERNATIVES
The Council could choose to deny aut horization to advertise and allocation of additional funding.
This is not recommended since the project was identified in the 2017 -19 Financial Plan as being
responsive to emerging recreational needs.
Attachments:
a - Council Reading File - Project Plans
b - Council Reading File - Project Special Provisions
Packet Pg. 51
Item 5
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
PICKLEBALL COURTS
Specification No. 91563
February 2019
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Packet Pg. 52
Item 5
PICKLEBALL COURTS
Specification No. 91563
Approval Date: February 5, 2019
February 6, 2019
Packet Pg. 53
Item 5
TABLE OF CONTENTS
NOTICE TO BIDDERS ................................................................................................... IV
BID SUBMISSION .................................................................................................................................... IV
BID DOCUMENTS .................................................................................................................................... V
PROJECT INFORMATION........................................................................................................................ V
QUALIFICATIONS .................................................................................................................................... VI
AWARD ................................................................................................................................................... VII
ACCOMMODATION ............................................................................................................................... VIII
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR PICKLEBALL COURTS, SPECIFICATION NO. 91563 .......................................... A
LIST OF SUBCONTRACTORS ................................................................................................................. B
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. C
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... C
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. C
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... C
NON-COLLUSION DECLARATION .......................................................................................................... E
BIDDER ACKNOWLEDGEMENTS ........................................................................................................... F
QUALIFICATIONS .................................................................................................................................... G
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. H
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
4 SCOPE OF WORK ............................................................................................................................. 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................... 2
DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 2
73 CONCRETE CURBS AND SIDEWALKS ......................................................................................... 2
78 INCIDENTAL CONSTRUCTION ...................................................................................................... 3
APPENDIX A - FORM OF AGREEMENT ....................................................................... 6
Packet Pg. 54
Item 5
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
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 February 28, 2019
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
Pickleball Courts, Specification No. 91563
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
Packet Pg. 55
Item 5
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
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. $25.00 if picked up in person, or
2. $45.00 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, Shelsie Kloepper at (805)783-7735 or the Public Works
Department at (805)781-7200 prior to bid opening to verify the number of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project consists of constructing three dedicated pickleball courts on the
former basketball court and filling in the sand volleyball court to create a basketball area.
The project estimated construction cost is $98,000
Packet Pg. 56
Item 5
NOTICE TO BIDDERS
NOTICE TO BIDDERS
vi
Contract time is established as 30 working days.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
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.
Packet Pg. 57
Item 5
NOTICE TO BIDDERS
NOTICE TO BIDDERS
vii
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
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.
Packet Pg. 58
Item 5
NOTICE TO BIDDERS
NOTICE TO BIDDERS
viii
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Kathryn Stanley at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
Packet Pg. 59
Item 5
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 PICKLEBALL COURTS, SPECIFICATION NO. 91563
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measu
re Quantity (in figures) (in figures)
1 15 Remove Basketball Post and Hoop EA 2
2 78 Furnish and Install Surfacing and
Striping for Pickleball Courts LS 1 ---
3 80 Furnish and Install Fencing for
Pickleball Courts LF 315
4 80 Furnish and Install 4’ Gates for
Fencing EA 1
5 51 Furnish and Install Concrete Pad
for Basketball SQ FT 2,880
6 78 Furnish and Install Pickleball Net
and Posts EA 3
7 15 Remove Volleyball Net, Poles, and
Sand LS 1 ---
8 78 Furnish and Install Basketball Hoop EA 2
9 78 Furnish and Install Basketball
Striping LS 1 ---
10 77 Sidewalk Replacements (Sheet 6) SQ FT 330
11 77 Curb Ramp Replacement (Sheet 7) LS 1 ---
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
Packet Pg. 60
Item 5
BID FORMS
BID FORMS
B
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. 61
Item 5
BID FORMS
BID FORMS
C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
Packet Pg. 62
Item 5
BID FORMS
BID FORMS
D
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. 63
Item 5
BID FORMS
BID FORMS
E
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
Packet Pg. 64
Item 5
BID FORMS
BID FORMS
F
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. 65
Item 5
BID FORMS
BID FORMS
G
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?
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?
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?
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. 66
Item 5
BID FORMS
BID FORMS
H
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. 67
Item 5
SPECIAL PROVISIONS
1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. Pickleball Courts Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2018 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
3 CONTRACT AWARD AND EXECUTION
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:
3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development
Department. All requirements of the building permit shall be applied to the project.
Packet Pg. 68
Item 5
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 15, 51, 73, 78, and 80 for general, material,
construction, and payment specifics.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan:
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 of Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
73 CONCRETE CURBS AND SIDEWALKS
Add to Section 73-1.03 CONSTRUCTION:
You must meet with the Engineer for an average of 1.5 hours total per ramp to complete
the following coordination tasks:
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 of new curb ramp installation to verify finished grades.
Curb ramps have been designed to comply with the current Caltrans Standard Plan detail
RSP A88A and City Standard 4440. Field modifications to the design plans, if approved
by the Engineer, must meet the dimensional and slope requirements of Standard Plan
RSP A88A. When measuring the ADA facility’s dimensions and slopes, consider the
required dimension or slope to have been met if the recorded individual measurements
comply with the following:
Dimensional measurement does not exceed ½-inch from the dimension shown.
i.e. ½-inch less than a minimum dimension, ½-inch greater than a maximum
dimension.
Packet Pg. 69
Item 5
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3
Slope measurement does not exceed 0.2 percent from the slope shown.
You must give the City a 24-hour notice for inspection of formwork before pouring the
concrete.
You must calibrate all levels used in construction at the beginning of each work day.
You must ensure that new ramp flowlines do not create any “ponding” areas.
Curb ramp spandrel design may vary from Engineering Standards, as directed by the
Engineer, in order to accommodate ramp landing.
You are responsible for storing existing signs and boxes for reuse.
Add to Section 73-1.04 PAYMENT:
As shown on the bid item list, the new curb ramp will be paid in lump sum for all work
shown on the plans. The lump sum price includes all work shown on the Plans, as
specified in the Standard Specifications and these Special Provisions. It also includes
work for:
1. Public notices
2. Layout
3. Elevation control
4. Tree protection
5. Protection of existing utilities and improvements
6. Saw-cutting
7. Demolition of existing sidewalk, curb, and curb ramp
8. Removal and disposal of demolished materials
9. Formwork
10. Striping and Marking
11. Temporary cold mix
12. Relocation of signs
13. Furnishing and installation of new signs, post and sleeves
14. Furnishing and installation of new pull boxes
15. Installation of curbs, curb and gutter, sidewalk, ramps, and 6” thick AC paveout
below demolished sidewalk.
16. Reinstalling sidewalk underdrains
17. Landscape replacement, if applicable
18. Repair of existing irrigation systems, if damaged & modifications as needed
19. Cleanup
78 INCIDENTAL CONSTRUCTION
Add to Section 78-4.03A(1) PAINTING CONCRETE, General – Summary with:
Section 78-4.03 includes specifications for concrete coatings.
Packet Pg. 70
Item 5
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4
Replace Section 78-4.03B PAINTING CONCRETE, Materials with:
78-4.03B(1) Pickleball Courts Concrete Coating
Coating for Pickleball Courts must be:
1. 100% Acrylic non-fading such as Premier Sports Coating Acrylic or approved equal
2. Sports Coating Acrylic Resurfacer, heavy-bodied acrylic emulsion for use on open
graded or pitted asphalt, bird baths or concrete surfaces
3. New coating colors will be green and blue. Pickleball stripes will be white.
4. Color samples will be submitted for approval prior to application.
5. All containers used for coating will be properly disposed of offsite according to the
manufactures recommendations and State Laws.
78-4.03B(2) Basketball Court Concrete Coating
Coating for Basketball court must be:
1. 100% Acrylic non-fading such as Premier Sports Coating Acrylic or approved equal
2. Sports Coating Acrylic Resurfacer, heavy-bodied acrylic emulsion for use on open
graded or pitted asphalt, bird baths or concrete surfaces
3. Basketball stripes will be white. Pickleball stripes will be yellow.
4. Color samples will be submitted for approval prior to application.
5. All containers used for coating will be properly disposed of offsite according to the
manufactures recommendations and State Laws.
Add to Section 78-4.03C(2) PAINTING CONCRETE, Construction – Surface
Preparation:
Pickleball Courts Concrete Coating Construction
The Pickleball Courts surfaces to receive coating must be:
1. Cleaned and thoroughly washed, free of grease, oils, loose coating, and other
foreign matter.
2. If weather is questionable moisture sling test will be performed to approve start to
coating.
3. Repaired of all major cracks, birdbaths, and other irregularities that will affect
coating with an Acrylic non-fading Premier Sports Coating or approved equal.
4. No coating shall be applied when surface is damp or has standing water. That
includes drizzle from heavy fog.
5. All coating coverage rates shall be calculated per manufacture’s recommendation
prior to mixing.
6. Pickleball striping will be installed. All dimensions will be specified by USA
Pickleball Association and Pickleball Court regulations.
7. Contractor will inform the Engineer immediately of any conflicts relating to striping
installation.
Refer to the manufactures recommendations for surface preparation procedures and
climatic conditions suitable for coating. Submit for approval method for collecting
nuisance water created by cleaning and preparing surface for coating.
A primer coat must be applied over all concrete repairs, per manufactures
recommendations, prior to first application of the coating system.
Packet Pg. 71
Item 5
SPECIAL PROVISIONS
SPECIAL PROVISIONS
5
Coating System must be applied in (4) separate applications. Provide a minimum
coverage rate of 0.07 gallons per square yard.
Submit color chart for review and approval by Engineer.
Layout court striping for review and approval by Engineer prior to striping.
Basketball Court Concrete Coating Construction
The Basketball Court surface to receive coating must be:
1. New concrete pad will cure for a minimum of 10 days prior to coating.
2. Cleaned and thoroughly washed, free of grease, oils, loose coating, and other
foreign matter.
3. Repaired of all major cracks, birdbaths, and other irregularities that will affect
coating with an Acrylic non-fading Premier Sports Coating or approved equal.
4. No coating shall be applied when surface is damp or has standing water. That
includes drizzle from heavy fog.
5. All coating coverage rates shall be calculated per manufacture’s recommendation
prior to mixing.
6. Basketball striping will be installed per plan.
7. Pickleball striping will be installed per plan. All dimensions will be specified by
USA Pickleball Association and Pickleball Court regulations.
8. Contractor will inform the Engineer immediately of any conflicts relating to striping
installation.
Refer to the manufactures recommendations for surface preparation procedures and
climatic conditions suitable for coating. Submit for approval method for collecting
nuisance water created by cleaning and preparing surface for coating.
A primer coat must be applied over all concrete repairs, per manufactures
recommendations, prior to first application of the coating system.
Coating System must be applied in (4) separate applications. Provide a minimum
coverage rate of 0.07 gallons per square yard.
Submit color chart for review and approval by Engineer.
Layout court striping for review and approval by Engineer prior to striping.
DIVISION XI MATERIALS
90 CONCRETE
Add to Section 90-1.01C(6) Mix Design:
Concrete must contain a maximum of 15% pozolone or fly ash. Course aggregate for
concrete must comply with the gradation specifications for the 1 inch x No. 4 primary
aggregate nominal size.
Packet Pg. 72
Item 5
APPENDIX
APPENDIX
6
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between
the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo
County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called
the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
Packet Pg. 73
Item 5
APPENDIX
APPENDIX
7
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of AGENCY, provided such active negligence is
Packet Pg. 74
Item 5
APPENDIX
APPENDIX
8
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where the City is shown to have been actively negligent and where
the City’s active negligence accounts for only a percentage of the liability involved, the
obligation of the Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________ By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
Packet Pg. 75
Item 5