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HomeMy WebLinkAboutAwarded - Bunyon Bros. Tree Care Inc.City of San Luis Obispo Solicitation 1000003 Job Order Contract 2018 - Tree Maintenance Bid Designation: Public City of San Luis Obispo Bid 1000003 2/8/2019 4:46 PM P• 1 City of San Luis Obispo Bid 1000003 Job Order Contract 2018 - Tree Maintenance Bid Number 1000003 Bid Title Job Order Contract 2018 - Tree Maintenance Expected Expenditure $400,000.00 (This price is expected • not guaranteed) Bid Start Date Feb 8, 2019 3:44:47 PM PST Bid End Date Mar 7, 2019 2:00:00 PM PST Bid Contact Brian Rodriguez 805-781-7000 brodrigu@slocity.org Description 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 March 7, 2019 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: JOB ORDER CONTRACT 2018 — TREE MAINTENANCE Bid 1000003 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 2/8/2019 4:46 PM p• 2 City of San Luis Obispo the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. Bid Documents A copy of the plans and special provisions may be downloaded, free of charge, from the City's website at: www.slocity.org/government/department.directory/public-works/public-works-bids-proposals Bid 1000003 A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of: 1. $15.00 if picked up in person, or 2. $25.00 if by mailing to the office of the City Engineer Request must include Specification Number. The office of the City Engineer is located at: 919 Palm Street San Luis Obispo, CA 93401 Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City's website at: www.slocity,org/government/department-directory/public-works/documents-online/construction-documents A printed copy may be obtained by paying a non-refundable fee of: 1. $16.00 if picked up in person, or 2. $21.00 if by mailing to the office of the City Engineer You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City's website listed above or at the office of the City Engineer. Contact the project manager, Brian Rodriguez at (805)781.7226 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 pruning, removing, and planting trees and associated work on an as needed basis. The project estimated construction cost is $400,000 Contract time is established as 36 months. The fixed liquidated damages amount is established at $500 per day for failure to start the work within 10 days of the work start date identified in the notice to proceed. 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 D-49 Contractor's License and Certification as an ISA Certified Arborist at the time of the bid opening. 2/8/2019 4:46 PM p• 3 City of San Luis Obispo 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. Bid 1000003 You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project's bid opening date. One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. All the referenced projects must be for tree maintenance work. 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. 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. 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. 2/8/2019 4:46 PM p• 4 City of San Luis Obispo You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263. Accommodation Bid 1000003 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. 2/8/2019 4:46 PM p• 5 City of San Luis Obispo SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO JOB ORDER CONTRACT 2018 — TREE MAINTENANCE Specification No. 1000003 NOVEMBER 2018 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Bid 1000003 2/6/2019 4:46 PM p• 6 City of San Luis Obispo JOB ORDER CONTRACT — 2018 — TREE MAINTENANCE Specification No. 1000003 Approval Date: November 13, 2018 W A. A Ahir * No. C 63811 CMI. \i' 4 f5r nA5 1G�� January 31, 2019 Bid 1000003 2/8/2019 4:46 PM p• 7 City of San Luis Obispo TABLE OF CONTENTS NOTICETO BIDDERS ........................................ ........................................... I.,............... I BIDSUBMISSION......................................................................................................................................1 BIDDOCUMENTS.................................................................................................................................... II PROJECTINFORMATION.......................................................................................................................Il QUALIFICATIONS....................................................................................................................................111 AWARD....................................................................................................................................................IV ACCOMMODATION..................................................................................................................................V BIDFORMS....................................................................................................................A BID ITEM LIST FOR JOB ORDER CONTRACT 2018 - TREE MAINTENANCE SPECIFICATION NO. 1000003 ................... ................. .......................... ........... ,................................................................... .......... A LISTOF 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 BIDDERACKNOWLEDGEMENTS.......................................................................................................... G QUALIFICATIONS.................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID................................................................................... SPECIALPROVISIONS..................................................................................................1 DIVISIONI 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........................................................................................I.......... 2 DIVISION II GENERAL CONSTRUCTION...............................................................................................3 12 TEMPORARY TRAFFIC CONTROL................................................................................................ 3 20 LANDSCAPE..... ..... ........................ I..... ................... - ..................................................................... 3 APPENDIXA - FORM OF AGREEMENT....................................................................... 1 APPENDIX B TREE MAINTENANCE FORM..................................................................4 Bid 1000003 2/8/2019 4:46 PM P• 8 City of San Luis Obispo 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 March 7, 2019 at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked: JOB ORDER CONTRACT 2018 — TREE MAINTENANCE Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered. By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions. Each bid must be accompanied by either a: 1. certified check 2. cashier's check 3. bidder's bond made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract. The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid. All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. NOTICE TO BIDDERS i Bid 1000003 2/8/2019 4:46 PM P. 9 City of San Luis Obispo NOTICE TO BIDDERS BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City's website at: www.slocit .or 1 overnmentlde artment-directo I ublic-works) ublic-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.slocit .or 1 overnmentlde artment-directo 1 ublic-worksldocuments- 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, Brian Rodriguez at (805)781-7226 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.slocit .or 1 overnmentlde artment-direct❑ 1 ublic-works) ublic-works-bids- proposals. PROJECT INFORMATION In general, the project consists of pruning, removing, and planting trees and associated work on an as needed basis. NOTICE TO BIDDERS ii Bid 1000003 2/8/2019 4:46 PM P. 10 City of San Luis Obispo NOTICE TO BIDDERS The project estimated construction cost is $400,000 Contract time is established as 36 months. The fixed liquidated damages amount is established at $500 per day for failure to start the work within 10 days of the work start date identified in the notice to proceed. 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 D-49 Contractor's License and Certification as an ISA Certified Arborist at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project's bid opening date. One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. All the referenced projects must be for tree maintenance work. 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 NOTICE TO BIDDERS Hi Bid 1000003 2/8/2019 4:46 PM P. 11 City of San Luis Obispo NOTICE TO BIDDERS as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. It is the City of San Luis Obispo's intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder's opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code. Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the BID TOTAL. 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. NOTICE TO BIDDERS iv Bid 1000003 2/8/2019 4:46 PM p• 12 City of San Luis Obispo NOTICE TO BIDDERS 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 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. NOTICE TO BIDDERS V Bid 1000003 2/8/2019 4:46 PM p. 13 City of San Luis Obispo Bid 1000003 BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together. THE UNDERSIGNED, agrees that they have carefully examined: 1. the location of the proposed work 2. the plans and specifications 3. read the accompanying instructions to bidders and propose to furnish all: 4. materials 5. labor to complete all the required work satisfactorily in compliance with 6. plans 7. specifications 8. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR JOB ORDER CONTRACT 2018 — TREE MAINTENANCE SPECIFICATION NO. 1000003 item 17 Item . No, SS , . -Description Unif of Measure Estimated 'Item. Price in figures), Total in figures) 1 20 Pruning — Broad Leaf and Conifer Trees 3 to 6 inches DSH EA —Quantity 10 $40.00 460.00 2 20 Pruning — Broad Leaf and Conifer Trees 6 to 12 inches DSH EA 140 �/y 40.00 9900.0o 3 20 Pruning — Broad Leaf and Conifer Trees 12 to 24 inches DSH EA 190 `�. QQ 33j��0• 4 20 Pruning — Broad Leaf and Conifer Trees 24 to 36 Inches DSH EA 150 3�0 Ofl ,i,rjoO.Q 5 20 Pruning — Broad Leaf and Conifer Trees 36 to 42 inches DSH EA 100 4�5 ��Q ya Soo. 6 20 Pruning — Broad Leaf and Conifer Trees over 42 inches DSH EA 20 (Dou. oo 12 Coco• t 7 20 Pruning — Palm Tree EA 60 O►0 .�0 112130 ,0 8 20 Tree DSH Removal (12 to 24 inches EA 5af3 0 9 20 DSH)Tree Removal (24 to 36 inches EA 5 *n O.IJU 3'�jQ 0 f 10 20 Tree Removal (36 to 42 inches EA 5 faDO� 00 6tOD0.0 11 20 Tree Removal (over 42 inches DSH) EA 5 (95o.pQ C� 12 20 Stump Grinding DI 5000 10.40 O���fl.fl 13 20 Emergency Call Out EA 30 �jo0��� i61960.O BID FORMS A 2/8/2019 4:46 PM p. 14 City of San Luis Obispo BID FORMS Bid 1000003 item Item unit of Estimated Item Price Total No. SS 1 Description _ Measure Quantity in fi utas in.fig Les 14 20 Remove Fallen Limb (3 to 6 inches diameter)_ EA 10 /00.00 /000.40 15 20 Remove Fallen Limb (6 to 12 inches EA 10 /,50.00 1500.00 diameter) _ 16 20 Remove Fallen Limb (12 to 24 inches diameter EA 9 00. O0 /900.0c) 17 20 Remove Fallen Limb (24 to 36 Inches diameter EA 1 yQQ, 00 'SIOi?. 00 18 20 Creek Tree Area Removal (12 to 24 inches DS -1) EA 5 1X00.06 000.00 19 20 Creek Tree Area Removal (24 to 36 Inches DSH EA 4 a� O 00 0 81000.0t) 20 20 Creek aches Dree Area Removal (36 to 42 EA 3 �1000.Ov 91000.00 21 20 1 Creek Tree Area Removal (over 42 inches DSH)EA 2 S� OOO. /0,000.0 22 20 Furnish and Plant (15 gallon) EA 5 x50.00 11250 23 20 Furnish and Plant (24" box) EA 5 6 00 .00 3 OD0.00 24 20 Furnish and Plant (36" box) EA 5 BOO. Go fD�0o0, o0 25 12 Traffic Control - Eng. Std. 7310 — Fig A HR 8 26 12 Traffic Control - Eng. Std. 7310 — Fig B HR 8 3-60- 010 V4 00, O 27 12 Traffic Control - Eng. Std. 7310 — Fig C HR 8 200. p a 1 6 0 0.0 28 12 Traffic Control - Eng. Std. 7310 — Fig D HR 8 goo. o 0 1 t. 00.0 29 12 Traffic Control - Eng. Std. 7310 — Fig E HR 8 Z100.00 1400.60 30 12 Traffic Control - Eng. Std. 7310 — Fig F HR 8 a0 a. O 8 1600.0-0 31 12 Traffic Control - Eng. Std. 7310 — Fig G HR 8 poo. -Col 1 (000.00 32 12 Traffic Control - Eng. Std. 7310 — Fig H HR 8 a00. 00 ( te00.'0 33 12 Traffic Control - Eng. Std. 7310 — Fig I HR 10 Soo. 00 3,000.dD 34 12 Traffic Control - Eng. Std. 7310 — Fig J HR 10 '200.00 '3, OOCJ. O 35 12 Traffic Control - Eng. Std. 7310 — Fig K HR 10 3pp.6p 3, 006. a 36 12 Traffic Control - Eng. Std. 7310 — Fig L HR 10 306.0 0 '31000.0 37 12 Traffic Control - Eng. Std. 7310 — Fig M HR 10 2006 00 2.1 000.00 38 12 Traffic Control - Eng. Std. 7310 — Fig N HR 10 300.00 :31 000.00 39 12 Traffic Control - Eng. Std. 7310 — Fig O HR 10 30000 3,wo•a 40 12 Traffic Control - Eng. Std. 7310 — Fig P HR 10 11 000.0 41 12 Minor Traffic Control HR 1000 Bid Total Company Name: 1�4jW40N (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required wnrk BID FORMS 2/8/2019 4:46 PM P. 15 City of San Luis Obispo BID FORMS LIST OF SUBCONTRACTORS Bid 1000003 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. DIR Public % of Works Address and Phone Specific Total Name Under Which Registration Number of Office, Mill or Description of Base Subcontractor Is Licensed License Number Number Shop Subcontract Bid �J d N Attach additional sheets as needed. BID FORMS C 2/8/2019 4:46 PM p. 16 City of San Luis Obispo BID FORMS 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 __V_ 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 Y No If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board. LABOR CODE SECTION 1725.5 STATEMENTS The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is BID FORMS D Bid 1000003 2/8/2019 4:46 PM p. 17 City of San Luis Obispo BID FORMS 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 — V No The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes No NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. BID FORMS E Bid 1000003 2/8/2019 4:46 PM P. 18 lam City of San Luis Obispo BID FORMS Bid 1000003 NON -COLLUSION DECLARATION of , declare that 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) Subscribed and sworn to before me this day of 20 Notary Public Company Name: r1 ae (a cc c- BID FORMS F 2/8/2019 4:46 PM P. 19 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 of Document Signer No. 2 (if any) [Anota ry public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof SCM LV i S Vb % 5 0 WKENLEE ELLEN BRYAN 1G. Hotary Putaht - Calsfornia 3 ;�w.•: S.us Luie Ognpo C"'"y Commis+on • 2262946 ray Comm. EX11,0%Det t}- Z622 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this day of H arch . 20Vq. -, by Date Month Year (1) Z on al d 11 (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appea d bef e. Signature Signature of Nov iic OPTIONAL Completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended docur Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Number of Pag t�Fwr 3s44 # F# i i .i �as4 iar4s: F. # 1 s� �� M Wvwowl 020117 National Notary Association City of San Luis Obispo BID FORMS 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 ip accordance with an act providing for the registration of contractors, License No. � � �Lpiration Date" t ao The above statement is made under penalty of considered non-responsive and will " Signature of Bidder DIR- Public Works Registration No: Business Name (DBA): Owner/Legal Name: ury, and any bid not containing this information "will be } T I t✓�i U A -Y Name and Title of Bidder) � o0oo a co o--7 4 Indicate One: ❑Sole -proprietor ❑ Partnership Corporation List Partners/Corporate Officers:&)aPaLt�i. . Name Title Name Title Name >> Title I /� Business Address Street Address >> Mailing Address ` 1� City, State, Zip Code �fn LAA. - (, A 9 _ � Phone Number�!-I� q c)� Fax Number C���� 5u`A^00_11 / Email Address Date BID FORMS G Bid 1000003 2/8/2019 4:46 PM p• 20 City of San Luis Obispo Bid 1000003 BID FORMS 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 CtoPrAnmer Name & ntact Individual Bleph e & Email U&I5 s Project Name (Site Address): Describe the services provided and how this project is similar to Did this project include tree maintenance work? Yes No ❑ that which is being bid: 1 (te Rmovo 4�mp �h r�1 �q P�1Sk d ebwc�i Was this contract for a public agency? Yes ❑ No Date project completed'. d Reference Number 2 Customer Name & Contact Individual R1 Telephone & Email `� S - I (a n C)Ahor a@ Project Name (Site Address): Did this project include tree Describe the services provided and how this project is similar to maintenance work? Yes 7( No ❑ that which is being bid: �Q - a -AT'LM Was this contract for a public agency? Q)AV avA V\a" �rj (IS , 4DPA W 0f Yes ❑ No Date project com feted:' Ac Reference Number 3 ustomer Name & Contact In ividual �I i ,n L. ,. r X �'Y .n E i ".< • c .r ti_ LA u i n I N r� O i —`3 Project Name (Site Address): Did this project include tree Describe the services provided and how this project is similar to maintenance work? Yes No ❑ that which is being bid:�� �f6rlCjlti�fl �jS�t�Qa�uLC�ria�rr�'s,<rin+'fr�.� Was this contract for a public agency? DVo��`r+ S�["Ll<y►r(��f-h1 iXnd Yes No ❑ CI� V\a-Lk Cbr ►s - Date project completed: (A( , '.Cf<-,d00y BID FORMS H 2/8/2019 4:46 PM p. 21 City of San Luis Obispo BID FORMS ATTACH BIDDER'S BOND TO ACCOMPANY BID Know all men by these presents: That we bound unto the City of San Luis Obispo in the sum of: , AS PRINCIPAL, and AS SURETY, are held and firmly 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 dated (insert name of street and limits to be improved or project) 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 P 'nc' al: V Sign ure 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) BID FORMS I Bid 1000003 2/8/2019 4:46 PM p• 22 PACIFIC PREMIEN BANK7 CASHIER'S CHECK 10049898 IF] 3222 NOTICE TO CUSTOMERS 8578-1 PPBI .cam THE PURCHASE OF AN INDEMNITY BOND MAY BE REQUIRED 35 BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, DATE March 7, 2019 MISPLACED OR STOLEN. REMITTER Bunyon Bros Tree Service $*****33,217.50 PAY THIRTY-THREE THOUSAND TWO HUNDRED SEVENTEEN AND 50/100 TO THE ***CITY OF SAN LUIS OBISPO*** ORDER OF NON NEGOTIABLE PURPOSE CUSTOMER COPY 10049898 FillPACIFIC PREMIER BANK' CASHIER'S CHECK 3222 PPBI .ComNOTICE TO CUSTOMERS 8578-1 THE PURCHASE OF AN: :INDEMNITY BOND MAY BE REQUIRED 3 5 BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPEACEO OR REFUNDED IN THE EVENT IT IS OS, DATE March 7, 2019 M ISPLACE D OR STOLEN, REMITTER BunYon Bros Tref_ Service $*****33,217.50 PAY THIRTY-THREE THOUSAND TWO HUNDRED SEVENTEEN AND 50/100 Two signatures required over $5,000.00 TO THE ***CITY OF SAN LUIS OBISPO*** Void after 180 days ORDER OF C35) m PURPOSE �` 3S '4,FA To'f II° L0049891301: 3 2 2 28 5 78 0: 1111040 L 7 L00 5 LII' City of San Luis Obispo 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 1GENERAL Add to Section 1-1.01 GENERAL: The work must be done in compliance with the City of San Luis Obispo, Department of Public Works: 1. Job Order Contract 2018 — Tree Maintenance 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 Abbreviation DI _ DSH Add to Section 1-1.06 ABBREVIATIONS: Mean Diameter Inch Diameter of tree at 4.5 feet above grade 2 BIDDING Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General Furnish bid using blank forms provided forms and must be signed by the bidder. with: in the Special Provisions. Bid must include all SPECIAL PROVISIONS 1 Bid 1000003 2/8/2019 4:46 PM p• 23 City of San Luis Obispo SPECIAL PROVISIONS 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Section 12, 20 for general, material, construction, and payment specifics. This agreement will be the basis for Job Order Contract Task Orders to be issued. Periodically, the Engineer will identify locations in need of maintenance work and contact you for a Task Order Scoping meeting, to make repairs per items shown on the bid item list. Within ten (10) days of verbal notification of work needs, you must meet the Engineer on-site to review task scope and estimate quantities. The Engineer will issue a notice to proceed to you, identify the number of working days for the Task Order, and identify the work start date. Five (5) days after the notice to proceed has been issued, you must submit a traffic control plan for review. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan: You are required to obtain a no -fee encroachment permit with the City Public Works Department for each task order. Traffic control plans for work on arterial and collector streets are required to be reviewed and approved in advance of the work. Provide traffic control plan and traffic control application a minimum of 5 days in advance of the work at the Public Works permit counter at 919 Palm Street. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City's website: www.slocit .or 1 overnment/de artment-directo ! ublic-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no -fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1St paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. Replace the 1st paragraph in Section 8-1.14A CONTRACT TERMINATION, General with: The Public Works Director may terminate the Contract if it serves the City's best interest. The City issues you a written notice, implements the termination, and pays you for any authorized Task Order work that is complete. SPECIAL PROVISIONS 2 Bid 1000003 2/8/2019 4:46 PM p. 24 City of San Luis Obispo SPECIAL PROVISIONS DIVISION II GENERAL CONSTRUCTION 12 TEMPORARY TRAFFIC CONTROL Add to Section 12-1.01 GENERAL: Some work locations will require the implementation of a simplified traffic control. These locations will be paid per the "Minor Traffic Control" bid item instead of one of the pre- established figures in Engineering Standards — Appendix G. "Minor Traffic Control' will apply to areas where impacts to public traffic are minor, on local streets, or where approximately 10 cones- and the use of barricades- can delineate traffic around a work area. Add to Section 12-1.04 PAYMENT: Traffic delineation and trench protection must be maintained at all times. If barricades are required after sunset, lights/flashing beacons will be required. When traffic control is required to be present during non -work hours, the cost will be included in the working day hourly compensation. 20 LANDSCAPE Add to Section 20 LANDSCAPE: 20-6 TREE MAINTENANCE 20-6.01 GENERAL Furnish all labor, materials, equipment, and incidental items required to lawfully perform the tree maintenance tasks described in this section as directed by the Engineer. All tree pruning shall comply with the American National Standard Institute, ANSI A300 Pruning Standards and ANSI Z133.1, Safety Requirements for Tree Pruning, Trimming, Repair or Removal. Tree care shall be consistent with the International Society of Arboriculture Best Management Practices. 20-6.02 MATERIALS Provide Nursey Quality Trees in compliance with Engineering Standards Appendix I — Guidelines Specifications for Nursery Tree Quality. 20-6.03 CONSTRUCTION 20-6.03A General Post streets 48 hours before work starts when parking must be restricted. Call City of San Luis Obispo Police Department to verify "No Parking" signs are posted properly to allow towing of vehicles if required. Do not use hooks, climbers, gaffs, or other climbing equipment that may penetrate the bark of the tree. SPECIAL PROVISIONS 3 Bid 1000003 2/8/2019 4:46 PM p. 25 City of San Luis Obispo SPECIAL PROVISIONS Observe good arboricultural practices as recommended by the International Society of Arboriculture Best Management Practices. Ensure that all employees on site are ISA Certified Tree Workers or have equivalent or higher ISA certification. Specialized work assignments may require the presence of a Certified Arborist during the work. Ensure that pruning will not disturb the nesting seasons of birds. All work shall be reviewed in advance by an ISA Certified Arborist in conjunction with the Engineer. Comply with Cal -OSHA and ANSI standards for safe working practices. Place and maintain all devices required to safely close a traffic lane when necessary. Place and maintain traffic control in compliance with approved traffic control plan, current City standards, and MUTCD guidelines. Remove all equipment, materials, and debris from the worksite at the end of each workday. Work includes sweeping of debris to prevent it from entering stormdrain inlets. Where working over a stormdrain inlet, cover inlet to prevent debris entry until work is complete. Dump all wood and clean chips (except palm fronds) at a specified location within the City Corporation Yard. Dispose of all other debris in accordance with City, State and Federal laws. 20-6.03B Pruning — Broad Leaf and Conifer Trees Prune tree as follows: 1. Remove all dead wood. 2. Lighten heavy branches to conform to the tree's natural character. 3. Remove undesirable, weak, or crossing branches. 4. Remove suckers and water sprouts. 5. Remove stubs, broken branches, split branches, abnormal growth, mistletoe, vines, and other parasitic vegetation. 6. Make all cuts at the branch collar. 7. Remove large or heavy branches with the three -cut method: under cut, over cut & finish cut. 8. Balance the tree as appropriate for the species health and vigor. 9. Balance the tree as appropriate for the species health and vigor. 10. Follow the directions of the Urban Forest Supervisor/City Arborist or designee who shall have the discretion to change or modify specifications to suit special situations. SPECIAL PROVISIONS 4 Bid 1000003 2/8/2019 4:46 PM p. 26 City of San Luis Obispo SPECIAL PROVISIONS 20-6.03C Pruning — Palm Trees Prune Tree as follows: 1. Remove all dead fronds. 2. Remove all seed pods and seed pod husks. 3. Remove all abnormal growth from the base of the tree trunk. 4. Elevate green or live fronds to 90 degrees. 5. Trim the base of the palm bead to form a "pineapple" effect. 6. Remove any nicked or partially cut fronds. 20-6.031) Pruning - Street and Sidewalk Clearances Elevate trees where necessary to provide the following vertical clearances: 1. Eight feet over residential sidewalks 2. Twelve feet over residential streets 3. Ten feet over commercial sidewalks 4. Fourteen feet over commercial streets 20-6.03E Tree Removal Tree removal includes all topping and other operations necessary to safely remove the tree. Do not fell tree or trunks onto pavement, sidewalk, or public spaces. Cut the tree stump flush with adjacent finished surface including all roots. Immediately remove all cutting and grindings from the work area. Backfill cavity, if any, with clean earthen soil to normal ground level. Do not backfill with wood chips. Clean adjacent surfaces. 20-6.03F Stump Grinding Grind stumps to a depth of 24 inches below the normal surface level including all surface roots. Backfill cavity with clean earthen soil to normal ground level. Do not backfill with wood chips. Immediately after grinding each stump, remove grindings and clean work area. 20-6.03G Emergency Work You must be available twenty-four (24) hours a day, 7 day a week for emergency response. You must provide a twenty-four (24) hour emergency contact phone number. All requests to this phone number must be replied to within one (1) hour of initial phone call, and crews must be dispatched within two (2) hours of from initial contact by the Engineer. 20-6.03H Creek Area Tree Removal Remove trees as identified by the Engineer from the creek area. Trees may be standing or fallen. Immediately remove all cutting from creek and work area. 20-6.031 Tree Planting Furnish and Plant tree in compliance with Engineering Standards. SPECIAL PROVISIONS 5 Bid 1000003 2/8/2019 4:46 PM p• 27 City of San Luis Obispo SPECIAL PROVISIONS 20-6.04 PAYMENT Complete Tree Maintenance Form, included in Appendix B of these Special Provisions, and furnish to the Engineer for all work performed. Email completed Tree Maintenance Form to the Engineer monthly. Emergency work payment will include all mobilization and personnel costs associated with emergency call outs. Emergency call out work is any unplanned work required to be completed outside normal business time between 7am to 4pm Monday through Friday. This cost includes all mobilization costs including any premium rates of pay to mobilize personnel and equipment necessary to complete emergency work. The actual work is compensated by item of work on Bid Item List. SPECIAL PROVISIONS 6 Bid 1000003 2/8/2019 4:46 PM p• 28 City of San Luis obtspo Bid 100003 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) 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. 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: APPENDIX 1 2/8/2019 4:46 PM P• 29 City of San Luis Obispo Bid 1000003 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 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 APPENDIX 2 2/8/2019 4:46 PM p. 30 City of San Luis Obispo Bid 1000003 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. APPROVED AS TO FORM J. Christine Dietrick City Attorney CITY OF SAN LUIS OBISPO A Municipal Corporation Derek Johnson, City Manager CONTRACTOR: Name of Company By: Name of CAOIPresident Its: CAO/PRESIDENT APPENDIX 3 2/8/2019 4:46 PM p. 31 i O LL LU u z Q z W I— z Q W W H m X D z LU IL IL a y M1• v cu 0 E cucuv 3 v v m m E 3 0 x v a 0 E w x O E T tko h C 3 0 0 a t a+ CL m E v r m m v m r- 0 3 X cl z W IL CL Q N M CL Y C d E E u0 c Gl CL N N E H H Y O 3 d CL Y O 3 c 0 M O N w 'u O CL 'O Q d N X cl z W IL CL Q N M CL City of San Luis Obispo APPENDIX APPENDIX Bid 1000003 2/8/2019 4:46 PM p. 33 City of San Luis Obispo Question and Answers for Bid #1000003 - Job Order Contract 2018 - Tree Maintenance �W rte+.. '_-' � , r� •�� ��ai ;,••�..'I'�'.- ] �.� _ r ver II idQuestions ; i Cyt .,y } iy�r.�;•'r,1�- J t- L Pii:e„_ irr��- '�r,•. _ - __�..� - .�-� of There are no questions associated with this . • Bid 1000003 2/8/2019 4:46 PM p. 34