PLATINO LANE AND ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW

Transcription

1 DEPARTMENT OF PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION AUGUST 2015 PLATINO LANE AND ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW SPECIFICATIONS AND CONTRACT DOCUMENTS

2 This page intentionally left blank

3 Platino Lane and Oro Drive Intersection Drainage Improvements Specifications and Contract Documents Project No. PW City of Arroyo Grande, California CITY COUNCIL Jim Hill Kristen Barneich Jim Guthrie Tim Brown Barbara Harmon Mayor Mayor Pro Tem Council Member Council Member Council Member PUBLIC WORKS DEPARTMENT Geoff English, Director (805) PROJECT ENGINEER & CONTACT PERSON Mike Linn, Capital Projects Engineer (805)

4

5 TABLE OF CONTENTS NOTICE TO CONTRACTORS... (white) STATEMENT OF PREVAILING WAGES... (white) BID REQUIREMENTS... (white) BID DOCUMENTS... (white) Bid Proposal Bidder's Bond Contractors Certification with regard to the performance of previous contracts Bidder Information Sheet List of Subcontractors Non-Collusion Affidavit Contractors Industrial Experience Certification form SPECIAL PROVISIONS... (yellow) Section I. General Specifications Section II. Scope and Control of Work Section III. Contract Changes Section IV. Control of Materials Section V. Existing Utilities Section VI. Prosecution, Progress, and Acceptance of the Work Section VII. Responsibilities of the Contractor Section VIII. Measurement and Payment Section IX. Insurance Requirement and Indemnification Section X. General Requirements CONTRACT DOCUMENTS... (blue) Contract Payment Bond (For Labor and Material) Bond of Faithful Performance General Liability Endorsement Automobile Liability Endorsement Worker's Compensation/Employment Liability Endorsement APPENDICES... (green) Plan Set (5 pages) 120-AG Curb and Gutter 122-AG Cross and Longitudinal Gutter 133-AG Asphalt Concrete Pavement Replacement 135-AG Asphalt Pavement Replacement over Trench Construction 300-AG Curb Opening Catch Basin RSP A88A Caltrans Revised Standard Plan Curb Ramp Details

6 This page intentionally left blank

7 NOTICE TO CONTRACTORS CITY OF ARROYO GRANDE State of California SEALED BIDS will be received at the office of the City Clerk located at City Hall, 300 East Branch Street, Arroyo Grande, California, until 2:00 p.m., September 1, Bids delivered by fax will not be considered or received. Bids will be publicly opened at the City Hall Conference Room for performing work as follows: PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW Scope of Work The project involves the removal of a bubble-up storm drain inlet at the intersection of Platino and Oro Drive, installation of a french drain drain with an 18 PVC pipe adjacent to existing curb and gutter to convey the stormwater flow between the existing system and an existing drain inlet south 450 LF south on Oro Drive. Associated work includes the replacement of a concrete ADA ramp, sidewalk segments, and spandrel; asphalt trench patch; and storm drain tie-ins. The work shall be completed within thirty (30) calendar days from the Notice to Proceed. Submission of Bids Each bid must be submitted on bid forms furnished by the City, to the City Clerk. All bids shall be completed in accordance with the contract documents, which may be obtained from the Community Development Department at 300 East Branch Street, Arroyo Grande, California, for a non-refundable fee of $10. For an additional nonrefundable fee of $7, plans and specifications can be mailed to interested parties. The Engineer s Estimate for the project is $75,000. Each bid shall be accompanied by cash, certified or cashier's check or bidder's bond for not less than ten percent (10%) of the amount of the bid, made payable to the City of Arroyo Grande. In accordance with the provisions of the Public Contracts Code, any Contractor bidding this project shall possess a Class "A, C-8, C-36, or C-42" license in the State of California, issued by the Contractor's State License Board. The successful bidder shall be required to guarantee the performance of this Contract by a Payment Bond and Bond of Faithful Performance in the sum of one hundred percent (100%) of the Contract Amount. Questions pertaining to this project shall be directed to Mike Linn at (805) CITY OF ARROYO GRANDE -- END OF NOTICE TO CONTRACTORS -- i

8 STATEMENT OF PREVAILING WAGES Wages for this Project shall be based on the most current State of California Prevailing Wage Rate Schedules for the Southern California Region. Copies of the prevailing rate of per diem wages are on file at the City Public Works Department, and will be made available to any interested party on request. All wage rates will be subject to any recent negotiations. Health and Welfare (H&W), Pension (PEN) and Vacation (VAC) pay shall be in accordance with the most current Prevailing Wage Rate Schedules. Overtime shall be not less than one and one-half (1-1/2) times the above rate. Sundays and holidays shall be not less than double the above rates. The Holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular crafts, classification or type of workmen employed on the project. The Contractor shall forfeit as penalty to the City not more than the sum of fifty dollars ($50) for each calendar day or portion thereof for each worker (whether employed by the Contractor or Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the California Labor code and in particular, Sections 1772 to The amount of this penalty shall be determined by the Labor Commissioner and shall be based on consideration of the Contractor's mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor in meeting his or her prevailing wage obligations, or a Contractor's willful failure to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor had knowledge of his or her obligations under Labor code Sections 1720, et seq. In addition to the aforementioned penalty, each worker shall be paid the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which said worker was paid less than the prevailing wage. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract Documents. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or the Engineer. In accordance with the provisions of the California Labor Code, and in particular, Sections 1810 to 1815, eight hours labor shall constitute a day s work, and no worker, in the employ of the Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and onehalf times the basic rate of pay. Except as just provided, the Contractor shall forfeit as a penalty to the District the sum of twenty-five dollars ($25) for each worker employed in the performance of this Contract by him or by any Subcontractor under him for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through END OF STATEMENT OF PREVAILING WAGES -- ii

9 BID REQUIREMENTS 1. General Information: The City Clerk of the City of Arroyo Grande, California, will receive sealed bids at her office at 300 East Branch Street, City Hall in said City, until 2:00 p.m., September 1, 2015, for PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW Sealed bids will be opened in the City Council Chambers, 215 East Branch Street, Arroyo Grande, California. Bids delivered by fax will not be considered. 2. Examination of Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work and the bid requirements, plans, specifications, and Contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the bid, plans specifications, and the contract. The submission of a bid shall be considered conclusive evidence that the bidder has made such examination. 3. Bid Forms: All bids must be prepared upon blank forms to be obtained from the Community Development Department located at 300 East Branch Street, Arroyo Grande, California. All bids must be submitted to the office of the City Clerk located at 300 East Branch Street, Arroyo Grande, CA All bids must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the bid is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the bid must show the name of the state under the laws of which the corporation was chartered, the name, city, and business addresses of the president, secretary, and treasurer. 4. Rejection of Bids: Bids may be rejected if they show any alterations of form, additions not called for conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. The right is reserved to reject any and all bids and to waive any informality in bids received. 5. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, or bidder's bond, and made payable to the City of Arroyo Grande for an amount equal to at least ten percent (10%) of the amount of the TOTAL BID, and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 6. Award of Contract: The award of the Contract, if awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. All bids shall be valid for sixty (60) days and will be compared on the basis of the City Engineer's estimate of the quantities of work to be performed based on the aggregate total of the base bid and all alternate bid schedules. The City will award a Contract, at its discretion, for the base bid and any or all of the alternate bid schedules. 7. Execution of Contract: The Contract shall be signed by the successful Bidder and returned, together with the Contract Bonds, within ten (10) days, not including Sundays and legal holidays, after the Bidder has received notice that the Contract has been awarded. No bid shall be considered binding upon the City until the execution of the Contract. Failure to execute a contract and file acceptable bonds as provided herein within the said ten (10) days shall be just cause for the annulment of the award and the forfeiture of the bid guaranty. iii

10 8. Return of Bidder's Guarantees: Within ten (10) days after the award of the Contract, the City of Arroyo Grande will return the bidder's guarantees that are not to be further considered in making the award. All other bidder's guarantees will be held until the Contract has been finally executed, after which all bidder's guarantees, except those forfeited, will be returned to the respective Bidders whose bids they accompany. 9. Contract Bonds: The successful Bidder, simultaneously with the execution of the agreement, will be required to furnish a Labor and Material Bond, and a Faithful Performance Bond; each bond shall be in the amount equal to one hundred percent (100%) of the contract prices, said bond shall be secured by a surety company satisfactory to the City of Arroyo Grande. 10. Required Documents: The following documents are required to be completed and submitted by the Contractor at the times specified in the table below. a) With Bid Package (All Bidders) b) With Agreement (Awardee) c) Prior to Starting Construction (a) (b) (c) X X X X X X X X X X X X X X X X X Bid Proposal Bidder's Bond Contractor's Certification with regard to the Performance of Previous Contracts or Subcontracts Bidder s Information Sheet List of Subcontractor's Non-collusion Affidavit Contractor's Industrial Experience Certification Form Contract Payment Bond (Labor and Material) Bond of Faithful Performance General Liability Endorsement Automobile Liability Workmen's Compensation/Employment Liability Endorsement Materials List and Manufacturer's Brochures (As required) Construction Schedule in accordance with Section VII of the Technical Provisions Shop Drawings (As required) Traffic Control in accordance with Section VII-E of the Special Provisions Insurance: The successful Bidder shall be required to submit actual insurance policies certificates along with City Forms per Section IX of the Special Provisions and Section 7.3 and 7.4 of the Standard Specifications at a minimum liability insurance shall name the City of Arroyo Grande, and its employees as additional insured and shall state that the policy will not be canceled or materially changed prior to giving thirty (30) days written notice to the Director of Public Works of the City of Arroyo Grande, California. -- END OF BID REQUIREMENTS -- iv

11 BID DOCUMENTS

12 This page intentionally left blank

13 BID PROPOSAL For Construction Of: PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW TO THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE: The undersigned, as Bidder, declares that they have carefully examined the location of the proposed work, that they have examined the Specifications and Contract documents prepared by the City of Arroyo Grande entitled "Platino Lane and Oro Drive Intersection Drainage Improvements, Project PW ", and the Standard Specifications, Special Provisions, and Technical Provisions, and Appendices (Supplemental Design Information) describing the work, and has read the accompanying instructions to Bidders, and hereby agrees, if this bid is accepted, to furnish all materials and do all work required to complete the said work in accordance with said specifications in the time and manner therein prescribed, for the unit prices or lump sum price set forth in the following schedules: Accompanying this bid is a ("Cash", "Cashiers Check", "Certified Check" or "Bidders Bond as the case may be), in the amount of $ being an amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Arroyo Grande, and this bid and the acceptance thereof may be considered null and void. It is further understood and agreed that: 1. All bids are to be calculated on the basis of the given estimated quantities of work, as indicated herein, times the unit price as submitted by the bidder. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. 2. The estimated quantities of work indicated in the Bid are approximate only, being used solely as a basis for comparison of bids. 3. No verbal agreement or conversation with any Officer, Agent, or employee of the City, before, during, or after the execution of the agreement shall affect or modify any of the terms or obligations of this Bid. 4. The City of Arroyo Grande will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will bidders be released on account of errors. 5. In case of the undersigned's fault in executing the required contract with necessary bonds within ten (10) days, (not including Sunday and legal holidays), after receiving notice that the contract is ready for signature, the Bidder's Bond accompanying this bid shall become the property of the City of Arroyo Grande. 6. The City will award a Contract based on the aggregate total of the Base Bid and all additive bid items. Individual Schedules listed in the Bid Form may not be awarded for construction and Schedules will be awarded in the order of their appearance as allowed by project fund availability. BID - 2

14 This page intentionally left blank

15 BID SCHEDULE PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW Contractor's Business Name Date BID SCHEDULE Item # Description Qty Unit Unit Price Total Price 1 Mobilization 1 LS 2 Traffic Control 1 LS 3 Demolition of Existing Bubble-Up Drain Inlet 1 LS 4 French Drain with 16 Corrugated HDPE Pipe 450 LF 5 Connect new 16 HDPE Pipe to Existing 14 NRCP Pipe 1 LS 6 Spandrel (122-AG) 350 SF 7 ADA Curb Ramp (Caltrans Type C) 125 SF 8 Sidewalk 400 SF 9 Curb and Gutter (120-AG) 30 LF 10 Through-Curb Drain Connection to New 16 HDPE Pipe 1 LS 11 Connect New 16 HDPE Pipe into Existing Drain Inlet 1 LS 12 Asphalt Concrete Patch (3 ) 25 TN Total Bid in Words: Total Bid Price The undersigned agrees to perform, for the benefit of the City, the Work itemized herein, and in accordance with all City of Arroyo Grande Standard Specifications. All materials and equipment used in the execution of the described work shall comply with all applicable State and Federal codes, regulations and requirements. THE UNDERSIGNED HEREBY DECLARES AND CERTIFIES UNDER THE PENALTY OF PERJURY THAT: Contractor has not, in any way, entered into any agreement or arrangement with any other bidder which is collusive or which might tend to, or does, lessen or destroy free competition in the letting of the contract sought for by these bids. No attempt has been made to induce any other bidder to submit a collusive bid, or to refrain from bidding. No bid has been accepted from any subcontractor which is known by the undersigned to be collusive. All aspects of the contract work have been included within the listed bid items, except that the quantities listed are the Engineer's Estimate. The receipt of the following Contract Addenda is hereby acknowledged: Addendum Number Addendum Number Addendum Number Date: Date: Date: BID - 3

16 This page intentionally left blank

17 Contractor is licensed in accordance with an act providing for the registration of Contractors, said license being in good standing as of the date of this bid. License No.: Expiration Date: I (we) hereby state under penalty of perjury that the above made representations are true and in accordance with the provisions of CB & P Code Section Signature of Bidder: NOTE: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of corporation, where the corporation is chartered, also names of president, secretary, treasurer, and manager thereof. Business Name: Address: Dated:. -- END OF BID PROPOSAL -- BID - 4

18 This page intentionally left blank

19 KNOW ALL MEN BY THESE PRESENTS, BIDDER'S BOND That we, as Principal, and as SURETY, are held and firmly bound unto the CITY OF ARROYO GRANDE, hereinafter called the CITY, in the penal sum of TEN PERCENT (10%) of the TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Arroyo Grande, San Luis Obispo County, California, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of Dollars ($ ). THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Arroyo Grande, San Luis Obispo County, California, for certain construction specifically described as follows, for which bids are to be opened at the office of the City Council Chambers, City of Arroyo Grande, 215 East Branch Street, Arroyo Grande, California 93420, until 2:00 P.M., September 1, 2015, for the PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two (2) adequate bonds with the City of Arroyo Grande, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Oblige and judgment is recovered, the Surety shall pay all costs incurred by the Oblige in such suit, including a reasonable attorney's fee as fixed by the court. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of, AD, (Seal) (Seal) (Seal) (Seal) Surety (Seal) Principal (Seal) NOTE: Signatures of those executing for the surety must be properly acknowledged. -- END OF BIDDER S BOND -- BID - 5

20 This page intentionally left blank

21 CONTRACTORS CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS (To Accompany Contract Bid) The bidder has been engaged in the contracting business, under the present business name, for years. Experience in work of a nature similar to that covered in the proposal extends over a period of years. The bidder, as a Contractor, has never failed to satisfactorily complete a contract awarded, except as follows: The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm, or authority indicated, and to whom reference is made: Year Type of work Contract Amount Location Performed for The following is a list of a plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required: Quantity Name Type and Capacity Condition Location Signed: Title: (Same as for signature on Contract Bid) -- END OF CONTRACTORS CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS -- BID - 6

22 This page intentionally left blank

23 BIDDER INFORMATION SHEET - NOTE: This sheet MUST be completed for each Contractor and Subcontractor All bidders/proposers are required to provide the following information for all DBE and non-dbe contractors, who provided a proposal, bid, quote, or were contacted by the proposed prime contractor. This information is also required from the proposed prime contractor and must be submitted with their bid/ proposal. The City of Arroyo Grande will use this information to maintain and update a Bidder s List to assist in the overall annual Disadvantaged Business Enterprise (DBE) goal setting process required for Federal-aid projects. This information is also being made available to other local agencies for the same purpose. To the extent permitted by law, all information submitted will be held in strict confidence and will not be shared without your consent except as noted above. Contractor: Prime Contractor Subcontractor Supplier Other: Firm Name: Phone: Business Address: Fax: License No and Classification: Years in Business: Contact Person: Is the firm currently certified as a DBE by Caltrans? No Yes Certification Number: Gross Annual Receipts for last year: < $1 million < $5 million < $10 million < $15 million < $15 million Type of work/ services/ materials provided for this job: Contractor Supplier Manufacturer Trucking Broker Other (describe): Contractor Specialty for this job: Industrial Building Construction Flooring Contractors Commercial and Institutional Building Tile and Terrazzo Constructors Water and Sewer Line Construction Finish Carpentry Contractors Oil and Gas Pipeline Construction Other Building Finishing Contractors Power and Communications Site Preparation Contractors Highway, Street, and Bridge Construction All Other Specialty Trade Contractors Other Heavy and Civil Construction General Freight Trucking Poured Concrete Foundation and Structure Architectural Services Structural Steel and Precast Contractors Landscape Architectural Services Framing Contractor Engineering Services Masonry Contractor Drafting Services Glass and Glazing Contractors Building Inspection Services Roofing Contractors Surveying and Mapping Services Siding Contractor Testing Laboratories Other Foundation, Structure, and Exterior Interior Design Services Electrical Contractors Industrial Design Services Plumbing, Heating, and Air-Conditioning Graphic Design Services Other Building Equipment Contractors Other Specialized Design Services Drywall and Insulation Contractors Environmental Consulting Services Painting and Wall Covering Contractor Other Scientific and Technical Services -- END OF BIDDER INFORMATION SHEET -- BID - 7

24 This page intentionally left blank

25 LIST OF SUBCONTRACTORS In accordance with the provisions of Section 4100 et. seq. of the Government Code of the State of California, the bidder shall, in its bid, list the name and place of business of each subcontractor who will perform work or labor or render service to the prime contractor in an amount in excess of one-half of 1 percent of the prime contractor's total bid. Name Under which Subcontractor is Licensed License No. and Classification Address of Office, Mill, or Shop Percent of Total Bid NOTE: Do not list alternative subcontractors for same work. - END OF LIST OF SUBCONTRACTORS - BID - 8

26 This page intentionally left blank

27 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT (STATE OF CALIFORNIA) State of County of I,, being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc.) of the party making the foregoing bid; that such bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company association, organization, or corporation; that such bid is genuine and not collusive or sham; that said 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, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, not to fix any overhead, profit, or cost element of such bid price, nor of that of any other bidder, nor to secure any advantage against the pubic body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or their financial interest with said bidder in his/her general business. Signed: Title: Subscribed and sworn to before me on this day of, 2015 Seal of Notary Notary Public - END OF NON-COLLUSION AFFIDAVIT- BID - 9

28 This page intentionally left blank

29 CONTRACTORS INDUSTRIAL EXPERIENCE CERTIFICATION FORM 5-Calendar Years Prior to Current Year 1. No of contracts 2. Total dollar amount of contracts (in thousands of $) 3*. No. of fatalities 4*. No. of lost workday cases 5*. No. of lost workday cases involving permanent transfer to another job or termination of employment 6*. Number of lost workdays Total Current Year *The information required for these items is the same as required for columns 3 to 6, Code 10 Occupational Injuries, Summary-Occupational Injuries and Illnesses, OSHA No The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Name of Bidder (print) Signature Address State Contractor's License No. & Classification - END OF CONTRACTORS INDUSTRIAL EXPERIENCE CERTIFICATION FORM - BID - 10

30 This page intentionally left blank

31 SPECIAL PROVISIONS

32 This page intentionally left blank

33 SPECIAL PROVISIONS SECTION I GENERAL SPECIFICATIONS GENERAL - The work embraced herein shall be done in accordance with the applicable provisions of the California Building Code, 2012 Edition (CBC), "Greenbook" Standard Specifications for Public Works Construction, 2012 Edition hereafter referred to as "Standard Specifications", and the City of Arroyo Grande Standard Plans, hereafter referred to as "Standard Plans", insofar as the same may apply, and in accordance with the following Special Provisions. DEFINITION OF TERMS - Whenever the following terms are used in the Standard Specifications, they shall be understood to mean and refer to the following: STANDARD SPECIFICATIONS DEFINITIONS: OWNER: BOARD: CITY ENGINEER: CITY OF ARROYO GRANDE CITY COUNCIL OF THE CITY OF ARROYO GRANDE THE DIRECTOR OF PUBLIC WORKS, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Other terms appearing in the Standard Specifications shall be given the intent and meaning specified therein. CONFLICTS - In case of conflict among the various components of the Contract documents, the priority of the Contract components shall be in the following order: 1. Contract 2. Change Orders 3. Special Provisions 4. Technical Provisions 5. Project Plans 6. City of Arroyo Grande Standard Plans 7. California Code of Regulations, Title 24(UBC) 8. "Greenbook" Standard Specifications for Public Works Construction, 2012 Edition 9. Caltrans Standard Specifications, 2010 Edition -- END OF SECTION I -- SP-2

34 This page intentionally left blank

35 SPECIAL PROVISIONS SECTION II SCOPE AND CONTROL OF WORK DESCRIPTION OF THE WORK The project involves the removal of a bubble-up storm drain inlet at the intersection of Platino and Oro Drive, installation of a french drain drain with an 18 PVC pipe adjacent to existing curb and gutter to convey the stormwater flow between the existing system and an existing drain inlet south 450 LF south on Oro Drive. Associated work includes the replacement of a concrete ADA ramp, sidewalk segments, and spandrel; asphalt trench patch; and storm drain tie-ins. BOND AND INSURANCE - Faithful performance and labor and materials bonds shall be in the amount of one hundred percent (100%) of the Contract price submitted on City-provided forms in accordance with the Standard Specifications. Substitution of Securities: Pursuant to Section of the California Public Contract Code (Section of the Public Contract Code for State Agencies), the Contractor may substitute securities for any money held by the Owner to insure performance of the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner or with a State or federally-chartered bank as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to written Contract in accordance with the provisions of Section The Owner shall not certify that the Contract has been completed until at least 45 days after filing by the Owner of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the City. Liability insurance shall name the City of Arroyo Grande and its employees as additional insurers and shall state the policy will not be canceled or materially changed prior to giving thirty (30) days written notice by certified mail, return receipt requested, to the Director of Public Works of the City of Arroyo Grande, California. TIME LIMITS - The award, if made, shall be made within thirty (30) days after the opening of bids. The Contractor shall furnish bonds and insurance, and shall execute the Agreement within ten (10) days of the Notice of Award. The Contractor shall order materials within five (5) days after execution of the Contract by the City, and after a written Notice to Proceed has been issued by the City. The Contractor shall diligently prosecute the completion of said Contract before the expiration of THIRTY (30) CALENDAR DAYS upon the day of issuance of the Notice to Proceed. CONTROL OF WORK - The City Engineer shall decide all questions which may arise as to quality of work, acceptability of materials, and conduct of the work, including, but not limited to, coordination and changes in plans, superintendence of work, control of equipment, and inspection of work. Any person employed who is found by any City Authorized Representative to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work upon request, by the Contractor, and shall not again be employed on the Work. SP-3

36 PRE-CONSTRUCTION MEETING - The Contractor is required to attend a pre-construction meeting with the City, prior to the issuance of a "Notice to Proceed". The meeting will be scheduled at a time mutually acceptable to the Contractor and the City. CONSTRUCTION SCHEDULE - The Contractor shall provide the Engineer with a detailed schedule outlining the procedure to be followed for completion of contract work. The Contractor's schedule shall be submitted and approved by the Engineer prior to performing any work other than preliminary matters such as ordering materials, and setting staging areas. Extensions of the contract period due to delays that do not affect the critical path will not be allowed, if the delay can be accommodated within available float time. INSPECTION - Whenever the Contractor varies the period during which the work is performed each day, Contractor shall give twenty-four (24) hours notice to the Engineer so that the proper inspection may be provided and approval obtained, if necessary. Any work done in the absence of the City representative will be subject to rejection by the City. GUARANTY - The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of final completion. The Contractor warrants and guarantees for a period of one (1) year from the date of final acceptance of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damages to other parts of the system resulting from such defects. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be necessary by such defects the City may do so and charge the Contractor the cost thereby incurred, as well as an administrative fee of an additional 20% of the cost thereby incurred by the City. The Performance Bond shall remain in force and effect through the guarantee period. HOURS OF WORK - Contractor shall only be allowed to perform work between the hours of 8:00 AM and 5:00 PM. Hours of work may be modified, only if approved in writing by the City Engineer or authorized City representative 48 hours prior to the affected workday (s). WORKING DAYS - Unless approved by the City Engineer, the Contractor shall restrict his activities on non-working days. On non-working days, the Contractors activities shall normally be restricted to the control of the site, maintaining a safe site, traffic control, dust control, and similar activities. Non-working days are: - Saturdays and Sundays, - City Holidays and Special Events. - Any day listed as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a Contractors Association. - Any day the Contractor is prevented from working for the first 5 hours with at least 60 percent of the normally assigned work force for the causes listed in Section of the Standard Specifications. When the Contractor schedules work on non-working days, the Contractor shall be responsible for the overtime costs incurred by the City for inspections or other related activities, unless such schedule was requested by the City Engineer. -- END OF SECTION II -- SP-4

37 SPECIAL PROVISIONS SECTION III CONTRACT CHANGES GENERAL - When changes in work are required or initiated by the Contractor or the City of Arroyo Grande, the procedures in Section 3 of the Standard Specifications shall govern. EXTRA WORK - New or unforeseen work will be classified as Extra work when the City determines that it is not included in the Contract scope of work. Extra work shall be processed in one of the following methods: Unit Price Minor adjustments to the bid quantities shall be performed at the established unit prices. In the event that actual quantities deviate from the estimated bid quantities by more or less than 25%, the unit prices may be adjusted by a formal Contract Change Order. Agreed Price In instances where there are not established unit prices, the City will issue a Request for Quote (RFQ) to the Contractor. The RFQ will detail the changes in scope of work and request a detailed cost estimate for all material, labor, and equipment including all specified markups. Upon satisfactory review, the City will issue a Contract Change Order (CCO) for the Contractor s signature. No work shall be performed prior to signature and approval of the CCO. Force Account At the sole discretion of the City Representative, work may be directed at Force Account. The City will issue a Field Directive to the Contractor specifically defining the scope of the extra work involved, the timing of the work, and any other information deemed necessary to satisfactorily perform the extra work. All work performed by the Contractor shall be performed in the presence of an authorized City Representative and shall not begin until receipt of a formal Field Directive. The City will track the work performed and issue a Daily Extra Work Report for the Contractor s signature for each day that the work is performed. The Daily Extra Work Report shall be mutually verified and signed by both the Contractor and City Representative at the end of each workday. The Daily Extra Work Reports shall become the basis of payment for the work performed. Following completion of the extra work, the City will incorporate the applicable Daily Extra Work Reports into a formal Contract Change Order. CONTRACT CHANGE ORDERS - The City shall issue all Contract Change Orders for the Contractor s signature. Change Orders shall be in writing and state the dollar value of the change, the established method of payment, and any adjustments to the Contract Time. Standard markups shall be as follows: Work by Contractor - The following percentage shall be added to the Contractor s cost and shall constitute the markup for all overhead and profits: Labor 20 Materials 15 Equipment Rental 15 Other Items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, one percent shall be added as compensation for bonding. SP-5

38 Work by Subcontractor - When all or any part of the extra work is performed by a Subcontractor, the markup established in Subsection (a) shall be applied to the Subcontractors actual cost of such work, to which a markup of 10 percent on the first $2,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $2,000 of the subcontracted portion of the extra work. DISPUTED WORK - The Contractor, when directed by the Engineer to proceed with disputed work, shall submit a protest letter to the City, which specifies the work performed and the resulting itemized cost for the work. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Standard Specification Section END OF SECTION III -- SP-6

39 SPECIAL PROVISIONS SECTION IV CONTROL OF MATERIALS GENERAL - Control of materials and workmanship required to complete the work, including, but not limited to, the sources, handling, storage, testing and rejection, shall be in accordance with Section 4 of the Standard Specifications. All materials, tools, equipment, and incidentals required to complete the work under this Contract shall be furnished by the Contractor unless otherwise stated on the plans. Payment for materials, tools, equipment, and incidentals shall be included in the other items of the bid. All materials, parts, and equipment furnished by the Contractor in the work shall be new, high-grade, and free from defects. Quality of work shall be in accordance with generally accepted standards. Material and work considered defective will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at his expense, when so directed by the Engineer. STORAGE OF MATERIALS AND EQUIPMENT - The storage of materials and equipment shall be approved by the Engineer prior to the start of construction. The Contractor shall be responsible for cleanup of storage sites to the satisfaction of the Engineer. The storage of said equipment and material shall be at the exclusive risk of the Contractor and he shall pay for all costs for any loss or damages resulting from the storage. Payment for storage of materials and equipment shall be considered as included in those contract items which include such work and there shall be no separate payment therefore. CONSTRUCTION WATER - The Contractor is responsible for providing construction water as required for the work and in accordance with the Technical Provisions. For the Contractor's convenience, nonpotable water is available free of charge at the City Corporation Yard. The Contractor shall make arrangements with the City Water Department 24 hours prior to beginning of work. The Contractor is responsible for coordinating with the City Community Development for access to potable water. The Contractor shall notify the City Water Department 24 hours prior to beginning construction. OPERATING WATER VALVES - The Contractor is not allowed to operate any water valves which are a part of the City's operating water system. Only the City's Construction Inspector or authorized City representative is allowed to operate the valves. In the event the Contractor operates the valves, and the City's water system is contaminated or otherwise damaged due to their action, the Contractor shall be responsible for all expenses incurred by the City to have the contaminated system brought in to compliance with State and City standards, and also in providing potable water to customers serviced by the infected system. -- END OF SECTION IV -- SP-7

40 This page intentionally left blank

41 SPECIAL PROVISIONS SECTION V EXISTING UTILITIES GENERAL - The Contractor shall be responsible for contacting all utility companies and/or utility districts as to location and/or relocation of existing utilities prior to construction. The Contractor shall contact Underground Service Alert [USA], Telephone , a minimum of (10) days prior to any excavation. A reasonable effort has been made to locate and delineate all known underground utilities. The Contractor is cautioned that only excavation will reveal the types, extent, sizes, locations, and depths of such underground utilities. However, the City assumes no responsibility for the completeness or accuracy of the delineation of such underground utilities, or for the existence of other buried objects or utilities which are not shown on these drawings. The Contractor is hereby notified that, prior to commencing construction, the Contractor is responsible for contacting the utility companies involved, and requesting a visual verification of the locations of their underground facilities. Where such facilities may possibly conflict with the placement of improvements as shown on these improvement plans, the Contractor shall notify the Engineer of the scheduled time and place of such visual verification to enable the Engineer to have a representative present. Should a conflict become apparent, the Engineer will contact the parties responsible for the relocation of the conflicting facility. The Contractor shall be responsible for locating, protecting, adjusting, and re-exposing all utility covers, survey monuments covers, concrete curbs, gutters, sidewalks and cross gutters in Work areas. The Contractor is responsible for any damage to underground or above ground utilities, which may be incurred as a result of any work performed by him under this contract, regardless of the fact that the utilities' existence was known or unknown. -- END OF SECTION V -- SP-8

42 This page intentionally left blank

43 SPECIAL PROVISIONS SECTION VI PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK GENERAL - The Contractor's prosecution, progress, and acceptance of the work shall be in accordance with Section 6 of the Standard Specifications and these Special Provisions. All of the Contractors equipment shall be removed from streets on weekends, City holidays, and other nonworking days. PROGRESS AND PROSECUTION - Contractor will be notified in writing if, at the opinion of the City, any portion of the work is not diligently pursued. After such notification, the City reserves the right to have said work performed by others after five calendar days and payment for such work will be deducted from the Contract bid price. Contractor shall fully cooperate with work to be performed by other forces and no time delays shall be attributed to work performed by others. SUBLETTING AND ASSIGNMENTS - The Contractor's attention is directed to Section 2 of the Standard Specifications which provides that the Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the work under his control. No Subcontractor will be recognized as in such control, and all persons engaged in the work of construction will be considered as employees of the Contractor. BEGINNING OF WORK - The Contract time shall commence upon the day of issuance of a Notice to Proceed. The work shall be diligently prosecuted to completion within THIRTY (30) CALENDAR DAYS after the Notice to Proceed. LIQUIDATED DAMAGES - The Contractor and City agree that in case all the work called for under the Contract and related documents is not completed within the time limit set forth above, damage will be sustained by the City and that it is and will be impracticable to determine the actual damage sustained by the City in the event of and by reason of such delay; it is therefore agreed that the Contractor shall pay to the City of Arroyo Grande the sum of Five-Hundred Dollars ($500.00) per day for each and every calendar days delay in finishing the work in excess of the number of calendar days prescribed above. CONTRACT TIME EXTENSIONS - The Contractor shall submit in writing any request for extension of time, regardless of the reason for the delay. Requests shall be in the form of a Change Order, specifying the reason for the extension, and may be submitted individually or with monthly Progress Payment estimates. In all cases, the requests shall be submitted within thirty (30) days of the delay. Requests submitted after thirty (30) days will be rejected by the City. The City will respond in writing to the Contractor's contract time extension requests within thirty (30) days of submittals. TESTING AND INSPECTION - Before beginning work, Contractor shall contact the Community Development Department. Contractor shall coordinate the following with the Community Development Department: 1) scope of work to be inspected and by whom, 2) scope of testing and by whom, and 3) advance notice required (minimum of 48 hours). During the course of work, Contractor shall be responsible for calling for testing and inspection as stipulated pursuant to above determinations. Contractor shall notify the Community Development Department 48 hours in advance of commencing construction and to request inspection at (805) Work not properly tested and inspected will be subject to rejection. SP-9

44 ACCEPTANCE - The maintenance of all facilities installed or modified during the execution of this Contract shall be the responsibility of the Contractor until the work is accepted in writing by the City. Acceptance of the work will be in accordance with Section 6-8 of the Standard Specifications. -- END OF SECTION VI -- SP-10

45 SPECIAL PROVISIONS SECTION VII RESPONSIBILITIES OF THE CONTRACTOR GENERAL - The Contractor's attention is directed to Section 7 of the Standard Specifications and to the requirements therein having application to this Contract and these Special Provisions. LABOR - The Contractor's attention is directed to the provisions and penalties applicable to workers permitted to labor more than eight (8) hours in a calendar day, to labor discrimination and to employment of an alien laborer. PREVAILING WAGES - Pursuant to the Provisions of Section 1770 to 1780 of the Labor Code of the State of California, the City of Arroyo Grande has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, apprenticeship standards, and similar purposes in the City to be as set forth in the Notice to Contractors. WEIGHT OF VEHICLES - The provisions of Section 35551, Ratio to Length, of the State of California Vehicle Code will be enforced on the project. TRAFFIC AND ACCESS - Traffic control shall be in accordance with Section 7-10 of the Standard Specifications except as herein specified. Except as specifically allowed herein, the Contractor shall not close any City Streets, or use City streets to detour traffic without obtaining written approval via the Traffic Control Plan submittal process. The Contractors' traffic control system shall consist of closing or rerouting traffic lanes as specified herein and in accordance with the provisions of Section "Public convenience, Section "Public Safety", and Section 12 "Construction Area Traffic Control Devices" of the Caltrans Standard Specifications, and the provisions of Section 7-10 of the Standard Specifications. Traffic control devices required to control the movement of traffic through the construction sites shall be furnished, placed, and maintained by the Contractor in accordance with an approved traffic control plan, or plans. The Contractor shall submit the Traffic Control Plan, or plans, to the Engineer for approval prior to start of construction. The Traffic Control Plan shall be accepted by the Engineer before work can proceed. Any street closures must be shown on the traffic control plan and are subject to approval by the Engineer. The Contractor shall furnish, place, and maintain such devices necessary to provide safe passage for the traveling public through the construction sites, as well as for the safeguard of the workers. The Contractor shall furnish, place and maintain such devices in accordance with the "MANUAL ON TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 2012 EDITION", published by the State of California, Department of Transportation (Caltrans). The provisions shall not relieve the Contractor from the responsibility to provide such additional devices as are necessary for public safety. All components of the traffic control system shall be maintained in good working order and function at all times. If any component of the traffic control system is damaged, displaced, or ceases to operate or function as specified, the Contractor shall immediately repair such device to its original location. SP-11

46 When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed, except portable delineators placed along open trenches or excavations alongside the traveled way or shoulder. The Contractor shall conduct his operations so as to provide reasonable access to the adjacent properties and on-street parking, and have no greater length or quantity of work under construction than he can properly prosecute with a minimum of inconvenience to the public and other Contractors engaged in adjacent or related work. Failure of the Contractor to provide the necessary type, size, and amount of signs, barricades, pedestals, flashes and delineators per the approved traffic control plan shall be just cause to stop the Contractor's work until such time that the Contractor complies with the approved traffic control plan. No additional Contract time or compensation shall be allowed for these delays. Any action on the part of the Engineer in directing the Contractor's attention to inadequacies of the required devices and services, or any action of the City to alleviate the Contractor's inadequacies, shall not relieve the Contractor from the responsibility for public safety or abrogate his obligation to provide and maintain these devices and services. If the City is required to alleviate said condition, the actual charges incurred by the City for such work will be deducted from the contract payments to the Contractor. Compensation for all work to provide for the public safety and Traffic Control shall be included in each respective Bid Schedule bid price, and there shall be no separate payment therefore. SIGNAGE AND OTHER DEVICES - The Contractor shall furnish, place, maintain, and remove all signage needed for maintaining public safety and controlling traffic. Such signage shall include, but not be limited to: Construction area signs in accordance with Caltrans Section and Barricades in accordance with Caltrans Section Portable delineators in accordance with Caltrans Section The portable delineators shall be spaced as necessary for proper delineation. The spacing between delineators shall not exceed twenty-five (25) feet on tangents or fifteen (15) feet on curves or as directed by the Engineer. If the portable delineators are damaged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The use of traffic cones, while not intended to delineate, will be subject to the approval of the Engineer Portable flashing beacons in accordance with Caltrans Section Flashing beacons shall be used to alert traffic approaching hazards in the hours of darkness. The system of traffic delineation shall be consistent in the type and use of delineators. The type of portable delineator proposed for this Project shall be submitted to the Engineer for approval prior to its placement on the construction site. The Contractor will be responsible for placement of "No Parking/Tow Away" signs at least 48 hours prior to the beginning of work. The signs will be dated for the effective dates of the parking restriction. Parking will normally be restricted for one day; however, those streets scheduled at the end or beginning of a day may be restricted for two days. Parking may also be restricted for the sweeping, marking and marker installation operations. The Contractor is responsible to check the signing at least daily to insure that the signing remains for two full days prior to the schedule work. SP-12

47 The Contractor shall coordinate with the Arroyo Grande Police Department to have vehicles towed away that are parked in the work areas that have been properly posted. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, in accordance with the Manual on Uniform Traffic Control Devices. Compensation for all work to provide for Signage and Other Devices shall be included in the Contract Lump Sum bid, and there shall be no separate payment therefore. RESIDENT/BUSINESS NOTIFICATION - The Contractor shall be responsible for City approved notification of all adjacent property owners and for the posting of all streets for no parking on the day(s) work is to be scheduled. A written notification for the work for the work to be accomplished and the dates that the work is scheduled will be delivered to each adjacent property 7 days prior to the start of work. If the occupant is not home/open, the notice will be left on the door, NOT IN MAIL BOXES! Compensation for all work to provide Resident/Business Notification shall be included in the Contract Lump Sum bid, and there shall be no separate payment therefore. PROJECT SITE MAINTENANCE - The Contractor's attention is directed to Section 7-8 of the Standard Specifications concerning clean air and dust control. At times requested by the City and prior to accepting the project as complete, the Contractor shall clean all streets, gutters, and sidewalks affected by his operations. JOB SITE HEALTH AND SAFETY The Contractor shall be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the Work. Health and Safety Plan - The Contractor shall be responsible for accident prevention and safety in the performance of the work, and shall be governed by the requirements of this paragraph in all operations at the site of the work. The Contractor shall establish, implement, and maintain a written site specific Injury and Illness Prevention Program (IIPP). The IIPP shall incorporate the requirements of Title 8 of the California Administrative Code. The Contractor shall post a copy of the IIPP in a prominent location at the site of the Work or the site supervisor will maintain a copy of the IIPP in his possession at all times during work. Full compensation for conforming to Project Site Maintenance and site Health and Safety requirements shall be considered as included in the contract price paid for the contract items of work that require such work and no separate payment will be allowed therefore. -- END OF SECTION VII - SP-13

48 This page intentionally left blank

49 SPECIAL PROVISIONS SECTION VIII MEASUREMENT AND PAYMENT GENERAL - The Contractor's attention is directed to Sections 3 and 9 of the Standard Specifications, which include procedures for determination of payments, compensation for extra work, disputed work, partial payments, and final payments. When timely payment requests are made, progress payments and final payments shall be paid monthly, with ten percent (10%) retention per Section of the Standard Specifications. Payment for individual bid items shall include payment for obtaining bonds, insurance, and necessary permits, as well as, providing an approved construction schedule in accordance with Special Provision, Section II Scope and Control of Work, providing and maintaining traffic control measures and resident notification, in accordance with Special Provision, Section VII Responsibilities of the Contractor. BID ITEM PAYMENT Payment for the bid items shall include the following: Bid Item No. 1 Mobilization Payment shall be the lump sum (LS) price to perform the following: Obtaining all required insurance, bonds, licenses and permits, Staging and delivery of equipment and materials. Preparing and Implementing Stormwater Pollution Prevention Plan (SWPPP), Cleanup and site housekeeping, Any incidental work necessary to properly mobilize labor, equipment and materials. Bid Item No. 2 Traffic Control Payment shall be the lump sum (LS) price to perform the following: Furnishing, installing, and maintaining all temporary traffic control devices in accordance with the requirements MUTCD. Any incidental work necessary to properly plan, prepare, and execute traffic control measures. \ Bid Item No. 3 Demolition Payment shall be the lump sum (LS) price to perform the following: Demolish existing bubble-up drain inlet; concrete sidewalk, spandrel, curb & gutter; and asphalt. Transportation and legal disposal of demolished materials, Protection of work area, Any incidental work necessary to provide the complete demolition within the defined areas. SP-14

50 Bid Item No. 4 Gravel Drain (French Drain) Pipe Installation Payment shall be for each linear foot (LF) unit price to perform the following: Furnish all materials, equipment, and incidentals required to install gravel drain pipe. Staging and delivery of equipment and materials. Excavation and installation of fabric, 18 HDPE pipe gravel drain rock, backfill and compaction. Any incidental work necessary to provide a complete french drain system. Bid Item No. 5 Connection to existing storm drain Payment shall be a lump sum (LS) price to perform the following: Furnish all materials, equipment, and incidentals required to connect new 18 HDPE pipe to existing 14 NRCP storm drain pipe. Any incidental work necessary to provide a complete the sewer later reinstatement. Bid Item No. 6 - Spandrel (including curb and gutter) Payment shall be for each square foot (SF) unit price to perform the following: Furnish all materials, equipment, and incidentals required remove and replace existing spandrel, curb and gutter. Staging and delivery of equipment and materials. Any incidental work necessary to provide a complete installation of a cured-in-place-pipe and reinstate service connections. Bid Item No. 7 ADA Curb Ramp (Caltrans Type C) Payment shall be for each square foot (SF) unit price to perform the following: Furnish all materials, equipment, and incidentals required remove and replace existing ADA curb ramp with a Caltrans Type C ADA ramp. Staging and delivery of equipment and materials. Any incidental work necessary to provide a complete installation. Bid Item Nos. 8 Sidewalk Payment shall be square foot (SF) to perform the following: Sawcutting concrete Removal and legal disposal of concrete Construction of new sidewalk segments in accordance with City of Arroyo Grande Standards 113- AG and 115-AG. Any incidental work necessary to complete the work associated with this item. Bid Item No. 9 Curb and Gutter Payment shall be linear foot (LF) to perform the following: Sawcutting concrete and adjacent asphalt Removal and legal disposal of concrete and asphalt Construction of new curb and gutter section in accordance with City of Arroyo Grande Standard 120-AG. Any incidental work necessary to complete the work associated with this item SP-15

51 Bid Item No. 10 Through-Curb Connection to New 18 HDPE Pipe Payment shall be a lump sum (LS) price to perform the following: Furnish all materials, equipment, and incidentals required to connect two existing throughcurb drains directly into the 18 HDPE pipe. Any incidental work necessary to provide a complete the sewer later reinstatement. Bid Item No. 11 Connection of New 18 HDPE Pipe to Existing Storm Drain Inlet Payment shall be a lump sum (LS) price to perform the following: Connect new gravel drain and 18 HDPE Pipe to existing storm drai inlet. Any incidental work necessary to provide a complete the sewer later reinstatement. Bid Item No. 12 Asphalt Concrete Trench Patch Payment shall be for each ton (TN) unit price to perform the following: Furnish all materials, equipment, and incidentals required to replace a 3 thick section of asphalt concrete over gravel drain trench, ADA curb ramp, and spandrel. Staging and delivery of equipment and materials. Asphalt paving. Any incidental work necessary to provide a complete the sewer later reinstatement. -- END OF SECTION VIII-- SP-16

52 This page intentionally left blank

53 SPECIAL PROVISIONS SECTION IX INSURANCE REQUIREMENT AND INDEMNIFICATION GENERAL - The Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder, by the Contractor, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor's bid. MINIMUM SCOPE OF INSURANCE - Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ("Occurrence, Form CG- 0001). 2. Insurance Services Office Commercial General Liability Endorsement Form (ISO CG ). 3. Insurance Services Office Form Number CA-0001 (ED. 1/78), covering Automobile Liability, Code 1, "Any Auto, and endorsement CA Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance; 5. Course of Construction insurance covering for all risks of loss. MINIMUM LIMITS OF INSURANCE - The Contractor shall maintain limits no less than: General Liability: Automobile Liability; Workers' Compensation: Employers' Liability: One Million Dollars ($1,000,000.00) combined single-limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; One Million Dollars ($1,000,000.00) combined single-limit per accident for bodily injury and property damage; As required by the State of California; One Million Dollars ($1,000,000.00) per accident for bodily injury or disease; Course of Construction: Completed value of the Project. DEDUCTIBLES AND SELF-INSURED RETENTION - Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officials and employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS - The policies are to contain, or to be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverage: 1) The City, its officials, employees, agents and volunteers; are to be covered as insured as respects liability arising out of activities performed by or on behalf of the Contractor, including but not limited to blanket contractual liability, broad form property damage, explosion, collapse SP-17

54 and underground hazard coverage, products and completed operations of the Contractor, or premises owned, leased or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, agents and employees of Contractor and arising out of or in connection with the work which is the subject of this Contract. 2) The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, agents or volunteers; shall be in excess of the Contractor's insurance, and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers, 4) Coverage shall state that the Contractor's insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the limits of the insurer's liability. Course of construction policies: 1) The City of Arroyo Grande shall be named as loss payee; 2) The Insurer shall waive all rights of subrogation against the City. Workers' Compensation and Employers' Liability Coverage: All Coverage: 1) The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents, and volunteers for losses arising from work performed by the Contractor for the City. 1) Each insurance policy required by this Section shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is accepted by the City. Each insurance policy required by this Section shall be endorsed using ISO Form (CG ) to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested has been given to the City. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers with a Best Rating of no less than A: V, and who are admitted to write policies in the State of California and contribute to the state guaranty fund. VERIFICATION OF COVERAGE - Contractors shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this Section (actual policy). The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City and are to be received and approved in writing by the City before work commences. The City reserves the right to SP-18

55 require complete, certified copies of all insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. SUBCONTRACTORS - The Contractor shall include all Subcontractors as named insured under his policies, or shall furnish separate certificates and endorsements for each Subcontractor. All coverage for Subcontractors shall be subject to all of the requirements stated herein. INDEMNIFICATION - The Contractor shall indemnify, defend, and hold harmless the City, and its officers, officials, employees and agents, from and against any and all claims asserted, liability, loss, damage, expense, costs (including without limitation costs and fee of litigation) of every nature arising of, directly or indirectly, or in connection with this Contract or the acts or omissions of Contractor, contractor's subcontractors, employees, representatives, agents and invitees including, but not limited to, performance of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or damage which was caused by the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such liability, loss, damage, expense or cost. The Contractor agrees that the use of any and all public streets and improvements which are part of or subject to this Contract shall be at all times, prior to the final acceptance by the City, the sole and exclusive risk of the Contractor. The Contractor further specifically agrees that he shall indemnify and hold the City free of any liability for any accident, loss, or damage to the work, which is the subject of this Contract prior to its completion and acceptance by the City. -- END OF SECTION IX -- SP-19

56 This page intentionally left blank

57 SPECIAL PROVISIONS SECTION X GENERAL REQUIREMENTS CONSTRUCTION SURVEYING - The Contractor's attention is directed to Section 2-9.4, "Lines and Grades," of the Standard Specifications and these Technical Provisions. 1. Construction stakes or marks shall be set by the Contractor as is necessary to establish the lines and grades required for the completion of the work specified in these technical provisions and as shown on the contract plans. 2. It shall be the responsibility of the Contractor to ascertain that all lines and grades, as laid out according to the stakes, conform to the plans and any discrepancy shall be reported to the Engineer. The Contractor shall be responsible for any error in the finished work as it relates to construction staking. 3. The Contractor shall preserve all stakes and points set for lines, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid for by the Contractor. 4. Centerline monuments within the area to be paved are shown on the plans. The City shall establish reference ties to centerline monuments. Install monument wells and pipes, brass caps, per City Standard. The Contractor shall also file the corner records with the County Surveyor. 5. The Contractor shall protect all other centerline monuments and property corners during construction. Any monuments or corners which are disturbed by the contractor s activities shall be reestablished by the contractor. The Contractor shall also be responsible for recording such reestablishment. CONSTRUCTION SCHEDULE - The Contractor shall coordinate his work to minimize disruptions to the surrounding neighborhoods and community. The Contractor shall submit a construction schedule for the Engineer s favorable review within five (5) days of the Notice to Proceed. The schedule shall be a CPM (critical path method) clearly detailing the sequencing, type, and duration for each activity and clearly identify the critical path activities. The schedule shall also include the procurement, delivery, installation, and completion of each major equipment and material requirement, as well as the lead time required for testing, inspection and other procedures required prior to acceptance of the work within the specified Contract Time. ORDER OF WORK - The Contractor shall submit to the City the order of work proposed for this project. The cost of complying with the order of work shall be considered appurtenant to the various bid items within the Contract, and there shall be no separate payment allowed therefore. WEEKLY PROGRESS MEETINGS - when requested by the Engineer, the Contractor shall attend weekly progress meetings. The meetings shall be attended by the Contractor s Field Supervisor and Project Manager. The cost of attending the weekly meetings shall be included as overhead contained within the various bid items, and there will be no separate compensation therefore. SP-20

58 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Contractor s Responsibilities - The Contractor shall submit, at its own expense, all required information and materials required by the technical specifications. All submittals and supporting data, catalogs, schedules, etc. shall be submitted as the instruments of the Contractor who shall be solely responsible for their accuracy and completeness and coordination. Such responsibility shall not be delegated in whole or part to subcontractors or suppliers. These submittals may be prepared by the contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of installation. Designation of work by others, if shown in submittals, shall mean that the work will be the responsibility of the contractor rather than the subcontractor or supplier who prepared the submittals. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where its submittal may affect the work of another contractor or the City. The contractor shall ensure coordination of submittals among the related crafts and subcontractors. Transmittal Procedures 1. Transmittal Form - A separate transmittal form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer s package or are so functionally related that expediency indicates checking or review of the group of package as a whole. The specification section to which the submittal is related shall be indicated on the transmittal form. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: XXX, where XXX is the sequential number assigned by the Contractor. Resubmittals shall have the following format: XXX-Y, where XXX is the originally assigned submittal number and Y is a sequential letter assigned for resubmittals, i.e., A, B, or C being the first, second and third resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of Submittal Deviation from Contract - If the submittals show any deviations from the contract requirements, the Contractor shall submit with the submittals a separate written description of such deviations and the reasons therefore. If the City accepts such deviation, the City shall issue an appropriate contract change order. However, if the deviation is minor, or does not involve a change in price or in time of performance, a change order need not be issued. If any deviations from the contract requirements are not noted on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations. 3. Submittal Completeness - The Contractor shall check all submittals before submitting them to the Engineer and shall certify on the transmittal letter and on each shop drawing that they have been checked, are in compliance with the Plans and Specifications, and all deviations from the contract requirements are noted. If the Contractor submits and incomplete submittal, the submittal will be returned to the Contractor without review. A complete submittal shall contain sufficient data to demonstrate that the items comply with the specifications, shall meet the minimum requirements for SP-21

59 submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer at least by the second submission of the data. The City reserves the right to deduct monies from payments due the contractor to cover additional costs of review beyond the second submission. Review Procedures - Submittals shall be submitted to the Engineer for review and returned within twenty (20) working days after receipt. Review of submittals by the Engineer has as its primary objective the completion of a project in full conformance with the contract plans and specifications, unmarred by field corrections and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the contractor in the procurement of equipment that will meet all requirements of the project plans and specifications, will fit the structures detailed on the plans, will be completed with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility. After review by the Engineer of each of the Contractor s submissions, the material will be returned to the Contractor with actions defined as follows: a) No Exceptions Taken (re-submittal not required) - Accepted subject to its compatibility with future submissions and additional partial submissions for portion of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. b) Make Corrections Noted (re-submittal not required) - Same as (a), except that minor corrections as noted shall be made by the Contractor. c) Revise and Resubmit (re-submittal required) - Rejected because of major inconsistencies or errors, which shall be resolved or corrected by the Contractor prior to subsequent review by the Engineer. d) Not Acceptable (complete re-submittal) - Submittal material does not conform to the plans and specifications in major respect, i.e., wrong size, model, capacity, or material. Items a and b above (no re-submittal required) are considered favorable review. Items c and d above (correction and re-submittal required) are considered unfavorable review. It shall be the Contractor s responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors. Affect of Review of Contractor s Submittals - The Engineer s favorable review of submittals shall be obtained prior to the fabrication, delivery, and construction of items requiring submittal review. Favorable review of submittals does not constitute a change order to the contract requirements. -- END OF SECTION X -- SP-22

60 This page intentionally left blank

61 TECHNICAL PROVISIONS

62 This page intentionally left blank

63 TECHNICAL PROVISIONS SECTION I TRAFFIC CONTROL A. GENERAL Traffic Control shall consist of furnishing, placing and maintaining such devices necessary to provide safe passage for the traveling public through the construction sites, as well as for the safeguard of the workers. B. MEASUREMENT AND PAYMENT Payment for Traffic Control shall be made at the Contract Lump Sum Price, which price shall constitute full compensation for all involved work, including but not limited to: o o o Providing a traffic control plan and phasing plan, Providing all additional traffic control not shown on the traffic control plans, but which may be needed to execute the work on the project, including installing, maintaining, and removing all required traffic control devices including but not limited to signs, temporary markers and markings, delineators, K-Rail, flashers, and barricades, The full cost of flaggers when required, and all other incidental work necessary to provide Traffic Control complete, in place, and in accordance with the Contract Documents and the Project Traffic Control Plan. Payment shall be based on the quantity of work completed prior to the submittal of each progress payment. -- END OF SECTION I -- TP-1

64 This page intentionally left blank

65 TECHNICAL PROVISIONS SECTION II CORRUGATED HDPE PIPE A. GENERAL This specification describes 4- through 60-inch (100 to 1500 mm) pipe (per ASTM F2648) for use in gravity-flow land drainage applications. Pipe Requirements pipe (per ASTM F2648) shall have a smooth interior and annular exterior corrugations. 4- through 60-inch (100 to 1500 mm) shall meet ASTM F2648. Manning s n value for use in design shall be Joint Performance Pipe shall be joined using a bell & spigot joint meeting ASTM F2648. The joint shall be soil-tight and gaskets, when applicable, shall meet the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. Fittings Fittings shall conform to ASTM F2306. Bell and spigot connections shall utilize a spun-on or welded bell and valley or saddle gasket meeting the soil-tight joint performance requirements of ASTM F2306. Material Properties Material for pipe production shall be an engineered compound of virgin and recycled high density polyethylene conforming with the minimum requirements of cell classification C, (ESCR Test Condition B) for 4- through 10-inch (100 to 250 mm) diameters, and C, (ESCR Test Condition B) for 12- through 60-inch (300 to 1500 mm) diameters, as defined and described in the latest version of ASTM D3350, except that carbon black content should not exceed 4%. The design engineer shall verify compatibility with overall system including structural, hydraulic, material and installation requirements for a given application. Perforations Perforated pipe will be used to accelerate the removal of subsurface water in soils or to allow storm water to percolate into the soil. Perforations shall be at 60-degree pattern. Number of holes around circumference will vary by manufacturer based on diameter and region. Perforations shall conform to AASHTO M294. Class II perforations shall be located in the outside valleys of the corrugations, be circular and/or slotted and evenly spaced around the circumference and length of the pipe. The perforations shall be located in the outside valleys of the corrugations. The water inlet area shall be no less than in2/ft (20 cm2/m) for pipe diameters 4- through 10-inch ( mm), 1.42 in2/ft (30 cm2/m) for pipe diameters 12- through 18-inch ( mm) and 1.89 in2/ft (40 cm2/m) for pipe diameters larger than and equal to 24 inches (600 mm). Perforation Type shall be circular with Maximum diameter of and Minimum inlet area of 1.5 in 2 /ft Installation Installation shall be in accordance with ASTM D2321 and manufactures published installation guidelines, with the exception that minimum cover in trafficked areas for 4- through 48-inch (100 to 1200 mm) diameters shall be one foot (0.3 m), and for 60-inch (1500 mm) diameters, the minimum cover shall be 2 ft TP-2

66 (0.6 m) in single run applications. Backfill for minimum cover situations shall consist of Class 1 (compacted), or Class 2 (minimum 90% SPD) material. Maximum fill heights depend on embedment material and compaction level; please refer to Technical Note B. MEASUREMENT AND PAYMENT Payment for Corrugated HPE Pipe shall be made at the Contract Linear price and shall constitute full compensation for all involved work, including but not limited to: o o o o o Saw cutting existing roadway section Excavation Purchasing and placement of fabric Purchasing and placement of pipe Backfill of trench. -- END OF SECTION II -- TP-3

67 CONTRACT DOCUMENTS CON-1

68 This page intentionally left blank

69 CONTRACT for the Construction of: PLATINO LANE & ORO DRIVE INTERSECTION DRAINAGE IMPROVEMENTS PROJECT NO. PW THIS AGREEMENT, made and entered into this day of, 2015, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California, hereinafter designated City, party of the first part, and, hereinafter designated as Contractor, party of the second part, WITNESSETH: That the parties hereto do mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees with City to furnish all materials, equipment and labor and construct facilities for City, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and described in the specifications hereto attached, and to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefore, except such materials as in the said specifications are stipulated to be furnished by City, and to do everything required by this Contract and the said specifications and plans, and the requirements of the Engineer under them, to wit: CONTRACT SCHEDULE Item # Qty Unit Description Unit Price Total Price A-1 1 LS Traffic Control A-2 1,990 LF Taper Grind (6') A-3 14,428 SF Asphalt Concrete Dig-Outs A TON Preleveling A-5 44,320 SF Pavement Fabric A TON Asphalt Concrete Overlay A-7 10 EA Manhole Adjustment to Grade A-8 12 EA Replace Valve Well A-9 2 EA Replace Monument Well A-10 1 LS Pavement Markings (TWO-COAT PAINT) A-11 1 LS Pavement Markers Total Contract Price Total Contract Price in Words: CON-2

70 ARTICLE II. For furnishing all said equipment, materials and labor, performing demolition as required, and doing all the work contemplated and embraced in this Contract; and for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said specifications are expressly stipulated to be borne by City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications and in accordance with the requirements of the City Engineer under them, City will pay and Contractor shall receive as full compensation therefore the amounts for such work as installed for the unit prices bid therefore in accordance with the proposal of Contractor. ARTICLE III. City hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to full performance of the covenants herein contained. ARTICLE IV. Contract Documents shall consist of The Notice to Contractors, the Statement of Prevailing Wages, the Bid Requirements, the Contract Bid, the Bond for Faithful Performance, the Bond for Materials and Laborers, the Contract Agreement, the Standard Specifications, the Technical Specifications, the Special Provisions and the Project Plans mentioned therein and titled Platino Lane and Oro Drive Intersection Drainage Improvements, Project PW , all of which are hereto attached are hereby incorporated in and made a part of this Contract. ARTICLE V. Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a labor and materials bond in an amount equal to 100% of the contract price, both bonds to be written by a surety company acceptable to City and in the form prescribed by law. ARTICLE VI. Should any of the materials or equipment prove defective or should the work prove defective due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after date on which the work called for in this Contract is accepted by City, the undersigned agrees to reimburse City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any work necessary to make such replacement or repairs, or, upon demand by City, to replace any such materials and to repair said work completely without cost to City so that said work will function successfully as originally contemplated. City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. ARTICLE VII. If Contractor should be adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the Contract, or if he should disregard laws, ordinances or the instructions of the Engineer, then City may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon Contractor and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and CON-3

71 unless, within five (5) days after the serving of such notice, such violations shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said five (5) days, cease and terminate. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety, within ten (10) days after the serving upon it of notice of termination, does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, City may take over the work and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and his surety shall be liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plans and other property belonging to Contractor as may be on the site of the work and necessary therefore. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid Contractor. If such expense shall exceed such unpaid balance, Contractor shall pay the difference to City. The expense incurred by City, as herein provided, and damage incurred through Contractor's default, shall be certified by the City Engineer. ARTICLE VIII. The Contractor shall indemnify, defend, and hold harmless the City, and its officers, officials, employees and agents, from and against any and all claims asserted, liability, loss, damage, expense, costs (including without limitation costs and fee of litigation) of every nature arising of, directly or indirectly, or in connection with this Contract or the acts or omissions of Contractor, Contractor s Subcontractors, employees, representatives, agents and invitees including, but not limited to, performance of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or damage which was caused by the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such liability, loss, damage, expense or cost. The Contractor agrees that the use of any and all public streets and improvements which are part of or subject to this Contract shall be at all times, prior to the final acceptance by the City, the sole and exclusive risk of' the Contractor. The Contractor further specifically agrees that he shall indemnify and hold City free of any liability for any accident, loss, or damage to the work, which is the subject of this Contract prior to its completion and acceptance by the City. ARTICLE IX. 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 or proposal therefore, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid or proposal conflicting herewith. ARTICLE X. Time is of the essence of this contract and failure to comply with this provision shall be a material breach of this contract. ARTICLE XI. If any part of this contract is held invalid by a court of competent jurisdiction, the balance shall retain its full force and effect. ARTICLE XII. Maintenance of required insurance coverage is a material element of this contract and failure to maintain or renew coverage or to provide evidence of renewal shall be a material breach of this contract. CON-4

72 IN WITNESS WHEREOF: The parties hereto have caused this Contract to be executed the day and year first above written. CITY OF ARROYO GRANDE CONTRACTOR By: Mayor By: ATTEST: Title City Clerk -- END OF CONTRACT -- CON-5

73 PAYMENT BOND (FOR LABOR AND MATERIAL) KNOW ALL MEN BY THESE PRESENTS: That we,, as Principal, and as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas said Principal has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF, Platino Lane and Oro Drive Intersection Drainage Improvements, Project PW , which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract; NOW THEREFORE, if said Principal, as Contractor in said contract, or Principal's Subcontractor, fail to pay any of the persons referred to in Section 3181 of the Civil Code of the State of California for labor performed, skills or other necessary services bestowed, site improvement made, equipment leased, or appliances, equipment implements, machinery, materials, power, provender, provisions, teams, or trucks furnished or used in, upon, for, or about the performance of the work contracted to be done, or for amounts due under the employment Insurance Act with respect to work or labor performed by any such claimant, said Surety shall pay for the same. In an amount not exceeding the sum specified above; and if suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond is pursuant to the provisions of Ch 7 Div 3, Pt 4, Tit 15, of the Civil Code of the State of California, and shall insure to the benefit of any of the persons referred to in said Civil Code Section 3181, as it now exists or may hereafter be amended, so as to give a fight of action to such persons or their assigns in any suit brought upon this bond. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time and it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extension of time granted under the provisions of said contract release either the Principal or Surety, and notice of such alterations or extensions of the contract is hereby waived by the surety. WITNESS our hands this day of, Surety Principal ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF PAYMENT BOND -- CON-6

74 KNOW ALL MEN BY THESE PRESENTS: FAITHFUL PERFORMANCE BOND That we,, as Principal, and as Surety, are held and firmly bound unto the City of Arroyo Grande, in the sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, has been awarded and is about to enter into a written contract with the City of Arroyo Grande for the work described in the CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF Platino Lane and Oro Drive Intersection Drainage Improvements, Project PW , which is attached hereto, made a part hereof, and to which reference is hereby made for all particulars, and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Principal shall well and truly do and perform all of the covenants and obligations of said contract on Principal's part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. No premature payment by said City to said Principal shall exonerate any Surety unless the City Council of said City shall have actual notice that such payment is premature at the time it is ordered by said Council, and then only to the extent that such payment shall result in loss to such Surety, but in no event more than the amount of such premature payment. It is agreed, that any alterations in the work to be done, or increase or decrease of the material to be furnished, which may be made pursuant to the terms of said contract shall not in any way release either the Principal or Surety hereunder, nor shall any extensions of time granted under the provisions of said contract release either the principal or surety, and notice of such alterations or extensions of the contract is hereby waived by the Surety. WITNESS our hands this day of, 20. Surety Principal ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) -- END OF FAITHFUL PERFORMANCE BOND -- CON-7

75 GENERAL LIABILITY ENDORSEMENT CITY OF ARROYO GRANDE 300 East Branch Street Arroyo Grande, CA ATTN: POLICY INFORMATION 1 Insurance Company: 2 Policy Number: Policy Term From: To: 3 Endorsement Effective Date: 4 Name Insured: 5 Address of Named Insured: 6 Deductible or Self-Insured Retention (Nil unless otherwise specified): $ 7 Coverage is equivalent to: Commercial General Liability occurrence form CG Bodily Injury and Property Damage Coverage is: POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1) INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured or (d) automobiles owned, leased, hired or borrowed by the named insured. 2) CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officials, employees, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by: the City, its elected or appointed officials, employees, agents and volunteers, shall be in excess of this insurance and shall not contribute to it. CON-8

76 SCOPE OF COVERAGE. The policy, if primary, affords coverage at least as broad as: 1) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG0001; or 2) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the proceeding sections (1). SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officials, employees, agents, or volunteers. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Title: Department: Company: Street Address: Telephone Number: SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon does so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) ORGANIZATION: ADDRESS: TITLE: TELEPHONE: FAX: -- END OF GENERAL LIABILITY ENDORSEMENT -- CON-9

77 AUTOMOBILE LIABILITY ENDORSEMENT ATTN: POLICY INFORMATION 1. Insurance Company: Policy Number: 2. Policy Term From: To: Endorsement Effective Date: 3. Name Insured: 4. Address of Named Insured: 5. Limit Liability Any One Occurrence/Aggregate: $ 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: INSURED. The City, its elected or appointed officials, employees, agents and volunteers, are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured, or (d) automobiles owned, leased, hired, or borrowed by the Named Insured. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officials, employees, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officials, employees, agents or volunteers, shall be in excess of this insurance and shall not contribute t SCOPE OF COVERAGE. The policy, if primary, affords coverage at least as broad as: 1) Insurance Services Office form number CA 0001 (ed. 1/78), Code 1 (any auto) and endorsement CA ) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the preceding section (1). SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. CON-10

78 PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its elected or appointed officials, employees, agents, or volunteers. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Title: Department: Company: Street Address: Telephone Number: SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon does so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) ORGANIZATION: ADDRESS: TITLE: TELEPHONE: FAX: -- END OF AUTOMOBILE LIABILITY -- CON-11

79 WORKER'S COMPENSATION/EMPLOYMENT LIABILITY ENDORSEMENT ATTN: POLICY INFORMATION 1. Insurance Company: Policy Number: 2. Policy Term From: To: Endorsement Effective Date: 3. Name Insured: 4. Address of Named Insured: 5. Limit Liability Any One Occurrence/Aggregate: $ 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officials, agents, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon does so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) ORGANIZATION: ADDRESS: TITLE: TELEPHONE: FAX: CITY OF ARROYO GRANDE ("the City") A Municipal Corporation ATTN: This certifies to the City that the following described policies have been issued to the Insured named below and are in force at this time. CON-12

80 Insured: Address: Description of operations/locations/products insured (show contract name and /or number, if any): POLICIES AND INSURERS Worker s Compensation (Name of Insurer) Best's Rating Check Policy Type: Comprehensive General Liability Commercial General Liability (Name of Insurer) Best's Rating: Business Auto Policy Liability Coverage Symbol (Name of Insurer) Best's Rating: Umbrella Liability (Name of Insurer) Best's Rating: LIMITS BODILY INJURY PROPERTY DAMAGE Employer s Liability $ Claims-made Occurrence Each Occurrence Each Occurrence $ $ or Combined Single Limit $ Aggregate $ Each Person $ Each Accident $ Combined Single Limit $ Each Accident $ Claims-Made Occurrence Occurrence/Aggregate $ Self Insured Retention $ POLICY NUMBER EXPIRATION DATE CON-13

81 The following coverage or conditions are in effect YES NO The City, its officials, and employees, agents and volunteers, are named on all liability policies described above as insured s as respects: (a) activities performed for the City by or on behalf of the named insured, (b) products and completed operations on the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations. The undersigned will mail to the City 30 days' written notice by receipted delivery of cancellation or deduction of coverage or limits. Cross Liability Clause (or equivalent wording). Personal Injury, Perils A, B, and C. Broad form Property Damage X, C, U hazards included. Contractual Liability Coverage applying to this Contract. Liquor Liability. Coverage afforded the City, its officials, employees, agents and volunteers, as insureds applies as primary and not excess or contributing to any insurance issued in the name of the City. Waiver of subrogation from Workers' Compensation insurer. This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Agency of Brokerage Address Name of Person to be Contacted Telephone Number Insurance Company Home Office Authorized Signature Date Note: Authorized signatures may be the agent's if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be of official of insurer. This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. -- END OF WORKER'S COMPENSATION/EMPLOYMENT LIABILITY ENDORSEMENT CON-14

82 This page intentionally left blank

83 APPENDIX

84 This page intentionally left blank

85 Platino Lane and Oro Drive Intersection Improvements Project PW Existing 14 RCP Pipe North Sheet 1 of 5

86 Platino Lane & Oro Drive Intersection Improvements Project PW Demolish / Replace: 1. Sidewalk, C&G 475 SF 2. Spandrel 350 SF 3. ADA Ramp (Caltrans a Type C) Demolish Existing Bubble-Up and connect new 18 HPDPE Pipe to Existing 14 RCP Pipe Oro Drive Notes: 1) Sawcuts limits to be marked in field 2) Integral Curb and Gutter adjacent to ADA ramp included in Spandrel quantity. Sheet 2 of 5

87 Platino Lane & Oro Drive Intersection Improvements Project PW Corrugated HDPE perforated w/60 degree pattern (per ASTM F2648) Sheet 3 of 5 Sheet 3 of 6

88 Platino Lane & Oro Drive Intersection Improvements P j t PW 2015 Project Platino Limits of French Drain 279 Oro 1. Remove Existing g Concrete Panel 2. Tie Through-Curb Drains Directly into New 18 HDPE Pipe. Notes: 1 Limits of sawcutting to be marked in field by City Representative 1. Representative. Sheet 4 of 5

89 Platino Lane & Oro Drive Intersection Improvements Project PW Limits of French Drain Connect New 18 HDPE Pipe into Existing Catch Basin Adjacent to 247 Oro Drive Sheet 5 of 5

90

91

92

93

94

95

96