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HomeMy WebLinkAbout2009-007 Souza Construction for Downtown Streetscape CITY OF ATASCADERO 0 Iola isie CONTRACT FOR SOUZA CONSTRUCTION, INC. for DOWNTOWN STREETSCAPE PHASE IIB Iola ' e, 19 8 7 \A CAD CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO SOUZA CONSTRUCTION, INC. THIS CONTRACT is made and entered into between City of Atascadero ("City"), and Souza Construction, Inc. ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 1 792119.3 City of Atascadero Souza Construction, Inc. _ B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 1, 2010, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the Executive Director of the City or designee (hereinafter "Executive Director" shall include the Executive Director's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the Executive Director is given to Contractor for the performance of said services. rev 5/1/06 2 792119.3 City of Atascadero Souza Construction, Inc. 1 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City may use any reasonable means to monitor performance and the Contractor shall comply with the Executive Director's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the Executive Director of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 5/1/06 3 792119.3 City of Atascadero Souza Construction, Inc. WiWM--- I - 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the Executive Director. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Executive Director. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 792119.3 City of Atascadero Souza Construction, Inc. , 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the Executive Director and shall be provided at City's sole cost and expense. rev 5/1/06 5 792119.3 City of Atascadero Souza Construction, Inc. 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES The Contractor is required to pay prevailing wages for the work performed under this Agreement. The Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the Executive Director. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the Executive Director. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. rev 5/1/06 6 792119.3 City of Atascadero Souza Construction, Inc. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence, or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. rev 5/1/06 7 792119.3 City of Atascadero Souza Construction, Inc. . ., City of Atascadero Souza Construction, Inc. • D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 9 792119.3 City of Atascadero ' Souza Construction, Inc. V. , J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero Public Works Department 6907 EI Camino Real Atascadero, CA 93422 Contractor Souza Construction, Inc. P.O. Box 3810 San Luis Obispo, CA 93403-3810 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their Company and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this l____ day of 2009 by the parties as follows, Approved as to form: Sou;teve o tion, Inc. B Counsel for contractor A. Souz esi Approved as to form: CITY OF ATASCADERO (P___ By: By. Brian Pierik, Ci y Attorney Wade McKinney, City jMaager rev 5/1/06 10 792119.3 City of Atascadero Souza Construction, Inc. A. CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Steve A. Souza, Pr sident Souza Construction, Inc. rev 5/1/06 11 792119.3 City of Atascadero Souza Construction, Inc. "��• —,, CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be on file in, and available at, the office of the Director at 6907 El Camino Real, Atascadero, CA. Wage determinations are also available online at www.dir.ca.gov/DLSR/PWD/Southem.html. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in inin under apprenticeship standards and who have written apprentice contracts, may be mploy d on pu c rks in apprenticeable occupations. CONTRACT Steve A. S za, P ident rev 5/1/06 12 792119.3 EXHIBIT A Scope of Work All work performed shall comply with engineering plans and specifications instructions, including all City issued addendums, per bid package Downtown Streetscape Phase IIB, City Bid No. 2009-003, hereby incorporated by reference. The Downtown Streetscape Phase IIB project consists of the installation of sidewalks, decorative pavers, electrical and irrigation systems, crosswalk lights, tree, landscaping and lighting, paving and decorative streetscape fixtures. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 90 working days after the Notice to Proceed has been issued. It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain, in the event of any, by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of seven hundred fifty dollars ($750.00) per day for each and every calendar day delay beyond the time prescribed to complete the work; and, the Contractor agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. The Contractor's attention is directed to Specification Section 10.19-1G, Public Convenience and Safety, D, which requires the Pedestrian Tunnel improvements be constructed during the period of June 15, 2009 to August 19, 2009. The Contractor agrees to pay the City the sum of 750.00 per day for work performed outside of that date range, at the City's discretion. The Contractor shall not be assessed with Liquidated Damages, nor the costs of engineering and inspection during any delay in the completion of the work caused by acts of the federal government or the public enemy, or acts of God, fire, floods, epidemics, severe weather, or delays of subcontractors due to such causes; provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive. 658615.1 A-1 DRAFT 06/4/014:33 PM SOULA ENGINEERING CONTRACTING, INC. CITY OF ATASCADERO DOWNTOWN STREETSCAPE PHASE 118 BID NO. 2009-003 SCHEDULE A — ROSARIO AVENUE BASE DID ITE6t Spec. ITEM DESCRIPTION lANl7 f APPRQ)t. IJt�ITt'FgGEt.— TC PRICETALL NO. U. I QTY k__. t 10,02 raf#ic Coin)tal� ,__--- -_. LS ,. 1 'fir Imo?. I,-70 loo j 1{i-03 Stormwater Pollution Prevention Piar► (SWPPP) _ ' 1 As a 2 ,sioffnwater Pollution�'revenkian Plan LS � 1 _ 3 BMP's LS 10 05 oMoval of Existing Asphalt and Facilities �► ern vG AC f'asrirtir SF 12.000 �rInd A6 iP0vir)9 (2" 5-) I X31 S 3,25 -._ Rempveirt rete Srdewaik _ F._ 7 I Remove Concrete Curb & GuHer LF , 3:50 '5 10- _.' aw Cut AC LF 400 11. r.+ 7 • .. saw, but Cr[ rete PLF 200 _ _ �.�"�_ .M_. � 4 10.06 err►c►tltkorr ___��..__._._�.,.. _. ._ __�_:�_ 10 move Trees(Slump Removal) E!� e EA 1 �1'SC .... }} emove Salvage t,sctt+t Fixture t EA -Soo emove Salvage Beach 10. 17 __. __ SF 300 5 i C Paving r 4'AC on 1 ' Mass I I €ease 13a ,ddiDeduct per 1' Class II Base SF g 13bW/Deduct per 1 AC 5F 15t�r.3:�_ 15U 9 AG Pavirig Overlay(2"AC) SF 14 isceilaneovs Concrete 15 erxxatry Crosswalk concrete pivers? Rosario SF 4 5 a t2r3 5°° 16 .� acoraltve CrrA---.vWk (rnnrrerr` povers) F�:f� F_ 52 Ci°�.i . ? civ CL;' (P�udian) Lir 110 2 L b (hA�ciian) LI: 400 13 740 , t9 ew Curb & Gutier _._. 2 �Cprjtiw SIr1e r;�lk{nf+ncr to PAWT F SF 2.0111 1 `s ostcrele SFd€evialk - .__. EA Z2 C40S.IriM Ram Ps .. . _ 5F 4,8 23 OA Concrete pave tructreres � iO.Q� tc►rrn �ralrl Plp+� andS t t[rrm-- Drain+ IAlit FA � IW-- _.__x_.... .. - L 1 00 ° 2� i ie is Existinr�wl�oncretc Luy - -- __ - _ L F -- sa ,ao '- 10.1JlFanti�ing er 1"ape Rlanting 27 t Frees 2g Areas{soil prep. mulch, & shrubs SF 50't} .' f3r. ZI ._.__ - PA(A k O(YoWTffM STREETSCIPE PHASE 118 29 Tree Walls(wilh Concrete curb, Iree slaking) EA 2 j a5_–;-_a,� 0Tree Wars Structural SO4 CY 2 31 Tree Grates EA _ 2 `-- 10.12 Nutomaftic Irrigation System – 32 rrigalion(ptanting areas) C .. 33 rrigation tree!bubblers � ! LA "Mainline,&Wiring (future street tree IlrngaWn) , LF 1,75+ 10.1 bite Furnishings 35 elal Beach EH �l Waste Receplade EA 2 i6.14 Adjust Existing I.ttllbty Facilities to Gra a A- 3_.. - 37 'Adjust Water Of+Gas VaNe to Grade 1 _ 215 38T–, —e st Sanitary Sewer Manhole to Grade E 10-15ting and Elactrical Syst�erns ykLgFrt FAAO ling Conduit, Conductrr, and" PLM Boxes � l . . 741EA tricat C]e Itis is at Trus _!_ 10,13 YRosario Avenue Wall a recast concrete mural casings LF 1 .__. 4 mast concrete wall caps F �{ll_�+ _ Y •� HkF2,750 44 al painting _M 45t 'tat'ten& (pickets, rails pos[s& harclwaire) LF - � � G7 46 � emo+ra existing tr#7air�lrnk fen+ac t_S SCHE66LE "' �� Tt3TAL BASE BID PRICE: aha l7r-> L S I_.1-*141 SL" 'd $Lpj84,*Fe,-,l ea -Fath i(-Litv)dr Ft4et 6'i . TtHi Cy `Ci3ri^Y:Sr 1 'NOT[S. 1. in s:asv 4r=nor in eximsion of price 4-0 11W L0181 of Lvunti".11*urlil pr"')cavil gC"V(1) rt-,vvrll r.Ups n ror In the ir.Cnt Il.�l its sct�edu�_ar Illi quanlr s C tli:l wiNl the pk'll�s.ir°�all[�S13s 7,.e{._r d hi lctarrg pinna,ms. rht;rlule atal Etase fad Pr.ct� (m wprds ,r- �r . _�..�__ ..i�,_. 4 18)0 SOUZA ENGINEERING CO TRACING, INC. ;IAcF-9 MowIN7OWN, STR.EETSGAPE PHASE 113 SOUZA ENGINEERING INEERING CONTRACTING, INC. Cay OF ATASCADERO 0O WNTOWN STREETSCAPE PHASE I1B MAR 1$ 200' Bl]) NO, SCHEDULE B—ROSARIO AVENUE ADD,ALTERNATE c.c}NtPvW}I;IN 4j+ rEa ECtPTlJMT PFX, RIT PRCEP UW OTY PRICE No. Mo. 1a 10,02 ddittional Traft Conrtro! LS 1 IOA3 ilomt mer Pollution I'mvrerd6o"Plan SSWl'I'P� .. __ .0 8a dilliaml BW& LS i 10A5 elriaval of Exlsting AsphaE and Faclilf0m 2terrwa,re AG l�auln SF 4S4 R7 emawe Conmete Sid P 2• • ? 2 4 ernove Cvrxx�e0e Curb&Gutter LF 25t1 �, aw Cud AC LF 2$0 .� LF 2F,fl .a ti ew Cert Cancra6e � - 10,06 Qemolitiion 7 nwve Trees(Shxnp Renwval) xEi4 3 ►5 r + .._.__ EA rnova--SeIYapA Ligtrl Fixhue 10.07 9 g pawing Int'AC OA I Mass 11 Base} ASF �5o a C) $2 ga Qeda Pcr 1• ll e�rse 1. ? 9b dd/bedW Per 1'A0 SF 115.4E'i [s,callanaaus Cvr+crebe LF 250 10 aw Curb 8. GuI'ter __.. 11 corative Sidewalk(concrete pavers) 5F 475 p i4 12 nr:rr�le Sidewalk EA 1,640 Li ! '� 00 10.10 eia�a�to'1�11'e}l0f Md*f BOX 3 - __.-41,0 5.o 1{?.11 ndeoap ftnting 13 trees Trees EA - p 1 14 roe We+Us(with canaeW cu b, tree staking) EA 7 1 D S 15 fee Wells 5trural Boll ctta 16 ree Grates EA 7 1 � 10.12 t}aFr Irrigatir�n System 17 rrigallan tree buglers epk 7 , p 18.15 Ighting and Ell deal Syntams EA 1 irrgle street t 3 _ ' I t # 19 gtdlihgc orrduit,Canductor, and PWI Boxes EA 3 t�3 20 lectrieal putiets at Trees _7 .._. ? 111.15 akm& thin"War and Vault 21 alocale Elect is Vault EA 1 SCHEDULE 118°'TOTAL ADD ALTERNATE PRICE: 3 t Ls x r xrrsp a vm sd=S�uuarc+noel es=Each f�4 Lirrcar Feet to-Tan ,fir; Cukk Yard G{3MTOM STREMCAPE M kM II@ PAW-W AWAoj1&m A/40. --)— i. in case of ersar 4n agenrsicn&price MID the bdi81 price column.Me gnil price wit gtrvem. 2. In the event 111101 this scherulca--mmm qumbbesman16c1 with the ptarm,it all casks the dans will govern Irx b4 tn9 purpsars: Schedule'B"Tata!P.tSd Alternate Price(in tivnrds) St UZA ENGINEERING CO TIZ.XCTING, INC. PAGE I I CCV,WTt?%%W STREETS I°E PHA$R(111 C UZA ENGINEERING CONTIZACTING, INC CITY OF ATASCADERO DOWNTOWN STREETSCA PE PHASE IIB 810 NO. 2009-003 SCHEDULE C — EL CAMINO REAL & TRAFFIC WAY (MEDIAN IMPROVEMENTS) BASE BILI ITEM *slrac, ITEM�ESCRg'TlChil UNIT AW—P- . UNIT PRICE TOTAt ITEM Ni}. No_ QTY PRICE 1 10.42 Traffic control . ... .._u..—__ ._ __.__.. ._._-.. t-S t ���o -_� vs(IP. 10-(13 rorrrwwater Pollution Prevention RIarI {EhNPRP�w _.. ._.__.. ,r ta�mtivaier Pil�utic�n Prevention Plan LS _v .,n .�_.. L5 _�+ ,. Mf�'S l$ ennawal of Existing Asphalt and 14acilities - __ SF Zj smug AC Paving - __ __7. GO- 4 ..._ _ LF 130 aw Out AC _ 10.07 C Paving 0 G Paving (d"AC on 16' Class III Fiasn) i `>F c 300 ' 'SF 8a Dedua Per iamass 11 Sash _ Oq dd0edud per VAC i0.is iscellaneous C*ncrete w 7 ew Curb (ML-duan) — IRF 100 $ bble (Median) S1= 2s �� 70'11 ndsca.� Planting g _ larx'troes (with stakil7g) µ... ..__ 1=A 2 �_ SF 325 ._ 10 lar;ting Ares (s11il plop, I11SJiSt, shrubs) _ i0.72Itmal�c trriigalion System SF ? n nti areas} - 11 rrigal� {� r�i .1 . 'IrI._EA 12 rigation i�$e tx�bblers ..-__ -�---- SCHEDULE "C" TOTAL BASE 810 PRICE: Ls=Lump Stun si=SquwC r-w.1 m-G �r.ls II -t�inr+rr i til to-Tari ='Y-CLbi=Y8i J 'NOTCS: i, in case 4r my xi niclens pc pup into mp trAml print:ac 4,mn,l rin price xv griarrr. 2. Ie ille event.Mal Ih6 st`i•rerlu!t r;"111 gWiNlilies COn"Id'hilh lata P""-rr a"ajes the plan,`hill wvwn im bidding purwr-m, Schep Isle'C" fit�kla Fid Pry (► 7 -z� DCMNT00VN STREI TS WE PRASE lIP PAGE 12 CITY OF AT'ASCADERO DOWNTOWN STREETSCAPE PHASE IIS DID NO. 20€ 9-003 SCHEDULE D — EL CAMINO REAL & T'RAFric WAY (URINE RELOCATION AND ADA IMPROVEMENTS) ADO ALTERNATE ItGM Spec. ITEM DE5CRIPTiON UNIT Af�TQ3�. UNIT PRKE ` TOTAL IT rA M4. t+lo. 10Ad Traffic Gvattrt:l_ LSdD - 1 .Q3Storm Water Pollution Prevention Plan PP 'iormwater Pollution Prevention Plan r .. 3 MP's LS I 1 ICJov 'Z.I .'i mos emoval of Existing Asphalt and Facilities 4 emove Cor►crote Sidewalk SF 450 1. 15 -- 5��._ ' Lr 1 f}0 o I 1 U,08 Iscetlaneous Concrete scnratiue Sidewalk(ooncrete pavers) SF I 50 1I _ 20 Cvracrr�te Pauors JA ere#c Sig ew"alk conercie bias E�4dcape t'lanting 1[� 8nkiN Areas(still, mLiCh & shnrhs) LS – 1�Q.12 ertornatic irrigation System - _ LS 8�� 11 rnlgatlon (In3 to existing) __— –__..__ 12 rn EA 1 . 10_76 elo.cate�Utility Mater and Vault - _ 13 etiacaie Electric VaLal SCHEDULE "d" TOTAL ADO ALTERNATE PRICE: Ls Lump Su;n sr-Squats,Feat ea EaCia Ir=iinear Foot In= Toil CY=Gulx�'ram raQTE�: ?. #n cased error in e%Levt�iort trr pride hwj Ute tonal OC8 06, vle u"{�w� 3 9 ti11 1rr�rrc 1;x 2. Its the eye N 11131.IFrs vxttedule or these wanGtie�Wntlict wild tlttii�€ .in all caws the,,,I A5 h►lcing purpmcs. Scrte(jule V Total Add Allerrnale Price{in%vmds) k ` SOUZA ENGINEERING CONTRACTING, INC. Plv(.i; t'�• DOWNTOWN STREETSCAP[Pt' 110 SOU R ENGINEERING CONTRACTING,, INC. R E,.,,E I V ED, CM OF ATASC a!AERO MAR 2 0 2001 DOWNTOWN STREETSCAPE PHASE 118 SID NO. 20,09-003 1).j�,,, a..lal,.S I r, a;..':trar� jw�; SCHEDULE E—PEDESTRIAN TUNNELS BASE BID I�SCIi P tmrr OrRox +urrtrr MICE TOTAL ITEM NO. ND` OTY 1 10.02 edestrion Traffic Control(:NdwArafk closed LS 1 heads ns 10.03 rmwxwr P+oliirgpn Prevention Plan Vswppp 2 bormweber Pollution Prevention Pbn LS 1 °�' • ' 1 MP's LS 1 '� ._ itIAS oval of Existing Asphah d errrowe AG Pawing SF 810 baa S •° emmwe I maito Strudurgi Section CF 320 g amove,Cmo*W Sidewalk SF too 7 nwwe Corta� tte Curb&Gutter LF 15 r B CGU! anoteta LF 34 1 ae 10.018 emotiltfo� errwarve Ct'I l.wk Falsc�e !� �5S ZI.fads "� 10 err me Pedestrian fm--WRetaining VMs LF 35 *°, iQN lsr.ellensous Concm to 1 ew Curb& tsufter LF 40 a+o 00 "" SodeYRallt S 1130 SJ2700 1An, e~,vuG Qireasidu 17raln LF 30 ea } 11 14A11 rt» DWn Pipe and Structu" 15 harm [Drain Inn EA 1ra eo 1$ FIDPE Pipe LF 20 ''L' 10.13 he Furnstshinge . ;. .... 17 1 wasroe Rete =p a 118 erme LF 274 l p s 7-S 'S _. 10.16lti�ng and EPactrotai s�jts�nnsr' 99 all Light EA 2 '"3& l 20 Ie Sheet Light EA 2 � � 21 hard Light EA Z UCA el Lighting EA ## [ 23 rainy t3OMA Conduew area Pull boxn CA 4 ( o 2ttg 1�i.19 �tsln strian Tumnei3q i til►ells CF 7(Id7 C46 Wells rfdtKk ens=9r1�i tim SF 7.00 � UPI A 1704-W� � 29 ndirail Lt` 10 ; HE[3lll.E:"E"TOTAL BASE Bib PRICE S I S 0 DCXVVI+rr STREMCAPE PHAGE 08 PA0614 l =1,,JmpSkim ,.i=ware furl 4a=FacJi if=Linear FTt In=T¢n cy txr'YarO 'MOTES: 1. Ere cant of error in exionsion or ar`.cc into the loRal pricc crlLmn.the unit price will 91-rom. trt 1hR SWI 1"t itis sdridiAe or thB54 WgntitlpS 07nflo with the rjaM.in all ras-;ts Ihg ptark%wo gav--n for MOM 0rrffose9. !> S,checluie Tt Tota; Bas Bad Price(in wards).-{ ..._.. , - — SOUZA ENGINEERING CONTRACTING, INC. PAGE 1 t_1QVr'"4t(Nyw S-(R66T$CAFE PKASE 119 OUZA E GINETRING CONTRACTING, INC. R MAR 2 0 2009 CITY OF ATASCAVERC DOWNTOWN STREEMAPE PHASE IIB BID NO. 20094103 SCHEDULE G —EL CAMIMO REAL-COLONY SQUARE BASE BID ITS Rpm ITt=M DF CRIIPTIt]Mt I -001110X. UNIT PRICE IWAL ITEM No, NIL 4T5r PRICE 1 '50.02 TrAftCCVtrtrt �" �Ik43 ta�rnwatar f�ol5uli�Il Pro+r�ntla�n Pllln �...., ..M . 2 k mwaker Poeution Pravenlion PlW LS 1 + r on n,oYe,41C PayingSF 870D 2 040e4 (3 move ConcrMe Sidewalk SF 1B rD LL � 5 r.7 www Cur#AC LP 750 8 awv Cost Concrete LF 160 �i •° 10 iG ` Palming Paying(46 AC on 16"Class 11610 SF $400 5,5 1 O ddidud per 1'{leas It Base S!: 11 dtDedW per 1",4C SF 10.08 3s"Haneous Cone4vt,a 12 C r81k(Concra16&PaWS)ECR SF 615 2 11-1935,0 13 ecoratim Siderwalk(conctele&PaVm) SP 300 a a 14 i Ribbon Guff SF 680 13.70 f 5 ewM'Curb(hAedrall) LF 330 10 16 ctlblo(Median) gF 251 -I 17 �y ew Curb& Gunner LF 150 S1,00 1g nereta Sidewalk SF 900 oe 19 edeairian Ramps(rrl ADA payers) EA 1 20 Concre4e Parvm 8t 12 S .o '72 a► 10.09 rm Detain Pipe and Structures ql. 21 Dwain rniel F-A 2 iD• 22 rm Dain Manleale EAS 2 0�• 23 re to existing Drainage Inlet EA 1 55000 �o 24 12"RCP Pipe LF 3DO 7 ep 10.11 anftespe Plarvting 26 r! nj Trees EA 7 26 Areas Gall prep,mulch.&shrubs) SF 11002,10 2 10.12fic Irrigatloan27n( are") SF 1 ttbD it atovpoint CneW ,Baclvk W rIgIaboo o 1 * Da MgoM STREETSCAPE PHASE 08 )Ace t7 10.14Lust Existing Uliility Facilities to Graft 30 ust Ele iric Vault to grade � � .- 31 ust Water at Gas Halve to Grade lEA 2 32 el+bC b Fite 140r'Wt EA 14,1�i hUing and Swrlcal 8ymetms 3 le Stlf�edighE F1i, 3 L4 f 34 rosswalk Flashers(LEA's,solarpole,sign, EA. ahm"on SCHEDULE 140"TOTAL BASE BID PFtiCI?: Ls.LmW Sure si Square Feet sB L Esa M s un"r FORM to=Tan cy=CkAfa Yard 'NOTES' 1, in case of arm in emumsion ar prloe into the total price caisson,01►e uftrl.0606 vAl garern. 2. In titre vmo that lhix id ule of these 4WiKiBS C0nW*"flue plans,WON Caeca Ifs plans rVll 2W4rn for biddiep WPOSM Schedule'G`Total east Bld Pdre(in worlds) + � i MAR 2 0 2009 SOUZA ENGINEERING CONTRACTING, INC. CJS S-TR b—r$C PS twri"G 08 RAGE 15 MAR CITY OF ATASCADERO DOWNT ON STRuMAPE PHASE IIB I3I0 NO. 0 SCHEDULE I --EI CAMINO REAL GRIND& OVERLAY BASE BID fTEM NO. Spec.rf- nrEm 5Mmp-noN fiNfT Ap GX. UWTP'iR10E TDTITEMQTT 1 -rD.02 rmft Control LS 1 —±2 525D,146-W— l0JD3 stormwatBrPolkidon Prevention Plan SWFPP 2 loan wetter PalkAon Prtav+enf ion Plan LS 1 I� "° z o ` SIP`SI LS 1 ,$ t.&40.� 3a 10.04 epiaclg ExIaTrafllc Striping,Signage, LS 1 $$!, arkl b Pavement Markers 4 Ftoad Smping from San Jacinlo to LF 27,500 I"' 4a %nage, Markings a Raised Pavement LS 1 ��� e- 4b move Exi%"Striping f m RME!rb to L$ ��, �" S •� i S 1 ti 5 ind AC I�au g -56} SF 180,400 f 10.07 Paving _ g Paving C}veday{2A'C) SF 184,400 j+.' � 7 einfon*V Fabdo SF 44.000 J(!)" 7a amove mW Reece Speed Bumfr LS 513m- 6.1-400 8 14.14 Just 93dsting UtAity Fa clitkS to Grade LS 1L11 leg SCHEDULE"I"TOTAL WE BID PRIM L.a Lcrnp Sun sf a Square feet ea=Gnch tf�Laver Fees to-Tan wmCuhic Yard 14DTES: 1. in rise of error in wftnsion or price InW the Eolnl price ooiumm,the uni price wo ig—n. kb 1he&.*m thm J"Std of fl'` m gVomi>ies*0nmkl with&A p18 .Nt im Cedm lhe pac+s Witt gam°dor bwdmg purposes. ule T Total Base Bid Price tin ) -t' Iter w Q OUZA ENGINEERING CONTRACTING, INC. DOWNTOM STREETSCAM PHW 118 FA0k 2® f r No.47 Cir OF ATASCADER0 MAR 19 2009 Dc3WttirrOWN STRE'ETSOAP E P14ASE 118 BID NO.2-00-003 SCHEDULE K WAYFINDING SIGNAGE BASE BID ITEM NQ I Spec-Na. 1TENt DESCRIPTION � UNIT APPROX. UNIT PRICE TOFA r;14 CITY 1S 9 -02Tiraft ntMl LS 1 110.13 to Furnishings q army Square Mwker—Sign EA 6 1b°-3 z hicularDwmbcwnSign -- EA 1 2 �a SHEDEJL�"K"TOTAL SASE BID PRFCJ±: Ls=WAmp Slum st=Square Fe ct on-Each h t=Unear kct M=Iran cy=CoublC ward `NGTE& s. in mice of errar in eiAenaian er Ian inUb the 6ridel p►i+�coh,rrin,�ut+rt p��n4Fl Eewer�l. 2. in the event IWW saldino or tae quo films Willet wllh M Pians,in at Casa tttie pians will gowom inr hwjv Pv Sc dura•i 'Tcal se Bid Primo 1 waw} - r SOUZA ENGINEERING CONTRACTING, INC. DOarMNTOti N STRE.£:'1'SCAPE"GE 118 PAGE,22 CITY OF ATASCADERO DOWNTOWN STREETSCAPE PHASE 11113 810 NO, 2009.00 1. Total Base Bid Price: provide the t 1:3 for each base bid saedule and the totaq project base bid [)&e SCHEDULE FV�Oj7rzc r=A osark)Avenue case Bid A -- SCHEDULE Real E C 05ari)Ave' (Mediart Impmvemiaritt ease Bid C I Camino iR�eilA�Traffic V'V'ay—'-'-- edertrian Tunnels Base Bid I Camino Real-Cobny Square Base Bod Camino 'I Camino Real Grind & Overlay Base Bid 4 r K ayfinding Signage Base Oil i�E I tg 0 OT Zr 5 'C TAL PROJECT BASE BID Schedlube kr-C 4L- Total Base Bid (In Wordsl nr iviet Ll I el 2. Total Add Altemates Price, for all bid sttern�t Provide the t for each ADD alternate s-.hedu!tanO,Vhe 19,tal _es otalls _Iroui PRIGS SeMPLILS rrw-mq., AREA C"6"" S4 sarin Avenue Add Alt Camino Real Tri is Way (Urn R ioc)Add Alt :"AFscadero Creek Bridge Add Alt Aq H ny Square Ardh Add Al' I Camino Slurry Sc_WAdi�4i. TOTAL PROJECT ADD ALTERNATES Schedules'E" 'D' "H"and 'X Total Add Altemates Orn Words) SOUZA FNGINEERING CONTRACTING, INC. PAGE 23 DOWNTOM STREETS(APE PHASE 11B City of Atasca4ero I—wi (Marna of Contractor] 3. Total Project Cost: Provide the total of all bid scneduts (basekk d allemates}. x,91 Fatal Base B�d &Alternates Total Ease Bic! & Alternates(In W(xds) 0 Me SOUZA ENGINEERING CONTRACTING, INC.v ADB 24 F�rt�3 City of Atascadero SOUZA ENGINEERING :r [Name of Cont4dor) CONTRACTING, INC. LIST OF SUBCONTRACTORS In accordance with the provisions of Section 4100 et. seq. of the Goverill-nent 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 one percent of the prime contractor's total bid or Ton Thousand Dollars, whichever is greater. Name under which Limnse No- Andress of Specific: Sulxntracto r and Place of Description is listed Classification Business of Subcontract CLWftr4 e'r'p*A Com* +4 iR$ 114 �Z_ w4' S 1 c_A t +i ce '�'.' 0 � G 76' N COY �S t '' t Z-7 3t'! cx r �k -' ► M Ido not list alternative subcontractors for the Name work. Attach additional Sheets as fleeftd- rew!WlM 28 79211'9.3 EXHIBIT B Compensation and Method of Payment Services provided as described in the Downtown Streetscape Phase IIB specifications, as Awarded by Atascadero City Council to be the Base Bid A, C, E, G, I and K in the amount of $1,103,431.75 and Alternate B in the amount of $82,170.00 and Alternate D in the amount of $12,512.50 will not exceed the total contract price of$1,198,114.25. Any additional services not included in the scope of services must be approved by a City of Atascadero Change Order prior to performing any additional sltional work uthorizd un t cost foathe defenedy a City of Atascadero Change Order will be compensated at the services as determined on the bidder's original bid sheet. Payment for work performed will be issued within 30 days of receipt and approval of invoices. No invoice will be approved without receipt and approval of certified payroll records. Final Payment A 10% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo. The retention will be released upon the City of Atascadero's final approval and the satisfactory completion of the project. Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all laims ns against may be specifically excluded by contract. Disputed contract claims n statedamounts Contractor from the operation of the release. B-1 EXHIBIT C Items Provided by City The City will perform all soils testing work under the supervision of the City Engineer and employ the services of a soil testing laboratory to control and report upon the compaction in compacted embankments, structure backfill and excavation backfill. Should the compaction methods used fail to achieve the required degree of compaction, Contractor shall revise his methods to achieve the required compaction unless otherwise directed by the City Engineer. Contractor shall make all necessary excavations for test pits as directed by the City Engineer. Contractor shall refill and re-compact test pits to the densities specified in the Plans and Special Provisions. Contractor shall provide shoring or other safety measures as required for testing. The City will pay the costs for the initial compaction tests. If any tests do not meet the requirements of these specifications, Contractor shall pay the costs of the retests until the specified compaction is obtained. Full compensation for conforming to the requirements of this section, including excavation, shoring and backfilling of test pits shall be considered as included in the contract price paid for the item of work to which it is appurtenant and no additional compensation shall be allowed therefore. Per Addendum No. 5, The City has obtained a Caltrans encroachment permit for the Pedestrian Tunnel work. The contractor will be required to obtain his/her own encroachment permit (double permit) from Caltrans. The City will pay the permit cost directly to Caltrans. The City of Atascadero will pay for or provide, any water meters as needed for the project. P G & E light poles will be provided as needed for the project, at no charge to the Contractor. C-1 EXHIBIT D Location Schedule CITY OF ATASCADERO COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA 2 � � i �4.. Y4 tt a CCATtON INU PRt33ICT tC d (1 A05010 AYEWJE " 2 EL CAMSNO & TRAFFIC MAY ," FEDES7R[Afi TUNNEL COLOWY SQJAW EL CAMINO REAL Corner of Traffic Way and E[Camino Real Bad Alternate Rosario and EI Camino Real Did AlternatE `Reference the City approved plans for exact locations and construction details. D-1 EXHIBIT E INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 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 Form Number CA 0001 covering Automobile Liability, code I (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum Limits of Insurance Lessee shall maintain limits no less than: I. General Liability: $1,000,000 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. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions 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 retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. B-1 EXHIBIT E INSURANCE REQUIREMENTS FOR CONTRACTORS Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 658615.1 E_2 DRAFT 06/4/014:33 PM