HomeMy WebLinkAbout2016-017 Andrew Brown Engineering - ALPS 3 Bridges CITY OF ATASCADERO
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CONSTRUCTION CONTRACT
WITH
ANDREW BROWN GENERAL ENGINEERING
FOR
ALPS THREE BRIDGES TRAILHEAD PROJECT
CITY PROJECT NO. C2016T01
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CONSTRUCTION CONTRACT AGREEMENT
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City"), and Andrew Brown General Engineering ("Contractor"). City
and Contractor agree as follows:
1. SCOPE AND STANDARDS:
A. PROJECT. City's Project, of which Contractor's services under this Contract are a
part, is generally identified as follows ("Project"):
ALPS THREE BRIDGES TRAILHEAD PROJECT
City Project No. C2016TO1
B. SCOPE OF SERVICES. Contractor's services under this Contract are generally
identified as the construction of a 20' wide paved roadway, culvert crossing, and parking area
improvements. A detailed scope of services is attached to and made part of this Contract as
Exhibit A. Contractor shall provide, or cause to be provided, the services set forth in this
Contract.
C. CONTRACT. Contractor shall provide all labor, materials, equipment, 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.
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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 receipt of the Notice to Proceed, 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 30, 2017, 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 City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by the City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
5. SUPERVISION, 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 Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City's
Manager's request to monitor performance.
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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 City Manager 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. The obligations of the Surety on the
Faithful Performance Bond shall survive the termination of this Contract.
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 City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials provided by the Contractor under this Contract shall be the exclusive property
of the City, and the Contractor shall have no property right therein whatsoever.
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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
City Manager. 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.
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.
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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 City Manager and shall be provided at City's sole cost and
expense.
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 ail 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 City Manager. 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
City Manager. 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.
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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.
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 attorney's 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. INDEMNIFICATION 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 attorney's 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.
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D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Contractor shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of contractor will be for that entire portion or percentage of liability
not attributable to the active negligence of City.
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.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION 1
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the partes shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
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C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
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 far 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.
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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
Director of Public Works
6500 Palma Avenue
Atascadero, CA 93422
Contractor: Andrew Brown General Engineering
823 7th Street
Paso Robles, CA 93446
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.
Effective this 14th day of September, 2016 by the parties as follows,
Approved as to form: Andrew Brown General Engineering
By: ���--
Counsel for Contractor (If applicable) Andrew Brown, President
Approved as to form- City of Atascadero
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Brian Pierik, City Attorney 6jr2 helle Ricky d, City Manager
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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
Andrew Brown, President
Andrew Brown General Engineering
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City of Atascadero 4..
Andrew Brown General Engineering
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 6500 Palma Avenue, Atascadero, CA.
Wage determinations are also available online at www.dir.ca.gov/dlsr/pwd/southern.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 ail 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
training under apprenticeship standards and who have written apprentice contracts, may be employed
on public works in apprenticeable occupations.
Pursuant to Labor Code Section 1771.1,the contractor and subcontractor must be currently registered
with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the time the
project its awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial
Relation, pursuant to Labor Code Section 1771.4.
Contractor
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Andrew Brown, President
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City of Atascadero .
Andrew Brown General Engineering
EXHIBIT A
Scope of Work
All work performed shall comply with the requirements, as described in the ALPS
Three Bridges Trailhead Project, Bid No. 2016-004, Project No. C2016TOI
engineering plans and specifications, hereby incorporated by reference. The
project primarily consists of the construction of a 20' wide paved roadway, culvert
crossing, and parking area improvements. Per the specifications, the Contractor
shall diligently prosecute the work to completion before the expiration of 50
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 Contractor will pay to the City
the sum of Five Hundred dollars $500 per day for each and every calendar day delay
beyond the time prescribed to complete the work; and, 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
Contractor under the contract.
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.
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City of Atascadero '
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Andrew Brown General Engineering i.,_
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 394,498.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Contractor for completion of the Work on a Unit Price Basis in accordance
with Contract Documents an amount equal to the sum of the established unit price for
each separately identified bid item times the completed quantity of that item at the prices
stated in attached Contractor's Bid. Work shall include items as identified in the Bid
Schedule, not to exceed the total contractual amount of$ 394,498.09. Quantities shown
on the Bid Schedule are not guaranteed, and determinations of actual quantities and
classifications are to be made by City. The City shall have the ability to make alterations
to the Work, as the Work progresses, involving increases and decreases to quantities of
itemized Unit Price Work. The unit price shall not be subject to re-evaluation or
adjustment regardless of the total cost or variation between actual and estimated
quantities.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a
City of Atascadero Change Order will be compensated at the same unit price in the
attached Contractor's bid, if applicable. For extra work, where no unit cost has been
defined in the attached contract, the Contractor shall be compensated as identified in
Section 7-1.4, "Alterations and Changes", of the ALPS Three Bridges Trailhead Project
Specifications. Any charges incurred outside of these contract terms will not be authorized
for payment. Payment will be made within 30 days after receipt and approval of invoice.
No invoice will be approved without receipt and approval of certified payroll records
A 5% 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 claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release.
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City of Atascadero �`"
Andrew Brown General Engineering
ALPS Three Bridges Trallhead
Project No.C2016T01
BID SUBMITTAL FORM#2 OF 16
ALPS THREE BRIDGES TRAILHEAD PROJECT, Bid No. 2016-004
BID PAYMENT TOTAL UNIT
ITEM BID ITEM REFERENCE UNIT QUANTITIES PRICE TOTAL COST
NO.
1 Mobilization,Bonds,and Insurance 10-2.02 LS 1 c7t _L18'7_6e
2 Water Pollution Control Program 10-3.02 LS 1 l Q a L9Q
3 Traffic Control 10-4.03 LS 1 Z55-L ZSS L
4 Tree Protection 10-6.02 LS 1 {t 1 I-1
5 Clearing and Grubbing 10-7.02 LS
6 Earthwork 10-6.04 LS 1 sg p -D43'075
7 Class 2 Aggregate Base 10-9.04 TN 1,880 a r�u c Sip
8 112"NMA Type A(PG 64-10) 10-10.04 TN 460 1 53 3 a
9 Mountable AC Dike 10-10.04 LF 35 41 1-71
10 Retaining Wall(2'to 4') 10-11.04 LF 125 Z(O Z(O7-150
11 Retaining Wall(4'to 6') 10-11.04 LF 68 z�3� ZZ (v4y
12 Retaining Wall(6'to 8') 10-11.04 LF 86
13 Retaining Wall(8'to 10') 10-11.04 LF 16 q S�3 I c} 3213
14 Relocate Water Meter and Service 10-12.03 rEA 3
Lateral(Abandon Existing)
15 Coordinate Relocation of Gas 10-12.03 LS 1 a`i �S
Meter
Remove and Replace Water
16 Service from Meter to New 10-12.03 LF 1,200 v
Connection
17 Remove and Replace Gas Service 10-12.03 LF 1,200 2, 3(aJU
from Meter to New Connection
18 Coordinate Relocation of Existing 10-12.03 LS 1 �c( ;9Telephone Pedestal
19 Construct 48"HDPE Culvert-Bury 10-13.04 LF 24 Z�iO rj,7(10pipe flowline 12"
r20 Construct Straight Headwalls 10-13.04 EA 2 T i 1
B..2
City of Atascadero
Andrew Brown General Engineering '
r c> jvLD
ALPS Three Bridges Trailhead
Project No.C2016T01
AUG 2 5 2016
CITY OF ATASCAr7FRO
CITY CLERK'S
BID SUBMITTAL FORM#3 OF 16
ALPS THREE BRIDGES TRAILHEAD PROJECT, Bid No. 2016-044
BID PAYMENT TOTAL UNIT
ITEM BID ITEM REFERENCE UNIT QUANTITIES PRICE TOTAL COST
NO.
21 Rock Slope Protection 10-14.04 SF 250 c{ 1,000
22 Interceptor Swale 10-15.04 LF 600 ZLiaj
23 22'Wide Gate-Road closure 10-16.04 EA 3 t1150, 3t 71;
1p
24 12"Wide Gate-Property Access 10-16.04 EA 1 p�( 1,0 ef
25 Wire Mesh Fencing(4'tall-6"x 6"1 10-17.04 LF 700 (� oto
26 Wood Header Board 10-18.04 LF 230 �Zv(Qn
27 Signs(New,Includes Sign Past) 10-19.04 EA 16
28 Signs(Replace Panel,Sign Post to 10 19 04 EA 8
Remain) 27(,, ZZdS
29 Striping and Marking 10-19.04 LS I 1 (SIC( �S(�
30 Boulders 10-20.04 EA 7 J lLf 13
31 D.G.Pathway with Gopher Harrier 10-9.04 SF 900 ( 3(�po
32 Monument Perpetuation and 10.21.04 LS 1 33q 3�lq
Installation of Monument Wells
Bid Total Amount in Figures: $
Bid Total Amount in Words: �u,v,c,,
,s G -Z.-er. C e,-t-5
LS=Lump Sum SF=Square Feet EA=Each LF=Linear Feet TN=Ton
'NOTE:In case of error in extension of price into the total price column,the unit price will govem.
Bidder: Ellglne-erfnq
J
B-3
V `
City of Atascaderot. #.
Andrew Brown General Engineering
ALAS Three Bridges Trallhead
Project No.C2016T01
BID SUBMITTAL FORM#12 OF 16
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
The Contractor shall set forth the following Information an the 'Designated Subcontractor Information
Sheet," the name and location of the place of business, telephone and email address, license number
and classification of each subcontractor who will perform work or labor or render service to the
undersigned in or about the construction of the work to be performed. That portion of the work which will
be done by such subcontractor for each subcontract shall be listed by Individual Item number, percent
of_item,_dollar amount of item and brief description. Per SS 854 (Stat.2014, Chapter 28), no
contractor or subcontractor Imay work or be listed an a bid proposal unless registered with the DIR.
(1)04-e- �fMSC+uc ttUv-,�cnc (2) l R%jr, 001r�—
Name Name
0651 P0.Dc%ZT o�
Address Address
City,State,Zip City,State,Zip
Czws� q,7�- oss4 (r&b5)
Phone Number Phone Number
ty�� rJ -Yc�54 C.1') .CDN1 j�C�Sr�y�r�}�t���ir gwtuiQ.Ctyh
Email address email address G�
W79 `4(aS A-6 (pbSS'7o
License Number and Classifications License Number and Classifications
( 3 ) ( (03,7 ) ( 4' I,(ZS — (_IC) ) ) (99,t,Z5''
Item Nod{ Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
a TZ�L, L_rbc)l 7-=Lr
Description of Above Item Description of Above Ttem
Item No Percent of Item DollarAmount item No Percent of Item Dollar Amount
h�eSitinacie4`-6.1
D scription of Abov item Description of Above item
(_-q_ ) ( -7q,-I- i (A I�l�o 07 -_ ( q54 ( jl�l�k3z
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
Description of Above Iterh Description of Above Item
(0el ( 31 ) f l�35Q - i ( I-1, ) ( 7v% (
Item No Percent of Item DoliarAmount Item No Percent of Item DollarAmount
art I h�, 4- t`-'krl%rnt� Lon
Description a Above Item i Description of Above Item
CAUTIONI
FAILURE TO FILL OUT THIS FORM COMPLETELY ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
B-4
City of Atascadero
Andrew Brown General Engineering
ALPS Three Bridges Tra{lhead
Project No.C2016TOI
(3) 17iG 1N�l��ot� �Q.y1Ct_,�nL ra) D_P5y__
Name ' Name
355 E, d rinonAi Rc1. l99b Sfirj, pal bA �Zoo
Address Address
Aw- ( IL br. 01 �2c7 SIkk L,!-5043F o CGi, 93knt
City,State,Zip City,State,Zip
�fJ5) ft -3590 -- N5� 7_5rU— 2�9 t
Phone Number Rana Number
git,l,/Grl'ndCz�c�C�M� �,CoM G:[cwd �psiinc ,cu�-�
Entail address V email address
'M391 I&DkVq
License Number and Classifications License Number and Classifications
JS
Item No Percent of Item DollarAmount Item No Percent of item Dollar Amount
2Z`UatAe- Grtlp C�oSLL t _ _ -��L)!:uj
Description of Above Item Description of Above item
A0
Item No Percent of Item DollarAmount Item No Percent of Item Dollar Amount
17�Wt� eA►��_ Crop�4y_ kceif
Description of Above Item Description of Above Item
Item No Percent of Item DollarAmount Item No Percent of Item Dollar Amount
oLA Q,r Mesh P-ctn,i2
Description of Above Item Description of Above item
Item No Percent of Item Dollar Amount Item No Percent of Item Dollar Amount
Description of Above Item Description of Above Item
CAUTIONI
FAILURE TO FILL OUT THIS FORM COMPLETELY_ACCURATELY AND
LEGIBLY WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE
B-5
City of Atascadero IT
Andrew Brown Genera[ Engineering
EXHIBIT C
Items Provided by City
None.
C-l.
City of Atascadero
Andrew Brown General Engineering
EXHIBIT D
Location Schedule
. ..............
...........
Trailheach AWcadero Creek
41
Reservation ',A&Carmelita
Road rigbt-of-way
-161-003
ARN-05
Atascadero Creek
r.V
ALPS Trail site: 8300, 8350. 8400 ......
Toloso, Road
APN056-401-002, 036-391-003, 001
Residential
Suburban zone
r.
. .........
.r..........
Unincorporated County
residential lots
Atascadero, California
San Luis Obispo County
D-1
1:
City of Atascadero J' .
Andrew Brown General Engineering
EXHIBIT E
Insurance Requirements
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:
I. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001),
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code
1 (any auto)
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability insurance(for lessees with employees).
Minimunn Limits of Insurance
Lessee shall maintain limits no less than:
1. 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.
E-1
Other I/nsnrance 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.
Additional bisured
The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the
City's name to the Certificate of Insurance is not sufficient and will not be accepted.
!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.
E-2