SPECIAL PROVISIONS

FOR

CITY OF SAN LUIS OBISPO

2026 Minor Sign and Striping Project

Specification No. 2001003-04

July 2026

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

919 Palm Street San Luis Obispo, CA 93401

(805) 781-7200

2026 Minor Signing and Striping Project Specification No. 2001003-04

Approval Date: July 22, 2026

Luke Schwartz

July 22, 2026

Brian Nelson

July 22, 2026

TABLE OF CONTENTS

NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION ....................................................................................................................... III QUALIFICATIONS .................................................................................................................................... III AWARD ..................................................................................................................................................... V ACCOMMODATION .................................................................................................................................. V

BID FORMS .................................................................................................................... A LIST OF SUBCONTRACTORS ................................................................................................................ C LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NONCOLLUSION DECLARATION ........................................................................................................... E BIDDER ACKNOWLEDGEMENTS ........................................................................................................... F QUALIFICATIONS .................................................................................................................................... G ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. H

SPECIAL PROVISIONS

DIVISION I GENERAL PROVISIONS

1 GENERAL

3 CONTRACT AWARD AND EXECUTION

4 SCOPE OF WORK

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

DIVISION X ELECTRICAL WORK

86 ELECTRICAL SYSTEMS

APPENDIX A - FORM OF AGREEMENT

NOTICE TO BIDDERS

i

BID SUBMISSION

Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until

11:00 a.m. on August 20, 2026 at which time they will be publicly opened and read aloud. Public bid opening may also be viewed via Microsoft Teams video conference and conference call. Use the following link:

https://teams.microsoft.com/meet/221156102005690?p=BnvsSftULheqqj0fdA

Meeting ID: 221 156 102 005 690 Passcode: oH9Pr2JB or join by phone with this number: (209) 645-4165 with Conference ID: 370 490 32#

Submit bid in a sealed envelope plainly marked:

2026 Minor Sign and Striping Project, Specification No. 2001003-04

Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any immaterial irregularities in a bid.

https://teams.microsoft.com/meet/221156102005690?p=BnvsSftULheqqj0fdA ii

All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.

Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

BID DOCUMENTS

A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:

www.slocity.org/government/department-directory/public-works/public-works-bids-proposals

No printed copies are available for purchase at the City office.

Request must include Specification Number. The office of the City Engineer is located at:

San Luis Obispo, CA 93401

Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:

www.slocity.org/government/department-directory/public-works/documents-online/construction-documents

You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.

All questions must be submitted through BidNet, and if the City determines that a response is necessary, the City will post an addendum on BidNet. Contact the project manager, Justin Wong at 805-781-7042 or the Public Works and Utilities Department at

(805) 781-7200 prior to bid opening to verify the number of addenda issued.

You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:

www.slocity.org/government/department-directory/public-works/public-works-bids-proposals.

iii

PROJECT INFORMATION

In general, the project consists of minor sign and striping installations at various locations.

The project estimated construction cost is $126,000.

Contract time is established as 25 working days.

The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.

Pursuant to Labor Code section 1720 et seq., the project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations (“DIR”) has established prevailing hourly wage rates for each type of workman. Current wage rates are on file with the City and may also be obtained from the DIR’s website at:

https://www.dir.ca.gov/oprl/DPreWageDetermination.htm

Each contractor and subcontractor must pay no less than the specified rates to all workers employed to work on the project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

This project is subject to compliance monitoring and enforcement by the DIR.

QUALIFICATIONS

You must possess a valid Class A or C32 Contractor's License at the time of the bid opening.

You and any subcontractors must be registered with the DIR pursuant to section

1725.5 of the Labor Code. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a bid from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code section 1725.5.

You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date.

One of the three reference projects must have been completed as prime contractor under contract with a city, county, state or federal government agency.

iv

Two of the referenced projects must be for sign and/or striping work.

One of the referenced projects must be for installation of Rectangular Rapid Flashing Beacons.

Failure to provide reference projects as specified in this section and as required on the qualification form may be cause to reject a bid.

The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.

The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works and Utilities or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the

1. knowledge

2. experience,

3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.

Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.

It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract may be improperly awarded, the bidder may protest the contract award.

Only a bidder who has actually submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

Protests must be filed no later than five working days after the bid opening date.

Protest must be in writing and received by the project manager located at:

San Luis Obispo, CA 93401.

Valid protests must contain the following information:

1. basis for the protest. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based

2. all supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

v

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance with the specified time limits. Anything submitted after the specified time limit may not be considered.

The Director of Public Works and Utilities or Designee may request additional information to be submitted, unless otherwise specified, and will notify the protester of ruling.

If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.

The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including appeal of the ruling to the City Council, filing a Government Code Claim, or initiation of legal proceedings.

City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

Pursuant to the Public Records Act (Government Code § 7920.000 et seq.), the City will make public records available upon request.

AWARD

The lowest bidder will be determined using the BID TOTAL.

As a condition to executing a contract with the City, a payment bond and performance bond each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. Each bond must be issued and executed by a surety admitted in California.

You may substitute securities in lieu of retention under the contract in compliance with the provisions of the Public Contract Code § 22300.

ACCOMMODATION

If any accommodations are needed to participate in the bid process, please contact Kelly Mokbel at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781- 7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.

BID FORMS

A

BID FORMS

All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid guaranty (bid bond, cashier’s check, or certified check) may be cause to reject the bid as nonresponsive. Staple all bid forms together.

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

3. read the accompanying instructions to bidders and propose to furnish all:

1. materials

2. labor to complete all the required work satisfactorily in compliance with

1. plans

2. specifications

3. special provisions for the prices set forth in the bid item list:

BID ITEM LIST FOR 2026 MINOR SIGN AND STRIPING PROJCT, SPECIFICATION

NO. 2001003-04

Item No.

SS(1) Item Description Unit of Measure

Estimated Quantity

Item Price (in figures)

Total (in figures)

1 7,12

TRAFFIC CONTROL &

MOBILIZATION

LS 1 --

2 84

REMOVE CONFLICTING

PAVEMENT MARKINGS

LS 1 --

(S)

INSTALL RRFB SYSTEM AT

FROOM RANCH WY & SAN

LUIS RANCH RD

LS 1 --

4 82 REMOVE (E) PUNCH POST EA 25

5 82 REMOVE (E) SIGN EA 49

6 82 INSTALL PUNCH POST EA 39

7 82 INSTALL R1-1 SIGN EA 1

8 82 INSTALL R1-2 SIGN EA 2

9 82 INSTALL R1-5 SIGN EA 2

10 82 INSTALL R2-1 SIGN EA 1

11 82 INSTALL W3-1 SIGN EA 1

12 82 INSTALL R3-2 SIGN EA 2

13 82 INSTALL R10-15(MOD) SIGN EA 4

14 82 INSTALL W11-2 SIGN EA 32

15 82 INSTALL W16-7P SIGN EA 42

16 82 INSTALL W16-21P SIGN EA 3

17 82 INSTALL R26(CA) SIGN EA 11

18 82 INSTALL R26(S)(CA) SIGN EA 1

B

19 82 REINSTALL SALVAGED SIGN EA 2

20 82

INSTALL WHITE K71 FLEX

POST

EA 1

21 84

INSTALL PARKING TEE PER

CITY STD 7410

EA 2

22 84 INSTALL RED CURB PAINT LF 120

23 84 INSTALL GRAY CURB PAINT LF 20

24 84 INSTALL 12" YELLOW LF 92

26 84 INSTALL DETAIL 22 LF 375

27 84 INSTALL DETAIL 25 LF 80

28 84 INSTALL DETAIL 27B LF 100

29 84 INSTALL DETAIL 38 LF 40

Total Project Bid $

Company Name:

(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.

(S) – Specialty item per Section 5-1.13A SUBCONTRACTING, General of the Standard Specifications

C

LIST OF SUBCONTRACTORS

Pursuant to Section 4100 of the Public Contract Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.

For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.

NOTE: If there are no subcontractors, write “NONE” and submit with bid.

Name Under Which Subcontractor is Licensed License Number

DIR Public Works Registration Number

Address and Phone Number of Office, Mill or Shop

Specific Description of Subcontract

% of Total Base Bid

Attach additional sheets as needed.

D

LABOR CODE SECTION 1725.5 STATEMENTS

The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

Yes No

The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes No

NOTE: The above Statements are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

E

NONCOLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ____________________ [title] of _____________________________________ [business name], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state].

s/________________________________________

Name [print]

F

BIDDER ACKNOWLEDGEMENTS

By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)

The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.

Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .

The above statement is made under penalty of perjury, and any bid not containing this information may be considered non-responsive and may be rejected by the City.

Signature of Bidder

(Print Name and Title of Bidder) DIR– Public Works

Registration No:

Business Name (DBA):

Owner/Legal Name:

Indicate One: Sole-proprietor Partnership Corporation

List Partners/Corporate Officers:

Name Title

Business Address

Street Address

Mailing Address

City, State, Zip Code

Phone Number

Fax Number

Email Address

Date

G

QUALIFICATIONS

Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, may be cause to reject the bid. Additional information may be attached but is not a substitute for this form.

Reference Number 1 Customer Name & Contact Individual

Telephone & Email

Project Name (Site Address):

Is this similar to the project being bid or did this project include sign and striping activity? Yes □ No □

Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?

Yes □ No □

Reference Number 2

Customer Name & Contact Individual

Telephone & Email

Project Name (Site Address):

Is this similar to the project being bid or did this project include sign and striping activity? Yes □ No □

Date project completed:

Was this contract for a public agency?

Reference Number 3

Customer Name & Contact Individual

Telephone & Email

Project Name (Site Address):

Is this similar to the project being bid or did this project include installation of Rectangular Rapid Flashing Beacons (RRFB)?

Yes □ No □

Date project completed: Was this contract for a public agency?

H

ATTACH BIDDER'S BOND TO ACCOMPANY BID

Know all men by these presents:

That we ____________________________________________, AS PRINCIPAL, and

_______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:

____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden, ______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.

Bidder Principal:

Signature Date Title:

Surety:

Bidder's signature is not required to be notarized. Surety's signature must be notarized.

Equivalent form may be substituted (Rev. 6-30-14)

SPECIAL PROVISIONS

ORGANIZATION

Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS

1 GENERAL

Add to Section 1-1.01 GENERAL:

The work must be done in compliance with the City of San Luis Obispo, Department of Public Works and Utilities:

1. 2026 Minor Sign and Striping Project Special Provisions

2. City of San Luis Obispo Standard Specifications and Engineering Standards –

2025 edition

3. State of California, Department of Transportation Standard Specifications and

Standard Plans – 2024 edition

In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of San Luis Obispo’s Standard Specifications.

Failure to comply with any obligation under the contract documents constitutes a breach of contract.

Add to Section 1-1.07 DEFINITIONS, Glossary:

Contract Documents: The executed Contract, including the component parts listed in Article III of the Agreement.

3 CONTRACT AWARD AND EXECUTION

4 SCOPE OF WORK

Add to Section 4-1.03 WORK DESCRIPTION:

Comply with the provisions of Section(s) 7, 12, 82, 84, 86 for general, material, construction, and payment specifics.

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Unless stated otherwise below, work hours are 7:00 a.m. to 4:00 p.m. (Monday through Friday) at all the affected streets.

Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:

www.slocity.org/government/department-directory/public-works/documents-online/construction-documents

Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.

Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic.

DIVISION X ELECTRICAL WORK

86 ELECTRICAL SYSTEMS

Add Section 86-1.08 RRFB PAYMENT:

As shown on the bid item list, installation of the Rapid Rectangular Flashing Beacon (RRFB) systems will be paid by Lump Sum. The lump sum unit price must include furnishing and installation of all equipment needed for the operation of beacon system as shown on the plans and specified in the Standard Specifications and these Special Provisions. Unless otherwise indicated on plans, each beacon system includes, but is not limited to:

1. Solar engine kit

2. Beacon light bars

3. Battery system

4. APS Pushbuttons

5. Pushbutton frame and sign placards

6. Pushbutton posts and conduit

7. Mounting hardware

8. Electrical conductors/wiring

Punch posts and pedestrian warning signage to be installed at each beacon location are included as individual bid items.

APPENDIX

APPENDIX A - FORM OF AGREEMENT

THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the City) and COMPANY NAME (hereinafter called the Contractor).

WITNESSETH:

That the City and the Contractor for the consideration stated herein agree as follows:

ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of

NAME OF PROJECT, SPEC NO.

in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the City, in strict compliance with the Contract Documents hereinafter enumerated.

It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the City or its authorized representatives.

ARTICLE II, CONTRACT PRICE: The City shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:

Item No.

Item Unit of Measure

Estimated Quantity

Item Price (in figures)

Total (in figures)

1.

2.

3.

BID TOTAL: $ .00

Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.

If any dispute arises regarding the work or contract price, Contractor must follow the procedures in the contract documents, including the requirements on change order requests and dispute resolution.

ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

3. Special Provisions, any Addenda, Plans and Contract Change Orders

4. Caltrans Standard Specifications and Standard Plans 2024

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Labor Code Section 1725.5 Statements

8. Bidder Acknowledgements

9. Qualifications

10. Noncollusion Declaration

11. Agreement and Bonds

12. Insurance Requirements and Forms

ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents, in bidding or performing the work or in failing to comply with any obligation of Contractor under this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s acts or omissions in bidding or performing the work or in failing to comply with any obligation of Contractor under this Agreement. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of 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 the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

ARTICLE V: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

ARTICLE VI LABOR CODE COMPLIANCE: This Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in the contract documents.

The project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR.

City may not enter into the Agreement with a bidder without proof that the bidder and its subcontractors are registered with the DIR to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions.

Pursuant to Labor Code § 1861, by signing this Agreement, Contractor certifies as follows:

“I am aware of the provisions of Labor Code § 3700 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 will comply with such provisions before commencing the performance of the work on this contract.”

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.

CITY OF SAN LUIS OBISPO

A Municipal Corporation

Whitney McDonald, City Manager

APPROVED AS TO FORM CONTRACTOR:

Name of Company

By:________________________________

J. Christine Dietrick Name of CAO/President

City Attorney Its: CAO/PRESIDENT

(2nd signature required if Corporation):

By:________________________________

Name of Corporate Officer

Its: ____________________