SPECIAL PROVISIONS
Item
No. SSnr
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fioures)
Total ltem
Price
(in fiqures)
13 73 STAMPED CONCRETE
PAVING SQFT 60 lo0 6ro6o
14 32
1413
PERMEABLE PAVERS -
VEHICULAR SQFT 4,750 3Z \ S?noa o
15 39 ASPHALT PAVING -
VEHICULAR SQFT 11,000 l?-.oo t34Oao
16 73 CONCRETE STAIRS SQFT 190 tzs Z 5,7So
17 73 CONCRETE CURB RAMPS EA 4 2Boo ll,Zoo
1B 73 CONCRETE CURB RAMPS AT
PLAYGROUND EA 2 S,roo t l.oos
19 73 DEEPENED CURB _ B" AT
PAVERS LF 810 \30 I o.L3oo
20 73 DEEPENED CURB _ 12" W LF 315 t60 So,4oo
21 73 MOW CURB 12'AND 14' LF 765 7( SJ,ogo
22 73 coNcRETE CURB - 6" (CITY
STD) LF 320 8S ?7 tzoo
23 73 CONCRETE CURB & GUTTER
(CITY STD) LF 400 q3 37,2o o
24 73 CONCRETE CURB & GUTTER
(ROLLED) LF 126 16 0 \?.r 60 o
25 73 CONCRETE CROSS GUTTER LF 70 GS 4,S.So
26 73 1B" CONCRETE CHANNEL LF 20 360 6rooo
27 73 SITE WALL _ CLASS 1
PATHWAY LF 700 Lz) l5?,566
28 51
SEAT WALL _ 8" NO
RETAINING LF 13 3so al,Ss o
29 51 SEAT WALL _ 8" RETAINING LF 68 elOo 21,20 o
30 51
SEAT WALL AT PICNIC
SHADE STRUCTURE LF 36 Lr z, l\3oo
31 51 CHEEK WALL LF 220 Z7s SQ.4oo
32 51 PLAY WALL - A LF 95 ?30 3 l.3so
33 51 PLAY WALL - B LF 90 tqt l]..ss c
34 51 PLAY WALL - C LF 50 ?- 65 lj.ZSo
35 5'1 PLAY WALL - D LF 45 ?,+S \?r375
36 51 PLAY WALL - E LF 30 330 9,4o o
37 51 PLAY WALL - F LF 60 6qt {1,?oo
3B 51 PLAY WALL - G LF 45 29,a a \26.oco
39 51 PLAY WALL - H LF 60 l?s tO,Se6
40 51 PLAY WALL - I LF 66 l.oo o 6G,oao
41 51 PLAY WALL - J LF 20 l.qoo GQ.oo o
42 51 PLAY WALL - K LF 66 I ooo 6e ,oo o
SPECIAL PROVISIONS
Addendum #4 - 2
SPECIAL PROVISIONS
Item
No. SSrl
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fioures)
Total ltem
Price
(in fiqures)
43 51 PLAY WALL - L LF 42 6So 27Jco
44 51 CMU WALL LF 50 4oo Zoroo o
45" 32-
3300 SKATE DETERRANTS EA 50 lro'"" 1, foo
46 32
31 18 FENCE _ WOOD RAIL FENCE LF 440 G t'oo zg.6E
47 32
31 '18
FENCE - WOOD GUARDRAIL
W/MESH LF 1075 7 S'o" Bo, Gzs
48 32
31 19
FENCE - METAL PICKET
GUARDRAIL LF 150 3so 5/,So o
49 32
4440
FENCE _12FT SPORTS
FIELD WELDED WIRE LF 640 Llo'oo l3'l,"loo
50 05
5000 FENCE - METAL WALL RAILS LF 65 qs0 74,25o
51(F) 05
5213 HANDRAILS AT RAMP LF 225 7.Zs So.A?J
52(F) 05
5213 HANDRAILS AT STAIRS LF 60 {lo 2],0 c o
53(s) Varies SOUTH RESTROOM LS 1 l,l3o,ooo
54 (s)
13 3000
SHADE STRUCTURE AT
PICNIC AREA LS 1 Llotoda
55 (s)
13 3000
SHADE STRUCTURE AT
PLAY AREA LS 1 tzgtoOO
56(s)
o4
2000,
05 5000
TRASH ENCLOSURE LS I llJ,oco
57(s) 11-
681 3
PLAYGROUND EQUIPMENT LS 1
l,9u,ooo
58 32
1 816.1
3 POURED IN PLACE RUBBER SQFT 9,250 3Z 2Q6,ooo
59 32
1816.1
e
ENGINEERED WOOD FIBER SQFT 4,375 q 3e3+S
60 73 PARK ENTRY MONUMENT
SIGN LS 1 zl t 0OO
61 32
3300
SITEFURNISHING_6FT
PICNIC TABLE EA 7 S,6oo ?1,?,oo
62 32
3300
SITEFURNISHING_6FT
PICNIC TABLE (ADA) EA 1 S,1oo €,7 oo
63 32
3300
SITE FURNISHING _4FT
ROUND TABLE EA 2
'1, roo lrooo
64 JZ
3300
SITE FURNISHING - BACKED
BENCH EA 3
'/,00o l?ooo
65 32
3300
SITE FURNISHING -
SCULPTURAL BENCHES LS 1 18 ,ooo
66 32
3300
SITE FURNISHING - TRASH
RECEPTACLE EA 10 f, doo fo,ooo
67 at
3300 SITE FURNISHING - BBQ EA 2 z, 100 I too
6B
4,,)
3300
SITE FURNISHING _ BIKE
RACKS EA 1 4oo'uo 100
69 32
3300
SITE FURNISHING -
DRINKING FOUNTAIN EA 1 7, ooo 7, Ooo
SPECIAL PROVISIONS
Addendum #4 - 3
SPECIAL PROVISIONS
Item
No. SSrl
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fiqures)
Total ltem
Price
(in fiqures)
70 32-
3300 REMOVABLE BOLLARDS EA 4 3,0oo lz/ooo
71 2a
1713 WHEEL STOPS EA 4 LL{.4 lcto
72 1 000 DOMESTIC WATER LINE LF 340 {o'o" /3,6oe
73 32-
1000
FIRE WATER SERVICE &
METER LS 1 lt,ooo
74 32-
1000 FIRE WATER BACKFLOW EA 1 /3r{ao'- l9 soo
75 32-
1000 FIRE WATER LATERAL LF 195 7S'oo I l, 6zf
76 64 6" HDPE STORM DRAIN PIPE LF 455 67'"" 30 ?e{
77 64 8" HDPE STORM DRAIN PIPE LF 1250 1l'" il3 Tfcs
78 Not Used
79 62 24" X24" CONCRETE SD
CATCH BASIN EA 3 7,,/oo'"" lZ,soe
80 62 36'X 36" CONCRETE SD
CATCH BASIN EA 3 6, / oo'"o 18w
81 32-
3000 SEWER CLEANOUTS EA 4 ?, foo' /4 )ao
82 62 CONNECT TO EXISTING
STORM DRAIN MANHOLE EA 1 zt foo- z. {ao
83 62 SLIM CHANNEL DRAIN LF 1 1 5 l6o tSQ oo
B4 64-2 SIDEWALK UNDERDRAIN -
3"X5" ALHAMBRA LF 5 loco 51600
B5 64 ATRIUM GRATE EA 28 I 6o 'oo q. /60'
86 32-
3000 SEWER LATERALS LF 475 ?o'oa /2,7{o
87 64 STORM DRAIN CLEANOUTS EA 4 7, Baa'* tlt?oa
8B 32-
3000
COAT EXISTING SEWER
MANHOLES EA 2 1,/&'oo //, aoo
B9 20 EARTHEN SWALE LF 730 30'oo zl,?&
90 (Ft 64 EIOTREAMENT SOIL MEDIA CF 7,800 /.o" 3 lrzdo
91 F) 25 *!a.2 sToNE (BIO
RETENTION BAS'A'S) CF 7,800 /0'ou 78,0@
92 25 ENERGY DISSIPATOR
STONE CY 6 ?oo
'"
t/,7.o0
93 84. FAVEMENT STRIPING LF 760 lz'oo 9,tzo
94 84 PAVEMENT MARKINGS SQFT 1 300 lz'"o I f.600
95 84 CURB PAINT LS 1 l, oo oP l,oo0
96 82 SIGNAGE & POSTS EA I {?5'd LZt;
97 B6
ELECTRICAL - POLE LIGHT
FIXTURES EA 38 9,40 0 351 ,7.o0
98 86 ELECTRICAL _ BOLLARD
l.-IGHT FIXTURES EA 3 3,o o0 Q, ooo
SPECIAL PROVISIONS
Addendum #4 - 4
SPECIAL PROVISIONS
Item
No. SSrl
Item
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in fiqures)
Total ltem
Price
(in fioures)
99 B6
ELECTRICAL - MISC
FIXTURES EA 3 4roo 2,troo
100 B6 ELECTRICAL SWITCH BOARD EA 1 JS.ooo Jl oc"
101 86 ELECTRICAL LS 1 \;o.ooo {f 0, ooo
1A2 B6 PG&E COORDINATION LS 1
(0.ooo lo.ooo
103 20-2 iRRIGATION LS 1 t/3s,w
104 20-3 PI-ANTING - SHRUB 15 GAL EA 65 /b0'oo /0, ?&
105 20-3 PI-ANTING-SHRUB SGAL EA 582 l6'^ ZLn o
106 28-3 PLANTruG-SHRUBl GAL EA 747 30'oo 28,30C
107 20-3 {'I.ANTING - 4'POTS EA 256 z3'oo g, go8
108
I
2o-3 IPLANTING-PLUGS EA 2570 g.ou lz,gso
109 2A-3 PLANTING - GRASS SOD SQFT 76,625 1.so //f, gst'so 110 20-3 PLANTING - HYDROSEED SQFT 8,300 .30 z,qqo
111 20-3 TREES - 48" BOX EA 3 2,6oo'* '7.800
112 20-3 TREES _ 36" BOX EA 6 /,loo'" b,6rc
113 20-3 TREES -24" BOX EA 46 9To'd 2t 3od
114 20-3 ?-R€ES - 15 GAL EA 15 Z/o'oo 3.tfo
115
(F) 2A-5 3'MULCH SQFT 36,750 ,80 71,'/OO
116
I
2.0-5 I I-ANDSCAPE BOULDER I
EA 17 lr1 oo'o' zgloo
117 20 LANDSCAPE MAINTENANCE/
PLANT ESTABLISHMENT
EA
MONTH 12 6, foo'n 7 8, aoo
118 20 P,ARK MAINTENANCE
SF-RVICES
EA
MONTH 12 6, {oo'" 7 8, dcto
Bid Total (or Base Bid) $ I o.je?, .ratt _$3o
BrD ALTERNATE #1 (PTCKLEBALL AREA)
1-1 8,12 i\4OBILIZATION &
DEMOBILIZATION LS 1
IiZ.'ooo lJ?,.ore
1-2
(F) 16 TEMPORARY FENCING LF 630 7
.uo t/, "/lo
1-3 13 WATER POLLUTION
CONTROL LS 1 1,{00
1-4 8
COIViPLIANCE WITH
BUiI-DING PERMIT
RFQt-JIREMENTS
LS 1 1,000
1-5 8
COMPLIANCE W GRADING
ORDINANCE & APCD
PFRMITS
LS 1 '7-1, ooo
1-6
..:URVEYING &
CCNSTRUCTION STAKING ll LS 1 zo,7oo
SPECIAL PROVISIONS
Addendum #4 - 5
SPECIAL PROVISIONS
Item
No. SSrl
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fiqures)
Total ltem
Price
(in fiqures)
1-7
(F) 17-2 CLEARING AND GRUBBING SQFT 24,500 .zo /,ro
1-B
(F) 19 EARTHWORK - CUT CY 1,800 / B.oo 32, /oo
1-9
(F) i9 EARTHWORK - FILL CY 1 ,190 23''o 21,3 7o
1-10 19 IARTHWORK -
OVEREXCAVATION LS 1 72, O00
1-11 40 CONCRETE PAVING -
PEDESTRIAN SQFT 3000
'L
Q610oo
1-12
(s) 40 i CONCRETE POST TENSION
i counrSLABS SQFT 14850 Lo %QJ,ooo
1-13 32 1 SPORTS COURT SURFACING
1820 i & STRtPtNG LS 1 6Z.ooo 6?r,ooo
1-14 11
6833 PICKLEBALL NET EA 8 t sOo ?9.o60
1-15 /-1
I
i coi{cRETE STATRS SQFT 60 105 ?,],Qco
1-16 73 DEEPENED CURB _ 12" W LF 140 t7) ?4'5fo
1-17 fi,.i IOURT WALL - A LF 200 35o 70\ 06 0
1-18 JI COURT WALL - B LF 105 6GJ 6q,825
1-19 51 i couRT WALL - C LF 60 750 4Jrdoo
1-20 E. t, COURT WALL - D LF 105 Ggo 7 t,qoc
1-21
..,
.SK'\TE DETERRANTS 3300 EA 25 l5o'oo 3,7{o
1-22* JI
3300
FRE-FABRICATED
I]I-EACHERS EA 2 ll,gcxt'* 78,60o
1-23 3300
SITE FURNISHING FURN _
-l-i'?A.sH EA 2 €,{oo'e lL?ao
1-24
'12 SITE FURNISHING _
JJ,U(J DRiNKING FOUNTAIN EA 1
'7,000 a.l 7,0&
1-25 3:? i iENCING & GATES - COURT
3','i3 : l-'f,RtMETER 10 FT LF 740 3rr'"' 77|,too
1-26 32 i i:Lil\CING & GATES -
3'ii3 iii{-t"ERloR4FT LF 370 qs'oo 3f, tSo
1-27 i)2 i L'ENCE - WOOD GUARDRAIL
3 i1s I VUtvtf SH LF 175 7 t'"" lj, ES
1-28 firt S-TORM DRAIN CLEANOUT EA 3 3.croo 1,Ooo
1-2e i
I
6tj. IJ, JDPE STORM DRAIN PIPE LF 100 (r8'"" G, 8oo
1-30 64-2 ::;! .lltl CHANNEL DRAIN LF 230 /(00'ou %,806 1-31 .tz3000 Si:WER LATERALS LF 150 6z'.oo 1,3..c,0
1-32 3000 *qiiWER CLEANOUTS EA 1 Zroo'e ztoo
1 -33 B2 i $IGNAGE & POSTS EA I 175'ao "/.2 7{
1-34
(F)
05 7300 FIANDRAILS AT STEPS LF 4 'l-2oo $,Sao
SPECIAL PROVISIONS
Addendum #4 - 6
SPECIAL PROVISIONS
Item
No. SSro
Item
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in fiqures)
Total ltem
Price
(in fiqures)
1-35 86 tr!-ECTRICAL - SPORTS
I-IGF.IT FIXTURES EA 20 $ooa t6o,ooo
1-36 B6 ELECTRICAL _ BOLLARD
LIGHT FIXTURES EA 5 30oo l51d o o
1-37 86 ELECTRICAL LS 1 44Poo Q4, oos
1-38 20-2 !i:IFIiGATION LS 1 ?zaaa
1-39 2C-1
$OII- PREPARATION -
iAI\DSCAPE AREAS SQFT 4,750 0o 3,000
1-40 20-3 F.'I-ANTING _ SHRUB 5 GAL EA 64 16'oo z"t4l
1-41 20-3 i;ILT\NTING - SHRUB 1 GAL EA 46 0e od 5,qs6
1-42 20-3 Tr-tLES -24" BOX EA 1 6oo'* e,e
1-43
(F) 2A-3 3" IV]ULCH SQFT 4,750 .6b 3,0oo
1-44. ?a LANDSCAPE MAINTENANCE/
i:'L;ril.lT ESTABLISHMENT LS 1 3, co oo
1-45 20 I PA.F.K MATNTENANCE
I $LIRVICES LS 1 7c'oO
Alternate #1 - Bid Total $ l .l gT 9or.oo
BID ALTERNATE #2 (UPPER LEFT QUADRANT)
2-1 B,12 ,\4OBiLIZATION &
;-l;:MOBILIZATION
4A -iI-[,{PORARY FENCING
LS 1
ll,1S,6oo ? 4S.oo o
2-2
(F) LF 1 050 1'ao 7,35o
2-3 13 STORM WATER POLLUTION
r,:ONTROL LS 1 ,1,000
2-4
I i-;oivipLlnNCE wtTH I i -.;i-rii-niNG PERMIT
j I^-.LQUIR.EMENTS
LS 1 1,oo o
2-5
COI\IPLIANCE Wi GRADING
.IiDINANCE & APCD
ilEii.[/iTS
2-6 E SJUR.VEYING &
CO|JSTRUCTION STAKING
LS 1 71, a0Q
LS 1 3€,{u
2-7
(F) 17-2 .JLEA.RI NG AND GRUBBING
19 :AF]TIIWORK - CUT
SQFT 73,300 ,'?tO l/,(co
2-B
(F) CY 5,040 jo'oo lS/,ZAo
2-9
(F)
rtftJ/ r:AT{TFlWORK. FILL CY 3,725 /7'."u // zoo
2-10 19
|-ARTHWORK -
OVHREXCAVATION LS 1 /2, aao
2-11 40 LIONCRETE PAVING -
i]EDF,.STRIAN SQFT 14,660 27 3QS,8z o
z- 1 2 4A C;OI\JCRETE PAVING
VEHiCULAR SQFT 410 3$ lS,S$o
2-13 32
1413
PERiViEABLE PAVERS -
\,/EHiCULAR SQFT 5,740 to l17,Loo
SPECIAL PROVISIONS
Addendum #4 - 7
SPECIAL PROVISIONS
Item
No. SSrl
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fiqures)
Total ltem
Price
(in fiqures)
2-14 39 ASPHALT PAVING -
VEHiCULAR SOFT 12,500 1z' od tsaM0
2-15 05
8000
PREFABRICATED BRIDGE #1
8. CONCRETE ABUTMENTS LS 1 E$0. ooo 5 to.ooo
2-16 Varie
J
BOCCE COURT LS 1
\oroo o
l.lO\ooO
2-17
(s) 40 CONCRETE POST TENSTION
COUR-I SLABS SQFT 8,400 'l,o l6B,ooo
2-18 1 820
SPCIRTS COURT SURFACING
& STRIPTNG LS 1 3q oao
2-19
'i1
6833 BASKETBALL HOOPS EA 2
"l.5o6 t(.oqs
2-20 | :1^ : OOJJ FU'ISOL GOALiHOOPS EA 2 l?.S o a ?S.,oo o 2-21 73 COhICI{ETE STAIRS SQFT 140 l'to lQ,f, oo
2-22 -7e COFICRETE CURB RAMPS EA 5 J,ooo (.5,oo o
2-23 i,i i DEEPENED CURB-B"AT
I pp.vn,ns LF 710 lZo $5.Zoo
2-24 73 DEFPENED CURB _ 12" W
cor.,rcRETE cuRB - 6'(crTY
sr})
LF 1120 l5'o 16 t1 oo.
2-25 7:" LF 460 ?; 3 {qzo
z-/-r) : a!.
r CO|.ICRETE CURB & GUTTER
i (ST.O.hIDARD) LF 225 88 141$ooe
2-27 I, 7,J I CIi\,:RETE CROSS GUTTER il LF 130 f,o 6.soo z-2. ou
r:.i $l-il: WALL. - B" (NO
f?.F,i-i:NTION) LF 6.5 3Jo 'I.r?7)
2-2.5 " 5'l si.r"E WALL - B" (RETATNTNG)
a ln r:,,' 1.-JW I \- '
i
I {ir]-E WALL - 12" (NO
i I-{[T::I\TION)
LF 420 5so ? 3l,ooo
LF 245 4to I t?.60o
ae4 4,--t l l!'r i SilE WALL - 12" (RETAINING)
'
LF 210 63o \3 2,300
2-32 li'i i ,'jrijAl'WALL (NO RETENTION) LF 60 3to 2l.Ooo 2-33 5i si:l{f w/\LL (RETAINING)
2-34. ER Frp,c El) S EATWAL L
z-53 fll\ilu WALL
2-36* I :;I<NTT DETERRANTS 3300
LF 100 l1'2.5 {2,5o0
LF 1 lQ.ooo I $. ooc
LF 190 4 qs 94.oso
EA 75 lfo'oo l/, zr0
z-J7
:)2 i S;;l-E FUI-tt{lSHlNG-6 FT
33c0 i FlilNiC TABLE EA 3 {,soo'* /Q,{re
o acr 2,-JO
12 I SITE FURNISHING-6FT
J JLJU ,,I3NiC ADA TABLE
2-:i9
'-;2 : IiTi FURNISHING _
a:.,1 FIACKLESS BENCH
2-tiC) SI'I[ FURNIISHING - TRASH 3J00
EA 1 5,7 od* f ,7cso
EA 1 Z, too'" 2, QoO
EA 4 ,{&'- 7z,OOA
IiITi: rURhIISHING
- BIKE
l:] i\ r\ l.'c. L-t". 1
3.r0,1
EA 1 Q fo'* ?fl'*
SPECIAL PROVISIONS
Addendum #4 - I
SPECIAL PROVISIONS
Item
No. SSrrr
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fioures)
Total ltem
Price
(in fisures)
2-42
,)o
C i IJ
FENCE _ COURT PERIMETER
1O FT LF 230 22 s'"' g,zf,o
2-43 32
3'i 1B
FEI\ICE _ WOOD GUARDRAIL
W/MESH LF 625 7 t'* 76 a7f,
2-44 32
A, tO
FENCE - METAL PICKET
GIJARDRAIL
IJAI'.IDRAIL AT RAMP
LF 280 3oS $s14oo
l-L,C
(F)
05 7aJO0
LF 270 'L 4o 64, 8oo
2-t.6
(F)
05 7iJ00 I'I,\I.JDRAIL AT STAIRS LF 55 316 l?,ofo
rna
z-L' t I sooo VEHICULAR GATE EA 1 l,ooo'" 7. ooo
2.-.3
(s) Vari ES \IOR"i':-i RESTROOM LS 1 97o, a oo
2-49
(s) 3000
SI"'IADE STRUCTURE AT
BOCCE COURTS LS 1 loE aoo
2-50 62 1B"x18" CONCRETE SD
CATCH BASIN EA 14 2, ddo'o 37, ZCO
2-51 6l 36'')(36" CCNCRETE SD
CATCH BASIN
2 -52 64 .4-itltut't GRATE
4 re 64. 6'' I.:DPE SIORM DRAIN PIPE
2-5+ 64 g" ;jt-rPE STORM DRAIN PIPE
EA 1
e , ooo''" 6, ocso
EA 35 / (o'" {,600
LF 2,150 Co'^ lLl,ooa
LF 15 J5'o' l,t7(
2-55 6?_ Sr-llvl CHAIINEL DRAIN LF 26 / 60''u 4, t6o
.i2,,TRENCH DRAIN
a E--/ JJ 8" l-illPE SI:WER MAIN 3000
aco L-ta 33 Si:\ /ER MANHOLES 3000
2-59 Jt- f;0Ar i:XISTING SEWER
30c0 lvlAi'Ji-i(]l.FS
LF 12 32s 3,ao o
LF 195 l?-> ?4'3t s
EA 2 /f,a o o@ 34doo
EA 2 7,to o'n /faoO
2-60 :.i3
r 3000 iJEVVER L.ATERALS LF 50 8o'* fl qc,o
2-61 .r.)
3000 l:;!,:Wi:Fi CLEANOUTS EA 1 7,T1ro'n 290
2-62. l\) T,\I]. iFiEI\I SWALE LF 135 3 r'* 1,lCI{
2-S3
(t:'t 20-'! i:iiCIV I{EATMENT SOIL MEDIA
i,:c.2 sTfdf/E (Blo-
,l:i: !"}:!{T\CIt\d 8Asr rs)
CF 3900 t,oo /7,roo
-.1, z-uLl
ft:l
'..),i CF 3900 /z''o /6,800
2-65 t:.f'.i F RGY D ! SSI PATOR
s"l-{-rNF
2-66
i
8z! l-:, -',\/:ivt Ii\J STRI PING
4,:_ B4 l-', \ V';:. lvi Ei\1" MARKI NGS
(-.i.lit;:i Pl\!i.iT
CY 3 1oo L, 100
LF 800 17.'o" Q,6o0
SQFT 570 l7'o' C8ru
LS 1 3oo
EA 3 ?7f 'no /,/zf
EA I I 01 ooo $0. ooo
2-68
2-69) l;lGi{hGE & POSTS
'::-tuO /RIGA L - POLE LIGHT
""/!:?"ir'f
:,ig.S
z-;a ' iifr
SPECIAL PROVISIONS
Addendum #4 - I
SPECIAL PROVISIONS
Itenr
No. SStrl
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fioures)
Total ltem
Price
(in fiqures)
2-71 - r-' OU
F.i E,CTRICAL - SPORTS
LIGHT FIXTURES EA B $.600 6S.9oo
2-72 Eb I i:I-FCTR/CA L - BOLLARD
i L.i'3}.1T FIXTURES EA 2 B.too lJ'6o o
2-,73 t.: t
hi{E#TRffiA[- - MISC
FJ-YT{/}?FS
2-72). Jii EI CTRICAL SWITCHBOARD
EA 2 l.oog Z.ooo
EA 1 feer Vfi4llrbP*
a'/r (1ll 4-, tr r rr_1 r.i_i::cTiRlc,\L
2-76 r Bb i-]G&I COCRDINATION
W,j[:,-L- S'iOPS
; 'i+ 2-78 i zooo, -i ii,tiSi i Ii'iCLOSURE (s) .lJ
5000
i._-'o i'lE iii;?l(-)ATl()N
2-ta ::t] i ,D;--4fVTfliG * SHRUB 15 GAL
LS 1 tg6{66pt"o tf[4pr'
LS 1 3 o. oc'O 39. ooo
EA 12 z/o'o oZ, BBO
LS 1
[?5. ooo lZ5, ooo
LS 1 7{, oeo
EA 23 / fo-'" 3,lfo
4 )4 rt;t
L-L t , ;!/ 'i :3!_,4:lTtht,:) *. SHRUB 5 GAL EA 370 t/t "* /c,6rc 'P!_.14flT!h!G .- SHRUB 1 GAL EA 624 12
''"
764
j)/_ lt,f iliAl{.t ..- 4" POTS EA 280 .O,O c. /0
t rl,{ d,.iriTd&/fi - PLUGS EA 1128 I
,OO 6 40
i) :0 .iP.E
r.c 24 BOX EA 38 Zl BA
2-f15 ll :
','t-.lf L: - 3e" BOX EA 6 (" (,oc;
?-t:1 i 't0 i 1. F?l:':L -- 'i5 GAL EA 15 /o 'ao /to
2-td
^rt l {r rr n I r
..1 l\/,i- L-L,i-l SQFT 23,600 ,00 /8 0Bo
2.-:t'! l:tJ
I-ARGil LANDSCAPE
LirJUi.DEil' EA 5 /,7 oo {&
)-(tt\ i .rl i
i ,,\ i,i!- (r,a A )l: !-r- t !lrUUr\l L
FlA.i f!TEf\lAl{CE/PLANT
|:STABLISiiMENT
EA
MONTH 12 /,0oo / Zraoo
2-91 'tA i]AR.iI" MAINTENANCE
t\ _ r!\ /!^,_ . \
L) -:!"! v l -,1- i:)
EA
MONTH 12 /, ooo / 4aoo
Alternate #2 - Bid Total S.3eo.zqo.eo
!3rD ALTERNATE #3 (B|KE PUMP TRACK AREA)
3-i 8,'i2 lvl0i:JiLiZA-flON &
Di:lvi?i3lL.l7ATlON LS 1 Ijo,ooe \Jo, o6 o
3-? .. c
]U
-l-ciliPORARY BRIDGE FOR
,1 i .n ;:: c' c. r',1, !,1-$O
LS 1 50,oo6
3-3
/tr\ LF 900 1,oo 6soo
J6,oo6
lJa,ooo
:c i !::iVPOR,l;i. f FENCING
SPECIAL PROVISIONS
Addendum #4 - 10
SPECIAL PROVISIONS
Item
No. SSirr
Item
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in fisures)
Total ltem
Price
(in fioures)
3-4 i3 STORIV WATER POLLUTION
CONTROL LS 1 /Zreo
?._6 o
COIVPLIANCE WITH
BUILDING PERMIT
REQUIREMENTS
J-r)
COh4PLIAI{CE Wi GRADING
C|:TDiNAI{CE & APCD
PERl\IiTS
ary i
r-:,UR'VE:YiltiG &
ijCi,JS'l RUCTION STAKING
3-8 4 /-') C l-!.:,r.Rl r.* G AN D GRUBBI NG
a.',
i::,li;.:,.1 i-iVrlO RK - CUT
LS 1
/,zoo
LS 1
/, zoo
LS 1 H,ooo
SQFT 40,000 ,70 S.aaa
LS 1 ft.,&o
3-1 J
(F)
'i:) :,a.1:lT:-jwcRK _ FILL LS 1 ZZ, ooo
3-11 l::l\,{-i'-1\,voR.K -
O\/EREXCAVATION LS I //, oao
3-12 zi0 i:e :JiillTE PAVING -
FEDTS.tTRiA\]
3-1 3
05 i]P.IF A.SR.iCATED BRI DGE #2
& COi.'!CilE TE ABUTMENTS
3-14 ii 'i SEA,I WAL-I- - RETAINING
3-1 5*
'-.) .rii.'!,i ii: I E'iERRANTS .ll rc
3-1 6
JZ
3.JC0
S;i-i' i: i: URi(iSHlNG -
i:;l\t)i(t ESS BENCH
3-17 32 Sil"i: i:Ui?l'iiSHlNG - TRASH
3:lLr0 i:i:.JE TACLE
SQFT 1,090 3q 3?.oGs
LS 1 34o,ooo J4oro6.
LF 35 t{ qs l5,S+5
EA 15 lf o'"o L,LfO
EA 4 2.,?cto'o" /0.du
EA 2
5;5Ztooo // o@
3-1 8
.l;2
._- ic i:i.;'J(.;;-: - V,IOOD RAIL FENCE
3-1 I
:i.i.rT. i .. !,VOOD GUARDRAIL
Viri ill.SFi
3-20 til
LF 300 ls,od v@ /3,fu0
LF 330 7t'o o
z4 7fo
EA 12 3 eoo 3G 'eso
EA 3 7lf ou /, lZT
LS 1 i 2o.o <o ?fo, o.,
LS 1 t8c. ooo l? €,.soo
EA 5 1 -tr Bo q+ \ooe
LS 1 Io r0o 0 So, ooo
LS 1 3t too
EA 1 z.too'* 2' too
EA 1 Zlct'oo zlo
EA 12 / so''" /rNao
EA 29 /o'oo /,t6o
(;i i i itti r{ [\' I;l:i"AlN
3-21
I
i:;L i i:jir.iir/rilE 1r, POSTS I
3-22 :.1,:..t: irUlVi r: TRACK S
J-ZJ
3-24
')t
,: i:.'
:"1 ' l-' r( i ::'l'iii-i-S TRACK
I !:I ICJTI{.ICAL POLE LIGHT
Fll',.;-t..i!r,IS
3-25
eaa
:..-L-Lr I I rturll
z, t.z iiqi.t:tjATIC)i\l
i)? ; i::-..r,i..: I tlri.: .TREES 48'BOX
)-3 ' i:;, ."r,i,it:i,u I-REES - 15 GAL
3-29 2,)-3 i Fl4\.NtTil\:G SHRUB - 15 GAL
3-30 L )-.) ;:,1.,::.1i1-i ; irJG SHRUB _ 5 GAL
SPECIAL PROVISIONS
Addendum #4 - 11
SPECIAL PROVISIONS
Total ltem
Price
(in fiqures)
Unit of
Measure
Estimated
Quantitv
Item Price
(in fiqures)
Item
No.
Item
Description
3-31 EA 107 ?-o'n 7, ///6 o1.1 L\ J' .) i:TL./.\.i'JTiNG SF.IRUB - 1 GAL 3-32 .7d 2,sLf 2C.:) I]L,AN]-I NG HYDROSEED SQFT 7,750
SQFT 5,000 , fl0 /,^do
!. Af\ I-lSCA.PE BOULDERS EA 5 /,70 o" &.ru
J"JC Lt)-J
3-34 :iil
4ri r.'t rr nt I
.l lvr L.l L'-, a1
6fo' 7/
^Ad
EA
MONTH 12 : L/..itiDSCAPE MAINTENANCE/
j P:,i.r,l- ISTABLISHMENT
.> 1E '/a\
4-1 ; B. '12 LS 1 lQo,aoc
qq3 Alternate #3 - Bid Total $l 7,9J.oo
llo-oo o
nTD,ALTERNATE #4 (UPPER RIGHT QUADRANT)
tui 0l:l ; LiZl'.-l-lChl &
rJtMr(:BiLiZATION
LS 1 5o,ooo 'i i:i\.,!fr,3R/'.kY BRIDGE FOR
ACCESS
': 4-2 5
LF 1,090 1,030 .o2 7
LS 1 l{aoo
LS 1 /,?oo
,: i-ii{lVi WA I-trR POLLUTION
CJiviPLiANCE WITH
i-:i;r, li,)iG PtrRMlT
fi[QUllli:n',l5NTS
it, 4-3
4-.4.
4-S "r
-i'[:l'/i PORIlitY FENCI NG
'_ -t, i af_,r_.!
,._., -.tti, , i'i,l_ llLS 1 t/ aao
LS 1 Stoa)
CY 4,180 a?)ou 1l,1Go
CY 2,230 ll'oo T',l,s3O
LS 1 ,O 1WA
CC!i!.4 Pi-lAr\icF Wi GRADING
Ll i:i ii { ;\.\1.,r CE & APCD
irl.r:ft4l iii
riiil::V['/iNG &
CCi'IS-I IiUCTION STAKI NG
li i ;.r],, t-rr-;'rry3RK
- FILL
4.10 /','-rt :J
J
[,4.f-t-il-i\\'oRli - cuT
/:.- |
4-)
a.-q,
i::P,l-aili\'VORK -
r-i'v L: li. Fil CAVA,TI O N
SQFT 5,000 a+ \35.6oo
SQFT 4,400 71'o" 1Z1,kso
SQFT 8,100 /z'oo 77,zrc
[.06o',ooo l LS 1 roco.ooo
SQFT 13,200 tq tJo,goo
LS 1 5/,ooo
EA 2 /,fu)''u 3,60o
SQFT 76 160 tLrt6o
4,o6 o
clloo 4--"',J '. I EA 1 o
/r-i6
/i,
1.", i
i ' a\.)
t -. a)
LF 950 ILS \\E.?S6
' 3L-..,,j i irf "t:.,!::ABL ir PAVERS -
i:':'Ll:- :::A.B iLi lAl-ED BRI DG E #3
[t i ;, _,i\j,]li.i:'i E ABUTMENTS
ii;ir,,;itr l"[ POST TENSION
I.ii. ) I j ii',- -q.li.BS
,-.;,*)i t.;i ir:"i-i: cuRB RAMPS
r;:':..'i-:l\,:::] CURB - B" W
f,i,l, ..r.,{i:-,',: S-TAI RS
/t '-) r-r
VI NG
.:.i-.)f.li-S C0URTS &
I'r.i. i'.:!r,r i \:! hli:ll
4-'i1
4-i2
4-15
.tt-l-i.l.i:r :NG
C''' ili.lFl-ii F'AVING -
rr;,1';!,, gf p. j.n.\
4-'t3 i
4-'i4
i
t.;
8t:10
SPECIAL PROVISIONS
Addendum #4 - 12
SPECIAL PROVISIONS
Itein
No.
Item
Description
Unit of
Measure
Estimated
Quantitv
Item Price
(in fisures)
Total ltem
Price
(in fiqures)
4-21 LF B5 1", 14,$ls
4-22 "!') C;Oi.lCilETF: CURB - 6" (CITY
sTi))
I c;oitcnrrE CURB & GUTTER 4-23 .:j s i-AiiDAtiD
4.-2)zL', I I'i r"t:- i/r,/rr.l.-l- *-'12'(RETAINING)
LF 190 q6 l?.loo
LF 210 los zl.66a
LF 100 6so G5.soo
4-2.5 i
i c;-rut.tt w/'.LL LF 12 3ts 3 .?3"
4-26 5'1 i C)|J.Jil-i VV/\LL - A LF 120 3+s {5.oo o
LF 110 650 )l.Ioo
LF 120 650 ]gro0d
LF BO 8oo GQroao
LF 180 8s 151306
EA 20 160'a tzce
EA b hGao'- 2I Cod
EA 4 {{ao'* T\dA
EA 1 l fo'* Ito
EA I 2/o'* / 7V2
LF 460 2qt','o I St zao
LF 750 6g'oo S/, Ocn
LF 72 llo '?,4,SLo
LF 70 33o Z 3.rco
LF 25 4oc, tt,5oo
LS 1 6o,oo0
LF 680 6 7'o0 4/f, 16o
LF 400 ao'oo zg.0m
EA b Z 0oo'- /6,&o
EA 2 6ooo* t40e
EA 2 l6o jLo
LF 320 3r'"o 1. qzo
CF 2,950 tl'ou 11,800
CF 2,950 l7'oo 3{,'/oo
\)
4"27 ' ,, rl.t:._1,1"t W.rrll - B
r?'i vvAi_t_ - c
I.1T WALL - D
[.4.J4/ CUR.i-] "i2'AND 14"
ST.Iii"I-F DFTERRANTS
i;l'r :: i:rjRi.l - BACKED
l_ r'_ I i,- : '
j,; .li-l_l
i:i :': t:--lRN!SFllNG - TRASH
i:li;': FURi'..iSl'tlNG - BIKE
i--, -r,,1\J,
4-28
4:29
4-31*
4-3?..
4.-::':a
4-:J'-t,
4.--35
zj-.,:- '
^-'^ r
J] U
J I-'J
3.,.,0
'')-
-'r'l'-,10
I
ai--'J I
i i'i:: I' i',:i-, -' L,rL:-T,\L PICKET
i ilrJ.,t,.1ilRA.li-
\r. ;. I :/.:l ::;') flF.i
'\ i'::: ',:
r-:.:i' (-.j--, b,'\$lN
;,f:'iii;l_lr\4 GitA"it:
:,' . \:Ti:II'T,' _ COURT PERIMETER
a '1 ,,r, r'1_
, i'.I !
l:, i::i. cril:,,,r1r-:cD GUARDRAIL
! /J i-:( Ll ,;i_ .., , t i
4--.:,_r
.). \_/iJ
i.').i iilF,,rriu AT RAMP
t,
,1,',, , I "',1 ll.,'l,filL AT srEPS
,'ii.-,CTURE AT (!)-
4-a,'Z ,,.,,;. i:)' !:t:?:l: slcRM DRAIN PIPE
4"'.t'.s {' i. i 8" F i-rr':':'. S;-iORM DRAIN PIPE
', '.1 i 1t.:i.icRETE sD
a--L.-) I :,,U";::ld" CCNCi:RETE SD
i ._,,,:^, i_,rt B;ri.:jliri
A i-7
MEDIA
':-t , .:,,,.-;.. .,1 :.:'liJ':,1tr iBIA i r':l': - i:;",1i ;rrOi'.' ^A/lS/rV
SPECIAL PROVISIONS
Addendum #4 - 13
SPECIAL PROVISIONS
9 l'iem
on
4-5i l:.-:.'v'FN,iEiv-j- STRI Pl NG
4-a';
A Eft 1.:1 &.-;,!l _i
(-) -f
i,i ii
:,! | i:rl\\,/i:N4EN-i MARKINGS
il r.JitB i:rl\iitl lOSTS
POLE LIGHT
, ILICTRIC,I.L SPORTS LIGHT
: l:1.'( i tJi:?.E{i
t:l !:C-tRlCAt- * BOLLARD
FIX'IUITTS
.:L rr{lTili(.lAL /: :'-
"t ".t
A-|tg /-. ) 1- r::.li?iG,\;lCirj
4-dU 2 , r | ,-' .'.iJ:' r\U - GRASS SOD
,:',i,l'l ii'i{' TR:E - 24" BOX
1-62 2,: 3 itr-.:tr\l-lllilG TREE - 15 GAL
/1.'.,.t l:'.L.il"#:"ll/G SF.jR{/B - 15 GAL
2': 3 \ rrj.;irv;"f.i.{lJ StrRUB - 5 GAL
...-Ll-. :t'..)
ar-,.1 ,l
4".tt 5 2..i.3 ' iri..t:_,vl'lll{.j s,r-lR{/B _l GAL
: : .1\i\ ij:l(_:/1.,rE i\{A.lNTENANCE/
; i.'i"P NI- F!]]NBLISHMENT
i :)]J\RK i.IT.]NTENANCE
' :ll,:f lVi,l;'S
Alternate #4 - Bid Total
gid
= (Base Bid + Bid Alternative)
Gt; ;;,paui,r' .,jat'r ie, o
('1 ) i',,1ers tc sr:r;tion in lre
woll.:
ard Specifications, in the Special Provisions, that describe required *^. ' Bit, i +m e.re,ii,:.rt iii;rrr Section 9-1 .068 and 9-1 .06C of the Standard Specifications. The unit price will not be adjusted regi:iiiiess cf ii:t fir,al : i:i i.crr quantity.
(i:) * ,::inal Perv lri:irrs pr,;i Section 9-1 .02C of the Caltrans Standard Specifications. Bid item quantity will not be adjusted bas--;{ :-;n acLuial qltani.iiy measured in the field.
(S)- r:per.:iait, i ,:rrs r:,r'Sedion 5-1.13A of the Standard Specifications. These items will not be counted toward the self. :eiJori"naiirce requii-ement.
SPECIAL PROVISIONS
Addendum #4 - 14
-i.1.'.;ll F
Total ltem
Price
(in fioures)
liern
No. Siirtr
Unit of
Measure
Estimated
Quantitv
Item Price
(in fiqures)
CY 3
I0a'* 4-50 S'i.ONE
Fi\lERGY DISSIPATOR z/{@
l2 ,crc) LF 400 4 dao
SQFT 110 I2'4 /,vu
4-53 LS 1 boo
EA 4 f7s'* /,7oo
EA 4 16,o t, 64rooo
EA I 8.qoo TJ.6oo
?oo o 9Z.oeo EA 14
LS 1 llo,, o oo tlo. ao
LS 1
I 61, ctoo
SQFT 5,041 l.so 7, S6l',to
EA 29 fuo'* /2. loa
EA 8 2/0'oo l, (o0
EA 15 l1o'na z,fgo
EA 297 q{'oo /3%e
EA 577 3o'* /7, yo
,oo EA 1014 .r t azo
SQFT 19,750 .eo /{dao
EA B lrl b',oo / 3,60o
EA
MONTH 12 /,1 oo zqloo
12 1,7 00 Zor./OO EA
MONTH
$ 3. a6s.o3l .so
$22.?12' l33.oo
i o^"
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2'1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE'' and submit with bid.
Name UnderWhich
Subcontractor is Licensed License Number
Address and Phone
Number of Office, Mill or
Shop
h,,
/,oS st/7
Specific
Description of
Subcontract
Keslroo^
DIR Public
Works
Registration
Number
1z?-l
zTlL
o/o ol
Total
Base
Bid
8/r,\
d 1ro>ta /00d C{ltto ,&
JL
(
&ntro 1b0817 /0ooo3ct/88 ?0.
0,
( "vtk"l (pryr 7p,gg11 0l0ds"t/a8 2 o lSox LZ|Z
0 0 t0 gTa nwla)
* CA
rYr'/ 4L
ntLl/t/
c lan;la(({
- /t//
(7'
);s
(
(tt,,,w*{< re -cL
Qtn*tle
(a arucho"-,l,,rc
Attach additional sheets as needed
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE" and submit with bid.
Name Under Which
Subcontractor is Licensed
LAC,
c
License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
o/o ot
Total
Base
Bid
^@'sh
^'C$
3t t,t/37 @
1614tr /ilMilnq7 662/S Bike
CA Pururz //bz/<
0s
q.rf
(rl/tt)
- 47C0
llotool3ft- P'O' &x. z/o7
@A ?^utl (o6yst4z
y:,i/'
ctr.l@ gaffe l006d0tlt17
lMlL
Attach additional sheets as needed
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2'1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1t2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf 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
f'cnciota
J
o/o of
Total
Base
(*
t#
6dd'
Ur,J tff
B; 91838/ /1oodortul t
8s//zq /Xwus
nce
t5
Trr>fu (onslrarit^ 0 1/A' /loooat>12 Gr*^ (/o"<-
- n0/
\ Sn;Jh '/70 "/ /8 l0m0o14a Bil d. &//rr^t,o
/ lt c1r,>l "L
M (A -(l*<
,-r7Eb ?4bw
rlo
lnc
all4
/ - 90ao
Attach additional sheets as needed
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2'1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE" and submit with bid.
Name Under !ryhich
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
o/o of
Total
Base
Lo)o-r'\
S;ht
?, -
( e-
.118 i6 s /00tu0#/6 lootzlx.sbM @M7, (csD:pz:1ilt T
{\t;ess,*' E\$7SO lWzlqtr@lM
-1fo
Ca?qr /cuoad{186 zrr€8
?u""j" I
M foc,r\,f
4latztl IA$/q?07 ?tt go" Aqrt
l*,> 6 CA ?-\s
t- 3 F<nb(
S,[r"c+".t
I
C
s
bv*c,t h Y W
?.ts
ft"i
Attach additional sheets as needed.
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf 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
o/o ol
Total
Base
Bid
2q,It,
T"'
$avcc4l 8r08so zr/?q 3
4Wc^ (arsfu$r-..,
\*c.
RI
( t I' Ft^h^rNt t;,
Attach additional sheets as needed
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE" and submit with bid.
Name UnderWhich
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
o/o of
Total
Base
Bid
Attach additional sheets as needed.
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Gode section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE" and submit with bid.
Name UnderWhich
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
o/o ot
Total
Base
Bid
Attach additional sheets as needed.
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 112 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1 .13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of lndustrial Relations pursuant to Labor Gode section 1725.5 to be listed.
NOTE: lf there are no subcontractors, write "NONE" and submit with bid.
Name UnderWhich
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
o/o ot
Total
Base
Bid
Attach additional sheets as needed
SPECIAL PROVISIONS
16
SPECIAL PROVISIONS
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
ln compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that,the bidder, or any s'ubcontractor to be engaged by the bidder, has -,
has not
X_ been-convicted within the preceding three years of any offenses referred to in that (ection, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC GONTRACT CODE SEGTION 10162 QUESTIONNAIRE
ln compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
lf the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
ln compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is
SPECIAL PROVISIONS
17
SPECIAL PROVISIONS
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 Y,. ruo
The bidder is currently debarred under Section 1777.1or under any other federal or state law providing for the debarment of contractors from public works.
Yes X= *o
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
SPECIAL PROVISIONS
18
t
SPECIAL PROVISIONS
NON.COLLUSION DECLARATION
Jeffrey Brough
, declare that
lam President of Brouqh Constructl
the party making the foregoing bid that the bid is not made in the interest of, or on behalf ol any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on tO / ttl ,20 25 ,
in Grande
I declare under penalty of perj laws of the State of California that the foregoing is true and correct.
{sEAt_i
gee At\acJ.ld €tofiir*--e-^i
(s natu and Title of Declarant)
Subscribed and sworn to
this ,20
Notary Public
Company 11"t"' Brough Construction, lnc
SPECIAL PROVISIONS
19
1 GAtlFORlllA JURAT wlTI{ AFFlAltlT STATEIIIENT GOVERNMENT CODE S B2o2 Msee Attached Document (Notary to cross out rines 1-6 below) tr See Statement Below (Lines 1-6 to be completed only by document signer[s], nof Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) { notary public or other ofiicer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of Galifornia Subscribed and sworn to (or affirmed) before me County of
on this lttfh day of OCloher- ,20_25-
by Month Year
(1 ra
(and
Name(s) of Signe(s)
proved to me on the basis of satisfactory evidence to be the (s) who appeared before me.
Signature
Signature of Notary Public
Sea/
Place Notary Seal Above
Though fhis secfibn is.optional, completlng this information can deter alteration of the document or fraudulent reattachment of thls form to an unintended document.
Description of Attached Document
Title or Type of Document
NumberofPages:Signe(s)otherThanNamedAbove:
@2014 National Notary Association ' www.NationalNotary.org . 1-800-US NOTARY (1-800-826-6827) ltem #8910 ),
SPECIAL PROVISIONS
By signing below, the
in all contract docum
addendum number(s)
DIR- Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
lndicate One:
List Partners/Corporate Officers:
I lodoo /\
BIDDER ACKNOWLEDGEMENTS
bidder acknowledges and confirms that this bid is based on the information contained ents. includino the notice to
fl l' ,d7.s3, Cl bidders, plans, specifications, special provisions, and (Note: You are responsible to verify the number of
addenda prior to the bid 5pening.) '
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.
Af t zzo
Licensed in accordanqe with an act providing for the registration of contractors, License No.-, Expiration Date S/a t lzo?G
The above statement is made under , and any bid not containing this information "will be considered non-responsive and will City
Signature of
(Print Name and of Bidder)
Br ns*rvcf;o n lv\c.
trSole-proprietor tr Partnership
t
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
EmailAddress
Date
Gro*)r- CA
?Bq- -777q
5 C) 4
3 o
(6011 17 3 zLl 17
rs
?-3
o Osn \/v1,
SPECIAL PROVISIONS
20
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact lndividual City of San Luis Obispo- Bobby Browning Telephone & Email Tel: 805-540-1 031 Email: [email protected] Project Name (Site Address): City of San Luis Obispo: North Broad Street Park ls this simihr to the project being bid
and include construction within a
public park?
YesX No!
This project includes:
X Site development including excavation and grading
X lnstallation of wet and dry underground utilities
X ADA compliant concrete installation, including curb ramp and/or sidewalks
tr New building construction
I Playground Equipment lnstallation
! Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Promenade entrance with ADA accessibility to
the proposed playground equipment, shade
structure, picnic area, cornhole boards, raised
garden plots, wheelchair accessible plots,
composting and gardening area, and benches.
Additional street frontage improvements include
sidewalk replacement and culvert guardrail
replacement at the west side of Broad Street.
Was this contract for a public agency?
YesX Nott
ls this reference project from work
completed as the prime contractor for
the project?
YesX Non
Date completed:
August 2025
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
Reference Number 2
Customer Name & Contact lndividual
Trumark Homes- Jerry Meyer
Telephone & Email
(805) 888-7 234 Jerry Meyer <j meyer@tru ma rkco. co m> Project Name (Site Address):
AvilaRanch-Phases1,2and3,offsiteworkincludingTankFa@
ls this similar to the project being bid
and include construction within a
public park?
YesZ Notr
Was this contract for a public agency?
Yesd No!
ls this reference project from work
completed as the prime contractor for
the project?
Yesd No!
This project includes:
d Site development including excavation and grading
d lnstallation of wet and dry underground utilities
d ADA compliant concrete installation, including curb ramp and/or sidewalks
n New building construction
! Playground Equipment lnstallation
D Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Construction of public improvements including cross
walks, handicap ramps, signalization of intersections,
landscaping, uiility rerouting, paving, striping, street lights.
Date completed
8t2025
SPECIAL PROVISIONS
22
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Num
Customer Name & Contact lndividual
Lucia Mar Unified School District - Michael Dixon
Telephone & Email Tel: 80s-3 31-422T Email: [email protected] Project Name (Site Address):
Lucia Mar Unified School District Office Parking Lot (602 Orchard St, Arroyo Grande, CA 93420) ls this similar to the project being bid
and include construction within a
public park?
Yes f1 No tr
This project includes:
XSite development including excavation and grading
X lnstallation of wet and dry underground utilities
X ADA compliant concrete installation, including curb ramp and/or sidewalks
! New building construction
! Playground Equipment lnstallation
! Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Provide all manpower and equipment
necessary to install Parking lot
improvements. lnstall hand rail, ramps,
curbs, concrete paving, asphalt paving,
striping and drainage.
Was this contract for a public agency?
YesX No!
ls this reference project from work
completed as the prime contractor for
the project?
YesX Notr
Date completed:
July 2024
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Num I
Customer Name & Contact lndividual
California State Parks Chris Fridrich
Telephone & Email
(831) 667-2315 Christopher. [email protected]. gov
Project Name (Site Address):
Campground & Big Sur Station Accessibility Modifications uto t\umoer: u't vtruu'r u
ls this simihr to the project being bid
and include construction within a
public park?
Yesd Non
Was this contract for a public agency?
Yesd No!
ls this reference project from work
completed as the prime contractor for
the project?
Yesd Non
This project includes:
d Site development including excavation and grading
d lnstallation of wet and dry underground utilities
d ADA compliant concrete installation, including curb ramp and/or sidewalks
d New building construction
! Playground Equipment lnstallation
! Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Construction of 2 new ground up restroom buildings
and Remodel of 2 other restrooms to meet current
ADA requirements. Construciton of ADA parking and
path of tiavel improvements througout the state. park.
installation and utilities for the new and remodeled
restrooms
Date completed:
8t2t21
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Num
Customer Name & Contact lndividual
Citv of Pismo, Eric Eldridqe
Telephone & Email
(805) 773-7041 [email protected]
Project Name (Site Address):
Citv of Pismo Beach Chumash & Palisades Parks
ls this simibr to the project being bid
and include construction within a
public park?
Yesf Notr
Was this contract for a public agency?
Yesf, No!
ls this reference project from work
completed as the prime contractor for
the project?
Yesfl NoD
This project includes:
E Sile development including excavation and grading
y'lnstallation of wet and dry underground utilities
d AOncompliant concrete installation, including curb ramp and/or sidewalks
! New building construction
/ ebyground Eq uipment I nstallation
tr Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
As the prime contractor, work on the above
project included the following: Water pollution
control measures, demolition, earthwork and
grading, concrete pavement, ADA compliant
facilitates, curb ramps, decomposed granite
pavement walkways, play area equipment and
surfacing, concrete curbs and walls, site
furnishings, stairs, landscaping, parking lot
paving and striping, signage, storm drain
system, turf repair, tree planting, irrigation
system modifications, and maintenance.
Date completed
812012024
SPECIAL PROVISIONS
21
.t SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Numbe
Customer Name & Contact lndividual UC Berkeley - Eddie Chau Telephone & Email Tel: 341-215-8051 Email: [email protected] Project Name (Site Address):
Finch Creek Barrier Removal (38501 E. Carmel Valley Road, Carmel Valley, CA 93924) and include
public pqrk?
ves {
ls this similar to the project being bid
a
Was this contract for a public agency?
YesX Non
ls this reference project from work
completed as the prime contractor for
the project?
YesX No!
Date completed:
November 2023
This project includes:
XSite development including excavation and grading
X lnstallation of wet and dry underground utilities
X ADA compliant concrete installation, including curb ramp and/or sidewalks
! New building construction
! Playground Equipment lnstallation
I Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Removal of existing creek barrier. Construction
of new vehicle bridge over Finch Creek with
abutments, railings, and concrete driveway.
lncludes erosion control, revegetation, water
diversion and dewatering, temporary fencing
and mulching at staging areas. Construction
within the creek.
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
Abbott I Reed, lnc.,
Reference Number 2
Customer Name & Contact lndividual
San Luis Obispo Nonprofit Housing Corperation Michael Burke Telephone & Email
(80s) 594-5330 [email protected]
Project Name (Site Address):
487 Leff Street, San Luis Obispo, 93401
ls this similar to the project being bid
and include construction within a
public park?
Yes Xl No !
This project includes:
! Site development including excavation and grading
! lnstallation of wet and dry underground utilities
! ADA compliant concrete installation, including curb ramp and/or sidewalks
E New building construction
tr Playground Equipment lnstallation
tr Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
New construction of commercial offices and commercial
restrooms. The offsite portion of work included a public pocket park.
Was this contract for a public agency?
YesE Nol
ls this reference project from work
completed as the prime contractor for
the project?
YesE Notr
Date completed: 0311712025
SPECIAL PROVISIONS
22
SPECIAL PROVISIONS
l\bbott I Reed, lnc.
Reference Number 3
Customer Name & Contact lndividual
Capstone Commercial Properties, lnc. Ricky Nelson
[email protected]
Telephone & Email
(e49) 891-0510
Project Name (Site Address):
Artisan Apartments (aka: The Lofts at the Creamery) 564 Higuera St, San Luis Obispo, CA 93401 ls this similar to the project being bid
and include construction within a
public park?
Yes! Nom
This project includes:
! Site development including excavation and grading
! lnstallation of wet and dry underground utilities
! ADA compliant concrete installation, including curb ramp and/or sidewalks
E New building construction
! Playground equipment lnstallation
I Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Development and new construction of a 36 unit apartment building including a Concrete foundation under a podium, CMU Elevator Tower, and Common Area.
Was this contract for a public agency?
Yes fl No K
ls this reference project from work
completed as the prime contractor for
the project?
YesK Non
Datecompleted: 0710212025
SPECIAL PROVISIONS
23
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to relect the bid. Additional information may be attached but is not a substitute for this form.
Abbott I Reed, Inc. ,
Reference Number 1
Customer Name & Contact lndividual
San Luis Obispo Nonprofit Housing Corperation Michael Burke Telephone & Email
(805) 5e4-5330 [email protected]
Project Name (Site Address):
405 Atascadero Rd, Morro Bay, CA
ls this similar to the project being bid
and include construction within a
public park?
Yesn NoE
This project includes:
fl Site development including excavation and grading
! lnstallation of wet and dry underground utilities
! ADA compliant concrete installation, including curb ramp and/or sidewalks
K New building construction
tr Playground Equipment lnstallation
tr Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
New construction of (35) two and three story residential units, a leasing office, laundry facility, exterior restrooms, and community space with kitchen. The four detached buildings surround an outdoor courtyard, and includes new site
retaining walls and public right of way improvements.
Was this contract for a public agency?
YesE No!
ls this reference project from work
completed as the prime contractor for
the project?
YesK Nol
Date completed: 0211212024
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
GT4 .,:th., (45p4^e<
Reference Number 6
Customer Name & Contact lndividual Rarj-g Construction
Telephone & Email
805-5 43-9397 grGrariq. com
Project Name (Site Address):
Parish Winery 3950 Adelaida Rd, Paso Robl-es
ls this similar to the project being bid
and include construction within a
public park?
YesX NoA
This project includes:
tr$ite development including excavation and grading
n lnstallation of wet and dry underground utilities
n ADA compliant concrete installation, including curb ramp and/or sidewalks
n New building construction
n Playground equipment lnstallation
tr Bridge construction
Describe the services provided and how this project is similar to that which is being bid: Construction of Conspan Bridge includingt Abutments, Foundation, Installation and
Wing walls
Was this contract for a public agency?
Yes n No Et
ls this reference project from work
completed as the prime contractor for
the project?
Yes I No Dt
Date comPlelsfl'20I7
SPECIAL PROVISIONS
26
SPECIAL PROVISIONS
Gi1affit"S",r et\r+-
Reference Number 6
Customer Name & Contact lndividual
Spurr Co
Telephone & Email
80s-238-0834 dave@spurrco. com
Project Name (Site Address)
TaIley Farms
ls this similar to the project being bid
and include construction within a
public park?
Yes DI NO tr
This project includes:
n Site development including excavation and grading
n lnstallation of wet and dry underground utilities
n ADA compliant concrete installation, including curb ramp and/or sidewalks
! New building construction
tr Playground equipment lnstallation
Dr Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
ConsLruction of Conspan Bridge including
Abutments,Foundation, Instaffation and
Wing wafls
Was this contract for a public agency?
Yesn NoE
ls this reference project from work
completed as the prime contractor for
the project?
Yes N No DI
Date completed: 2 010
SPECIAL PROVISIONS
26
SPECIAL PROVISIONS
Gile fi^r QrPo*
Refere{rce Number 6
Customer Name & Contact lndividual
Rava Wines Clint Cooper
Telephone & Email
805-7 4B-3Q41 cbcooperGqmail. com
Project Name (Site Address):
Rava Wines Bridge
ls this similar to the project being bid
and include construction within a
public park?
Yestr NoR
This project includes:
I Site development including excavation and grading
! lnstallation of wet and dry underground utilities
! ADA compliant concrete installation, including curb ramp and/or sidewalks
tr New building construction
n Playground equipment lnstallation
a Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
Design, Engi-neering, Foundations,
Abutments, Fabrication and fnstallation
of a steel and concrete bridge for
Vehicular Traffic
Was this contract for a public agency?
Yesl NoE
ls this reference project from work
completed as the prime contractor for
the project?
Yesl NoE
Date completed: 20I9
SPECIAL PROVISIONS
26
SPECIAL PROVISIONS
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Number 1 Central Coast Playgrounds, lnc.
Customer Name & Contact lndividual
Citv of Pismo. Eric Eldridoe
Telephone & Email
(805) 77 3-7 041 [email protected]
Project Name (Site Address):
City of Pismo Beach Chumash & Palisades Parks
ls this similar to the project being bid
and include construction within a
public park?
Yesfi No n
This project includes:
n Site development including excavation and grading
tr lnstallation of wet and dry underground utilities
n ADA compliant concrete installation, including curb ramp and/or sidewalks
! New building construction
/ edygrornd Equipment I nstallation
f] Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
lnstalled play area equipment and site
furnishings
Was this contract for a public agency?
Yesf, Non
ls this reference project from work
completed as the prime contractor for
the project?
Yes I No il
Date completed:
8/2012024
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
! t) t!
QUALIFIGATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project's Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Number 1 Central Coast Playgrounds, lnc.
Customer Name & Contact lndividual City of San Luis Obispo- Bobby Browning Telephone & Email Tel: 805-540-1 031 Email: [email protected] Project Name (Site Address):
City of San Luis Obispo: North Broad Street Park
ls this similar to the project being bid
and include construction within a
public park?
YesX Nol
This project includes:
! Site development including excavation and grading
n lnstallation of wet and dry underground utilities
n ADA compliant concrete installation, including curb ramp and/or sidewalks
tr New building construction
I Playground Equipment lnstallation
n Bridge construction
Describe the services provided and how this project is similar to that which is being bid:
lnstalled play area equipment & site furnishings
Was this contract for a public agency?
Yes EX No n
ls this reference project from work
completed as the prime contractor for
the project?
Yes ! No/
Date completed:
August 2025
SPECIAL PROVISIONS
21
SPECIAL PROVISIONS
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
Jhsl lys BRoUGH CONSTRUCTIoN, lNC.
, AS PRINCIPAL, and
THE OHIO CASUALTY INSURANCE COMPANY AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
TEN PERCENT OF AMOUNT BID Dollars 10o/o 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 lS SUCH, that if the certain bid of the above bounden PRINCIPAL
to construct RIGHETTI RANCH PARKS - COMMUNITY PARK
(insert name of street and limits to be improved or project) f,3fgj OCTOBER 9TH,2025 is accepted by the City of San Luis Obispo, and if the above bounden PRtNCtPAL 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,
PRINCIPAL 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. lN WITNESS WHEREOF, we hereunto set our hands and seals this 6rH day or [[I0BER ,20-25 .
Bidder CONSTRUCTION, INC.
Title
Surety:
THE OHIO CASUALTY INSURANCE COMPANY
KEVIN E. VEGA, A
Bidde/s signature is not required to be notarized. Surety's signature m Equivalent form may be substituted
(Rav.6-30-14)
SPECIAL PROVISIONS
27
a rl
w
Libertv
MutudL
SURETY
POWER OF ATTORNEY
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
Certificate No: 821 3326-969577
KNOWN ALL PERSONS BY THESE PRESENTS: llat The Ohio Casualty lnsurance Company is a corporation duly organized under the laws of the State of New Hampshhe, that Christiansen: Kevin E. Veea: Philio E. Vesa
more one
execute, seal, 0n as as any and all underlakings, bonds, recognizanc€s and olher surety obligations, in pursuance of these presents and shall be as binding upon lhe Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper per50ns.
lN WITNESS WHEREOF, this Power ol Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of lhe Companies have been affixed thereto this I Oth day of March . 2o2S
Liberty Mutual lnsurance Company
The 0hio Casualty lnsutance Company
West American lnsurance Company
state
By
4n/
Nathan J. Zangerle, Assistant
State of PENNSYLVANIA
County of M0NTGOMERY
0n lhis I oth day of March . 2025 belore me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistani Secretary of Liberly Mutual lnsurance Company,The Ohio Casu-iSXornganlr-nd West American lnsurance Company, and that he, as such, being aulhorized so to do, execute the fotegoing instrurnent for the purposes therein contained by signing on behalf of the corporations by himself as a duly aulhorized officer. lN WITNESS WHEREOF, I have hereunto subscribed my name and a{fxed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year lirst above written.
By /-frlL
Pastella, Notary
Power of Attomey is made and execuied pursuant to and by authority of the following By-laws and Authoilzations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and eflect reading as follows:
ARTICLE lV-OFFICERST Seclion 12, Powerof Attorney.
Any officer oi other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subjec{ to such limitation as lhe Chairman or President may prescribe, shall appoint such attomeys.in-fact, as may be necessary to act in behalfof the Corporation to make, execute, seal, acknowledge and deliver as have full power to bind the Corporation by their signature and execrtion of any such instruments and to attach thereto the seal of the Corporation. \Men so executed, instruments shall be as binding as if signed by the President and atlested to by tho Secretary. Any power or authority granted to any representative or attomey.in-fact under provisions of this arlicle may be revoked at any time by the Board, the Chahman, lhe President or by the ofllcer or otlicers granting such power or authority.
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. shall appoint such attomeys.in-fact, as may be necessary to act in behalf ol the Company to make, exeorte, seal, acknowledge and deliver as surety any and all undertakings, Company by their signature and execulion of any such instruments and to attach thereto the seal of lhe Company. When so executed such instruments shall be as binding as il signed by the president and attested by lhe secretary.
Certificate of Designation - The Presideot of the Company, acting pursuant to the Bylaws of lhe Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such olher surety obligations.
Company, wherever appearing upon a certilied copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and elfecl as tilough manually atfixed.
l, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do has not been revoked.
lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th dayol October 2025 1912 1919 1 991
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Mmlgomery Counly
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1912 1919 1991
LMS-12873 LMIC OCIC wAlC Mulli Co 02/24
By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate Verifles only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County qy LOS ANGELES
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before me, Philip Vega, Notary Public
Kevin E. Vega, Attorney-in-Fact
On October 6th, 2025
personally appeared
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PHILIP VEGA
Noury Pubiic - Gtifornia
Los Angeles County
Comflission # 2490569
Comm, E.xpires,rtay 31, 2028
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiry under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. prev e nl th ud ule nl rc nov al
WTNESS my hand and official
Place Seal Above
OPTIONAL
Though lhe inlomaton below ls not rcquired by law, it may prcve valuable lo persons rclying on lhe document ancl reattachment ol lhis tom lo anothet document.
Description of Attached Document
Title of Type of Document:
Document Oate:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signe(s)
Number of Pages:
Signer's Name Signer's Name: tr lndividual tr Corporate Oflicer Title(s): O Partner-DLimited EGeneral tr Attomey in Fact tr Trustee
tr Guardian or Conservator tr Other;
tr lndividual O Corporate Officer Title(s): tr Partner-tr Limited D General tr Attorney in Fact E Trustee tr Guardlan or Conservator tr Other:
Signer is Represenling: Signer is Representing:
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CA\DD\02000.501 I 1\1 01 51 761.2 22 (UPDATED:01-19)
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING APPROPRIATION OF CAPITAL
PROJECTS RESERVE FUNDS TO SUPPORT THE RIGHETTI
COMMUNITY PARK PROJECT, SPECIFICATION NUMBER 2000054
WHEREAS, on May 20, 2025 the City Council authorized advertisement of the Righetti Community Park Project, and delegated authority to the City Manager to award the construction contract if the lowest responsible bidder was within the Engineer’s Estimate of $9,950,000; and
WHEREAS, the project includes the construction of a new playground, sports field, parking lot and restroom to provide a recreational asset for the entire community; and WHEREAS, one bid additive alternate #1 is to be awarded to deliver pickleball courts as part of this project; and
WHEREAS, to provide sufficient funding for both the project base and additive alternate #1, staff recommends that the City Council approve the use of an additional $1,900,000 from the Capital Project Reserve Fund; and
WHEREAS, a balance of $3,904,675 is currently available in the Capital Project Reserve Fund, which can support this staff recommendation and maintain a balance to address other unforeseen capital needs in Fiscal Year 2025-2026.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council authorizes the appropriation of $1,900,000 from the Capital Project Reserve Fund to the Righetti Community Park project account 2000054.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 202X. ___________________________
Resolution No. _____ (202X Series) Page 2
R ______
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
Charles K. Stec
Attorney at Law
[email protected]
{3078 33498}
1851 East First Street, Suite 700, Santa Ana, CA 92705 P 714-620-2350 F 714-703-1610 November 6, 2025
VIA E-MAIL AND OVERNIGHT MAIL
City of San Luis Obispo
Attn: Project Manager
919 Palm Street
San Luis Obispo, CA 93401
c/o [email protected]; [email protected]; [email protected]; [email protected] RE: URBAN HABITAT’S BID PROTEST OF BROUGH CONSTRUCTION, INC.’S BID Project: Righetti Ranch Parks – Community Park, Specification No. 2000054 Dear City of San Luis Obispo Project Manager
We represent Urban Habitat (“Urban”) with regards to its bid on the City of San Luis Obispo (the “City”) Righetti Ranch Parks – Community Park, Specification No. 2000054 (“Project”). This letter serves as Urban’s formal protest against the bid of Brough Construction, Inc. (“Brough”). The bid results were published on October 31, 2025. This bid protest follows the City’s protest instructions.
Brough’s bid is non-responsive because it failed to list the percentage of the total base bid for work of certain subcontractors performing more than ½ percent of the total base bid; and thus, Brough’s bid must be rejected. Urban requests City reject Brough’s bid and award the Project to Urban as the lowest responsive and responsible bidder.
I. BROUGH’S BID IS NON-RESPONSIVE
In accordance with the September 24, 2025 Addendum No. 2 for Specification No. 2000054, the Standard Specifications Section 2-133A of the bid package, was revised and therein specifically requires that the bidder state on the subcontractor list the percentage of its subcontractor’s work of the total base bid. As it relates to the subcontractor list, revised Specification Section 2-1.33A requires:
On the Subcontractor List, you must submit:
1. Name under which subcontractor is licensed
2. License number
3. DIR Public Works Registration Number
4. Address
5. Phone number
6. Specific description of subcontracted work
7. Percentage of total base bid amount with your bid.
Failure to do so results in a nonresponsive bid.
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder. Subcontractor List and percentage of each item subcontracted must be provided with the bid, on the List of Subcontractors form provided herein. (Id.; [Highlights added].)
File No. 33498
As excerpted below, Brough’s bid does not list the “percentage of total base bid amount with your bid” for multiple subcontractors performing base bid line-item scopes of work including: (i) restroom, base bid line item 53; (ii) shade structures, base bid line item 30; and (iii) playground equipment, base bid line item 57.
Thus, Brough’s bid is nonresponsive because it failed to submit multiple subcontractors’ “percentage of the total based bid amount” as required by Specification Section 2-1.33A. Moreover, Specification Section 2-1.33A expressly provides that the “Failure to do so results in a nonresponsive bid.” A basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not so conform, it may not be accepted. A nonresponsive bid may be summarily denied by a public entity even if the bid is otherwise monetarily the best for the entity. Great West Contractors, Inc. v.
Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1428. A bid is responsive if it promises to do what the bidding instructions demand. Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341. Usually, whether a bid is responsive can be determined from the face of the bid without outside investigation or information. Id. at 1342. The test for responsiveness focuses on the four corners of the bid documents and does not consider information or details outside of the bid and bid documents. Great West Contractors, Inc., supra, 187 Cal.App.4th 1425, 1428.
When evaluating a bid, a public entity must follow the requirements of the Public Contract Code and any additional requirements it mandates in the bid documents. Poza v. Department of Transp. (1983) 145 Cal.App.3d 269 (emphasis added).
{3078 33498}
{3078 33498}
Moreover, Brough’s failure to follow the bid requirements cannot be waived as an irregularity. A bid fails to comply materially with the bid package if it gives the bidder an unfair competitive advantage over other bidders. Ghilotti Construction Co., supra, 45 Cal. App. 4th. at 904. Unfair advantages include those errors and omissions which would allow a contractor to withdraw its bid. Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1442. Specifically, Public Contract Code § 5103 allows a bidder to withdraw its bid when “a mistake was made in filling out a bid”. (Id.) The Valley Crest Court reasoned “As such, under Public Contract Code section 5103, North Bay could have sought relief by giving the City notice of the mistake within five days of the opening of the bid. The fact that North Bay did not seek such relief is of no moment. The key point is that such relief was available. Thus, North Bay had a benefit not available to the other bidders; it could have backed out. Its mistake, therefore, could not be corrected by waiving an ‘irregularity’.” Valley Crest, supra, 41 Cal.App.4th at p. 1442.
To be clear, the express requirements of Specification Section 2-1.33A cannot be waived as a misunderstanding of the specifications by Brough or a clerical error, since it gives Brough an unfair advantage as it could withdraw its bid withdraw its bid without consequence to its bid bond, thereby gaining a competitive advantage.
II. CONCLUSION
Brough’s bid must be rejected by City because Brough failed to list the percentage of the total base bid for work of certain subcontractors performing more than ½ percent of the total base bid as expressly required by Specification Section 2-1.33A. Additionally, this failure provides Brough with an unfair competitive advantage. As a result of Brough’s failure to meet the bid requirements, Urban requests City reject Brough’s bid and award the Project to Urban as the lowest responsive and responsible bidder.
Sincerely,
Charles K. Stec
Attorney at Law of the Firm
cc: Via email only
Jeffrey L. Brough
Brough Construction, Inc.
530 E. Paulding Cir. Suite B
Arroyo Grande, CA 93420
[email protected]
FELDMAN & ASSOCIATES, INC.
ATTORNEYS AT LAW
11030 SANTA MONICA BOULEVARD
SUITE 109
LOS ANGELES, CALIFORNIA 90025
(310) 312-5401
FACSIMILE (310) 312-5409
November 12, 2025
Via US Mail and Email
City of San Luis Obispo
Attn: Project Manager
919 Palm Street
San Luis Obispo, CA 93401
[email protected]
[email protected]
[email protected]
[email protected]
Subject: Brough Construction, Inc. / City of San Luis Obispo Righetti Ranch Parks – Community Park, Specification No. 200054 To the Project Manager,
This law firm represents Brough Construction, Inc. (“Brough”) the lowest responsive and responsible bidder for the Righetti Ranch Parks – Community Park, Specification No. 200054 (the “Project”) for the City of San Luis Obispo (the “City”). Brough is in receipt of the untimely bid protest made by Urban Habitat (“Urban”) expressing concerns about Brough’s bid on the Project.
Urban’s bid protest is without merit and should be rejected for the following reasons:
1. Brough is the lowest responsive and responsible bidder and should be awarded the contract.
2. Urban failed to timely issue its bid protest.
3. The bids were not required to list out a percentage of the total base bid amount with respect to specialty items. Therefore, Brough’s bid did not deviate nor did Brough gain an advantage either materially or immaterially.
I. THE LAW ON BID PROTEST
Before addressing the three issues you raised in your email, an understanding of the law on bid protests is important.
California law mandates that a public entity must competitively bid public works contracts and award the contract to the lowest responsible bidder that submits a responsive bid.
MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 368.
These requirements are strictly enforced to protect taxpayers by inviting competition, which
2 helps “guard against favoritism, improvidence, extravagance, fraud and corruption,” Domar Electric, Inc. v. City of Los Angeles (1994) 9 Cal. 4th 161, 173. These public interests are what is important. Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 908-909.
Allowing the disappointed bidder to invalidate the lowest bid on technical violations in hopes of securing the contract at a higher price frustrates these public interests rather than upholding them. Id.
So, first we need to remember that when looking at bid protests, if the bid is responsive, and promises to do what the City requested, that is the end of the inquiry.
When there is a Bid Protest, a public entity such as the City is limited in what it can look at. The test for responsiveness focuses on the four corners of the bid documents and does not consider information or details outside of the bid and the bid documents. Great West Contractors 187 Cal.App.4th at 1453-54.
It is established under California law that bids which substantially conform to a public agency’s request but contain some error or irregularity may be accepted if the error does not affect the amount of the bid or give the applicant an advantage that other bidders did not have.
Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1198- 1199. Therefore, bids must be evaluated from a practical, rather than hypothetical, standpoint, giving due consideration to the public interest being served. Ghilotti at 908-909; MCM at 370.
These public interests are getting the best price and avoiding favoritism and corruption. Domar at 173.
Urban asks the City to ignore the public interest of contracting with the lowest bidder and instead wants the City to waste public funds. Even if there was a minor error, which there is not, the City must award to the lowest bidder.
In evaluating the responsiveness of a bid, it is “well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential.” Emphasis added, Valley Crest Landscape, Inc., v. City Council (1996) 41 Cal.App.4th 1432, 14401-41 citing Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal.App.3d 449, 454 quoting 47 Ops.Cal.Atty.Gen. (1966) 129, 130-31. A variance in a bid, therefore, will only be considered material if it (1) could have affected the total sum of the bid or (2) provided a bidder with a competitive advantage. Otherwise, the variance is inconsequential and waivable.
II. URBAN’S BID PROTEST IS UNTIMELY.
The bid document entitled “Notice of Bidders” specifies the bid protest timeline as follows:
Protests must be filed no later than five working days after either:
1. Bid opening date,
2. Notification of rejected bid.
3 The City opened the Project bids on Thursday, October 23, 2025. A working day excludes weekends and holidays. Therefore, five working days after October 23, 2025 is not October 28 but rather Thursday, October 30, 2025.
Urban’s bid protest letter is dated November 6, 2025. This is a full week past the deadline listed in the Notice of Bidders. Therefore Urban’s bid protest letter is untimely and must be rejected by the City. If the City fails to reject the untimely bid protest letter, then the City will not be abiding by the bid requirements and procedures. See MCM; Domar; Ghilloti.
In sum, the City should reject Urban’s untimely bid protest letter and proceed to award the Project to Brough.
III. SPECIALTY ITEMS DID NOT NEED THE PERCENTAGE OF TOTAL BASE BID AMOUNTS.
Urban accuses Brough of failing to follow the bid instructions in Addendum No. 2 for Specification No. 2000054, Section 2-1.33A. One of the items that must be included is “7.
Percentage of total base bid amount with your bid… percentage of each item subcontracted must be provided with the bid.”
However, this same Addendum No. 2 specifies that the fifth paragraph of Section 5-
1.13A must be replaced, with part of the replacement language reading:
Excluding items designated with an “S” on the Bid Item List. “S” indicates specialty items of work. The value of specialty items of work is not included in the calculation.
This revision clarifies that specialty items listed in the bid do not need the additional information specifying the line item’s percentage of the total base bid amount. Brough’s base bid contains 118 bid items: 113 non-specialty items that did contain the percentage of the total base bid amount and only 5 specialty items that did not include the percentage of the total base bid amount. Thus, Brough followed the bid specification instructions including the revised specifications in Addendum No. 2.
Even if Brough was supposed to include the percentage of the total base bid amount for the 5 specialty items, this is a minor clerical error that does not materially affect Brough’s bid because Brough complied with the requirements for the 113 non-specialty items.
The pricing of Brough’s base bid was clear and allowed the City to correctly compare Brough’s bid with other bids. Brough’s base bid clearly listed the cost of each of the 118 bid items, plus the total amount of all 118 bid items in Bough’s base bid. Thus, Brough did not gain either a material or immaterial advantage over another contractor by not including this information for the 5 specialty items.
No specialty subcontractor is harmed by Brough’s alleged clerical error because Brough listed the cost of each of the 5 specialty line items. Brough will of course pay the specialty subcontractors in full even though Brough followed the revision to the fifth paragraph of Section 5-1.13A and did not include the percentage of the total base bid amount for each of the 5
4 specialty line items.
Furthermore, Brough did not gain an advantage (materially or immaterially) over other bidders by not including the percentage of the total base bid amount for the 5 specialty items.
The factual consideration of whether a bidder receives an advantage from a waiver of strict compliance is evaluated in light of the public interest, not from the perspective of disappointed bidder. Judson Pacific–Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377, 383, “It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal… of the low bidder after the fact [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.” In sum, the City should reject Urban’s untimely bid protest letter and proceed to award the Project to Brough because Brough followed the requirements listed in the Addendum No. 2 for Specification No. 2000054, Section 2-1.33A. The issues aired by Urban are not true and are therefore not a sufficient reason for the City to reject Brough’s bid.
IV. CONCLUSION
Thus, for the above reasons, the City should award the contract to Brough as the lowest responsive and responsible bidder.
In addition, Brough requests the following:
1. That this letter serves as a protest against the award of the above contract to anyone other than Brough.
2. Mailed notice of all meetings of the awarding authority at which any issues pertaining to the award to the contract are on the agenda for meeting pursuant to Gov. Code § 54954.1
3. That Brough be informed by telephone or fax or email as soon as any staff reports or recommendations concerning any issues pertaining to the award of the contract are available to the public, so that we can immediately inspect those reports or recommendations.
4. The ability to address the awarding authority before or during consideration of any issues pertaining to the award of the contract pursuant to Gov. Code § 54954.3(a).
Thank you for your prompt attention to this matter. If you have any questions, please direct them, as well as any communication with this office, to the undersigned.
5 Sincerely,
Sumner W. Schwartz, Esq.
for Feldman & Associates, Inc.
cc: Mark Feldman, Esq.
Brough Construction, Inc.
Lanak & Hanna, P.C. Charles K. Stec, Esq. [email protected] Enclosed: A Notice to Bidders; and,
B Addendum #2.
Item 5g
Department: Utilities
Cost Center: 6104
For Agenda of: 12/2/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Public Works & Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZE ADVERTISEMENT OF WATER RESOURCE RECOVERY
FACILITY BIOSOLIDS HAULING REQUEST FOR PROPOSALS
RECOMMENDATION
1. Authorize the advertisement of a Request for Proposals for Biosolids Hauling Services, Specification WRRF1225; and
2. Authorize the City Manager to award an agreement if the selected proposal is within the Water Resource Recovery Facility’s approved operating budget line item for biosolids hauling and management of $500,000 for fiscal year 2025-26 and $525,000 for fiscal year 2026-27; and
3. Find the action exempt from the California Environmental Quality Act (CEQA).
POLICY CONTEXT
General Plan Water and Wastewater Element Policy B.3.2.3 states that the City will pursue treatment and disposal methods that provide for further beneficial use of wastewater and biosolids. The proposed scope of work identified in the draft Request for Proposals (RFP) is consistent with this policy, as the service consists of the hauling and beneficial reuse of biosolids generated through the wastewater treatment process at the Water Resource Recovery Facility (WRRF).
DISCUSSION
Background
On average, the City’s WRRF treats approximately 3.5 million gallons of wastewater per day (mgd) and has the capacity to treat up to 5.4 mgd. The treatment of wastewater utilizes microorganisms to remove pollutants from sewage. A proper proportioned quantity of these microorganisms are maintained for adequate treatment to occur. During treatment, excess of these microbial “solids” are removed from the wastewater treatment stream and are transferred to large and heated tanks called digesters that stabilize organic matter and destroy pathogens. The treated solids are called “biosolids.” The City generates approximately 2,000 to 4,000 tons of biosolids annually.
Item 5g
The City has contracted with Engel and Gray, Inc. to haul, compost, and distribute the WRRF’s biosolids for the past 24 years. Currently, Engel and Gray, Inc. hauls the City’s biosolids from the WRRF to its facility in Santa Maria, where they are composted. Engel and Gray’ s present contract expires on February 6, 2026, warranting release of a new RFP.
Request for Proposals
Staff is seeking approval to advertise an RFP for the hauling, management, and beneficial reuse of the City’s biosolids. Evaluation and selection of the proposals will include preference to contractors proposing operational flexibility and alignment with the WRRF’s regulatory requirements. Proposers may also submit alternative proposals that will meet the City’s scope of work in a different manner. The duration of the contract is proposed for five years, with an option for an up to five-year extension as approved by the City Manager. Section B of the attached RFP describes the full scope of work requested by the City. Staff will evaluate proposals in accordance with the selection process described in the RFP. Staff anticipates executing a contract with the selected contractor by February 2026.
Previous Council or Advisory Body Action
In November 2015, the City Council authorized issuance of a RFP for the Management and Beneficial Reuse of Biosolids. The contract was awarded to Engel and Grey, Inc. in February 2016. The contract identified a five-year agreement, with an option for a fiveyear extension, which was granted.
Public Engagement
This item is agendized on the City Council Consent Agenda, which provides the opportunity for public review and comment prior to and during the City Council meeting.
If authorized, the RFP will be posted on the City’s website, advertised in the local newspaper, and posted on BidNet.
CONCURRENCE
The RFP has been prepared in collaboration with the City’s WRRF Supervisor.
ENVIRONMENTAL REVIEW
Issuance of the proposed RFP and execution of an associated agreement and identified scope of services are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15301 (Existing Facilities). Current WRRF operations require biosolids to be hauled offsite and managed by the current contractor, and the proposed RFP and associated scope of services consist of continued operation of the WRRF and biosolids management and would not result in an expansion of use.
Item 5g
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other: Sewer
Fund
(602.6104.61013)
$458,414 $0 $458,414 $525,000
Total $458,414 $0 $458,414 $525,000
In FY 2025-26, Council approved a budget of $972,150 under Account 61013 – Other Contract Services for the Water Resource Recovery Facility (WRRF). As of November 5, 2025, the remaining balance is $458,414. In addition to funding biosolids hauling, this account funds maintenance and repairs, equipment rebuilds, inspections, and other contracted services necessary for the successful operation of the WRRF.
The City is currently contracted with Engel & Gray, Inc. for biosolids hauling and management in the amount of $300,000 for the period July 1, 2025, through February 6, 2026. As of September 30, 2025, $108,948 has been expended, representing approximately 36 percent of the contract total through 41 percent of the contract term.
The modest variance is consistent with prior seasonal trends tied to Cal Poly’s academic calendar and fuel price fluctuations.
To ensure continuity of operations and accommodate cost variability, staff budgeted $500,000 in FY 2025-26 and $525,000 in FY 2026-27 within the 61013 account for biosolids hauling and management. Staff recommend authorizing the City Manager to execute agreements for these services up to $525,000 per fiscal year, with proportionate annual adjustments based on inflationary or market factors, subject to budget availability.
For FY 2025-26, approximately $200,000 of this authorization would be funded from the approved operating budget. Going forward, there will be a $525,000 annual ongoing cost, which Council had previously authorized in the 2025-27 Financial Plan. Authorizing this amount provides the necessary operational flexibility to maintain regulatory compliance and continuity of service under changing hauling and disposal market conditions.
Item 5g
ALTERNATIVES
1. Do not authorize advertisement of RFP. Council could decide not to authorize the advertisement of the RFP. If the advertisement is not authorized, the existing contract would expire, and the City would utilize the existing vendor on a monthto-month basis, which could result in cost escalations and deprioritized service. If the contractor is unwilling to remove biosolids from the WRRF facility, this would result in regulatory compliance violations, increased odors, and increased vector attraction.
2. Do not authorize the City Manager to extend the duration of the RFP. Council could decide to amend the terms of the RFP by limiting the duration to five years with no option to extend an additional five years. If this alternative is approved, staff would return to Council with a request to authorize an RFP for these similar services in 2030, requiring staff time to prepare the RFP and Council Agenda Report, and issue the RFP, if authorized.
ATTACHMENT
A - Draft Request for Proposals for Biosolids Hauling Services
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals for Management and Beneficial Reuse of Biosolids Specification No. WRRF1225
The City of San Luis Obispo is requesting sealed proposals for management and beneficial reuse of biosolids pursuant to Specification No. WRRF1225.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidNet Direct (www.bidnetdirect.com/).
All proposals must be received via BidNet Direct by January 20, 2026 at 3 p.m., when they will then be opened electronically via BidNet Direct on the proposal end date and time.
The preferred method for bid submission is electronic via BidNet Direct. However, if you wish to submit a paper copy, please submit it in a sealed envelope plainly marked “Proposal for Management and Beneficial Reuse of Biosolids,” to the Department of Finance, at 990 Palm Street, San Luis Obispo, CA, 93401, at or before 3pm on January 20, 2026.
Project packages and additional information may be obtained at the City’s BidNet Direct website at www.BidNetDirect.com.
For technical help with BidNet Direct please contact BidNet Direct tech support at 800-835-4603.
TABLE OF CONTENTS
A. INTRODUCTION......................................................................................................................................... 1 B. SCOPE OF WORK ....................................................................................................................................... 1 C. GENERAL TERMS AND CONDITIONS ........................................................................................................ 4 D. SPECIAL TERMS AND CONDITIONS .......................................................................................................... 6 E. PROPOSAL SUBMITTAL FORM................................................................... Error! Bookmark not defined.
EXHIBIT A: FORM OF AGREEMENT.............................................................................................................. 15 EXHIBIT B: GENERAL TERMS AND CONDITIONS………………………………………………………………………………………24 EXHIBIT C: INSURANCE…………………………………………………………………………………………………………………………..30
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A. INTRODUCTION
The City of San Luis Obispo is located on the Central Coast, approximately halfway between San Francisco and Los Angeles. The City's Water Resource Recovery Facility (WRRF) provides tertiary treatment to approximately 3.5 million gallons per day. All biosolids removed in the treatment process are anaerobically digested by two digesters operated in a parallel configuration. The digesters provide around 40 days of total detention time at 35 degrees C. Volatile solids reduction averages 65%. After digestion, the biosolids are dewatered using a screw press, while alternatively, some may be dried in drying beds or via a belt filter press. Moisture content ranges from 75-85%. The City's biosolids meet the Exceptional Quality (EQ) requirements for pollutants, 40 CFR 503.13, and vector attraction, 40 CFR 503.33(b), and meet alternative 2 for Processes to Significantly Reduce Pathogens (PSRP) [40 CFR 503.32(b)(3)] using anaerobic digestion. Overall, the City produces 2,000 to 4,000 tons of Class B Pollutant Concentration (PC) quality biosolids.
B. SCOPE OF WORK
The contractor shall provide all services related to transportation, beneficial reuse, permitting, and monitoring of the City's biosolids in accordance with all applicable federal, state, and local requirements.
The contractor’s proposal shall include a detailed description of the proposed method of biosolids reuse and shall include, but not be limited to, the following:
1. The contractor shall provide, with its proposal, all required regulatory permits for hauling and beneficial reuse of the entire quantity of biosolids as specified herein. The contractor shall provide a detailed description of the beneficial use process being proposed for the City's biosolids.
Submittals proposing mono-filling, landfilling, alternative daily cover, and/or incineration will not be considered. The contractor shall be responsible for all fees associated with permitting. The contractor shall also be responsible at its expense for meeting all monitoring and reporting requirements imposed by all regulatory agencies having jurisdiction over the contractor's beneficial reuse operations; and shall provide at its expense all capital improvements, and shall pay all operating expenses, needed at the beneficial reuse site to protect surface and groundwater and the site resources per the requirements of the responsible regulatory agencies. Copies of all the regulatory monitoring, permits, and background data shall be provided to the City. Representatives of the City shall be permitted on the beneficial reuse site at all times.
2. The contractor shall be responsible for hauling 100 percent of the biosolids being generated from the City’s WRRF, approximately 2,000 to 4,000 tons/year, for a period of five years.
The contractor's responsibilities shall include furnishing and maintaining all biosolids trailers and bins, including water tight and covered trailers as required; furnishing and maintaining all truck tractors required to transport the trailers; furnishing all drivers and operators; furnishing all vehicle fuel required to transport the biosolids from the City to the beneficial reuse site and return trip; provide and maintain full vehicle insurance, general liability insurance and workers’ compensation insurance as required by law and identified in section C The contractor shall also be responsible for and pay all traffic violations incurred as a result of hauling operations.
The contractor shall furnish two bins for in-service operation and two bins for standby on-site at all times. A site map and photos are presented below in Figure 1. Additional information about loading operations is available upon request.
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Figure 1: Biosolids loading bins and site
4. The contractor shall provide sufficient facilities and/or land to accommodate 150 percent of the total anticipated amount of biosolids to beneficial reuse during the contract period. Approved regulatory permits for the facilities and/or land to be utilized as the contractor's application area shall be provided with the contractor’s proposal.
5. The contractor shall be responsible for furnishing all equipment, labor, and materials for the beneficial reuse operations.
The contractor's responsibilities shall include furnishing and maintaining all equipment required to support its operations; furnishing all vehicle operators and support personnel needed to support its operations; furnishing all vehicle and support equipment fuel; and providing and maintaining full vehicle and equipment insurance, general liability insurance, and workers’ compensation insurance as required by law.
SPECIAL REQUIREMENTS
1. The contractor selected will be required to enter into a contract with the City. In addition, the contractor will be required to secure and maintain in force throughout the duration of the contract insurance as described in Section C.
2. Firms or individuals submitting a proposal and any associate Contractor or subcontractor must be legally qualified in the State of California to practice the work required in this RFP and must hold all licenses and/or registrations required by law.
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MINIMUM QUALIFICATIONS
The contractor shall have previous operating experience with similar projects. The contractor shall currently be providing similar services for at least three public agencies and have been in business for a minimum of five years, performing professional biosolids hauling and composting services in the wastewater field in the state of California. The contractor shall be knowledgeable of all applicable regulatory requirements and shall provide with the proposal all permits required for the proposed project. Proposals submitted with permits pending approval by the appropriate regulatory agencies may be considered, provided the proposer can demonstrate to the City's satisfaction that the permits will be obtained in a manner that does not impact the project's time constraints. All required permits will be needed before contract approval. The contractor shall be capable of hauling to the proposed discharge area within thirty days following notice to proceed.
ESTIMATED QUANTITIES
The estimated annual biosolids production is 2,000 to 4,000 tons per year.* *This value is an approximation only, based on past hauling records and current operation of the WRRF.
The proposer shall base its cost proposal on the following constraints: the proposer shall be required to haul 100 percent of the biosolids being produced at the City's WRRF to the proposer's beneficial reuse site. The proposer shall provide facilities (land) of sufficient area to accommodate 150 percent of the total estimated biosolids to be hauled.
OPERATIONAL PROCEDURES AND HAULING SCHEDULES
Operational procedures shall be mutually arranged between the City and the successful proposer. The proposer shall provide sufficient equipment to continuously remove biosolids generated from the WRRF site. Actual details of scheduling shall be refined with experience. The actual haul schedule shall be arranged between the City and the successful proposer. The City reserves the right to solely determine the schedule in the case of conflict. The successful proposer will remove biosolids and deliver replacement bins at a rate consistent with the operational needs of the WRRF. The proposer shall prioritize full bins in the process lineup -- specifically, full bins beneath the Level-Lodor units shall be removed and replaced with empty bins before full bins staged elsewhere on site are taken (See Figure 1 on the preceding page).
Costs shall be based on a unit cost per ton (2000 pounds). All load weights shall be provided by certified scales and provided to the City with contract invoicing.
LOAD WEIGHT
It shall be the responsibility of the proposer to ensure that each trailer is loaded to the proper weight. The City shall require the proposer to provide the certified load weight of each vehicle at no additional cost to the City.
It shall be the responsibility of the City to ensure that each bin is loaded to the proper weight.
LICENSING
All equipment utilized in connection with this contract shall be fully licensed to operate on the highways of the State of California. All public highway drivers and operators of such equipment shall be fully licensed by
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the State of California Department of Motor Vehicles.
EQUIPMENT CLEANING
The proposer shall be responsible for keeping its equipment in a neat and clean manner. Major cleaning and servicing of equipment shall not take place at the City's Water Resource Recovery Facility. Damaged or excessively worn equipment shall be promptly replaced.
RULES AND REGULATIONS
The proposer shall be aware of existing, revised, proposed, and new Federal, State, and Local and other rules and regulations covering its activities in connection with this work.
Changes in regulations or practices necessitated by any revision in rules and regulations shall be brought to the attention of the City sufficiently in advance of implementation to permit adjustment of the schedule or method of operation of the proposer.
The City shall not be responsible for notifying the proposer of any changes in rules and regulations regarding the handling and delivery of biosolids that affect its operations.
C. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronically in BidSync, please email a copy to the contacts listed in the RFP package, if you can’t email it, please send a copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; endorsements are not required until contract award. The City’s insurance requirements are detailed in Exhibit C to the Agreement (Exhibit A to the RFP).
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4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated, and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City.
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section D of these specifications for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in a form substantially similar to that set forth in Exhibit A and incorporated in these specifications.
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D. SPECIAL TERMS AND CONDITIONS
1. Contract Award. The contract will be awarded to the most qualified bidder that, in the City’s sole discretion in accordance with the Proposal Evaluation and Selection criteria set forth herein (if applicable), provides the best proposal.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the most qualified, lowest cost bidder.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the most qualified, responsive proposer and to accept the next acceptable proposal from a proposer that is not experiencing a labor action, and to declare it to be the most qualified, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for five years. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by written mutual consent for an additional five years.
7. Supplemental Purchases.
Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detailed invoices as supporting detail. Final June invoices shall be received no later than the 5th business
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day of July to meet City fiscal year-end deadlines.
9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package.
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Proposal Content
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm in performing similar services. e. Standard billing rates for the identified scope, including any sub-consultants.
Proposed compensation shall include and clearly identify any City-specific discounts or preferred rates related to performance discounts.
f. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project.
Work Program
g. Description of your approach to completing the work. h. Services or data to be provided by the City.
i. Any other information that would assist us in making this contract award decision.
Proposal Length and Copies
j. Proposals should not exceed 30 pages, including attachments and supplemental materials.
k. Two copies of the proposal must be submitted.
2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows:
Phase 1 – Written Proposal Review/Finalist Candidate Selection A group of finalist candidates (generally the top 3 to 5 five proposers) will be selected for followup interviews and presentations based on the following criteria as evidenced in their written proposals:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City.
d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work.
f. References.
g. Background and experience of the specific individuals to be assigned to this project.
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3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
a. Issue RFP 12/10/2025
b. Receive proposals 1/20/2026
c. Complete proposal evaluations 1/22/2026
d. Execute contract 2/1/2026
e. Start work 2/2/2026
4. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.
5. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.
6. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense.
7. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If Contractor wishes to file a paper copy, it must be submitted in a sealed envelope to the address provided in the RFP.
b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate.
ALTERNATIVE PROPOSALS
8. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
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proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s).
9. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.
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E: PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM:
Total Base Price
Sales tax []
Other
TOTAL $
Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed.
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________
Signature of Authorized Proposer Representative
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EXHIBIT A : FORM OF AGREEMENT
CITY OF SAN LUIS OBISPO
PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on [DATE], by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and [FILL] hereinafter referred to as Contractor (collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, on December 10, City requested proposals for Management and Beneficial Reuse of Biosolids, per Project No. WRRF1225 (the “Project”); and WHEREAS, the City wants to obtain hauling and disposal services for biosolids generated by the Water Resource Recovery Facility (the “Services”); and WHEREAS, Contractor is qualified to perform these types of Services and has submitted a written proposal to do so, which has been accepted by City.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until February 1, 2031, or upon acceptance and completion of said Services, whichever occurs sooner. The term of the contract may be extended by written mutual consent for an additional five years.
2. INCORPORATION BY REFERENCE. The Notice Requesting Proposals for Management and Beneficial Reuse of Biosolids Specification No. WRRF1225 and Contractor's proposal dated [date] are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties.
3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, and upon receipt of an invoice, City will pay and Contractor shall receive compensation as set forth in Contractor’s proposal and pursuant to the Payment Terms set forth in Exhibit B.
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4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A.
5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement.
7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in strict conformance with the Agreement. Contractor shall also provide in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices.
9. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for
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compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
c. Contractor/Contractor’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor/Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.”
10. PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced or restored at Contractor’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work.
11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the Services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the Services hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, the Contractor agrees that it will not engage in, nor permit such subContractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
13. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within fortyfive (45) days of receipt of an invoice, therefore.
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14. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Contractor shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations under the Agreement.
15. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, 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 (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery.
City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is averse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
16. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of the Services under this Agreement. 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.
Contractor shall provide free access to the representatives of City or its designees
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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 or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the Services under this Agreement.
17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees the ir costs of defense, including reasonable legal fees, incurred in defense of such claims. The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives the completion of the services or the termination of this contract. The provisions of this section are not limited by and do not affect the provisions of this contract relating to insurance. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub-Contractors/ subcontractors.
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18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least thirty (30) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 14.
19. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency.
a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to the Contractor to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination. b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope. c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the not to exceed amount shown in this Agreement.
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20. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement.
21. BUSINESS LICENSE & TAX. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134.
22. SAFETY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
23. PUBLIC AND EMPLOYEE SAFETY. Whenever the Contractor operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.
24. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
25. ASSIGNMENT. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.
26. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing.
27. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the Parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the Parties hereto. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
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28. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to the addressee or addressed as set forth below:
To City: Utilities Department
City of San Luis Obispo
879 Morro St
San Luis Obispo, CA 93401
To Contractor: Name
Mailing Address
29. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.
30. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written.
CITY CONTRACTOR
_______________________________
By: [Name]
Its: [Title of City Manager or Department
Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
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_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134.
2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations.
3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
6. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.
8. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work.
9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
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10. Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
11. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasonsfor such delay, and making a finding as to the causes of same.
12. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore.
13. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
15. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
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the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City.
16. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Contractor is a “design professional”, and the Scope of Services require Contractor to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B.
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Contractor shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Contractor and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Contractor, except to the extent caused by the sole
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negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Contractor shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Contractor unless adequately corrected by Contractor. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Contractor
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under this paragraph exceed Contractor’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any subContractors/ subcontractors.
17. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.
18. Safe Harbor. Contractor/Contractor’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.”
19. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’sliability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods.
20. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may
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notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-inprogress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal.
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The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by theContractor.
Minimum Scope of Insurance. Coverage shall be at least as broadas:
1. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001);
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). The Contractor's commercial automobile policy shall be specifically endorsed to include coverage for the transportation of pollutants and/ or hazardousmaterials.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Contractor's Pollution Liability Insurance coverage covering the handling, remediation, cleanupor transport of hazardous materials or hazardous wastes.
Minimum Limits of Insurance. Contractor shall maintain limits no lessthan:
1. General Liability: Contractor shall maintain commercial general liability insurance with coverage at least as broad asInsurance ServicesOffice form CG00 01, in an amount not lessthan $3,000,000 per occurrence, $6,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policymustinclude contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
2. Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not lessthan $5,000,000 combined single limit for eachaccident.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Umbrella or excess liability insurance (if applicable): Contractor shall obtain and maintainan umbrella or excess liability insurance policy with limits that will provide bodily injury,personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability,
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automobile liability, and employer's liability.Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance thatwould otherwise have applied proves to be uncollectible in whole or in part for anyreason;
b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; and d. Policies shall "follow form" to the underlying primary policies. e. Insureds under primary policiesshall also be insureds underthe umbrella or excess policies.
5. Contractor's Pollution Liability: Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. Thepolicy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposalsites.
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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from
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each of itssubconsultants.
4. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of itssubconsultants.
5. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer'sliability.
6. Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to Agency at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII.
Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
Item 5h
Department: Public Works
Cost Center: 9501
For Agenda of: 12/2/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Public Works & Utilities Director
Prepared By: Emma Laplante, Engineer II
SUBJECT: AUTHORIZATION TO AWARD BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE, SPECIFICATION NO. 2000403
RECOMMENDATION
1. Approve the project plans and specifications for the Battery Electric Bus Charging Infrastructure, Specification No. 2000403; and,
2. Award a construction contract to Newton Construction and Management in the amount of $290,135 for the Battery Electric Bus Charging Infrastructure, Specification No. 2000403; and,
3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget (Account 2000403), including any amendments authorized by the City Manager; and,
4. Authorize the City Engineer to execute a contract with PG&E for replacement and upgrading of the existing transformer servicing the bus chargers; and,
5. Authorize staff to purchase ChargePoint chargers and power blocks from a SourceWell agreement #042221-CPI at the final price within the available project budget; and,
6. Authorize the Finance Director to transfer $370,800 from the Fleet Replacement – Bus Replacement (Account No. 2000614), to the Battery Electric Bus Charging Infrastructure (Account No. 2000403).
POLICY CONTEXT
This project supports Major City Goals of Climate Action, Open space, and Sustainable Transportation by implementing a shift from fossil fuel-powered buses to an all-electric fleet. The project progresses the city towards the goal of being carbon neutral by 2035 as identified in the City of San Luis Obispo’s Climate Action Plan (CAP).
On May 17, 2022, Council approved a Purchasing Policy Update to the Financial Management Manual, requiring Council authorization for Public Works contracts exceeding $200,000.
Item 5h
To ensure consistency across departments and simplify operations and maintenance, ChargePoint chargers will be installed for this project. ChargePoint is currently being used successfully at other city facilities. The City of San Luis Obispo Municipal Code Section
3.24.060(D) Bidding Procedures allows for direct purchasing “when supplies or equipment have been uniformly adopted in the city or otherwise standardized”.
Additionally, Section 3.24.060 (E) permits direct purchasing “when the purchase will be made cooperatively with one, or more, other units of government, or from a local dealer within the city limits that can provide the same brand, model and configuration of item(s) identified in cooperative purchase agreement(s) at or below the cooperative purchasing net cost within the same terms and conditions”.
The City will use a Sourcewell1 cooperative purchasing agreement to procure the ChargePoint EV chargers. This agreement leverages a competitively solicited contract that meets public procurement requirements, providing pre-negotiated pricing and terms.
Using Sourcewell ensures cost-effectiveness, compliance, and efficiency in acquiring standardized charging infrastructure. Sourcewell has also been used for previous bus and other City purchases, and its cooperative pricing is lower than quotes received directly from ChargePoint, making it the preferred method for procuring the chargers.
DISCUSSION
Background
On November 15, 2022, Council approved the first phase of charging infrastructure at the Transit Yard. That project installed two (2) ChargePoint Express 250 bus chargers, along with the electrical and site improvements necessary to support expansion of the electric bus fleet. On July 11, 2023, Council approved the purchase of six (6) Gillig Electric Buses, which have arrived and are currently being retrofitted with the City-required technology and branding. The buses will be ready for service in early 2026, but will not begin service until the additional charging infrastructure is installed. There are currently two (2) electric buses in service that were purchased in 2022, making a total of eight (8) zero-emission buses. The purchase of these buses aligns with the State of California’s Air Resources Board requirement to have 100% zero-emission transit vehicles by 2040 and supports the City’s goal of achieving carbon neutrality by 2035. However, the two existing chargers on site are insufficient to simultaneously charge all eight (8) buses and maintain full-time service. Therefore, installation of additional chargers and supporting infrastructure is needed to accommodate the expanded electric bus fleet.
1 Sourcewell is a Government agency created by the Minnesota legislature to procure cooperative agreements.
Item 5h
Project Scope
The final build-out to support electric buses at the Transit Yard will include six (6) Power Blocks and twelve (12) ChargePoint Express Plus Chargers. The scope of this specific project includes the installation of four (4) ChargePoint Express Plus chargers and two (2) ChargePoint Power Blocks. The purpose of the power blocks is to convert AC power to DC power, with each Power Block servicing two (2) Express Plus Chargers. To ease future installation of the power blocks, the scope also includes construction of the concrete foundations and conduit stub-ups for the four (4) future power blocks.
Furthermore, due to the increased electrical demand required to charge eight buses, the existing 400-kilovolt-amperes (kVA) PG&E transformer will be upgraded to a 750-kVA transformer.
The project will be completed under three different contracts to complete the scope outlined above. The construction contract for the installation of the chargers is recommended to be awarded to Newton Construction. The chargers will be purchased with a Sourcewell Cooperative agreement, which has been utilized for other projects by the city. Lastly, there will be a contract with PG&E for the installation of the transformer.
This phase of installation utilizes a different model of charger than those installed during the first phase. The new ChargePoint Express Plus units can fully charge a bus in approximately 3.5 hours, twice as fast as the previously installed chargers. The newly purchased electric bus will use an estimated 80% of its battery on the longer routes and 60% on shorter routes. The buses will need to be charged every night in order to be used for the next day's service. This increased efficiency allows for greater flexibility in scheduling bus charging throughout the day and reduces exposure to peak electricity rates. At the time of the first phase of construction in 2022, ChargePoint Express Plus chargers were not yet available.
The advertised project scope also included an additive alternative scope to install one (1) power block and two (2) additional chargers. Due to funding constraints, the alternate scope is not recommended for award at this time.
Project Advertisement and Bid Results
An initial Bid opening was held on August 21st, 2025. The City received one bid that was deemed non-responsive and was therefore rejected. The project was subsequently readvertised, and the second bid opening was held on November 4th, 2025. Two bids were received. Upon review, the lowest bid from Lee Wilson Electrical was found nonresponsive due to not meeting the required number of prior electric vehicle charging reference projects as specified in the Notice to Bidders. The second bid, submitted by Newton Construction, was determined to be responsive. Both bids exceeded the Engineer’s Estimate of $265,650, reflecting ongoing cost escalation and a limited pool of contractors qualified to complete this type of project. Staff recommends awarding the project to Newton Construction, even though it is higher than the Engineer’s Estimate. It is unlikely that bids would decrease if the project were to be readvertised, and doing so would cause further delays to the implementation of the EV buses that are currently on site.
Item 5h
Engineer’s
Estimate
Lee Wilson
Electrical
Newton Construction &
Management
Base Bid: $222,000.00 $253,899.00 $290,135.00
Additive Alternative: $43,550.20 $104,150.00 $112,050.20 Total: $265,550.00 $358,049.00 $402,185.00
The total cost of the listed bid results above does not include the purchase of the chargers and power blocks. The City will be purchasing those separately with an estimated cost of $510,000. There will also be an additional anticipated cost of $170,000 for the purchase of the transformer from PG&E for a total project cost of $1,103,225.
Previous Council or Advisory Body Action
This project was identified in the 2023-2025 Financial Plan that was approved by Council.
On January 14, 2025 Council approved the execution of an agreement with SLOCOG for the city to receive $395,000 in grant funding from Senate Bill (SB) 125 and appropriate those funds to Project No. 2000403 for installation of the EV infrastructure needed at the Transit Yard.
On June 17, 2025 Council approved the transfer to Project No. 2000403 of $14,868 in Low Carbon Transit Operations Program (LCTOP) funds and $69,156 in reassigned LCTOP competitive funds from project account 200058, which was the remaining balance from the original project in 2022.
Public Engagement
Public engagement occurred when the Project was first identified and included in the City’s 2023–25 Financial Plan.
CONCURRENCE
The Public Works Department, Fire Department, and City Administration have reviewed and concurred with the project.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (Existing Facilities) of California Environmental Quality Act (CEQA) Guidelines because this project proposes work within the existing transit facility. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A Notice of Exemption has been filed with the Community Development Department.
Item 5h
FISCAL IMPACT
N/A
Budgeted: Yes Budget Year: 2025-2027
Funding Identified: Yes
Fiscal Analysis:
The total project cost of $1,103,225 includes the construction costs, construction contingencies, design support during construction, materials testing, purchase/installation of PG&E transformer and purchase of the EV chargers and power blocks. As a side note, the purchase price of chargers and power blocks was quoted at $510,000 and is not expected to fluctuate significantly.
The project is funded through a combination of federal and state grants, along with remaining funding from the previous transit project and bus purchases. Federal Grant FTA 5307 can only be used for the purchase of the Charging Equipment; it can not be used for construction or site improvements. The other funding sources do not have any use restrictions and can be used to install and complete the site work.
Funding Sources Total Budget
Available
Current
Transfer
Request
Account
Balance
(Account
2000403)
Remaining Account
Balance (Account
2000614)
Annual Ongoing
Cost
State: Low
Carbon Transit
Operations
Program
(LCTOP)
$268,299.00 $0 $268,299.00 $0 $0.00
Federal: SB 125 $395,000.00 $0 $395,000.00 $0 $0.00
State: Transit
Fund (LCTOP)
$69,156.00 $0 $69,156.00 $0 $0.00
FTA 5307
(2000614)
$534,834.70 $315,180.0
0 $315,180.00 $219,654.70 $0.00
TDA (2000614) $94,382.30 $55,620.00 $55,620.00 $38,762.30 $0.00 Total $1,361,672.00 $370,800 $1,103,255.00 $258,417 $0.00 Staff recommend transferring $315,180 FTA 5307 grant funds and $55,620 TDA grants funds, $370,800 total, from project account 2000614 to project account 2000403. The funds in account 2000614 are remaining grant funds from the purchase of the two electric buses, allocated for the construction cost of the EV charging infrastructure. There will be a remaining balance of $258,417.00 in project account 2000614.
Item 5h
Battery Electric Bus Infrastructure No. 2000403
Battery Electric Bus Charging Infrastructure (2000403)
Project Total
Costs Project Costs LCTOP SB 125 CIP – Transit
Fund (LCTOP) FTA 5307 TDA
Construction Bid - Base: $44,135.20 $246,000 $0 $0 $0 $290,135.20 Total Construction Cost: $44,135.20 $246,000 $0 $0 $0 $290,135 Charger + Power Block Purchase
(Base Bid): $0 $139,200 $0 $315,180 $55,620 $510,000
Material Testing $10,000 $0 $5,000 $0 $0 $15,000
Printing $500 $0 $0 $0 $0 $500
PG&E Transformer: $170,000 $0 $0 $0 $0 $170,000
Construction Contingencies (12%): $43,663.60 $9,800 $64,156 $0 $0 $117,620.60 Total Project Cost $268,299 $395,000 $69,156 $315,180 $55,620 $1,103,225 Current Project Balance $268,299 $395,000 $69,156 $315,180 $55,620 $1,103,255 Total Project (Base) Project
Remaining Balance $0 $0 $0 $0 $0 $0
The cost associated with the transformer is an estimate based on staff research of similar projects. PG&E has not been able to provide a quote for this work. However, PG&E did verify that there will be minimal site work associated with the upgrade (i.e. new concrete pad), which staff anticipates will reduce the overall cost.
ALTERNATIVES
Deny authorization to award the project. City Council may choose not to authorize the award of the project. Choosing not to proceed at this time would result in significant delays to the deployment of the newly acquired electric buses, potentially impacting service schedules and operational planning.
Deny authorization to award the project and rebid the project for a third time. City Council may choose not to authorize the award of the project and request to readvertise the project. This change would most likely result in higher overall construction costs and additional delays to both the charger installation and the rollout of the electric bus fleet.
Authorize the award of the project and request that the procurement of the chargers and power blocks be publicly bid. City Council may choose to authorize the award of the construction contract with Newton, but request staff to competitively bid the procurement of the chargers and power blocks instead of procuring them using the Sourcewell agreement. This would result in several months of delays to project completion, and could also result in higher costs for the chargers.
ATTACHMENTS
A - Battery Electric Bus Charging Infrastructure – Plans B - Battery Electric Bus Charging Infrastructure – Specials C- Contractor Agreement
0 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 Owner) and NEWTON CONSTRUCTION & MANAGEMENT, INC. (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE, SPECIFICATION NO. 20000403
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:
Item
No. SS(1) Item Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1 17 Clearing and Grubbing LS 1 $6,000.00 $6,000.00
2 15 Remove Chain Link Fence LF 20 $70.00 $1,400.00
3 41 Concrete Removal SQFT 402 $32.00 $12,864.00
4 26 Class II Aggregate Base CY 11 $400.00 $4,400.00
5 80 Chain Link Fence LF 53 $140.00 $7,420.00
*6 77 Pothole Existing Utilities EA 4 $500.00 $2,000.00 7 51 Power Block Concrete Pad LS 1 $30,000.00 $30,000.00 8 86 Power Block Mounting Plates EA 6 $300.00 $1,800.00 9 86 Set Power Block EA 2 $3,000.00 $6,000.00
2 10 15 Modify Charging Station
Concrete Pad and Set Charger
EA 4 $4,000.00 $16,000.00
11 86 Pull Boxes EA 3 $3,000.00 $9,000.00
12 86 Conduit, Bends, and Material LS 1 $55,000.00 $47,000.00 13 86 Conductors LS 1 $92,000.00 $92,000.00
14 77 Circuit Breakers LS 1 $25,000.00 $25,000.00
15 12 Bollards EA 4 $1,800.00 $7,200.00
16 40 Concrete Pavement SQFT 402 $30.00 $12,060.00
17 84 Striping – Thermoplastic LS 1 $1,750.00 $1,750.00 BID TOTAL: $290,135.20
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
3 ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of 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. Contractor is subject to compliance with all Required Federal Clauses per Exhibit A.
4 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
CONTRACTOR:
Newton Construction & Management,
Inc.
By:
Whitney McDonald, City Manager Eric Newton
Its: President and Secretary
APPROVED AS TO FORM
J. Christine Dietrick
City Attorney
By:
Rodessa Newton
Its: Treasurer
Item 5i
Department: Public Works
Cost Center: 5201
For Agenda of: 12/2/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Publics Works & Utilities Director
Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: AUTHORIZATION TO REPLACE COMPUTER-AIDED DISPATCH AND
AUTOMATED VEHICLE LOCATION SYSTEM FOR SLO TRANSIT
BUSES VIA COOPERATIVE AGREEMENT
RECOMMENDATION
Authorize the Replacement of Computer-Aided Dispatch and Automated Vehicle Location System via Cooperative Agreement between Connexionz, Ltd. and The Interlocal Purchasing System (TIPS)
REPORT-IN-BRIEF
The Transit Innovation Study identifies replacing SLO Transit’s existing Computer-Aided Dispatch and Automated Vehicle Location (CAD/AVL) system as a high priority. The CAD/AVL system connects with other technologies such as onboard voice annunciators, passenger counters, security cameras, and real-time passenger information displays.
The current system is malfunctioning and lacks essential features, resulting in inaccurate vehicle location data, unreliable real-time passenger information, and incomplete ridership reporting. These issues diminish service reliability and require inefficient manual data collection. Replacing the CAD/AVL system will enhance scheduling accuracy, service monitoring, reporting, and rider communication.
Under San Luis Obispo Municipal Code Section 3.24.060(E), cooperative purchasing allows the City to procure the system without conducting its own formal bid process.
Connexionz Ltd. offers CAD/AVL hardware and software through The Interlocal Purchasing System (TIPS) at a discounted rate. This fully integrated solution meets SLO Transit’s operational and data needs. Sufficient federal and state funding is available to fully replace the existing system. Staff recommend authorizing replacement of the CAD/AVL system through a cooperative purchasing agreement between TIPS and Connexionz Ltd.
Item 5i
POLICY CONTEXT
The Transit Innovation Study identifies replacement of the current Computer-Aided Dispatch and Automated Vehicle Location (CAD/AVL) system on all fixed-route buses as the fourth-highest priority (see pages 8-9). The CAD/AVL system connects with other technologies such as onboard voice annunciators, passenger counters, security cameras, and real-time passenger information displays. Because of these integrations, the CAD/AVL system is a critical component to public transit operations.
Under San Luis Obispo Municipal Code Section 3.24.060(E), bidding procedures may be waived when a purchase is made cooperatively with other government agencies that offer the same products and/or services at equal or lower cost under the same terms. CAD/AVL hardware and software from Connexionz, Ltd. are available through The Interlocal Purchasing System (TIPS), a national purchasing cooperative, at a substantial discount compared to retail pricing. Connexionz’s solutions meet SLO Transit’s needs for data communication, GPS tracking, and real-time passenger information and have a demonstrated track record serving multiple agencies throughout California.
DISCUSSION
Background
The current CAD/AVL system was purchased in 2018 and installed shortly thereafter. The CAD/AVL system service agreement is through the City’s transit operation and maintenance services contractor, Transdev, whom the City pays as a pass-through cost on the monthly invoices. Replacement of the CAD/AVL system does not affect delivery of services provided through the transit operation and maintenance services contract.
The system was designed to integrate with multiple onboard systems to provide the public with real-time service information and to provide staff with accurate operational data.
However, the system lacks key features needed for fixed-route operations, which SLO Transit operates. As a result, wrong location data is transmitted, which causes inaccurate communication of arrival times and next stop announcements to riders. This reduces the reliability of real-time information, negatively affects rider experience, and makes system performance difficult to evaluate.
In addition, the current system does not accurately record passenger boardings and alightings. This requires staff to manually count ridership, which is a time-consuming and outdated process. Replacing the CAD/AVL system would significantly improve service scheduling, reporting accuracy, and customer information. Addressing these technology and data issues would improve service quality for SLO Transit riders.
The Transit Innovation Study, finalized in February 2024, identified replacement of the CAD/AVL system as the fourth-highest priority recommendation based the critical role the system plays in communicating reliable and accurate data.
Item 5i
In December 2023, San Luis Obispo Council of Governments (SLOCOG) issued a call for projects for Senate Bill (SB) 125 program funding. The SB 125 program provides a one-time infusion of funding to help transit providers with both operating costs and capital improvements. Staff applied for and was awarded $130,000 in funding to replace the CAD/AVL system. In January 2025, Council adopted Resolution No. 11538 authorizing an agreement between SLOCOG and the City for SB 125 funding including for the CAD/AVL system replacement project. After reviewing industry vendors and costs, staff determined that the $130,000 allocation was insufficient to procure all components needed to fully replace the CAD/AVL system.
In March 2025, staff applied for and was awarded an additional $300,000 in Federal Transit Administration (FTA) 5307 program funds to fully fund the CAD/AVL system replacement project. In June 2025, Council adopted Resolution No. 11575 appropriating the additional federal funds to the associated Capital Improvement Project (Project No. 2000404).
Evaluation of Procurement Options
The State of California offers Master Service Agreements (MSAs) with three vendors for CAD/AVL systems. Like purchasing cooperatives, MSAs allow agencies to purchase products and services from a vendor that responded to a competitive bidding process and meet the scope of work requirements. The MSAs also offer better pricing for the same products and services compared to retail pricing. Staff prepared a scope of work and requested proposals under these agreements.
The CAD/AVL systems offered through these MSAs focus on providing real-time vehicle location information but lack hardware needed to integrate with essential systems like voice annunciators, passenger counters, and security cameras. Staff concluded that using the MSA associated vendors was not recommended, as additional hardware and software would still be required to meet the City’s needs. During this process, staff also explored utilizing The Interlocal Purchasing System (TIPS). TIPS is a national purchasing cooperative that provides the same or better pricing, depending on the item, compared to the MSA and would allow the City to procure all required hardware and software from a single source.
Purchasing Cooperative – The Interlocal Purchasing System (TIPS) TIPS helps public agencies procure products and services efficiently and in compliance with competitive purchasing requirements. TIPS issues thousands of competitively bid contracts with vendors for a wide range of goods and services, including technology, vehicles, construction, and professional services. Once a vendor contract is awarded, member agencies, including the City of San Luis Obispo, can piggyback1 off those contracts to make purchases without conducting their own formal procurement process.
Section 3.24.060E of the City’s Municipal Code expressly allows for this type of cooperative purchase.
1 When an organization uses an existing, competitively awarded contract from another entity to make its own purchase.
Item 5i
Using TIPS offers several advantages for public agencies. It saves time and reduces costs by eliminating the need to conduct separate competitive solicitations while still meeting procurement requirements including federal and state procurement standards.
The TIPS procurement process ensures transparent, pre-negotiated rates that allows smaller agencies to benefit from lower per unit pricing. TIPS has an executed vendor agreement with Connexionz, Ltd. (Attachment A) through which their full suite of products and services are available to member agencies at a 20 percent discount compared to retail pricing.
Selected CAD/AVL System Vendor – Connexionz, Ltd.
Connexionz, Ltd. (Connexionz) has nearly 30 years of experience providing integrated transit technology solutions with a focus on small- and medium-sized transit agencies.
The San Luis Obispo Regional Transit Authority (RTA) has been a client of Connexionz since 2016 and is satisfied with their products and services. Connexionz offers both hardware and software to provide real-time passenger information, reliable operational data, and integrations with other systems (as shown in Figure 1). Connexionz prepared a proposal tailored to the City’s existing and future needs (Attachment B). Because Connexionz offers both the hardware and software components, selecting them as a vendor means the City can procure a full system from a single vendor.
Figure 1 - Connexionz System Integrations
Discontinuation of the “SLO Transit” Mobile Application The current “SLO Transit” bus tracking mobile application is through Peak Transit and is proprietary to the current CAD/AVL provider. Replacement of the system means that this application will no longer be supported. Connexionz offers its own proprietary application that, for a fee, agencies can use to provide the public with real time service information.
However, there are also free third-party transit-dedicated mobile applications like Transit App and Moovit that already integrate and work with SLO Transit’s real-time service information generated by the CAD/AVL system (Figure 2).
Item 5i
If approved, staff would recommend utilization of these established transit apps rather than offering another proprietary system. These apps are widely used by riders and offer reliable trip planning and real-time bus tracking without additional cost to the City. By maintaining accurate data feeds, the City can ensure up-to-date service information is available to users while benefiting from the continual improvements, regional connectivity, and multimodal trip options provided by these platforms. This approach enhances rider convenience and system visibility while avoiding the significant expense and maintenance demands of a custom app.
If the recommended action is approved, as part of the implementation process, staff will create education and outreach materials notifying the public that the current SLO Transit application provided by Peak Transit will no longer be supported. The outreach materials will include QR Codes to other applications like the Transit App and Moovit that users can chose to use instead. Outreach efforts will include but not be limited to flyers on the buses and at highly used stops, communication with Cal Poly, Laguna Middle School, Downtown SLO, and other community partner organizations. Social Media posts, website updates, and other digital outlets will be used. This information will also be provided at future community events attended by Mobility Services staff.
The City currently offers digital bus passes through an application called Token Transit.
The bus tracking application is a separate application from the Token Transit application and the recommended action in this report does not affect the use of Token Transit application.
Figure 2 - Transit App Interface
Item 5i
Next Steps
Staff would issue a Purchase Order to Connexionz, which incorporates the City’s general contract terms, and submit a copy to TIPS for compliance with their purchasing requirements. Staff would also begin work with Connexionz representatives to schedule a site visit to verify the types and quantities of hardware and auxiliary components needed per bus. The schedule included in the proposal estimates that the project will be completed by mid-March 2026. The schedule provides staff sufficient time to prepare outreach materials notifying the public of the change in bus tracking application providers.
Previous Council or Advisory Body Action
1. January 23, 2024 – Council held a Study Session on the draft Transit Innovation Study report and directed staff to finalize the report and begin implementation.
2. January 14, 2025 – Council adopted Resolution No. 11538 (2025 Series) authorizing the Mayor to execute a cooperative agreement with SLOCOG for Senate Bill 125 funds and the appropriation of funds to associated capital projects.
3. June 17, 2025 – Council adopted Resolution No. 11575 (2025 Series) appropriating federal and state funds to Transit program projects including $300,000 in FTA 5307 program funds for Automated Vehicle Location system replacement.
Public Engagement and Feedback
Throughout the development of the Transit Innovation Study, staff and the consultant solicited feedback from internal and external stakeholders. External stakeholders consisted of representatives from Cal Poly, Downtown SLO, San Luis Obispo Chamber of Commerce, RTA, SLOCOG, Mass Transportation Committee members, and Active Transportation Committee members. During a stakeholder workshop held in September 2023, attendees were asked to rank the preliminary recommendations of the Transit Innovation Study in order of their ability to increase SLO Transit’s ridership. Replacement of the CAD/AVL system was the ranked third highest overall.
During the Short-Range Transit Plan update process, riders were surveyed and asked what improvements they would like to see on SLO Transit’s system. Of the 425 rider responses, 24 stated that the Peak Transit application is not accurate, that the application needs to be updated, or that the application does not provide enough information.
Additionally, a community survey was completed and asked respondents how likely is it that they would use public transit more often if certain improvements were made. Of the 114 respondents, 74 indicated that they would ride more often if better information about transit services were available.
Item 5i
CONCURRENCE
The City Attorney’s Office has reviewed the TIPS Vendor Agreement with Connexionz and approves as to the form. The City’s Finance Department also reviewed the TIPS Vendor Agreement and agrees that it satisfies the Municipal Code section for cooperative purchasing requirements. The Information Technology (IT) Department concurs that the new devices will function with the City’s overall IT infrastructure. Transdev, the City’s transit operations and maintenance contractor, concurs with the recommended action in this report.
ENVIRONMENTAL REVIEW
The recommended actions are not considered a “Project” under California Environmental Quality Act (CEQA) Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Project No. 2000404 (Auto Vehicle Locator System Replacement) Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost1
General Fund $ 0 $ 0 $ 0 $ 0
Transit Fund $ 0 $ 0 $ 0 $ 0
Federal (FTA
5307 Funds) $ 300,000 $ 111,571.76 $ 188,428.24 $ 46,984.10 State (SB 125
Funds) $ 130,000 $ 48,347.86 $ 81,652.14 $ 20,359.81
Total $ 430,000 $ 159,919.62 $ 270,080.38 $ 67,343.91
1 – Average annual cost of support and maintenance services over a four-year period On December 6, 2023, SLOCOG’s board approved submittal of the SB 125 allocation package to the California State Transportation Agency. The allocation package included $130,000 in funding for the replacement of SLO Transit’s CAD/AVL system.
On January 14, 2025, Council adopted Resolution No. 11538 authorizing an agreement with SLOCOG for Senate Bill 125 funds and the appropriation of funds to associated capital projects. The action included appropriating $130,000 in funding to Project No. 2000404 for the CAD/AVL system replacement.
Item 5i
On June 17, 2025, Council adopted Resolution No. 11575 appropriating federal and state funds to Transit program projects including $300,000 in FTA 5307 program funds to Project No. 2000404 for the CAD/AVL system replacement. The additional funds were needed based on the costs estimates included in the Transit Innovation Study.
The total project cost of $429,295.27 includes four years of support and maintenance services (Attachment C). After the initial four-year period, these annual service costs will be budgeted as part of the Transit Program’s operating budget.
Currently, the Transit Program budgets $45,000 annually for CAD/AVL services that is paid to Transdev as a pass-through cost. If the purchase of a new CAD/AVL system is approved, then staff will recommend, as part of the 2026-27 Supplement Budget adoption, reducing the Transit Program’s operating budget to account for these costs being covered by the project account for the initial four-year period.
ALTERNATIVES
Council could decide not to authorize purchase of a CAD/AVL system from Connexionz through the TIPS cooperative agreement and, instead, direct staff to conduct a formal procurement process. Should Council pursue this option, it will delay the replacement of the existing CAD/AVL system.
ATTACHMENTS
A - TIPS Vendor Agreement with Connexionz, Ltd.
B - Connexionz, Ltd. Proposal
C - Connexionz, Ltd. Cost Quote
TIPS Vendor Agreement Page 1
TIPS VENDOR AGREEMENT
TIPS RFP 250503 MRO (Maintenance, Repair, and Operations of Facilities and Grounds) Supplies, Equipment, Tool Rental, Sales, and Services
The following Vendor Agreement (“Agreement”) creates a legal agreement between The Interlocal Purchasing System (“TIPS”), a government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):
__________________________________________________________________________________________________ (ENTER ENTITY NAME]
its owners, agents, subsidiaries, and affiliates (together, “Vendor”) (individually, “Party”, and collectively the “Parties”) and this agreement shall exclusively govern the contractual relationship (“Agreement”) between the Parties.
TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified vendors. Then, where the law of a customer’s jurisdiction allows, instead of public entities and qualifying non-profits expending time, money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select and purchase their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing.
1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public entities and qualifying non-profits that properly join or utilize TIPS (“TIPS Members”) may elect to “piggyback” off of TIPS’ procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement although terms and conditions of this Agreement may ensure benefits to TIPS Members.
2. Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity and that they are acting under due and proper authority under applicable law.
3. Definitions.
a. TIPS Pricing: The specific pricing, discounts, and other pricing terms and incentives which Vendor submitted and TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates submitted by Vendor and accepted by TIPS, if any.
b. Authorized Reseller: A reseller or dealer authorized and added by a Vendor through their online TIPS Vendor Portal to make TIPS sales according to the terms and conditions herein.
4. Entire Agreement. This Agreement resulted from TIPS posting a “TIPS Solicitation” (RFP, RCSP, RFQ, or other) and Vendor submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agreement consists of the provisions set forth herein and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated documents the terms and conditions herein shall control.
5. Vendor’s Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.
Connexionz LTD
TIPS Vendor Agreement Page 2
6. Vendor Identity and Contact Information. It is Vendor’s sole responsibility to ensure that all identifying vendor information (name, EIN, d/b/a’s, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal.
It is Vendor’s sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com to Vendor’s contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of correspondence from these domains and failure to keep vendor identity and contact information current at all times during the life of the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreement that Vendor was not receiving TIPS’ electronic communications issued by TIPS to Vendor’s listed contacts.
7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member.
8. TIPS Sales and Supplemental Agreements. The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement.
All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.
9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor’s discretion unless otherwise required by law.
10. Reporting TIPS Sales. Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS Member’s purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at [email protected] with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected].
11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The administration fee (“TIPS Administration Fee”) is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and identifiable, which is legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days following Vendor’s receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a payment report within their TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion as well as the initiation of collection and legal actions by TIPS against Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor
TIPS Vendor Agreement Page 3
within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS Administration Fees due to TIPS pursuant to this Agreement.
12. Term of the Agreement. If awarded, the resulting Agreement with TIPS is for approximately five years with a one-year, consecutive option for renewal as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS offers a renewal option, the Vendor will be notified via email issued to Vendor’s then-listed Primary Contact. The renewal option shall be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirms receipt by TIPS.
Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does not affect the “Term Calculation Start Date.”
Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor shall calculate the foregoing term as starting on the last day of the month that “Award Notifications” are anticipated as published in the Solicitation, regardless of the actual Effective Date.
Example of Term Calculation Start Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this example.
Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term expiration date shall be five-years from the Term Calculation Start Date.
Example of Contract Expiration Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the Contract Expiration Date of the resulting initial “five-year” term, (which is subject to an extension(s)) will be May 31, 2028 in this example.
Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the prior renewal term where applicable, and continue for the duration specified for the renewal option herein.
Example of Option(s) for Renewal: In this example, if TIPS offers a one-year renewal and the Contract Expiration Date is May 31, 2028, then the one-year renewal is effective from May 31, 2028 to May 31, 2029.
TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits.
13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS’ approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services are included in or added to Vendor’s TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor’s pricing update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all submitted pricing updates shall be within the original terms of the Vendor’s TIPS Pricing (scope, proposed discounts, price increase limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS Quote shall never exceed Vendor’s TIPS Pricing for any good or service offered through TIPS. TIPS Pricing price increases and modifications, if permitted, will be honored according to the terms of the solicitation and Vendor’s proposal, incorporated herein by reference.
14. Indemnification of TIPS. VENDOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TIPS, TIPS MEMBERS, TIPS OFFICERS, TIPS EMPLOYEES, TIPS DIRECTORS, AND TIPS TRUSTEES (THE “TIPS INDEMNITEES”) FROM AND AGAINST ALL
CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES, LOSSES, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES, ARISING OUT OF OR RELATING TO VENDOR’S PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR’S OFFICERS, EMPLOYEES, AGENTS,
AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN
TIPS Vendor Agreement Page 4
WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR, ITS OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES. NO LIMITATION OF
LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO BY TIPS. APART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES’ ATTORNEY’S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS’ FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF AUTHORIZED BY TEX. EDUC. CODE § 44.032(F).
15. Indemnification and Assumption of Risk – Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO: VENDOR INFORMATION, VENDOR DOCUMENTATION, VENDOR’S PROPOSALS, VENDOR PRICING
SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS, TIPS CORRESPONDENCE, VENDOR LOGOS AND IMAGES, VENDOR’S CONTACT INFORMATION, VENDOR’S BROCHURES AND COMMERCIAL INFORMATION, VENDOR’S FINANCIAL INFORMATION, VENDOR’S CERTIFICATIONS, AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR, SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS) (“VENDOR DATA”) TO TIPS. FOR THE SAKE OF CLARITY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 14 ABOVE, VENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS INDEMNITEES HARMLESS FROM AND AGAINST
ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY’S FEES, AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO: (I) ANY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING, VENDOR’S DATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHER HARDWARE OR SOFTWARE SYSTEMS, AND; (II) ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR.
16. Procedures Related to Indemnification. In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in Section 14 and 15 above (including any settlements) and – if it has accepted its indemnity obligation without qualification – control the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and settlement, and TIPS shall, at Vendor’s cost and expense (with respect to reasonable out of pocket costs and expenses incurred by TIPS which shall be reimbursed to TIPS by Vendor), provide all commercially reasonable assistance requested by Vendor. In controlling any defense, Vendor shall ensure that all assertions of governmental immunity and all applicable pleas and defenses shall be promptly asserted.
17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, underpayment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.
18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS Members, and TIPS third-party administrators to effectuate Vendor’s TIPS Contract except as provided for herein. The Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase consideration. If Vendor otherwise considers any portion of Vendor’s Data to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code (the “Public Information Act”) or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part of Vendor’s proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor’s proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information pursuant to the Public Information Act that affects Vendor’s interest in any information or data furnished to TIPS by Vendor, and TIPS requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General
TIPS Vendor Agreement Page 5
within the time period prescribed by the Public Information Act. Notwithstanding any other information provided in this solicitation or Vendor designation of certain Vendor Data as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s Data, including any information deemed confidential or proprietary, to TIPS Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required by law.
19. Vendor’s Authorized Resellers. TIPS recognizes that many vendors operate in the open market through the use of resellers or dealers.
For that reason, TIPS permits Vendor to authorize Authorized Resellers within its Vendor Portal and make TIPS Sales through the Authorized Reseller(s). Once authorized by Vendor in the Vendor Portal, the Authorized Reseller(s) may make TIPS sales to TIPS Members. However, all purchase documents must include: (1) Authorized Reseller’s Name; (2) Vendor’s Name, as known to TIPS, and; (3) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Either Vendor or Reseller may report the sale pursuant to the terms herein. However, Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales made by Authorized Resellers. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. The Parties intend that Vendor shall be responsible and liable for TIPS Sales made by Vendor’s Authorized Resellers. Vendor agrees that it is voluntarily authorizing this Authorized Reseller and in doing so, Vendor agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to Authorized Reseller TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that an Authorized Reseller caused Vendor of breach this Agreement.
20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Any request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall be completed through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being completed may result in immediate termination of Vendor’s TIPS Contract(s) for cause as well as preclusion from future TIPS opportunities at TIPS sole discretion.
21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.
22. Termination.
A) Termination for Convenience. TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.
B) Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.
C) Vendor’s Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.
D) Upon termination, all TIPS Sale orders previously accepted by Vendor shall be fulfilled and Vendor shall be paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS’ sole discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This
TIPS Vendor Agreement Page 6
termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding termination and the Survival Clause term.
E) Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or lost profits, that might arise from TIPS’ act of terminating this Agreement.
23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein.
24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Vendor’s TIPS Pricing or TIPS Sales with thirty-days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without said notice.
Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with Vendor’s TIPS Pricing, TIPS shall have the ability to conduct the audit internalO\RUPD\HQJDJHDWKLUGဨSDUW\DXGLWLQJ ILUPWRLQYHVWLJDWHDQ\SRVVLEOHQRQဨFRPSOLDQWFRQGXFWRUPD\WHUPLQDWHWKH$JUHHPHQWDFFRUGLQJWRWKHWHUPVRIWKLV$JUHHPHQt. In the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS.
TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.
These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination.
25. Conflicts of Interest. The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this Agreement. Vendor affirms that, to the best of Vendor’s knowledge, this Agreement has been arrived at independently, and is awarded without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations with Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement.
26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS Members will submit any TIPS orders to Vendor at any time.
27. Compliance with the Law. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations applicable to their entity in connection with the programs contemplated under this Agreement.
28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Parties hereto.
29. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.
30. Immunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses,
TIPS Vendor Agreement Page 7
remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.
31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at least a rating of ³$ဨ” by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voidHGFDQFHOOHGQRQဨUHQHZHGRUUHGXFHGLQFRYHUDJHRULQOLPLWVXQOHVVUHSODFHGE\DSROLF\WKDWSURYLGHVWKHPLQLPXPUHTXLUHG coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor’s policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS.
General Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: ,QFOXGHVRZQHGKLUHG QRQဨRZQHG Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement.
Umbrella Liability: $1,000,000 each Occurrence/Aggregate
32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such breach.
33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns.
34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any way affect the meaning or interpretation of any of the provisions of this Agreement.
35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court.
The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum.
36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership between them.
37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld.
38. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement.
TIPS Vendor Agreement Page 8
39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for TIPS Sales or as agreed to in the applicable Supplemental Agreement.
40. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.
41. Minimum Vendor License Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are VXVSHQGHGRUWHUPLQDWHGVXEMHFWWRDဨGD\FXUHSHULRGXQOHVVSURKLELWHGE\DSSOLFDEOHVWDWXHRUUHJXODWLRQ
42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and federal laws governing the sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and policies must be complied with even if not specified herein.
43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale).
Cleanup: When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited WR
PRYLQJIXUQLWXUHLQVWDOOLQJZLULQJIRUQHWZRUNVRUSRZHUDQGVLPLODUSUHဨLQVWDOODWLRQUHTXLUHPHQWV Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies.
44. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor’s Authorized Reseller, or as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment requirements as stated herein.
45. Marketing. Vendor agrees that any logos, images, photos, writing, audio, clip art, music, data, promotional documents, or any other information or intellectual property (“Vendor Property”) approved or provided by Vendor for TIPS’ use are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to allow TIPS use of Vendor Property. Vendor permits TIPS to use their name and logo to identify Vendor as a TIPS Awarded Vendor on the TIPS website only. All other use of Vendor’s Property by TIPS shall require prior written Vendor approval. Any Vendor use of TIPS’ logos, images, photos, writing, audio, clip art, music, data, promotional documents, or any other information or intellectual property (“TIPS Property”) or reference to TIPS in marketing outreach requires Vendor to obtain prior written authorization from [email protected] which will not be unreasonably
TIPS Vendor Agreement Page 9
withheld. Vendor must execute a TIPS Marketing Waiver before specific, written authorization will be granted. For any marketing outreach taken by Vendor without proper TIPS’ authorization and execution of the TIPS Marketing Waiver, Vendor shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments involving:
i. Infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property rights and/or claims arising from the Vendor’s (including Vendor’s officers’, employees’, agents’, authorized resellers’, subcontractors’, or invitees’) unauthorized use or distribution of Vendor Property. ii. Violations of privacy and data laws; and
iii. Unauthorized use or distribution of TIPS Property.
46. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the specific TIPS Member customer shall control.
47. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an “Automatic Renewal” clause that conflicts with these terms is rendered void and unenforceable.
48. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS Sale agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Choice of Law” clause that conflicts with these terms is rendered void and unenforceable.pr
49. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable.
50. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.
Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.
51. Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.
Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable.
In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement.
TIPS Vendor Agreement Signature Form Page 1
TIPS VENDOR AGREEMENT SIGNATURE )250
7,36052
0DLQWHQDQFH5HSDLUDQG2SHUDWLRQVRI)DFLOLWLHVDQG*URXQGV
6XSSOLHV(TXLSPHQW7RRO5HQWDO6DOHVDQG6HUYLFHV
Vendor Name: _____________________________________________________________________________ Vendor Address: ___________________________________________________________________________ City: _____________________________________________ State: ____________ Zip Code: _____________ Vendor Authorized Signatory Name: ___________________________________________________________ Vendor Authorized Signatory Title: ____________________________________________________________ Vendor Authorized Signatory Phone: ___________________________________________________________ Vendor Authorized Signatory Email: ___________________________________________________________ Vendor Authorized Signature: ________________________________________ Date: ___________________ (The following is for TIPS completion only)
TIPS Authorized Signatory Name: _____________________________________________________________ TIPS Authorized Signatory Title: ______________________________________________________________ TIPS Authorized Signature: ___________________________________ Date: __07/22/2025_________________ _________________________
91355
Patrick ODonnell
Head of Sales
712-242-8688
[email protected]
June 18, 2025
Dr. Fitts
Executive Director
Connexionz LTD
27720 Avenue Scott Unit 190
Santa Clarita CA
250503
Connexionz Ltd.
Supplier Response
Event Information
Number: 250503
Title: MRO (Maintenance, Repair and Operations of Facilities and Grounds) Supplies, Equipment, Tool Rental, Sales and Services
Type: Request for Proposal
Issue Date: 5/1/2025
Deadline: 6/20/2025 03:00 PM (CT)
Notes: This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity ("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback" an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no specific project or scope of work to review. Rather this solicitation is issued as a prospective award for utilization when any TIPS Member needs the goods or services offered during the life of the agreement.
IF YOU CURRENTLY HOLDS A TIPS CONTRACT WHICH COVERS ALL OF YOUR MRO
OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO HOLD BOTH CONTRACTS.
Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: [email protected]
Connexionz Ltd. Information
Contact: Patrick F O'Donnell
Address: 27720 Avenue Scott
Unit 190
Santa Clarita, CA 91355
Phone: (712) 242-8688
Email: [email protected]
Web Address: www.connexionz.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Patrick ODonnell [email protected]
Signature Email
Submitted at 6/19/2025 03:52:46 PM (CT)
Requested Attachments
Pricing Form 1 250503 Pricing Form 1-
Connexionz.xlsx
Pricing Form 1 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location.
Pricing Form 2 250503 Pricing Form 2 -
CONNEXIONZ.xlsx
Pricing Form 2 must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location. (3) Required Customer Reference Letters
Professional Reference for
Connexionz - TIPS RFP
250503.pdf
Vendor is required to upload three Customer Reference Letters from three separate customers as described herein.
Vendor will be scored on the aggregate Reference Letters received from customers as described in the solicitation.
Vendor must provide three current letters (issued within the 12-months preceding the date on which the solicitation was posted) from its customers verifying Vendor’s customer service and reputation as described herein. (Ex. if the solicitation/bid posted on February 4, 2024, the letters must be dated on or after February 1, 2023). The letters must be issued from customers who have received goods or services from the Vendor or its current corporate officials, on entity/company letterhead, must specify its customer experience with Vendor, and must be signed by an authorized representative of the customer. TIPS Reference Forms from past bids will no longer be accepted.
Required Confidentiality Claim Form 250503 Required Confidentiality Claim Form.pdf
The Required Confidentiality Claim Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert confidentiality of any information submitted.
Vendor Agreement 250503 Completed Vendor
Agreement.pdf
The Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement, Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation.
Vendor Agreement Signature Form 250503 SIGNED Vendor
Agreement Signature Form.pdf
The Vendor Agreement Signature Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement, Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation.
Current Form W-9 Connexionz - W-9 (1).pdf
Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the information provided herein exactly. This form will be utilized by TIPS to properly identify your entity.
Alternate or Supplemental Pricing Documents No response Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that documentation.
Certificates & Licenses (Supplemental Vendor Information Only) Disclosure of Lobbying Activities -
CONNEXIONZ Standard Form -
LLL.pdf
Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Vendor Logo (Supplemental Vendor Information Only) CONN008 Logo COLOUR REV NO BG v1 v1 (2).jpg
Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing, Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Information Only)
Limited-Warranty (1).pdf
Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Supplemental Vendor Information (Supplemental Vendor Information Only)
Connexionz Base Product
Information - June 2025.pdf
Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Disclosure of Lobbying Activities - Standard Form - LLL Disclosure of Lobbying Activities -
CONNEXIONZ Standard Form -
LLL.pdf
Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location.
Conflict of Interest Questionnaire - Form CIQ Conflice of Interest - Connexionz.pdf
Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded at this location.
Bid Attributes
1 Disadvantaged/Minority/Women Business & Federal HUBZone Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal HUBZone vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location.
NO
2 Historically Underutilized Business (HUB)
Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location.
No
3 National Coverage
Can the Vendor provide its proposed goods and services to all 50 US States? Yes - All 50 States
4 States Served
If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member customers consider purchasing your offerings.
No response
5 Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing.
Connexionz will design, deliver, and support end-to-end Intelligent Transportation Systems (ITS) solutions for transportation providers such as yourself. Our cloud-based solutions mean that our system will evolve as new features are added, giving you flexibility should you wish to adopt them. Over the decades CNX has successfully installed CAD/AVL hardware on hundreds of mass transit vehicles across America, ranging from large buses to cut-aways and trolleys, and even ferries. A base example of agencies are included below: Augmenting the CAD/AVL core has included add-on/integration of APCs (Automated Passenger Counters), AFCs (automated fare collection), AVA (Automatic Voice Announcements), infotainment, engine diagnostics, and a myriad of longstanding partner relationships for specialties such as MVS (Mobile Video Systems), NTD (National Transport Database) reporting, pre and post-trip inspections, run-cutting and more. CNX prides itself on two very key differentiators; firstly, its long-standing customer relationships that have renewed multiple times, which could be due in-part to the second - its unique ability to play very well with 3rd party hardware and software for integration purposes. Circling back to “the sum of its parts”, the core individuals assigned to a typical project’s ITS deployment have a combined experience of more than 85 years in project management and service/support. 6 Primary Contact Name
Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract.
Patrick ODonnell
7 Primary Contact Title
Primary Contact Title
Head of Sales
8 Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact. [email protected]
9 Primary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 7122428688
1 0
Primary Contact Fax
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 1
Primary Contact Mobile
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7122428688
1 2
Secondary Contact Name
Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract.
Jamie Palmer
1 3
Secondary Contact Title
Secondary Contact Title
Sales Manager
1 4
Secondary Contact Email
Please enter a valid email address that will definitely reach the Secondary Contact. [email protected]
1 5
Secondary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).
Please provide the accurate and current phone number where the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 6614511005
1 6
Secondary Contact Fax
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 7
Secondary Contact Mobile
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 6614511005
1 8
Administration Fee Contact Name
Please identify the individual who will be responsible for all payment, accounting, and other matters related to Vendor's TIPS Administration Fee due to TIPS for the duration of the contract.
Jamie Palmer
1 9
Administration Fee Contact Email
Please enter a valid email address that will definitely reach the Administration Fee Contact. [email protected]
2 0
Administration Fee Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 6614511005
2 1
Purchase Order and Sales Contact Name
Please identify the individual who will be responsible for receiving and processing purchase orders and sales under the TIPS Contract.
Patrick ODonnell
2 2
Purchase Order and Sales Contact Email
Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. [email protected]
2 3
Purchase Order and Sales Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7122428688
2 4
Company Website
Company Website (Format - www.company.com)
www.connexionz.com
2 5
Entity D/B/A's and Assumed Names
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award.
Connexionz Ltd. is correct
2 6
Primary Address
Primary Address
27720 Avenue Scott
2 7
Primary Address City
Primary Address City
Santa Clarita
2 8
Primary Address State
Primary Address State (2 Digit Abbreviation)
CA
2 9
Primary Address Zip
Primary Address Zip
91355
3 0
Search Words Identifying Vendor
Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation.
Transit Agency Bus Parts Transit Software E-Signs Infotainment System CAD/AVL Bus Tracking Automated Announcements Automated Passenger Counters GTFS GTFS-RT Cellular Routers Bus Shelters Transit Centers NTD Certification Fixed Route Buses Passenger Information Transit Technology GPS 3 1
Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner:
(A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas? Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain contracts. However, Vendor response does not affect points, scoring, or potential award.
No
3 2
Vendor's Principal Place of Business (City)
In what city is Vendor's principal place of business located? Santa Clarita