HomeMy WebLinkAboutAGENDA REPORT 2016 0302 CCSA REG ITEM 10J ITEM 10.J.
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FROM: Jeremy Laurentowski, Parks and Re reation Directo kJ'
BY: Jessica Sandifer, Program Manag U
DATE: February 19, 2016 (CC Meeting of /02/16)
SUBJECT: Consider Award of Agreement to J&T Engineering and Construction
and Resolution Amending the Budget for Fiscal Year 2015/16
Appropriating $135,800 from the General Fund Reserve for
Construction of the Retaining Wall at Arroyo Vista Community Park
(Capital Project No. 7856)
BACKGROUND
A retaining wall at Arroyo Vista Community Park (AVCP) is in need of replacement. The
retaining wall was installed at the top of the slope on the south side of the park, adjacent
to three homes at the end of the cul-de-sac on Honeyglen Court and Summerglen
Court. The original retaining wall was constructed with wood beams and galvanized
steel posts for support, and is approximately 5' in vertical height and 90' in length. Over
time, several wood beams have dislodged from the wall and there appears to be a
significant amount of outward deformation. The actual construction date of the retaining
wall is unknown, but staff suspects that it was constructed around the same time that
the homes were constructed in 1985. In December 2013, the City Council authorized a
geotechnical investigation of the retaining wall area. The investigation concluded that
the movement of the existing wall is due to a combination of factors, which include the
initial design and degradation of the existing wall, as well as the creep-type soil
movement of the fill soils above the wall. In September 2014, the City Council approved
funding to hire a civil engineer to design the retaining wall options recommended by the
geotechnical consultant. Staff contracted with Phoenix Civil Engineering (Phoenix) to
complete the construction drawings and specifications for the project.
The retaining wall as designed calls for the installation of cast in drilled hole (CIDH)
piles and a reinforced concrete retaining wall that spans approximately 148'. The
construction of the project will require the removal and replacement of an existing
wrought iron property line fence that aligns with the top-of-slope at the property line of
the park. Approximately 168 linear feet of fencing will be replaced where it abuts the
new retaining wall. The new fence will tie into the existing fence on either side of the
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Honorable City Council
March 2, 2016
Page 2
project area. Construction of the retaining wall will require temporary construction
easements across the homeowners' properties. The current contract City Engineer has
reviewed and approved the plans and specifications. In November, 2015, the City
Council approved the project and authorized staff to go out for bids.
DISCUSSION
A request for bids for the project was posted in the paper on December 12, 2015 and
December 17, 2015. Five bids were received by the due date of January 6, 2016. The
results are:
GMZ Engineering, Inc. $259,500.00
Griffith Company $890,098.00
J&T Engineering & Construction $122,800.00
J Evans Construction $343,294.40
Monet Construction $188,500.00
The proposals were evaluated on their completeness and cost. The low bidder is J&T
Engineering & Construction (JTEC). JTEC possesses the necessary contractor's
license to perform the work.
The project bids vary in terms of overall costs. Staff believes the cost differential was
related to project staging and site access. JTEC has stated that they feel confident that
they can do the project per the submitted proposal.
It should be noted that JTEC did not list any experience specifically related to the
construction of retaining walls, nor did any of the other bidders that submitted proposals,
with the exception of the highest bidder. Since JTEC carries the necessary license for
this work and has completed other projects related to masonry construction, the City
cannot reject JTEC's bid based on lack of experience. However, the City Council may
reject all the bids and re-bid the project if it feels necessary to do so. JTEC's references
indicated that they performed satisfactorily on the jobs that they were awarded. Staff
has also enlisted the services of Phoenix Civil Engineering, Inc. for project management
and inspection services for this project. Therefore, staff is recommending that the City
Council award the bid to JTEC.
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and reconstruction of an existing retaining wall,
and there is no reasonable possibility that it would result in a significant effect on the
environment, either individually or cumulatively in consideration of other reasonably
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Honorable City Council
March 2, 2016
Page 3
foreseeable projects, it is the Community Development Director's determination that the
project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines.
If this project is approved, staff will file a Notice of Exemption with the County Clerk.
FISCAL IMPACT
A new project number should be used to account for this construction project. Staff has
established Capital Project number 7856 — AVCP Retaining Wall. General Fund
appropriations totaling $60,006.00 were previously approved in the operating budget
unit for Arroyo Vista Community Park (7803) with $17,302.13 expended in FY2014/15.
The remaining appropriation of $42,703.87 is proposed to be transferred from Project
7803 to Project 7856. A budget amendment of $135,800.00 is being requested from the
General Fund Reserve (1000) for the reconstruction of the retaining wall.
Budget Unit: 1000-7800-7856
Budget
Expense Estimated Budgeted Amendment
Accounts Account Title Project Cost thru FY15116 Request
9601 Design & Engineering* $26,610.00 $26,610.00 $0.00
9613 Grounds & Improvements $135,800.00 $0.00 $135,800.00
9650 Construction Management $33,396.00 $33,396.00 $0.00
$195,806.00 $60,006.00 $135,800.00
FY2014/15 actual expenditures $17,302.13. Continuing appropriations to FY 2015/16 is
$9,307.87.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Award bid to J&T Engineering and Construction for $122,800.00 plus a
$13,000.00 contingency for a total contract amount of $135,800.00 and authorize
execution of the Agreement by the City Manager, subject to final language
approval by the City Manager and City Attorney.
2) Adopt Resolution No. 2016-
Attachments:
1 —Agreement
2 — Resolution No. 2016-
279
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
J&T ENGINEERING AND CONSTRUCTION FOR CONSTRUCTION OF
RETAINING WALL AT ARROYO VISTA COMMUNITY PARK
THIS AGREEMENT, made and effective as of this day of
, 2016, between the City of Moorpark, a municipal corporation
("City") and J&T Engineering and Construction, a sole proprietor ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for construction services related to construction of
Retaining Wall at Arroyo Vista Community Park; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the 2nd day of
March, 2016, authorized the City Manager to enter into this Agreement after public
bidding in accordance with California Public Contract Code Section 20160, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide
construction services related to construction of Retaining Wall at Arroyo Vista
Community Park, as set forth in Exhibit B: Contractor's Bid Proposal, dated January 6,
2016, which exhibit is attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as the "Proposal" and as set forth in
Exhibit C, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers'
Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and
Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile
Liability, attached hereto and incorporated herein by this reference as though set forth in
full and hereinafter referred to as Exhibit C. Where said Scope of Services is modified
by this Agreement, or in the event there is a conflict between the provisions of said
Scope of Services and this Agreement, the language contained in this Agreement shall
take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit
C. Contractor shall complete the tasks according to the schedule of performance which
is also set forth in Exhibit C.
280
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total value of
one hundred twenty-two thousand eight hundred dollars ($122,800.00) as stated in
Exhibit B, plus a project contingency of thirteen thousand dollars ($13,000.00) for a total
contract amount of one hundred thirty-five thousand eight hundred dollars
($135,800.00), without a written amendment to the agreement executed by both parties.
Payment by City to Contractor shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor's compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Jerome S. Contreras, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein
- by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed one hundred thirty-five thousand eight hundred
J&T Engineering and Construction Page 2 of 15 281
dollars ($135,800.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties.
Contractor shall 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. 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 any disputed fees set forth on the invoice. Contractor shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
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
ten (10) 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.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the City may proceed in the manner set forth in Section 6-4 of the
Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
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If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five
hundred dollars ($500.00) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made
by the City after the above specified completion date shall not constitute a waiver of
liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
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 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 at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
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 to
be performed pursuant to 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, and printing computer files.
J&T Engineering and Construction Page 4 of 15 283
10. INDEMNIFICATION AND HOLD HARMLESS
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
counsels' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with 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 City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels 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.
Contractor obligations under this section apply regardless of whether or not 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 City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless 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 City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns, or heirs of Contractor and shall survive the termination of this
Agreement or Section.
J&T Engineering and Construction Page 5 of 15 284
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
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 against City, or bind City in any manner.
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 services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. 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.
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14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
The Contractor shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is 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 will receive compensation, directly or indirectly from Contractor, or 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.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Jerome S. Contreras
J&T Engineering and Construction
350 N. Lantana Street, Suite F-214
Camarillo, California 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
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 in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to-herein
shall be filed in the applicable court in Ventura County, California. The City and
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Contractor understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. 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.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
C, attached hereto and incorporated herein by this reference as though set forth in full.
In the event of conflict, the requirements of the City's Bid Package and this Agreement
shall take precedence over those contained in the Proposal.
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28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK J&T Engineering and Construction
By: By:
Steven Kueny, City Manager Jerome S. Contreras, Owner
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
J&T Engineering and Construction Page 11 of 15 290
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf" basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
J&T Engineering and Construction Page 12 of 15 291
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. - Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
292
J&T Engineering and Construction Page 13 of 15
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
J&T Engineering and Construction Page 14 of 15 293
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
J&T Engineering and Construction Page 15 of 15 294
EXHIBIT B
P&R 15-01
CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION ANO OONINIU ITY SERVICES
PARKS DIVISION
PROPOSAL
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
15
2015 AVCP Retaining Wall 2 9 5
Revised- Addendum#1
P&R 15-01
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PROPOSAL
FOR
Retaining Wall Project at Arroyo Vista Community Park
Specification No. P&R 15-01
Bids to be received on January 6, 2016 at 3:00 p.m.
Completion Time: 45 Consecutive Working Days after Receipt of Notice to Proceed
Liquidated Damages $500 per Calendar Day
CONTRACTOR t.
Name -1 tT Er t, 1 N ec_i-1P' q (6 03 "t1 1 °Ai
Street Address 3 S-0 of 1 ) 1-Q *N ft 5T., -* F-2-J Ll
City eft-pitl Li. State C Zip Code 93
Telephone Number &VS-- EP-Pi - Sao Z- CC eu.) • $OS-'in -3130o (oc c
Fax Number 801- / 812-- 2 2-00
Email C"T EC l wt.a 4"iCt Ke Ne f z e ro . C o'1
The bid shall be balanced so that each bid item is priced to carry its share of the cost of
the work and also its share of the contractor's overhead and profit. The City reserves
the right to delete any bid item to the extent that the bid is qualified by specific limitation.
An unbalanced bid shall be considered as grounds for rejecting the entire bid.
SUBMIT PAGES 19 THROUGH 31 FULLY EXECUTED WITH THIS PROPOSAL
16
2015 AVCP Retaining Wail 2 96
P&R 15-01
LIST OF DOCUMENTS
TO BE SUBMITTED WITH PROPOSAL
FOR
Retaining Wall Project at Arroyo Vista Community Park
Instructions for Signing Proposal, Bonds, and Contract Page 17
Contractor's.Proposal Statement .:.... ......................._ _ Par.18:
Proposed Schedule of Work and Prices Page 19
Bidder's Bond to Accompany Proposal Page 21
Statement:of Bidder's::Qualifications;and.References Page 22
Statement of Bidder's Past Contract Disqualifications Page 26
Questionnaire Regarding Subcontractors Page 27
Bidder's Statement of Subcontractors-and Material Fabricators Page 28
Non-collusion Declaration Page 29
California Labor Law Requirements Page 30
17
2015 AVCP Retaining Wall 2 9
P&R 15-01
INSTRUCTIONS FOR SIGNING PROPOSAL, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant
Secretary.
c) Affix corporate seal and=notary's-acknowledgment.
d) Others may sign for the corporation if the City has been furnished a
certified copy of a resolution of the corporate board of directors authorizing
them to do so.
Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy
of authorization.
b) Affix notary's acknowledgment.
Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of
authorization.
c) Affix notary's-acknoWledgment.
Individuals
a) Signature: The individual.
b) Affix notary's acknowledgment.
c) Another may sign for the individual if the City has been furnished a
notarized-power-of-attorney authorizing the other person to sign:
Fictitious Names
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
Bonds
a) In addition to all pertinent requirements above, give signature of Attorney-in-
fact and apply surety's seal and provide address and telephone number of
said surety.
PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
18
2015 AVCP Retaining Wall
298
P&R 15-01
CONTRACTOR'S PROPOSAL STATEMENT
City of Moorpark
Moorpark, California 93021
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has
carefully examined-the location of the.proposed work, that he/she has examined the Plans and
Specifications and read the accompanying instructions to bidders, and hereby proposes to
furnish all materials and to do all the work required to complete such work in accordance with
such Plans and Specifications for the prices set forth in this Proposal.
The undersigned has carefully checked all the figures in this Proposal and understands
that City will not be responsible for any error or omission on the part of the undersigned in
preparing this bid nor will City release the undersigned on account of such error or omission.
The undersigned swears or affirms under penalty of perjury that the information
regarding the Contractor's License is true and correct.
The undersigned further agrees that in case of default in executing the required Contract
within the applicable ten (10)calendar days or thereafter failing to provide the necessary bonds,
withinten{10)calendar days after the contract tias.beenfully.executed -the proceeds of check
or bond accompanying the bid shall become the property of the City of Moorpark.
Licensed_ in accordance with a act_providing for the registration of C ntractor's License
No. 4639370 Class it e 25 , Expiration Date 57 31117
Names of Co-Partners or Corporate Officers and Titles:
StrtoME s . rr .fe fa s LE �prtoprlc for
Signature of Bidder ,oma XJ - + a yJ f.' L It
Title
Signature of IT er
Title
Z0 Ho
Date of Submittal I • 6 , 294'S
Name of Contractor or Firm
Jd-torusam 6 and(ens trVc tlot4 Telephone No. (SCC) 9 Y Y-COO z.
Address3.0N 1..fra MINA..sr, Sur 7-E F• 2-161 Cfi'AintaLLO, CR 93010
-Ter*, 1IV4buAL.
Doing Business as Individual/Partnership/Corporation State of Incorporation
Federal Tax Identification Number. - - 57 y q '7 0 7
ALL SIGNATURES'MUST'BE-NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
19
2015 AVCP Retaining Wall
299
,
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE§ 1189)
A notary public or other officer 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 CALIFORNIA )
COUNTY OF \L J7 'ZI )
On li�.t /Pj /& before me, / C.. 2.9a//atf17f ` ./017/W j:64.: .
(Date) (Here Insert Name and Title of the Officer)
personally appeared , 1 P7?f7 (7.0)1/iAPY" ,
who proved to me on the basis of satisfactory evidence to be the person whose name.is/
subscribed to the within instrument and acknowledged to me that he/ itp.6 executed the same
in his/I�ef/tl authorized capacityAe5 , and that by his/h7tfr signature(ce on the instrument
the person or the entity upon behalf of which the personacted, executed the instrument.
7(4
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNE h ,nd and ficial -. .
/ �.3,� EDGAR RODRIGUEZ
,•ti Commission#2095256
Lt i a ^,3 Notary Public-California z
• ature • Notary ubliic / (Notary Seal) z `tom' �'.'
/ Ventura County
Lhliy Comm.Expires Jan 2_4,_2019..
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document i erc �nps4.F S74j 10 /
Document Date: 7 0
G, j OK <M�iii f2m-di_
Number of Pages: Signer(S) Other Than Named Above:
Additional Information:
revision date 01/01/2015
300
P&R 15-01
PROPOSED SCHEDULE OF WORK AND PRICES
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
Paymen
Item t Unit
No. Ref. Description Qty Unit Price Total
1 703-2 P�onmwater Pollution Control 1 LS zoo to D co
2 704-5 Clearing and Grubbing 1 LS S?Q° ST)00.00
3 705-3 Demolition and Removal 1 LS gO J¢° 10Q00.00
Cast 4 706-5 Piles In Drilled Note (CDR) 19 EA 1000= nom 00
5 707-5 Cast in Place Concrete 80 CY 5p0Po 9 0 0 00. 0 D
0
6 708-5 Earthwork 1 LS /size 150x.00
7 709-5 Drainage Improvements 1 LS t500" 1S0400.0D
8 710-3 Install Tubular Steel Fence 168 LF 100.0D /6 800.00
Total Amount of Bid: $ 12Z 800 . 0 0
Contractor's Name 3$T ¢NtvINLEA'S 6 44 Conn 1iU41o4
20
2015 AVCP Retaining Wall 3 0 1
P&R 15-01
PROPOSED SCHEDULE OF WORK AND PRICES
Retaining Wall Project at Arroyo Vista Community Park
*ADD ITIONS/DEDUCTIONS
TOTAL AMOUNT BID $
Bid Item No. New Total
Addition for: +
Addition for: +
Addition for: +
Deduction for: -
Deduction for. -
Deduction for. -
Adjusted Total Bid Amount: $
Adjusted Total Bid Amount in Words:
* Provisions are made for the bidder to include additions or deductions in price for
bid item(s) to reflect last-minute adjustments in bidder's total bid amount The bid
item for which the addition or deduction in price is made shall be listed by the
bidder as indicated above. The unit price for that item (if applicable) shall be
adjusted by dividing the bid quantity into the new total amount as determined
after adding or subtracting the amount listed by the contractor for such item.
The following addenda are acknowledged: Number Date
(Bidder must fill in number and date of I 12.2-8. 2.0/1-
each
.oISeach addendum or may enter the word
"None" if appropriate.)
I make this Proposal and certify under penalty of perjury that all the statements in this
proposal that I have signed are true and correct.
Contractor's Name Contractor's Name
ata £a InlUrunlb oind6nstvgichogi
dear r . . .2.01(0
Signature are Date ignature / Date
bAa Nc-R-
Tale Title
21
2015 AVCP Retaining Wall 3 0 2
P&R 15-01
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of
similar work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's
License Class A at the time the bid is submitted to the City, and Bidder must have
satisfactorily completed at least four municipal projects in the last five years of
comparable size and scope of this project.
Number of years engaged in business under the present business name: Zr
Attach additional pages if required to show the necessary experience. The City
reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Project 1 Name/Number nilfiu (200A 5►04w4LK I►yp(oVGW12NtS
tMoI.► n084 51 01.3.4 3LOci(twiLL, torn eats I oeiveL.K+i1,
Project Description Cotte (�to Heir , kr 9M'j-' T / lam Ott vim , S/'P I q n►h enl
Approximate Construction Dates From: 27 La Iv To: v/20 i r
Agency Name: CIt9 of aAwl v1LILi-O
Contact Person: 3Th 1t.s CA4,l(3+e.1' 0 Telephone: 80S - 3 $T n0 O
Address: COI O&iement �iR• [rMkrtaI LLO CA 9 30 %'D
Original Contract Amount: $ I '13 000 . oo Final Contract Amount $ f W 3 000 . o O
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes o�
Did the Agency file any claims against you? Circle one: Yes
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
23
2015 AVCP Retaining Wall 3 0 3
P&R 15-01
Project 2Name/Number UJG.s+laic f ou.1t4N0 d1AK2 -5-10044a /,lgof°VC(vbT
U
'cid'"1 , PcJol-tfloa, colored I-stickroed Gdatio, Ifwoiite
Project Description = _ _ . _ ._ __ __ _ ., t - j _ _ujtr Is,
Approximate Construction Dates From: q I Ir To: it i 1 r
Agency Name: i p.l- WGb-HosseE Vt LLfr E
Contact Person: l .13.1 4-a'e\ 11/ falTelephone: noir- )413
Address: ,31Z00 OF1W CREST De1yt (AkJ'}141Q VIdal e c 9/34/
Original Contract Amount: $ 9 1000 . 00 Final Contract Amount $ 9 1000. 0 0
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes o
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 3 Name/Number Z C I tr►'Ea Vltvt f ,O4na + �R-Q>:t N b LOT Rept(' r s
AreC7 See F T (�CCeemogc a KK��? M fhr , s r Oa S4C, /bA
Project Description Rarutu tom- 1kAt'As sTQito / SLA-t772Psffr3V PoMEf
Approximate Construction1Dates 1 From: S I r To: lo J Ir
Agency Name: VCvt' *tUCA ?otA -1)
t�-\-c1Ck
Contact Person: 1 iCtiCtrca ?cad$oNS Telephone: 80.1- 870 - 8SOS
Address: 1603 A-ntc lie s t.Jcq , Ven %cct CA 9 3 00 I
Original Contract Amount: $ 0A0 Final Contract Amount: $ 3 IDI d 00 . 0 0
na,
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Ic wre•#- A 7114•c.t ono 11 ve_ tete *D3r ei
24
2015 AVCP Retaining Wall 3 0 4
P&R 15-01
Did you file any claims against the Agency? Circle one: Yes ZD
Did the Agency file any claims against you? Circle one: Yes S
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 4 Name/Number j11.11 ptS.{o1(OQi4a:a l ea
Z std Cv t , Zl+geto s F rcurA IN is 1 Co rrlta taco(d CPI e
Project Description Di.Ace Th r>2/3.-/er t I MoL_• i1Fla� 2Prt4
i Sb 41/7)1iC111t=
1pppHM.t .51 OGS-3cW�`1tLs
Approximate Constructiohh Dates From:jr, / r To: S / ,S
Agency Name: ./H// ✓i9ZLEy (/y1 htd _SCA OctL 7)1 .1 Tal GZ
F K 1 ' Telephone: 8a�� 3a(o"9 SO O
Contact Person: 1 E f
Address: 87r Coe Intf44 51 mi \Jt.I leo / CA
31A-
/It
Original Contract Amount: $ 2271000 Final Contract Amount: $ Z 27, cod t.iqk¢
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes It
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
25
2015 AVCP Retaining Wall
305
P&R 15-01
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)` '
STATE OF CALIFORNIA, COUNTY OF VM +I,
Iamthe 6WMEe
Of SCTfsagtfafc.eit4 o sand /G/JLvcnor)
.Jl `'
the bidder herein. I have read the foregoing statement and know the contents thereof;
and I certify that the same is true to my knowledge, except as to those matters which
are therein stated upon my information or belief, and as to those matters I believe it to
be true.
Executed on /• 6• 2-0/iv at (m' " -' t-L O , California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and corr-'
ignature of Bi. :er
Title
Signature of Bidder
Title
26
2015 AVCP Retaining Wall
306
P&R 15-01
STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS
The bidder shall state whether such bidder, any officer or employee of such bidder who
has a proprietary interest in such bidder has 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; and if so,
explain the circumstances.
1. Do you have any disqualification, removal, etc., as described in the above
paragraph to declare? tc-
Yes No
2. If Yes, explain the circumstances.
Executed on I • (o • 201 to at C IiWl,tt21 l' 10 , Califomia.
I declare, under penal ofrjury, that the foregoing is true and correct.
i
:ignature(s) r J_"_rized Bidder Signature(s) of Authorized Bidder
Ot,J l•1£.t2
Title Title
27
2015 AVCP Retaining Wall 3 0 7
P&R 15-01
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the proposal.
1. Were bid depository or registry services used in obtaining subcontrarr bid
figures in order to compute your bid? Yes( ) No (j/)
2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid
depository you used with this questionnaire.
3. Did you have any source of subcontractors' bids,other than bid depositories?
Yes (► No ( )
4. Has any person or group threatened you with subcontractor boycotts, union
boycotts or other sanctions to attempt to convince you to use the senices or
abide by the rules of one or more bid depositories? Yes ( ) No (M
5. If the answer to No. 4 is "yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
(e) Additional comments: (Use additional paper if
necessary)
(f)
We declare under penalty of perjury that the foregoing is true and correct.
to I b
Dated this i'O — day of sa f}NV tfl'J , 204.67
3t T ,FrtblNLL 'J a0i 4e41 vc no 4
Name of :mpany + /,
:. J .. e
Title
By
Title
28
2015 AVCP Retaining Wall 3 0 8
P&R 15-01
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amountt. (NOTE:If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specially designation
must be listed here. Failure to do so may result in the bid being disqualified.)
Subcontractor Name: License No: 27 f SZ
FeMC E htc rt g y Classification:
Subcontractor Address: $411 t al t 44 Subcontractor Phone:
/60(o cos Ar eIai Aft 13004 aiDge has- Ban
Type of Work: Percent Work to
Si2?m 9 — %(/f,,L,4il %Tt IL F/K E bedone: of
040 IF
ft
Subcontractor Name: License No: 3-� yg Or C A
54PCf tort lou,..1 li--c Classification: A licit n i Dl l-D4f t C3 I
Subcontractor Address: Lit124.V It" Subcontractor Phone:
z30 b J413 t4 ut pH TttfCLt, C� 81e-9%- 1 I °I°,
Type of Work Percent Work to
9g rIl9'L # s / � be
foltitet
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach more sheets if necessary)
Total Percentage 2 it o 0
lgnature(s)of : d;-r Date
Based on contract price
2 May not exceed 50%of contract price.See Greenbook Section 2-3.2
29
2015 AVCP Retaining Wall
309
P&R 15-01
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares: r
in
I am the ow nQ 1Eof<11T EAb,�1L£2iN6 at? r _-77 , e G�
party making the foregoing bid. The bid is not made in the interest of, oronbehalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements
contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
I . C .• 2-01 to [date], at (4104k t LLQ
cm-iftessiA [state].
Name • -:idder
ignature of Bi• • r
sso N • ( b• • A �T zTr=
Cemifl I-LO , c -Ps ot3o \>a
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
30
2015 AVCP Retaining Wall
310
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE§ 1189)
A notary public or other officer 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 CALIFORNIA )
COUNTY OF N Zd )
On 4 )j 10 before me, O ?o.iw21 IUD , tI i I I L
(Ddte) (Here Insert Name and Title of tie Officer)
personally appeared A `12f}`!/lL'" S' (orii--1-rey45
who proved to me on the basis of satisfactory evidence to be the person,(41'whose narne,(4is/p
subscribed to the within instrument and acknowledged to me that he/1/,y executed the same
in his/peF% it authorized capacitype5`i, and that by his/f/ r signaturj.(4 on the instrument
the person,((4, or the entity upon behalf of which the perso _' acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITN y hand a o.f. is --.1.
,a�:+i EDGAR i2QQR1GUEZ
_ �, ,7*, Commission #2095256
✓' a.
a' 1 NotaryPublic-California z
Signatur f Notary Public j' (Notary Seal) Z ,�^Vn� Ventura County D
" . y M Comm.Expires Jan 24,2019
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: '4��jypy) L / 1 Document Date: / &/./iP
Number of Pages: Signer(s) Other Than Named Above:
Additional Information:
revision date 01/01/2015
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CITY OF MOORPARK
( unit
V PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021
^ Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov
December 28, 2015
ADDENDUM NO. 1
for
Retaining Wall at Arroyo Vista Community Park
Specification No. P&R 15-01
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
BID DOCUMENT CLARIFICATION
• Working Day Clarification: The bid proposal form lists 90 working days for completion of the project.
The Construction Specifications list 45 working days. Please use new bid proposal form attached,
which clarifies that the project duration is to be 45 working days from the Notice to Proceed.
(Attachment 1)
• Bid Clarification: Working hours are to be Monday through Friday, 8 a.m.to 4:30 p.m.
• Bid Clarification: Bidder to provide temporary fencing to separate construction activities from the
adjacent residential properties. Final location of the temporary fence to be determined by the City.
• Bid Clarification: City of Moorpark's Construction and Demolition Ordinance:
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance requiring all
demolition and city-sponsored projects, regardless of cost; new construction projects valued over
$500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material
generated during the project from disposal in a landfill (through reuse or recycling). The City has
created a Construction and Demolition Materials Management Plan (C&OMMP) form to assist
applicants to meet these diversion requirements. You will be required to submit a Diversion
Security Deposit of 3%of the project valuation to the City to ensure compliance with the ordinance.
The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a
one-time fee for staff time associated with processing your C&D plan will be charged. You have
two options to meet this requirement. You may use one of the City's franchised haulers (Waste
Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can
provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-
haul your waste to a city authorized certified C&D processing facility. If you self- haul your waste
you must use proper hauling vehicles and bins owned by your company and those vehicles
must be driven by your employees. Please remember that because this project is a prevailing
wage project,the driver of the self-haul vehicle will need to be paid a prevailing wage rate for
driving the CMD materials to the authorized facility. You will need to submit itemized weigh
tickets from each facility documenting your C&D recycling and disposal that indicates the weight
and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid
Waste Division and verified prior to final payment release for the job and refund of your C&D
diversion security deposit. If diversion requirements are not met, the City will retain the deposit.
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MRLHOUSE DAVID POLLOCK MARK VAN DA 1 3
Mayor Councilmember Couneilmemher Councilmember Councilmember
Arroyo Vista Retaining Wall Project—Addendum No. 1
December 28, 2015
Page 2
Please contact the Solid Waste Division at 805-517-6257 with questions about the C&D ordinance
or about how to obtain the forms and documentation requirements.
PROJECT CLARIFICATION—PLANS AND SPECIFICATIONS
1. Clarification—Construction Access—Access to the construction area is to be via Parking Lot A, as
shown on the plan attached (Attachment 2). Bidder will be required to perform clearing &grading in
order to dear an access pathway for equipment and personnel to the construction area. Bidder is
required to restore and repair areas used for access to the construction area to the satisfaction of
the City, including, but not limited to, removal of all ruts and replacement of concrete curbs, gutters
and sidewalks, as needed, if they are damaged during construction. City shall trim or remove three
trees as shown. All areas shall be graded smooth and restored to the original grade that existed
prior to construction. Contractor shall coordinate with City to avoid irrigation valves and utilities.
Contractor shall repair major irrigation components to the satisfaction of the City if damaged during
construction, including, but not limited to, valves, valve boxes, irrigation mainline, and control wires.
City shall restore plant material, irrigation lateral lines and spray heads.
2. Plan Clarification — Can shotcrete be used in place of the poured in place wall for this project?
A: The walls shall be cast in place as designed.
3. Bidder Clarification — Several bidders brought up concerns regarding the use of a drill ng adjacent
to the residential properties and requested a copy of the Geotechnical Report.
A: Bidders assume all liability associated with this project as required by the Contract documents
and applicable state law. The Geotechnical Report has been attached to the e-mail transmitting
this Addendum No. 1.
4. Plan Clarification — Should the tree shown on sheet 2 within the construction area be marked
removed?
A See attached revised Plan Set (Attachment 3)
5. Plan Clarification -Is a profile available for the retaining wall? There are five top-of-wall elevations
shown on various pages, so are we to assume the top of wall is tangential to these 5 points?
A: The topo for the retaining wall is shown on the plans along with the top of wall elevations. There
is a 2 foot 11 inch elevation difference in 148 feet from one end of the wall to the other. There are
5 elevations shown on Sheets 3 and 4. The top of wall elevation will transition between the
elevations.
6. Plan Clarification: Please provide CIDH Pile lengths. Section C/5 gives us max/min dimensions
and"varies". We cannot determine correct lengths based on this information.
A: Sheet 5, Detail C states that the CIDH will be a minimum of 14 feet below competent soil and a
max of 6 feet down. It can be assumed for the bid that the CIDHs will be 20 feet tall. If that
changes, a change order will result(credit or cost depending on length change).
7. Plan Clarification: Detail N5 gives us a bottom of wall elevation to be 1'-0"below top of competent
soil. What elevation is the "top of competent soil"?The wall height is shown as 6 feet in the cross
sections. if the competent soil is determined to be deeper it will be a changed condition.
8. Plan Clarification: Please clarity quantity of 80-cy of concrete for bid item#5.
A: Bid item #5 includes concrete quantity for all concrete items for the project (Item #'s 4,5,7,
and 8)as outlined in Section 707 of the Special Provisions.
314
2
Arroyo Vista Retaining Wall Project-Addendum No. 1
December 28, 2015
Page 3
9. Plan Clarification - Sheet 3, Note 11 states, in part, "..Restore cleated slope area with plant
material to match existing."
A: This addendum modifies that note to state: "Contractor shall restore cleared area, grade slope
smooth and return it to the grade that existed prior to construction. City shall replace plant material
and repair the irrigation system."
'END OF CHANGES'
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be allo d therefore.
C i ,
J my Laurentowski, Parks and,"ecreation Di or
Questions regarding this ad dum may be directed to the Agency's Project Representative Jessica
Sandifer,jsandifer@moorparkca.gov.
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT
JSANDIFER@MOORPARKCA.GOV AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: S 8 T P-46114E£R1A16 av,ei (ov, .s+lJ 1 hod
Authorized Representative: ' E fL o t ie. /
5" ( or.1 T1 a,4's$
Signature of Authorized Representativ , ice„4.., •
K
Attachments:
1 -Revised Proposal Sheet
2-Construction Access
3-Revised Plan Set
3 315
P&R 15-01
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:
That we, J&T Engineering and Construction as Principal, and American
con Indemnity Company , as Surety, admowledge ourselves jointly and
severally bound to the City of Moorpark, the obligee, for ten (10) percent of the total bid,
to be paid to the City if the Proposal shall be accepted and the Principal shall fail to to
execute the Contract tendered by the City within the applicable time specified in the Bid
Terms and Conditions, or fails to furnish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorneys fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this 4th day of January 2016.
J&T Engineering and Construction
Contractor
BJerr
� .��il''v�
owNtR
By
The
American Contractors, Indemnity Company
Surety
By —
elshenker, Attorney in Fact
AU,SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
22
2015 AVCP Retaining Wall
316
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE§ 1189)
A notary public or other officer 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 CALIFORNIA )
COUNTY OF �C 13—iti(4 )
Onl 4/t I ?i21 before me, Lr=Ty./ L 0,0)7)6e6Z// A 411.7 416A�
(Dote) (Here Insert Name and Title of the Officer)
personally appeared Tr -7. �'' (7:46,-,15 ,
who proved to me on the basis of satisfactory evidence to be the person whose namey�is/y
subscribed to the within instrument and acknowledged to me that he/ yy executed the same
in his/, e1/t r authorized capacity, and that by his/p/ it signatur on the instrument
the person , or the entity upon behalf of which the person($'acted, execut d the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNE y hand an ficial;lire,
EDGAR RODRIGUEZ
20952
��G'" a� ,,,,s,''•-� Commission#2095256
z n ;, Li Notary Public-California Z
ignatu of Notary Public , (Notary Seal) z '�v� �:.'" p
`9� Ventura County
M Comm.Ex ares Jan 24,2019 e
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: goipt.,5, 4 662,54.., Document Date: / 6/(
Number of Pages: Signer(s) Other Than Named Above:
Additional Information:
-e
revision date O1/C1/2015
317
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer 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: California
County of Ventura
On 1/4/2016 before me, Lisa Michelle Woolley, Notary Public,
personally appeared Mike Melshenker
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 Certify under PENALTY OF PURJURY under the laws of The State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Mflf71El1E WOOLLEY
fr;b
COMM.02000800 k
a.. NOTARY fR GCAUFORNIA t:
VENTURACOUNM'
I `, IINC7 oA Eilpb6UNARt t 2:17 k Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
['INDIVIDUAL
['CORPORATE OFFICER
TITLES(S) TITLE OR TYPE OF DOCUMENT
['PARTNERS ['LIMITED
['GENERAL
NUMBER OF PAGES
®ATTORNEY-IN-FACT
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
['OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
318
, .
• • . ,--,----..,.., ,-.----------,
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENT _S-YT-hat American Contractors'indemnity Conipany, a California somotntiOg-i=17tatas •
Bonding Company, an assumed narne-bfArne,r—icawt2Oitte actors IndemniWCOrnpany,,Unite&States Surety Coutpwro 1:aryl-And
,------ -7-.t- --
corporation and U.S. Specialty Insurance Compaw r 'exas corporation(Collectiliely,the' COmpanies"),do by trestwreselitsiMake,
constitute and appoint:
Shaun Kelly,Kipton Keller,Richard Toohey,Sherlyn Davis,Shirley Rhoads,
Valerie Bradley,Mike Melshenker or Daniel Vaiman of Ventura,California
_ Is-t-iiii --ettomey(s)-in-f,ct,,,,,ea6fiinhelr.separa,te capacity if mon ye with full power and authority
MIs name,place,andF,Sfead,AO•execute acknowledge artiSkeiWaWasffidilWiuds,recognizances,,undertakings
— -----, 7T-- --7.-- - ---.= =-_-
---- --ii•pAheiitglffinetits or contracts of.)snretyship to include riders,aCtuinftelil.s,auct-tiMisents of surety, providing_the bond
penalty does not exceed ******Five Million Dollars (S **5,0(J0,000-00*" ).
This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
-Bei:Resolved,that the President,any Vice-tresident,aniVdffifitaiMice-President,any Secretary.oranyAsSistantiSecretary shall be and is_Inpn;ste'tWoljr-fuLL.
power and authority to appoint any one or rititmsaitWe ffisoiniey(s)-in-Fact to repreient.and act for and dn.hehalf of the
provtsionsCompargmEttl.talilli:ikrigE':.-...
. r. —— ,--,-
:;:,. i "r: . ..•;'' !'...I...:.' ' .'
Adormy-in-Fact may be given full powerarTir.Mi forWin-the name of and on behalf Of theCOmpany,to execute,acknowledge and drfEWIt-try‘nd alftiOndi,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Serretniy.
_ - f- ta—Ra—c*-41-Ahasignature of any authorized Infficer and seal ofthe Company heretoforktIffitte tilitlikpower of attorney or any certificate relating
---'-------7"thei Wacsitniny power of attornekorycenificate bearing facsimile signature or itMe WA]M1 li-WaIRT binding upon the Company with respect to
which it is attached. .1 .'"H
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of December,2014.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY ..„.:
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EXHIBIT C
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CITY OF MOORPARK
DEPARTMENT OF PARKS,
RECREATION AND COMMUNITY
SERVICES
NOTICE TO BIDDERS, CONTRACT PROPOSAL AND SPECIFICATIONS
FOR THE CONSTRUCTION OF
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
Specification No. P&R 15-01
BIDS TO BE OPENED ON JANUARY 6, 2016
AT 3:00 P.M.
320
P&R 15-01
CITY OF MOORPARK
CONSTRUCTION DOCUMENTS
FOR
NAME: Retaining Wall Project at Arroyo Vista Community Park
LOCATION:
Arroyo Vista Community Park, 4550 Tierra Reiada Road
SPECIFICATION NO.: P&R 15-01
DATE: November 4, 2015
City Project Representative:
Jessica Sandifer
Senior Management Analyst
City of Moorpark
Jeremy Laurentowski
Parks and Recreation Director
City of Moorpark
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P&R 15-01
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
CITY OF MOORPARK
NOTICE TO BIDDERS, SUBCONTRACTORS, AND SUPPLIERS
If you discover any error or omission in the plans, specifications, or proposal, or have
any question concerning the bidding documents, please contact:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Jessica Sandifer
(805) 517-6225
jsandifer@moorparkca.gov
Questions regarding the bid should be submitted in writing via e-mail to the City's
project representative above. Please do not call other staff members or consultants.
There will be a mandatory are-bid conference and site walk held on December 18,
2015 at 10:00 a.m at Arroyo Vista Community Park. Potential bidders are required to
attend this meeting. Failure to attend the mandatory pre-bid meeting will result in a
bidder's proposal being rejected as non-responsive.
All bids must be sealed and submitted at or before 3:00 p.m. on January 6, 2016, to
the following:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
After the bid opening, bid results may be obtained by calling Patty Anderson at (805)
517-6227.
After Notice to Proceed is issued to the successful bidder, all contacts should be
through Jeremy Laurentowski, Parks and Recreation Director at (805) 517-6385 or
jlaurentowski@moorparkca.gov
NOTE: Please mark the outside of the envelope (and Express shipment envelope, if
applicable):
Arroyo Vista Park Retaining Wall
Sealed Bids— Do Not Open With Regular Mail
Bids to be opened at 3:00 p.m. on January 6, 2016
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P&R 15-01
TABLE OF CONTENTS
Notice Inviting Sealed Bids Page 5
Bid Terms and Conditions Page 8
Proposal Page 14
Documents for Execution by Successful Bidder Page 31
Agreement/ Bonds / Etc. Page 33
Standard Specifications Page 53
Special Provisions Page 67
700 Special Conditions Page 91
701 Special Construction Requirements Page 95
702 Construction Signing and Pedestrian Safety Page 101
703 Stormwater Pollution Control Page 103
704 Clearing and Grubbing Page 105
705 Demolition and Removal Page 107
706 Cast In Drilled Hole (CIDH) Piles Page 109
707 Cast in Place Concrete Page 111
708 Earthwork Page 116
709 Drainage Improvements Page 121
710 Install Tubular Iron Fence Page 125
List of Appendices Page 116
Appendix 1: Ventura County Air Pollution Control Board Rule 55, Fugitive
Dust
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P&R 15-01
CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
FACILITIES DIVISION
NOTICE INVITING SEALED BIDS
FOR
Retaining Wall Project at Arroyo Vista Community Park
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P&R 15-01
NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the Construction of a Retaining Wall
at Arroyo Vista Community Park, 4550 Tierra Reiada Road, Moorpark, CA 93021
will be received by the City Clerk, in City Hall, 799 Moorpark Avenue, Moorpark,
California, 93021, on or before 3:00 p.m. on January 6, 2016, at which time they will
be publicly opened and read. The official bid clock, which will establish the
official bid time, will be determined by the City Clerk's Division of the City of
Moorpark.
There will be a mandatory pre-bid conference and site walk held on December 18,
2015 at 10:00 a.m. at the project site. Potential bidders are required to attend this
meeting. Failure to attend the mandatory pre-bid meeting will result in a bidder's
proposal being rejected as non-responsive. Failure to show up and siqn-in will constitute
non-attendance of the site walk.
SCOPE OF WORK:
The proposed project generally consist of removal and disposal of an existing wooden
retaining wall, installation of cast in drilled hole piles and reinforced concrete retaining
wall, drainage piping, minor grading, tubular steel fence replacement, and related work
as required by the project plans and specifications. The proposal shall be submitted and
the work shall be performed by a Class "A" licensed contractor in strict conformance
with the specifications now on file in the City's Parks, Recreation, and Community
Services Department. Copies of plans and specifications may be obtained by:
E-mailing Patty Anderson, Administrative Assistant II at
panderson(a�moorparkca.gov, for an electronic copy of the plans and
specifications. Plans can also be e-mailed to bidders preferred printing company
or the City's preferred printing company. Bidder would be required to pay cost of
printing at selected company.
All prospective bidders shall abide by the provisions of the Bid Terms and Conditions
listed in the project's specifications.
The City reserves the right to retain all proposals for a period of 90 days after the bid
opening date for examination and comparison and to delete any portion of the work
from the Contract. The City reserves the right to determine and waive nonsubstantial
irregularities in any proposal, to reject any or all proposals, to reject one part of a
proposal and accept the other. The City reserves the right to delete any bid item to the
extent that the bid is qualified by specific limitation. The City further reserves the right to
make award to the lowest responsible bidder as the interest of the City may require.
This is a prevailing wage project. In accordance with the provisions of Division 2, Part
7, Chapter 1 of the California Labor Code (Section 1770 et al.), the California
Department of Industrial Relations has established the general prevailing rates of per
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P&R 15-01
•
diem wages for each craft, classification and type of work needed to execute contracts
for public works and improvements. The per diem wages published at the date the
contract is advertised for bids shall be applicable. Copies of the prevailing rate of per
diem wages are on file in the Parks, Recreation and Community Services Department
or on the Internet at www.dir.ca.gov/DIR/S&R/statistics _research.html, and such copies
will be made available to any interested party upon request. Future effective wage rates
which have been predetermined are on file with the Department of Industrial Relations,
are referenced but not printed in said publication. The new wage rates shall become
effective on the day following the expiration date and apply to this contract in the same
manner as if they had been included or referenced in this contract.
The wage rate for any classification not listed by the California Department of Industrial
Relations, but which may be required to execute the proposed contract, shall be in
accord with specified rates for similar or comparable classifications or for those
performing similar or comparable duties, within the agencies determinations.
The bid must be accompanied by certified check, cashier's check, or bidder's bond,
made payable to the City of Moorpark for an amount no less than ten percent (10%) of
the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly
obtain the required bonds and insurance and will prepare the required submittal
documents and execute the contract. The Bid Bonds for those bids that were not
selected will be returned to the Bidders upon award of the contract by the City Council.
Pursuant to California Civil Code Section 9550 et. seq., the successful bidder shall
furnish to the City at the time of execution of the contract a payment bond approved by
the City in an amount equal to one hundred percent (100%) of the contract price. The
successful bidder shall also furnish to the City at the time of execution of the contract a
faithful performance bond approved by the City in an amount equal to one hundred
percent (100%) of the contract price.
The Contractor may substitute securities for retention monies pursuant to Public
Contract Code, Section 22300.
The Plans, Contract documents and Specifications will be available for public inspection
at the following locations:
City of Moorpark F. W. Dodge
799 Moorpark Avenue 1333 S. Mayflower Avenue, # 300
Moorpark, CA 93021 Monrovia, CA 91016
Ventura County Contractor's Association Also on-line at:
1830 Lockwood Street www.ebidboard.com
Oxnard, CA 93036
Santa Maria Valley Contractor's Association
2003 N. Preisker Lane, Santa Maria, CA 93454
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P&R 15-01
Bids must be prepared on the approved Proposal forms in conformance with the
Instructions to Bidders and submitted in a sealed envelope plainly marked on the
outside:
Arroyo Vista Park Retaining Wall
Sealed Bids— Do Not Open With Regular Mail
Bidders shall guarantee the bid price for a period of 90 calendar days from the date of
bid opening.
All requests for a "Bid Package" and any questions regarding this notice can be directed
to the City's Project Representative: Jessica Sandifer, Senior Management Analyst at
Phone (805) 517-6225, Fax (805) 532-2550 or by e-mail jandifer@moorparkca.gov.
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P&R 15-01
CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
BID TERMS AND CONDITIONS
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
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P&R 15-01
BID TERMS AND CONDITIONS
Requirement to Meet All Bid Provisions - Each bidder shall meet all of the specifications
and bid terms and conditions. By virtue of the bid submission, the bidder acknowledges
agreement with and acceptance of all provisions of the specifications except as
expressly qualified in the proposal. Nonsubstantial deviations may be considered
provided that the bidder submits a full description and explanation of and justification for
the proposed deviations. Whether any proposed deviation is nonsubstantial will be
determined by the City in its sole discretion.
License - In accordance with the provisions of California Public Contract Code Section
3300, the City has determined that the Contractor shall possess a valid applicable Class
"A" Contractor's License at the time the bid is submitted. Failure to possess the
specified license shall render the bid as non-responsive and shall act as a bar to award
the Contract to any bidder not possessing said license at the time of bid submittal.
Contractor must be registered with the California Department of Industrial
Relations (DIR) pursuant to SB 854. Proof of registration must be provided or the
Contractor's bid will not be accepted.
Communications Regarding Bid - If a prospective bidder is in doubt as to the true
meaning or intent of any part of the Contract Documents, or discovers discrepancies or
omissions, the bidder may submit to the City a written request for an interpretation or a
correction thereof. Interpretations or corrections of the Contract Documents shall be
made only by addendum duly issued by the City . A copy of such addendum will be
mailed or delivered to each potential bidder receiving a set of the Contract Documents.
Such addendum shall be considered a part of and incorporated in the Contract
Documents.
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 verbal communication shall not be binding on the City.
E-mail communication is the preferred form of communication with City staff.
Bidder's Bond Requirement - Bidders shall provide a properly executed Bidder's Bond
(on the form provided herein), cashier's check or other bidder's security payable to the
City of Moorpark to accompany the Proposal in the amount of ten percent (10%) of the
total bid. The proceeds thereof will become the property of the City if the bidder fails to
or refuses to execute the contract within ten (10) calendar days after the City has
notified the bidder of intent to award the bid or within ten (10) calendar days after notice
of the award has been sent by mail to the bidder, whichever occurs first. Additionally,
the proceeds of the bidder's bond will become the property of the City if the bidder fails
to or refuses to furnish satisfactory bonds or evidence of insurance required in the
contract construction documents within ten (10) days after the bid has been awarded.
The bond shall be sufficient and duly executed by a surety admitted to do business in
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P&R 15-01
the State of California. All bid bonds or substitutes therefore will be returned upon
timely execution of the Contract and the filing of satisfactory insurance certifications and
bonds by successful bidder.
Bid Submission - Each bid must be submitted on the form(s) provided in the Proposal.
The Proposal shall be enclosed in an envelope which shall be sealed and addressed to
the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. In
order to guard against premature opening, the Proposal shall be clearly labeled with the
bid title, name of bidder, and date and time of bid opening. If proposal is delivered to
the City via Express Delivery, or other priority mail service, the above information
must also be included on the outside shipment envelope.
Submission of One Bid Only - No individual, or business entity of any kind shall be
allowed to make or file or to be interested in more than one bid, except an alternative
bid when specifically requested. However, an individual who has quoted prices on
materials to a bidder submitting a Proposal is not thereby disqualified from quoting
prices to other bidders submitting proposals.
Bid Withdrawal - A bidder may withdraw its Proposal without prejudice prior to the time
specified for the bid opening by submitting a written request to the City for its
withdrawal. If this occurs, the Proposal will be returned to the bidder unopened. No
proposal received after the time specified or at any place other than the place stated in
the Notice Inviting Bids will be considered. All bids will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the
bids.
Bid Quotes and Unit Price Extensions - The extensions 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 Bid Submission Form(s). The Bid Submission 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 total will be corrected to conform to the specified unit price.
Bid Retention and Award - The City reserves the right to retain all proposals for a period
of 90 days after the bid opening date for examination and comparison. The City also
reserves the right to determine and waive nonsubstantial irregularities in any proposal,
to reject any or all proposals, to reject one part of a proposal and accept the other,
except to the extent that the proposals are qualified by specific limitations, and to make
award to the lowest responsible bidder as the interest of the City may require.
Labor Actions - In the event that the successful bidder is experiencing a labor action at
the time of the award of the bid (or if its suppliers or subcontractors are experiencing
such a labor action), the City reserves the right to declare said bidder is no longer the
lowest responsible bidder and may accept the next acceptable low bid from a bidder
that is not experiencing a labor action and declare it to be the lowest responsible bidder.
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P&R 15-01
Contract Requirement - The bidder to whom award is made, or notice of intent is given,
shall execute a written contract with the City within ten (10) calendar days after notice of
the award has been sent by mail to the address given in the Proposal or within ten (10)
calendar days after receipt by bidder of oral communication of the intent to award,
whichever occurs first.
The Contract shall be made in the form adopted by the City and incorporated in these
specifications. The bidder warrants that bidder possesses, or has arranged through
subcontracts, all capital and other equipment, labor and materials to carry out and
complete the work hereunder in compliance with all Federal, State, County, City and
Special District Laws, Ordinances, and Regulations which are applicable; and further,
bidder shall comply with all Federal, State, County, City and Special District Laws,
Ordinances, and Regulations which are applicable.
Failure to Accept Contract - If upon notification of intent to award the bid by the City, the
bidder fails to enter into the Contract within 10 days of receipt of notification to sign, the
pending award will be cancelled. Any bid security will be forfeited in accordance with
these Bid Terms and Conditions if a bidder's bond or security is required. An award
may be made to the next lowest responsible bidder who shall fulfill every term and
condition of the bid.
Business Registration - The City's Business Registration Ordinance requires that a
Business Registration Receipt be obtained before any business, trade, profession,
enterprise, establishment, occupation, or calling is conducted within the City.
Additional information regarding the City's Business Registration program may be
obtained by calling (805) 517-6243.
Faithful Performance Bond Requirement - The bidder to whom the Contract is awarded
(Contractor) shall execute the Contract and furnish a surety bond, on the form contained
herein, in the amount of 100% of the Contract bid price guaranteeing the faithful
performance of the Contract. The bond shall remain in force for a period of one year
after the date of recordation of Notice of Completion by City. The bond shall be
sufficient and duly executed by a surety admitted to do business in the State of
California.
Material Suppliers and Laborer Bond Requirement - The Contractor shall furnish a
surety bond, on the form contained herein, by an admitted surety in the amount of 100%
of the Contract bid price to secure the payment of claims for materials and labor
provided by others in performing the work. The bond shall be sufficient and duly
executed by a surety admitted to do business in the State of California.
Antitrust Claims - In accordance with Section 4552 of the Government Code, in
submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid
is accepted, it will assign to the purchasing body all rights, title, and interest in and to all
causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of
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P&R 15-01
Division 7 of the Business and Professions Code], arising from purchases of goods,
materials or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body
tenders final payment to the bidder. This assignment shall be made and become
effective at the time the awarding body tenders final payment to the bidder without
further acknowledgment by the parties.
Prevailing Wages and Minority Group Skill Upgrade and Employment - Bidders are
hereby notified that pursuant to the provisions of the California Labor Code the
California Department of Industrial Relations has ascertained the general prevailing rate
of per diem wages and the general prevailing rate for legal holiday and overtime work in
the locality in which this work is to be performed for each craft, classification or type of
worker needed to execute the Contract.
Public Records Act -All information contained in the Proposal is public information once
opened unless it is bona fide trade secret information and is labeled as such. Any
California Public Records Act request for information labeled as a trade secret shall be
forwarded to the bidder for legal defense. Failure on the part of the bidder to promptly
defend against any such request or action shall be deemed an unqualified waiver of the
confidentiality of all trade secret information in the Proposal.
Accuracy of Specifications - The specifications and the plans for this project are
believed by the City to be accurate and to contain no mis-representation nor any
concealment of any material fact. Bidders are cautioned to undertake an independent
analysis of any test results in the specifications, as City does not guarantee the
accuracy of its interpretation of test results contained in the bid package. In preparing
its proposal, bidder and all subcontractors named in bidder's proposal shall bear sole
responsibility for bid preparation errors resulting from any misstatements or omissions in
the plans and specifications which could 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 bid submission. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the bidder and/or waiver of any defect by 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 bidder's 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 bid specifications or plans defects or
ambiguities prior to bid submission shall waive any right to assert said defects or
ambiguities subsequent to submission of the bid.
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 therefore in the bid.
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P&R 15-01
In the event that, after awarding the bid, any dispute arises as a result of any actual or
alleged ambiguity or defect in the plans and/or specifications, or over any other matter
whatsoever, Contractor shall immediately notify City in writing and 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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P&R 15-01
CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
PROPOSAL
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
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P&R 15-01
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PROPOSAL
FOR
Retaining Wall Project at Arroyo Vista Community Park
Specification No. P&R 15-01
Bids to be received on January 6, 2016 at 3:00 p.m.
Completion Time: 90 Consecutive Working Days after Receipt of Notice to Proceed
Liquidated Damages $500 per Calendar Day
CONTRACTOR
Name
Street Address
City State Zip Code
Telephone Number
Fax Number
Email
The bid shall be balanced so that each bid item is priced to carry its share of the cost of
the work and also its share of the contractor's overhead and profit. The City reserves
the right to delete any bid item to the extent that the bid is qualified by specific limitation.
An unbalanced bid shall be considered as grounds for rejecting the entire bid.
r
ISUBMIT PAGES 19 THROUGH 31 FULLY EXECUTED WITH THIS PROPOSAL
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P&R 15-01
LIST OF DOCUMENTS
TO BE SUBMITTED WITH PROPOSAL
FOR
Retaining Wall Project at Arroyo Vista Community Park
Instructions for Signing Proposal, Bonds, and Contract Page 17
Contractor's Proposal Statement Page 18
Proposed Schedule of Work and Prices Page 19
Bidder's Bond to Accompany Proposal Page 21
Statement of Bidder's Qualifications and References Page 22
Statement of Bidder's Past Contract Disqualifications Page 26
Questionnaire Regarding Subcontractors Page 27
Bidder's Statement of Subcontractors and Material Fabricators Page 28
Non-collusion Declaration Page 29
California Labor Law Requirements Page 30
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P&R 15-01
INSTRUCTIONS FOR SIGNING PROPOSAL. BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant
Secretary.
c) Affix corporate seal and notary's acknowledgment.
d) Others may sign for the corporation if the City has been furnished a
certified copy of a resolution of the corporate board of directors authorizing
them to do so.
Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy
of authorization.
b) Affix notary's acknowledgment.
Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of
authorization.
c) Affix notary's acknowledgment.
Individuals
a) Signature: The individual.
b) Affix notary's acknowledgment.
c) Another may sign for the individual if the City has been furnished a
notarized power-of-attorney authorizing the other person to sign.
Fictitious Names
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
Bonds
a) In addition to all pertinent requirements above, give signature of Attorney-in-
fact and apply surety's seal and provide address and telephone number of
said surety.
PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
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P&R 15-01
CONTRACTOR'S PROPOSAL STATEMENT
City of Moorpark
Moorpark, California 93021
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has
carefully examined the location of the proposed work, that he/she has examined the Plans and
Specifications and read the accompanying instructions to bidders, and hereby proposes to
furnish all materials and to do all the work required to complete such work in accordance with
such Plans and Specifications for the prices set forth in this Proposal.
The undersigned has carefully checked all the figures in this Proposal and understands
that City will not be responsible for any error or omission on the part of the undersigned in
preparing this bid nor will City release the undersigned on account of such error or omission.
The undersigned swears or affirms under penalty of perjury that the information
regarding the Contractor's License is true and correct.
The undersigned further agrees that in case of default in executing the required Contract
within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds,
within ten (10) calendar days after the contract has been fully executed, the proceeds of check
or bond accompanying the bid shall become the property of the City of Moorpark.
Licensed in accordance with an act providing for the registration of Contractor's License
No. Class , Expiration Date
Names of Co-Partners or Corporate Officers and Titles:
Signature of Bidder
Title
Signature of Bidder
Title
Date of Submittal , 2015
Name of Contractor or Firm
Telephone No. ( )
Address
Doing Business as Individual/Partnership/Corporation State of Incorporation
Federal Tax Identification Number:
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
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PROPOSED SCHEDULE OF WORK AND PRICES
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
Paymen
Item t Unit
No. Ref. Description Qty Unit Price Total
1 703-2 Stormwater Pollution Control 1 LS
Plan
2 704-5 Clearing and Grubbing 1 LS
3 705-3 Demolition and Removal 1 LS
4 706 5 Cast In Drilled Hole (CIDH) 19 EA
Piles
5 707-5 Cast in Place Concrete 80 CY
6 708-5 Earthwork 1 LS
7 709-5 Drainage Improvements 1 LS
8 710-3 I Install Tubular Steel Fence 168 LF
Total Amount of Bid: $
Contractor's Name
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PROPOSED SCHEDULE OF WORK AND PRICES
Retaining Wall Project at Arroyo Vista Community Park
*ADDITIONS/DEDUCTIONS
TOTAL AMOUNT BID $
Bid Item No. New Total
Addition for: +
Addition for: +
Addition for: , +
Deduction for: -
Deduction for: -
Deduction for: -
Adjusted Total Bid Amount: $
Adjusted Total Bid Amount in Words:
* Provisions are made for the bidder to include additions or deductions in price for
bid item(s) to reflect last-minute adjustments in bidder's total bid amount. The bid
item for which the addition or deduction in price is made shall be listed by the
bidder as indicated above. The unit price for that item (if applicable) shall be
adjusted by dividing the bid quantity into the new total amount as determined
after adding or subtracting the amount listed by the contractor for such item.
The following addenda are acknowledged: Number Date
(Bidder must fill in number and date of
each addendum or may enter the word
"None" if appropriate.)
I make this Proposal and certify under penalty of perjury that all the statements in this
proposal that I have signed are true and correct.
Contractor's Name Contractor's Name
Signature Date Signature Date
Title Title
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and
, as Surety, acknowledge ourselves jointly and
severally bound to the City of Moorpark, the obligee, for ten (10) percent of the total bid,
to be paid to the City if the Proposal shall be accepted and the Principal shall fail to to
execute the Contract tendered by the City within the applicable time specified in the Bid
Terms and Conditions, or fails to furnish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this day of , 2015.
Contractor
By
Title
By
Title
Surety
By
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of
similar work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's
License Class A at the time the bid is submitted to the City, and Bidder must have
satisfactorily completed at least four municipal projects in the last five years of
comparable size and scope of this project.
Number of years engaged in business under the present business name:
Attach additional pages if required to show the necessary experience. The City
reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Project 1 Name/ Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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Project 2 Name/ Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: _ Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 3 Name/ Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
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Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 4 Name/Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
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STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF
I am the
Of
the bidder herein. I have read the foregoing statement and know the contents thereof;
and I certify that the same is true to my knowledge, except as to those matters which
are therein stated upon my information or belief, and as to those matters I believe it to
be true.
Executed on at , California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Title
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STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS
The bidder shall state whether such bidder, any officer or employee of such bidder who
has a proprietary interest in such bidder has 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; and if so,
explain the circumstances.
1. Do you have any disqualification, removal, etc., as described in the above
paragraph to declare?
Yes No
2. If Yes, explain the circumstances.
Executed on at , California.
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature(s) of Authorized Bidder Signature(s) of Authorized Bidder
Title Title
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QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the proposal.
1. Were bid depository or registry services used in obtaining subcontractor bid
figures in order to compute your bid? Yes( ) No ( )
2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid
depository you used with this questionnaire.
3. Did you have any source of subcontractors' bids other than bid depositories?
Yes ( ) No ( )
4. Has any person or group threatened you with subcontractor boycotts, union
boycotts or other sanctions to attempt to convince you to use the services or
abide by the rules of one or more bid depositories? Yes ( ) No ( )
5. If the answer to No. 4 is "yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
(e) Additional comments: (Use additional paper if
necessary)
(f)
We declare under penalty of perjury that the foregoing is true and correct.
Dated this day of , 2015.
Name of Company
By -
Title
By
Title
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BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amount. (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure to do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
•
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
•
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
•
Type of Work: Percent Work to
be done:
(attach more sheets if necessary)
Total Percentage 2
Signature(s) of Bidder Date
'Based on contract price
2 May not exceed 50%of contract price. See Greenbook Section 2-3.2
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NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the of , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements
contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
[date], at [city],
[state].
Name of Bidder
Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding Owner("Owner") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars($50)for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
Director of Industrial Relations for the work or craft in which the worker is employed for any public work
done under the contract by Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location
of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its
subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the Contractor and any subcontractor under him
shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by
any subcontractor for each calendar day during which such worker is required or permitted to work more
than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions
of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract°
Signature Date
Printed Name
Company
Title
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CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
Documents for Execution by Successful Bidder
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
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LIST OF DOCUMENTS FOR
EXECUTION BY SUCCESSFUL BIDDER
Agreement Page 33
Bond for Faithful Performance Page 48
Bond for Material Suppliers and Laborers Page 50
Worker's Compensation Insurance Certificate Page 52
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
, FOR CONSTRUCTION OF RETAINING WALL AT
ARROYO VISTA COMMUNITY PARK
THIS AGREEMENT, is made and effective as of this _ day of
, 2015, between the City of Moorpark, a municipal corporation
("City") and , a ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for construction services related to construction of a
retaining wall at Arroyo Vista Community Park; and
WHEREAS, Contractor specializes in providing such services and has the proper work
experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the day of
, 2015, authorized the City Manager to enter into this
Agreement after public bidding in accordance with California Public Contract Code
Section 20160, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of the work
identified in the Scope of Services and in conformance with Exhibit B, unless this
Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to construction of the retaining wall at Arroyo Vista Community Park, as
set forth in Exhibit : Contractor's Bid Proposal, dated , which
exhibit is attached hereto and incorporated herein by this reference as though set forth
in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit
which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers'
Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and
Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile
Liability, attached hereto and incorporated herein by this reference as though set forth in
full and hereinafter referred to as Exhibit . Where said Scope of Services is
modified by this Agreement, or in the event there is a conflict between the provisions of
said Scope of Services and this Agreement, the language contained in this Agreement
shall take precedence.
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Contractor shall perform the tasks described and set forth in Exhibit and
Exhibit . Contractor shall complete the tasks according to the schedule of
performance which is also set forth in Exhibit
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit . Compensation shall not exceed the rates or total value of
dollars ($ ) as stated in Exhibit , without a written
amendment to the agreement executed by both parties. Payment by City to Contractor
shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply, and that a public work project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations (DIR). Contractor
agrees to comply with and be bound by all the terms, rules and regulations described in
(a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code, including without limitation Labor Code Section 1771 and (b) the rules and
regulations established by the DIR implementing such statutes, as though set forth in
full herein, including any applicable amendments made thereto during the term of this
Agreement. For every subcontractor who will perform work on this project, Contractor
shall be responsible for subcontractor's compliance with (a) and (b), and Contractor
shall take all necessary actions to ensure subcontractor's compliance. Labor Code
Section 1725.5 requires all contractors and subcontractors to annually register with the
DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be , and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit , attached hereto and incorporated
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herein by this reference as though set forth in full, based upon actual time spent on the
above tasks. This amount shall not exceed dollars ($ ) for the total
term of the Agreement unless additional payment is approved as provided in this
Agreement.
Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties. The City Manager, if authorized by City Council, may approve additional work
not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall 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. 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 any disputed fees set forth on the invoice. Contractor shall provide
appropriate documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
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 ten (10)
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.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
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Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five
hundred dollars ($500.00) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made
by the City after the above specified completion date shall not constitute a waiver of
liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
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 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 at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
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 to be performed
pursuant to 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.
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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, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
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
counsels' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with 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 City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels 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.
Contractor obligations under this section apply regardless of whether or not 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 City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless 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 City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
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others as required here, Contractor agrees to be fully responsible according to the
terms of this Section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A, attached hereto and incorporated herein.
by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
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 against City, or bind City in any manner.
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 services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
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13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. 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.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is 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 will
receive compensation, directly or indirectly from Contractor, or 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.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in
any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest as an officer, employee, agent, or subcontractor. Contractor
further covenants that Contractor has not contracted with nor is performing any services
directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
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partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18.NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: CONTRACTOR
COMPANY
ADDRESS
CITY STATE ZIP CODE
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have
the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
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21. LICENSES
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 in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. 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.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits
of this Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles, Paragraphs, Sections, and
Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractors failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
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performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
attached hereto and incorporated herein by this reference as though set forth in full. In
the event of conflict, the requirements of the City's Bid Package and this Agreement
shall take precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver shall be
binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONTRACTOR
By: By:
Steven Kueny, City Manager SIGNOR, TITLE
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services
Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits shall be no less than
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy form
providing statutory benefits as required by law with employers' liability limits no less
than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $_,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A- or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
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3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
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involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
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this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
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BOND FOR FAITHFUL PERFORMANCE
BOND NO.
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as
"Contractor" as principal, and hereinafter
referred to as "Surety," are held and firmly bound unto the City of Moorpark, California,
hereinafter referred to as "City", or "Obligee" in the sum of
dollars ($ ), lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind
ourselves, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into the annexed
Contract with the City of Moorpark, California, for Retaining Wall Project at Arroyo Vista
Community Park, and is required by said City to give this bond in connection with the
execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform all the
covenants and obligations of said Contract to be done and performed at the time and in
the manner specified herein, then this obligation shall be null and void upon written
approval of the City and upon expiration of one year after date of recordation of Notice
of Completion by City of the completed work; otherwise it shall be and remain in full
force and effect, and Surety shall cause the Contract to be fully performed or to pay to
obligee the cost of performing said Contract in an amount not exceeding the said sum
above specified, and shall also, in case suit is brought upon this bond, pay to obligee
court costs and a reasonable attorney's fee, to be fixed by the court.
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BOND FOR FAITHFUL PERFORMANCE (cont'd)
IT IS FUTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
there under, nor shall any extension of time granted under the provisions of the Contract
release either the Contractor of the Surety; and notice of such alterations or extensions
of the Contract is hereby waived by the Surety.
WITNESS our hands this day of , 2015.
Contractor
By
Title
By
Title
Surety
By
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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BOND FOR MATERIAL SUPPLIERS AND LABORERS
BOND NO.
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as
"Contractor" as principal, and hereinafter referred to as
"Surety," are held and firmly bound unto the City of Moorpark, California, hereinafter
referred to as "City", or"Obligee" in the sum of dollars ($ ),
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that
WHEREAS, said Contractor has been awarded and is about to enter into
the annexed Contract with the City, for Retaining Wall Project at Arroyo Vista
Community Park, and is required by City to give this bond in connection with the
execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors, fails to pay for any materials, provisions, or its other supplies, or items,
used in, upon, for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, said Surety will pay for the same in
an amount not exceeding the sum specified above, and also, in case suit is brought
upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in
Section 9100 of the Civil Code of the State of California.
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BOND FOR MATERIAL SUPPLIERS AND LABORERS
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished, which may be made pursuant to the terms of said Contract
shall not in any way release either the Contractor or the Surety there under, nor shall
any extensions of time granted under the provisions of said Contract release either the
Contractor or the Surety; and notice of such alterations or extensions of the Contract is
hereby waived by the Surety.
WITNESS our hands this day of , 2014.
Contractor
By
Title
By
Title
Surety
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
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WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public
works contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
By
Title: Date:
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CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
STANDARD SPECIFICATIONS
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
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CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
STANDARD SPECIFICATIONS
0-1 STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the latest edition of the Standard
Specifications for Public Works Construction (SSPWC), and all supplements thereto,
prepared and promulgated by the Greenbook Committee of Public Works Standards
Inc., formerly the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of America, and the following modifications
thereto are established as the Standard Specifications for the City. They will be referred
to in the Special Provisions as the "Standard Specifications."
SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS
1-2 DEFINITIONS
1-2.1 Additional Definitions
Acceptance—The formal written acceptance by the City of the completed project.
Addendum — The modification of the plans and/or specifications issued to all
prospective bidders during the period when necessary to change, correct, clarify
or further define any phase of the work.
Agency/City— City of Moorpark.
Approved Equal — or words of the like import refer to a material which has been
approved by the City as similar and equal in all respects and acceptable for use
in lieu of the particular materials as specified herein. No "approved equal"
material shall be used in any of the work unless approval is first obtained in
writing from the City. The City reserves the right to reject any and all materials,
either before or after installation that are not as specified or approved by the City
in writing. In all cases where proprietary articles are specified, it is the intent of
these specifications to permit the use of approved equals, unless specifically
prohibited. Requests for "approved equal" status for proposed substitutions shall
be submitted within fifteen (15) days after the award of the Contract. Such
requests shall include substantiating data and the proposed credit to the Contract
price for the use of such substitution, should it be approved.
Approved, Required, Directed — or similar words, refer to and indicate that the
work or materials shall be "approved", "required" or "directed" by the City of
Moorpark or its duly authorized representative.
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Bid — That document included in the Proposal setting forth the performance
prices for the work.
City Council —The body constituting the awarding authority of the City.
Department — Parks, Recreation and Community Services Department, City of
Moorpark.
Due Notice —A written notification, given in due time, of a proposed action where
such notification is required by the Contract to be given a specified interval of
time (usually 48-hours or two working days) prior to the commencement of the
contemplated action. Notifications may be from City to Contractor or from
Contractor to City.
Laboratory - Any laboratory of a public agency or any recognized commercial
testing laboratory approved by the City.
Prompt — The briefest interval of time required for a considered reply, including
the time required for approval by a governing body.
Proposal — Includes all those documents which must be submitted by bidder in
order to be awarded the Contract.
ABBREVIATIONS
1-3.3.1 Institutions
AAN American Association of Nurserymen
ACI American Concrete Institute
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APCD Air Pollution Control District
APWA American Public Works Association
ASA American Standards Association
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
CAL-OSHA California Occupational Safety & Health
Administration
CITY City of Moorpark
CRSI Concrete Reinforcing Steel Institute
DISTRICT Ventura County Waterworks District No. 1
IEEE Institute of Electric and Electronic Engineer
NEC National Electrical Code
NFPA National Fire Protection Association
SSPWC Standard Specifications for Public Works
Construction, latest edition, prepared by the
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Greenbook Committee of Public Works Standards,
Inc., formerly the Southern California Chapters of
ACG and APWA
SSS State of California, Department of Transportation,
Standard Specifications, latest edition
VCFCD Ventura County Flood Control District
VCTC Ventura County Transportation Commission
VCWPD Ventura County Watershed Protection District
SECTION 2 — SCOPE AND CONTROL OF THE WORK
2-2 CONTRACT ASSIGNMENT
The bidder shall not in whole or in part, 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.
2-5.1.1 Accuracy of Specifications
The specifications and the plans for this project are believed by the City to be
accurate and to contain neither misrepresentation nor any concealment of any
material fact. Bidders are cautioned to undertake an independent analysis of any
materials, test data and results, if any, in the specifications. City does not
guarantee the accuracy of any interpretations of test data and results contained
in the specifications. Bidder and all subcontractors named in the Proposal shall
bear sole responsibility for bid errors resulting from misstatements or omissions
in the plans and specifications which would have been ascertained by examining
either the project site or the test data and results, if any, 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 given rise to a duty
of the bidder to inquire prior to bid submission. Failure to so inquire shall cause
any such ambiguity to be construed against the bidder and/or a waiver of any
defect by 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, 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 defects or ambiguities in bid
specifications or plans, prior to bid submission, shall waive any right to assert
said defects or ambiguities subsequent to submission of the bid.
To the extent that these specifications continue 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 therefore in the bid.
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In the event that any dispute arises after awarding the bid as a result of any
actual or alleged ambiguity or defect in the plans and/or specifications, or over
any other matter whatsoever, Contractor shall immediately notify City in writing.
Contractor and all subcontractors shall continue to perform whether or not the
ambiguity or defect is major, material, minor and trivial and whether or not a
change order, time extension, or additional compensation has been granted by
the City. Failure to provide such written notice within one working day of
Contractor 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.
2-5.4 Bidders Required to Make Investigations
Bidders are required to make their own investigations and their own estimates of the
site. It is not intended nor to be inferred that the specifications are or constitute any
representation of warranty, express or implied, by the City of Moorpark or any officer
or employee, thereof, that any conditions which may seem to be indicated by the
specifications actually exist or are to be relied upon either with reference to site or
subsoil conditions, the presence or absence of groundwater, or otherwise. The
bidder to whom this Contract is awarded covenants and agrees by execution of
Contract that the specifications do not constitute any warranty or representation,
express or implied, respecting actual conditions which will be encountered by the
Contractor in performance of the Contract and that the Contractor cannot and does
not rely thereon and shall not be relieved of liability under the Contract. Neither the
City nor any officer or employee thereof shall be liable to the Contractor as a result
of any difference or variance between conditions suggested or seemingly indicated
by the specifications of the work or otherwise. It is the overriding purpose and intent
of the parties that the Contractor assumes all risks in connection with performance of
the work in accordance with the contract documents regardless of any such
difference or variance. The Contractor forever and irrevocably waives, relinquishes
and releases any claims, rights, demands, damages, actions and causes of action in
connection therewith against the City of Moorpark and its officers and employees.
2-5.5 Additional Investigations Required
Prior to bid submittal, the Contractor must perform an independent site investigation
and by the bid represents that the Contractor has accomplished and is satisfied as to
the result of the investigation required under these Bid Terms and Conditions. In
addition thereto, the Contractor has investigated all other general and local
conditions pertaining to the work to be performed, the site of the work and adjacent
and nearby areas, including, but not limited to, those relating to transportation, the
disposal, handling and storage of materials, availability of labor, water, electrical
power, road and uncertainties of weather, all other physical conditions at and near
the site of the work to be performed by the Contractor, including the conformation
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and conditions of the ground, and the character of equipment and facilities needed
prior to and during prosecution of the work. The bidder to whom this Contract is
awarded covenants and agrees by execution of the Contract that the Contractor
neither has nor shall have any claim, demand, action or cause of action against the
City of Moorpark, or any officer or employee thereof, on account of or in respect to
any such conditions, whether or not the same are ascertained or known by the
Contractor. It is the sole responsibility of the Contractor to estimate properly the
difficulties to be encountered in providing necessary labor, quantities of material, and
the cost of successfully performing the Contractors work in conformity with the
contract documents. Neither the City of Moorpark nor any officer or employee
thereof shall be responsible to the Contractor, nor shall any claim, demand, action or
cause or action exist or arise in favor of the Contractor, on account of any oral
statement or alleged representation made by the City of Moorpark, or any officer or
employee thereof, in respect to any of the foregoing matters.
SECTION 5 - UTILITIES
5-7 SCOPE OF WORK
Work shall conform to the provisions in Section 5 of the SSPWC. Manhole covers,
water valve covers and grates of existing facilities will be adjusted to grade by the
respective utility companies if such facilities are not included in the Contract. The
Contractor shall cover grates with material suitable for preventing any paving material
from passing through the grate. The Contractor shall mark the location of all existing
covers by inscribing a cross in the new pavement or overlay. The cross mark shall be
clear and legible after final rolling.
The Contractor shall remove extraneous material from the interior and exterior of
manholes, valve boxes, storm drains, gutters or other facilities. Covers which are
partially exposed shall be cleaned to the satisfaction of the City.
The Contractor shall contact the respective utility companies and other agencies listed
below 48 hours prior to starting any work which those companies are affected, if
applicable.
To make sure that all utility companies are aware of the proposed work, the Contractor
shall notify the Underground Service Alert Office (South USA) by calling
1-800-422-4133 at least two working days prior to the start of any resurfacing work.
If the Contractor, while performing work pursuant to the Contract, discovers utility
facilities not identified correctly or omitted in the Plans or Specifications by the City, the
Contractor shall immediately notify the City and utility owner in writing.
Payment for costs incurred in protecting utility vaults, manholes, valve boxes, including
the requirements pursuant to this section, shall be included in the prices bid for other
items of work and no additional compensation will be allowed therefore.
UTILITY/AGENCIES TELEPHONE CONTACT LIST
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CITY ENGINEER TIME WARNER
(805) 517-6255 (888) 892-2253
TRAFFIC ENGINEER AT&T
(805) 517-6285 (800) 310-2355
CITY POLICE DEPARTMENT UNDERGROUND SERVICE ALERT
(805) 532-2700 1-800-422-4133
CALIFORNIA HIGHWAY PATROL UNION PACIFIC RAILROAD CO.
(805) 553-0800 (800) 336-9193
MOORPARK TRANSIT DIVISION MOORPARK UNIFIED SCHOOL DIST.
(805) 517-6257 (805) 378-6300
VENTURA COUNTY WATERWORKS VENTURA COUNTY FIRE PROTECTION
DISTRICT NO. 1 DISTRICT
(805) 378-3000 (805) 389-9710
CALLEGUAS MUNICIPAL WATER U.S. POST OFFICE
DISTRICT (805) 529-3596
(805) 526-9323
WASTE MGMT/GI RUBBISH
SO. CALIFORNIA EDISON COMPANY (805) 522-9400
(800) 655-4555
ANDERSON RUBBISH
THE GAS COMPANY (805) 526-1919
(800)427-2200
CALTRANS
MED TRANS AMBULANCE (805)653-2584
(805)495-4668
SUNESYS
California Sales /Operations
(951)278-0400
SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-3.3 Temporary Suspension of Work
If suspension of work is ordered by reason of the failure of the Contractor to carry
out orders or to perform any provisions of the Contract, or by reason of weather
conditions being unsuitable for performing any items of work at Contractor's
expense, shall do all the work necessary to provide a safe, smooth, and
unobstructed passageway through construction for use by public during the period
of such suspension. In the event that the Contractor fails to perform the work
above specified, the City will perform such work and the cost thereof will be
deducted from monies due or to become due the Contractor.
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If the City orders a suspension of all of the work or a portion of the work, due to
unsuitable weather or to such other conditions as are considered unfavorable to
the suitable prosecution of the work, the days on which the suspension is in effect
shall not be considered working days.
If a portion of work at the time of such suspension is not a current controlling
operation or operations, but subsequently does become the current controlling
operation or operations, the determination of working days will be made on the
basis of the then current controlling operation or operations.
If a suspension of work is ordered by the City due to the failure on the part of the
Contractor to carry out orders given or to perform any provision of the Contract,
the days on which the suspension order is in effect shall be considered working
days if such days are working days.
6-6.1 Work Delays
If the Contractor is 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.
6-8.1 No Waiver of Legal Rights
The City shall not be precluded or be stopped by any measurement, estimate, or
certificate made either before or after the completion and acceptance of the Work
and payment therefore from showing the true amount and character of the work
performed and materials furnished by the Contractor, nor from showing that any
such measurement, estimate, or certificate is untrue or is incorrectly made, nor
that the work or materials do not in fact conform to the Contract.
The City shall not be precluded or stopped, notwithstanding any such
measurement, estimate, or certificate and payment in accordance therewith, from
recovering from the Contractor or Surety, or both, for such damage as it may
sustain by reason of the Contractor's failure to comply with the terms of the
Contract.
Neither the acceptance by the City or by the City's representative nor any payment
for or acceptance of the whole or any part of the Work, nor any extension of time,
nor any possession taken by the City shall operate as a waiver of any portion of
the Contract or of any power herein reserved or of any right to damages.
A waiver of any breach of the Contract shall not be held to be a continuing waiver
or a waiver of any other or subsequent breach.
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6-8.2 Non-Complying Work
Neither the final payment nor any provision in the Contract Documents, nor partial
or entire occupancy of the premises by the City, nor recordation of Notice of
Completion by City shall constitute an acceptance of work not done in accordance
with the Contract Documents or relieve the Contractor of liability in respect to any
express warranties or responsibility for faulty materials or workmanship.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2.2.1 Labor Laws
Labor Code Concerning Forfeiture for Worker Required to Work Excess Hours
As provided in Section 1810 of the Labor Code, eight (8) hours shall constitute
a legal day's work, and as required by Section 1813 of the Labor Code, the
Contractor shall, as a penalty, forfeit to the City twenty-five dollars ($25.00) for
each worker employed in the execution of the Contract by the Contractor or by
any subcontractor for each calendar day during which such worker is required
or permitted to work more than eight (8) hours in any one calendar day or 40
hours in any one calendar week.
Exception: Pursuant to Labor Code Section 1815, work performed by
employees of the Contractor and subcontractors in excess of eight (8) hours
per day or 40 hours during any one week shall be permitted upon
compensation for all hours worked in excess of eight (8) hours per day at not
less than 1 1/2 times the basic rate of pay.
Labor Code Concerning Forfeiture for Paying Less than Prevailing Wage Rate
In accordance with Section 1775 and subsequent amendments of the Labor
Code, the Contractor shall forfeit as a penalty to the City of Moorpark, not
more than $200.00 for each calendar day or portion thereof, for each worker
paid less than the stipulated prevailing rates for such work or craft in which
such worker is employed for any work done under the Contract by the
Contractor or by any subcontractor in violation of the provisions of said
resolution. In addition to said penalty and pursuant to the said Section 1775
and subsequent amendments, the difference between the stipulated prevailing
wage rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the stipulated
prevailing wage rate shall be paid to each worker by the Contractor. Any
sums forfeited under the provisions of this section will be deducted from the
payments under this Contract by the City of Moorpark.
Attention is directed to Section 1735 of the Labor Code, which reads as
follows:
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"A contractor shall not discriminate in the employment of persons
upon public works on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code. Every
contractor for public works who violates this section is subject to all
the penalties imposed for a violation of this chapter."
Attention is also directed to the requirements of the California Fair Employment
and Housing Act (Government Code Sections 12900 through 12996 - Stat.
1980, Chapter 992), to the regulations promulgated by the Fair Employment
and Housing Commission to implement said Act, and to the nondiscrimination,
affirmative action and equal employment opportunity requirements of these
Specifications.
The Contractor or subcontractor shall comply with the Copeland "Anti-Kick
Back" Act (18 U.S.C. 874) as supplemented in the Department of Labor
regulations (29 CFR, Part 3). This act provides that each contractor or
subcontractor shall not induce, by any means, any person employed in the
construction, completion, or repair of public works, to give up any part of the
compensation due that person. Any suspected or reported violation will be
reported to the appropriate Federal Agency for proper action.
Attention is directed to the provisions in Sections 1777.5, and 1777.6 of the
Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor.
The Contractor shall comply with the General Prevailing Wage determination
made by the Director of Industrial Relations, pursuant to California Labor
Code, Division 2, Part 7, Chapter 1, Article 2.
Section 1777.5 requires the Contractor and subcontractors employing
tradesmen in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which committee administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the hourly non-overtime ratio
of apprentices to journeymen that will be used in the performance of the
Contract; except for Land Surveyors in which case the ratio shall be not less
than one apprentice for each five journeyman. The hourly non-overtime ratio
of apprentices to journeymen in such cases shall not be less than one to five, if
practicable, except as noted in Section 1777.5.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade on the Contract and if
subcontractors on the public works site are making such contributions.
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Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations,
Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
7-5 PERMITS
7-5.1 City Encroachment Permit
A City Encroachment Permit is required to work within public right-of-way and will
be issued at no cost to the Contractor.
7-5.2 Other Encroachment Permits
When work occurs in the right-of-way of other entities, the Contractor shall obtain
and pay, as required, for an encroachment permit from that entity.
7-8 PROJECT SITE MAINTENANCE
7-8.2.1 Additional Air Pollution Control Requirement
The Contractor shall comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 7401 et. seq.) as
amended. The Contractor shall comply with Ventura County Air Pollution Control
District Rule 55, Fugitive Dust (see Appendix 6). Violations will be reported to the
appropriate authorities.
7-8.8 Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules,
regulations and ordinances which apply to any work performed pursuant to the
Contract.
Each internal combustion engine used for any purpose on the job or related to the
job shall be equipped with a muffler of a type recommended by the manufacturer.
No internal combustion engine shall be operated on the project without such
muffler.
Said noise level requirement shall apply to all equipment on the job or related to
the job, including but not limited to trucks, transit mixers or transient equipment
that may or may not be owned by the Contractor. The use of loud signals shall be
avoided in favor of light warnings except those required by safety laws for the
protection of personnel.
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Full compensation for conforming to the requirements of this section shall be
considered as included in the prices paid for the various contract items of work
involved and no additional compensation will be allowed therefore.
7-15 PAYROLL RECORDS
7-15.1 Payroll Documentation
The Contractor's attention is directed to the following provisions of Labor Code
Section 1776. The Contractor shall be responsible for compliance with these
provisions, including compliance by subcontractors.
(a) Each Contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, and
straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other
employee employed in connection with the public work.
(b) The payroll records required under subsection (a) shall be certified and shall
be available for inspection at all reasonable hours at the principal office of
the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available
for inspection or furnished to such employee or authorized representative
on request.
(2) A certified copy of all payroll records required in subsection (a) shall be
made available for inspection or furnished upon request to a
representative of the City, the Division of Labor Standards Enforcement
and the Division of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records required in subsection (a) or copies
thereof shall be made available upon request to the public for inspection.
However, a request by the public shall be made through either the City,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been
provided pursuant to paragraph (2), the requesting party shall, prior to
being provided the records, reimburse the Contractor, subcontractor, or
the entity through which the request was made the costs of preparation
of the requested documents. The public shall not be given access to
such records at the principal office of the Contractor.
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(c) The certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the sample information as the
forms provided by the Division.
(d) Each Contractor shall file a certified copy of the records required in
subsection (a) with the entity that requested such records within 10 days
after receipt of a written request.
(e) Any copy of records made available for inspection and furnished upon
request to the public or any public agency by the City, the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement
shall be marked or obliterated in such a manner as to prevent disclosure of
an individuals name, address and social security number. The name and
address of the Contractor awarded the Contract or performing the Contract
shall not be marked or obliterated.
(0 The Contractor shall inform the City of the location of the records required
under subsection (a), including the street address, city and county, and shall,
within five working days, provide the City a notice of a change of location and
address.
(g) In the event of noncompliance with the requirements of this section, the
Contractor shall have ten (10) calendar days in which to comply with this
section. Should noncompliance still exist after such 10-day period, the
Contractor shall, as a penalty to the state or political subdivision on whose
behalf the Contract is made or awarded, forfeit one hundred dollars ($100)
for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement,
these penalties shall be withheld from progress payments then due.
SECTION 9 - MEASUREMENT AND PAYMENT
9-4 FINAL PAYMENT
All measurements and payments shall be in accordance with the provisions of Section 9
of the SSPWC, "Measurement and Payment." The items of work for the project are
shown in the Proposal and consist of unit price and lump sum items for payment. It is
the intent of these specifications that the cost of all work shown or specified on the
plans, but not specifically included in a unit price or lump sum item, shall be considered
as being included in the amounts bid for the various items in the Proposal.
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CITY OF MOORPARK
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PARKS DIVISION
SPECIAL PROVISIONS
FOR
RETAINING WALL PROJECT AT ARROYO VISTA COMMUNITY PARK
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SECTION 700
SPECIAL CONDITIONS
(Not a Bid Item)
700-1 STANDARD SPECIFICATIONS
As indicated in Subsection 0-1, the Standard Specifications for Public Works
Construction (SSPWC), dated 2012, along with the modifications thereto have been
established as the Standard Specifications by the Engineering Division of the Public
Works Department. These specifications will prevail as the basic Standard
Specifications for this project except as otherwise specifically noted in the Special
Provisions when reference is made to the State Standard Specifications. The State
Standard Specifications is that document issued by the State of California, Department
of Transportation, titled Standard Specifications, 2010, referred to herein as the State
Standard Specifications, or the SSS.
When references have been made to the SSS, it is for the purpose of utilizing that
specifications' traffic and safety provisions as indicated elsewhere herein.
Where required by these Special Provisions, work shall conform to the requirements of
the SSS, except that when reference is made to other sections of the City's Standard
Specifications, all references to "State" shall mean the City. The SSS measurement
and payment clauses are not included.
Appendices A through F attached hereto are considered a part of these Special
Provisions.
700-2 INVESTIGATION OF SITE CONDITIONS
Bidders are urged to visit the work site to conduct their own investigations as to the
existing conditions affecting the Work to be accomplished under these specifications. If
the bidder chooses not to visit the site or conduct investigations, the bidder will
nevertheless be charged with the knowledge of conditions which reasonable inspection
and investigation would have disclosed.
700-3 AWARD OF CONTRACT
A construction contract will be awarded to the lowest responsive and responsible
bidder. However, the City reserves the right to award or not to award.
700-4 START OF CONSTRUCTION
The Notice to Proceed will be issued upon awarding a construction contract and receipt
of the necessary bonds and insurance certificates. The necessary bonds and insurance
certificates shall be submitted to the City within 10 days of the award of contract. Prior
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to issuing the Notice to Proceed, but subsequent to receiving the submittals of
Subsection 701-3, a pre-construction conference will be undertaken. The date of the
Notice to Proceed constitutes the start of construction, which date will be the first
chargeable working date of the contract.
700-5 TIME OF COMPLETION
The Contractor shall complete the work including punch list items (if applicable) within
45 working days from the date of the written Notice to Proceed. The issuance of the
Notice to Proceed constitutes the Contractor's authority to enter upon the work site and
begin operations. A no fee Encroachment Permit shall be obtained by the Contractor
from the City.
700-6 WORKING HOURS & WORKING DAYS
Except for work at signalized intersections, and as noted elsewhere in these Special
Provisions, construction working hours shall be limited to the hours between 7:00 a.m.
and 3:30 p.m. Monday through Friday, unless otherwise approved by the City Engineer
in writing.
Lane closures at signalized intersections and within 200 feet of a signalized intersection
shall be limited to the hours between 9:00 a.m. and 3:00 p.m., except as otherwise
indicated in Section 702, 'Traffic Control, Construction Signing and Traffic
Maintenance," of these Special Provisions.
Any overtime for construction survey, geotechnical/testing services, and inspection by
City staff, outside of the 7:00 a.m. to 3:30 p.m. hours Monday through Friday, and any
work on Saturdays, Sundays and Holidays, shall be paid for by the Contractor, and such
costs will be deducted from the progress payments to the Contractor. The City may, at
its discretion, provide geotechnical/testing and inspection services on Saturdays at no
cost to the Contractor. The Contractor shall provide at least forty-eight hour notification
for all overtime work requests.
The following days are recognized as holidays by the City:
1. January 1st (New Year's Day)
2. 3rd Monday in January (Martin Luther King, Jr. Day)
3. 3rd Monday in February (President's Day)
4. Last Friday in March (Cesar Chavez Day)
5. Last Monday in May (Memorial Day)
6. July 4th (Independence Day)
7. 1st Monday in September(Labor Day)
8. November 11th (Veteran's Day)
9. Last Thursday in November (Thanksgiving Day)
10. Last Friday in November(Day after Thanksgiving)
11. December 25th (Christmas Day)
When any of the above listed holidays falls on Sunday, the holiday shall be observed on
the following Monday. Whenever any holiday falls on a Saturday, the holiday shall be
observed on the preceding Friday.
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700-7 FAILED TESTS
All retesting of failed materials, field compaction tests, and standby charges for such
services will be accomplished at the Contractor's expense. The cost for all retesting
and standby charges will be deducted from the progress payments to the Contractor.
The Contractor shall provide at least forty-eight (48) hours notification for the need of
compaction and materials testing.
700-8 EXTRA WORK MARKUP
(a) Work by Contractor. The following percentage shall be added to the
Contractor's costs and shall constitute the markup for all overhead and
profits, and all other cost not specifically provided for:
(1) Labor 20%
(2) Materials 15%
(3) Equipment Rental 15%
(4) Other Items and Expenditures 15%
To the sum of the cost and markups provided for in this section, 1 percent
shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 700-8 (a) shall
be applied to the Subcontractor's actual cost of such work. A markup of
10% on the first $5,000 of the subcontracted portion of the extra work and
a markup of 5% on work in excess of $5,000 of the subcontracted portion
of the extra work may be added by the Contractor.
700-9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days
of receipt of each progress payment in accordance with Sections 10262 and 10262.5 of
the Public Contract Code and Section 7108.5 of the California Business and
Professions Code concerning prompt payment to subcontractors. The 10-days is
applicable unless a longer period is agreed to in writing. Any delay or postponement of
payment over 30 days may take place only for good cause and with the agency's prior
written approval. Any violation of Section 7108.5 shall subject the violating contractor or
subcontractor to the penalties, sanctions, and other remedies of that Section. This
requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the contractor, deficient subcontractor
performance, and/or noncompliance by a subcontractor.
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700-10 MEASUREMENT AND PAYMENT
No separate payment will be made for work performed or for compliance with the
requirements out lined in this Section, "Special Conditions."
Full compensation for such work and features shall be considered as included in the
contract unit or lump sum prices bid for other applicable items of work, and no additional
compensation will be allowed therefore.
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SECTION 701
SPECIAL CONSTRUCTION REQUIREMENTS
(Not a Bid Item)
701-1 PERMITS
701-1.1 City Encroachment Permit: The Contractor is required to obtain a
no-fee Encroachment Permit from the City prior to commencing any construction.
701-2 MOBILIZATION
Mobilization shall consist of preparatory work and operations including, but not limited
to, those necessary for the movement of personnel, equipment, materials, supplies, and
incidentals to the project sites, and for all other work operations which must be
performed, or costs incurred, prior to beginning work on the various contract items on
the project sites.
701-3 CONSTRUCTION SCHEDULE AND TRAFFIC CONTROL PLAN
One week prior to the Pre-Construction Conference, the Contractor shall submit to the
Engineer for review: 1) a project Construction Schedule in accordance with the SSPWC
Subsection 6-1, "Construction Schedule and Commencement of Work," 2) a Stormwater
Pollution Control Plan (SWPCP) addressing the requirements of Section 703, of these
Special Provisions, for the affected project site, and 4) hauling routes of materials.
The Contractor's sequence and scheduling of construction shall provide for parking
within the existing parking lot at the park, unless otherwise authorized in writing by the
City Engineer.
Any revisions to the originally approved Construction Schedule must be approved by
the Engineer, in writing, at least three working days prior to any construction.
701-4 CONSTRUCTION SEQUENCE
The Contractor shall phase his construction operations such that the construction
activities are performed around the schedule at the park community center.
701-5 NOTICE TO AREA PROPERTY OWNERS/BUSINESS OWNERS/RESIDENTS
In residential and business areas, the Contractor shall give written notice to all adjacent
residents and businesses as applicable at least four work days prior to restricting
driveway access or starting any work. The written Notice shall be approved by the
Engineer. The Notice shall describe the impending work, and shall identify dates and
the stages of work. The Notice shall include a contact number for the Contractor's on-
site job superintendent.
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Special consideration shall be given to multi-family complexes and other high density
uses and businesses. Provisions shall be made for the urgent needs of property
owners/business owners/residents for medical, fire, and police services.
701-6 CONSTRUCTION SURVEYING
The Contractor shall provide all necessary construction surveying to construct the
improvements as shown on the plans and described in these specifications.
The locations and limits of removal and construction of the Project facilities will be
staked or marked by the Engineer in the field.
701-7 COORDINATION OF WORK
The Contractor shall coordinate the work with all respective utility companies for any
related relocations and/or construction work. The contractor shall also coordinate the
work with the Moorpark Unified School District at (805) 378-6300, Ventura County Fire
Department at (805) 578-2980, Moorpark Police Department (805) 532-2700, Arroyo
Vista Park Community Center.
The Contractor shall make every effort to eliminate or minimize any impacts on park
activities and school traffic.
The Contractor shall coordinate the work with the City's Landscaping Inspector for
temporary shutting off the irrigation systems by notifying at least two (2) full working
days prior to the work.
701-8 REMOVAL OF MATERIALS
All materials which are to be disposed of, including but not limited to, miscellaneous
concrete, drainage piping, wooden retaining wall and metallic posts, and excess
excavated earth and base material and other extraneous materials and debris, shall be
removed immediately from the construction site. No overnight storage of materials or
debris will be allowed in the park turf areas, parking lot or surrounding areas. All
surplus and extraneous materials and debris shall be disposed of by the Contractor at
an approved landfill or disposal site at the Contractor's expense.
701-9 EQUIPMENT AND MATERIALS STORAGE
The Contractor shall arrange and maintain a secure storage site(s) for all equipment
and materials. All equipment and unused materials shall be retumed to this site(s) at
the end of each work day. The Contractor shall submit a route plan for the delivery of
materials to both the job and storage sites at least three (3) working days before
commencing work. Construction equipment, vehicles and materials shall not be placed
or parked in front of or within shopping center and other business establishments.
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701-10 WORK BEYOND PUBLIC RIGHT-OF-WAY
Subsection 2-8, "Right-of-Way", of the SSPWC is hereby deleted, and replaced as
follows:
All improvements proposed to be constructed for this project, per the Plans, are
physically located within the public rights-of-way with the exception of any restoration of
landscape planting and irrigation system improvements disturbed during construction
and the matching of existing onsite improvements on the two adjacent residential
parcels. Should the Contractor, however, require or desire temporary work areas and
facilities beyond and outside of the public rights-of-way, the Contractor shall make
arrangements, pay for, and assume all responsibility for acquiring, using, disposing, and
restoring of temporary work areas and facilities. The Contractor shall indemnify and
hold the City harmless from all claims for damages caused by such actions.
701-11 PROTECTION OF EXISTING IMPROVEMENTS
During construction of the proposed improvements, extreme care shall be exercised to
protect existing public and private property improvements, such as concrete and block
walls, hardscape, fences, walks, brick planters, curbs, valves, irrigation lines,
landscaping, garden lights, utility meters, drainage structures, posts, signs, garden
walls, etc., unless otherwise identified in these Special Provisions, or shown on the
Plans for relocation/removal/ reconstruction by the Contractor. The protection of
existing improvements in place may require shoring and/or bracing depending upon the
condition of the facilities. Repair and/or replacement of any facilities damaged and/or
removed by the Contractor, that are to remain, shall be at the expense of the
Contractor.
No markings will be allowed on existing cross-gutters, spandrels, curb/gutters, and
sidewalks. All USA and other markings shall be removed by the Contractor.
701-12 DUST AND NOISE CONTROL
The Contractor shall provide the means to prevent dust, grit, excessive noise and other
waste products from becoming a nuisance in and around the working areas. The
Contractor shall take such steps, with the approval of the Engineer, to reduce or
eliminate such nuisance. The Contractor is required to control dust during the entire
contract period, including holidays and weekends.
If the Contractor fails to control dust in accordance with these contract specifications,
the City reserves the right to hire another contractor or agency to perform such work on
a "force account" basis. The total cost for performing this work will be deducted from
the total price of this Contract.
701-13 SURVEY MONUMENT TIES ADJUSTMENTS
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The Contractor shall locate, protect and save any and all survey monuments and ties
that will be, or may be damaged or destroyed by the Contractor's operation. All existing
nails and markers within the limits of the work area shall be tied down by the City's
Contract Surveyor prior to such removals for subsequent adjustment and/or installation.
Where a survey monument and/or property corner tie will be removed due to this
construction, the Contractor shall save the monuments, markers, and appurtenances.
The reinstallation of the actual monuments and/or property corners will be accomplished
by the City's Contract Surveyor. A forty-eight hour notification to the City is required
before removal of a survey monument tie.
701-14 MAINTENANCE OF EXISTING DRAINAGE SYSTEM
The Contractor shall maintain the existing drainage system within the adjacent affected
private property during the entire duration of the construction. This item shall include
erosion control as applicable.
701-15 SUBMITTALS
Subsection 2-5.3.3, "Submittals," is hereby supplemented as follows:
Submittals (as applicable) shall consist of mix design of Portland cement concrete,
material, reinforcing steel certification drainage fabric, drainage piping. The City will
undertake plant inspections and testing of special items such as concrete and
aggregate base.
Three weeks prior to the use of any material, the Contractor shall provide written
certifications, shop drawings, and mix designs of all materials to be incorporated in the
work. The Contractor shall not deliver any or use such materials prior to the approval of
the Engineer in writing.
701-16 PROGRESS PAYMENTS
The Contractor or its designated representative shall sign a monthly quantity payment
sheet of completed work in order to expeditiously process monthly progress payments.
701-17 WATER FOR CONSTRUCTION
Water for construction purposes as required by these specifications may be obtained
from the Ventura County Water Works District No. 1, (805) 378-3000. The Contractor
shall make all arrangements to obtain and transport the water, and shall, at his own
expense, furnish and install all necessary metering, piping and fittings. All costs
associated with water for construction shall be borne by the Contractor.
701-18 MEASUREMENT AND PAYMENT
No separate payment will be made for any other work or other features as required and
outlined in this Section, "Special Construction Requirements". Full compensation for all
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other work and features shall be considered as included in the contract unit or lump sum
prices bid for other applicable items of work, and no additional compensation will be
allowed therefore.
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SECTION 702
CONSTRUCTION SIGNING
AND PEDESTRIAN SAFETY
(Not a Bid Item)
702-1 GENERAL
Construction signing and pedestrian safety shall consist of all signing and protection
devices involved in the Contractor's operations as required by these Specifications.
Traffic control is not envisioned, but if required it shall be in accordance with the most
recent revision of the Caltrans "Manual of Traffic Controls for Construction and
Maintenance Work Zones" and "Standard Plans" and the SSS Subsections 7-1.08,
"Public Convenience," 7-1.09, "Public Safety," and Section 12, "Construction Area
Traffic Control Devices." Nothing in these Specifications shall be construed as relieving
the Contractor from his/her responsibility as provided in the SSS Subsection 7-1.09. All
measurement and payment clauses of the SSS are hereby deleted and modified herein.
702-2 CONSTRUCTION — SIGNING DEVICES
Construction signing shall consist of furnishing, installing, maintaining and removing
construction signs, barricades, and arrow boards in accordance with the most recent
version of the Caltrans Manual of Traffic Controls and Standard Plans. The traffic
control system shall be installed prior to starting work at each location and shall not be
removed until all work has been completed. The Contractor shall post and maintain all
necessary construction signs and flaggers.
The Contractor, where directed and as approved by the Engineer, shall furnish and
place temporary "No Parking" signs, 12 inches x 18 inches minimum size, within the
parking lot as needed. The signs shall be placed two working days in advance of any
work. The signs shall include the day and the time during which parking will not be
permitted. These signs shall be posted on temporary barricades only. Trees, utility
posts, etc., shall not be used. The Contractor shall remove these signs immediately
when they are no longer needed.
702-3 PEDESTRIAN SAFETY
Maintain safe crossings for vehicles and pedestrian traffic at all times. Convenient
access to driveways, houses, and buildings along the line of the work shall be
maintained and temporary approaches to crossings shall be provided and kept in good
condition.
702-4 PEDESTRIAN PATH MAINTENANCE
The Contractor shall provide for controlled pedestrian crossings through the non-sloped
work area. Crossings shall provide pedestrians the means of passing over or through
the work without endangering pedestrian safety.
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Throughout the life of the project, safe, unobstructed and adequate pedestrian and
vehicular access shall be continuously provided and maintained, unless otherwise
approved in advance on a specific location basis by the Engineer. Care must be taken
to comply with access requirements, for those access points that serve as the sole
access to one or more properties.
Where non-motorized (pedestrian, equestrian, or bicycle) facilities exist, they shall be
maintained in passable condition or other facilities shall be provided. Passage between
facilities at intersections shall likewise be provided. In areas of high volume non-
motorized traffic, such as shopping centers, the Contractor shall provide for controlled
pedestrian crossings through the work or schedule work to avoid peak non-motorized
volumes. Crossings shall provide for the existing non-motorized volumes. The
crossings shall provide a means of passing over or through the work.
The Contractor's equipment, and personal vehicles of the Contractor's employees, shall
not'be parked on the traveled way nor on any section where traffic is restricted at any
time.
702-5 PUBLIC RELATIONS, CONSTRUCTION PHASING, AND ACCESS
This project includes work in an existing, active park and it is imperative that access to
the park facilities during construction is maintained per these Specifications. The
Contractor shall conduct his/her operations so as to minimize inconvenience to the
public pedestrian/vehicular traffic. The Contractor shall have under construction no
greater amount of work than is demonstrated that the Contractor can handle properly
with due regard for the rights of the public.
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SECTION 703
STORMWATER POLLUTION CONTROL
(Bid Item No. 1)
703-1 DESCRIPTION
The Contractor shall take all necessary steps during the project construction period to
prevent or reduce discharge of pollutants from the work sites to the City storm drain
system utilizing the following prevention measures:
• Maintain clean work sites through good housekeeping measures and
regular clean-up and disposal of all debris, storage materials, saw-cut
slurry, waste, etc.
• Eliminate discharge of sanitary water/septic waste to storm drain system
by providing convenient and well maintained facilities, and regular service
and disposal.
• Manage and operate construction vehicles and equipment in a manner to
prevent leaks, spills, and waste.
• Prevent and control the discharge of:
Soil Sediments
Concrete and mortar waste
Chemicals from treated wood products
Paints, solvents, adhesives, and cleaning solutions
Soil, trimmings, and garden chemicals
Construction water from collecting and transporting pollutants
Saw-cut slurry materials
• Prevent pollution of the storm drain system during import, export,
stockpiling, and spreading or grading of earthwork materials.
For more detailed information and specifications for stormwater pollution control at
construction sites, refer to document entitled, "Stormwater Pollution Control Guidelines
For Construction Sites," which by reference forms a part of these Special Provisions
and is available at the Public Works counter.
To assure achieving the above requirements, a Stormwater Pollution Control Plan
(SWPCP) shall be submitted with the contract documents at least one week prior to the
Pre-Construction Conference for the Engineer's review. The SWPCP shall include the
Contractor's proposed provisions for diverting and controlling water around the project
site, and the prevention of pollutant discharge as described herein.
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703-2 MEASUREMENT AND PAYMENT
The measurement and payment for Stormwater Pollution Control will be paid for at the
contract lump sum price bid as shown in the Bid Schedule.
The above contract price and payment shall be considered as full compensation for
furnishing all labor, materials, equipment, tools, transportation and incidentals, and for
doing all the work involved and necessary to accomplish the prevention and control of
pollutant discharge to stormwater, including good housekeeping practices, containment
of waste, control of construction site perimeter, vehicle and equipment management,
management of concrete and mortar products, management of cementitious products,
stockpiles, paint, solvents, solutions, dust control, and the preparation of the SWPCP,
complete, as specified in these Special Provisions, and as required by the federal
NPDES for Stormwater Pollution Control Program, and as directed by the Engineer.
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SECTION 704
CLEARING AND GRUBBING
(Bid Item No. 2)
704-1 GENERAL
This section includes removal of existing hardscape, clearing, grubbing and stripping of
existing landscaping areas.
704-2 PROTECTION
Perform all removal activities in such a manner as to minimize all hazards to personnel,
property, and the public. Interference with traffic, surrounding properties, and utility
service interruption shall be avoided.
Prevent the spread of dust and particles by spraying water as needed. Do not use
water if it causes a safety hazard such as slippery surfaces or spread of contaminants.
Vacuum the work area daily.
Contractor shall take precautions to avoid damage to existing items that shall remain in
place, are to be reused, or shall be returned to the City. Any damaged items shall be
repaired or replaced at no expense to the City.
Save and protect plant materials (trees, shrubbery, and plants) beyond the limits of
clearing and grubbing from damage resulting from the work. No filling, excavating,
trenching or stockpiling of materials will be permitted within the drip line of the protected
plant materials. No equipment shall be operated within the drip line of the protected
plant materials. Install high visibility orange snow fence around the area of landscaping
that is to remain protected to prevent inadvertent damage during the work.
704-3 DEFINITIONS
Clearing: Remove and dispose of trees, snags, stumps, shrubs, brush, limbs and other
vegetative growth. Remove all evidence of the preexisting site condition from the
surface including sticks and branches greater than 1 inch in diameter. Remove of trash
piles and rubbish.
Grubbing: After clearing, remove and dispose of wood or root matter, including root
systems greater than 1 inch in diameter. Grubbing shall extend to a depth of 12 inches
below the ground surface.
Stripping: Remove and dispose of all sod, grass and grass roots and other
objectionable material remaining after clearing and grubbing activities.
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704-4 CLEARING AND GRUBBING LIMITS
Clear and grub excavation and identified vegetated areas associated with the proposed
pavement and median areas.
Debris of all kinds shall become the property of the Contractor and shall be disposed of
by the Contractor daily off the project area to avoid accumulation at the project site.
Materials that are unable to be removed daily shall be stored in areas specified by the
Engineer. Contractor shall dispose of debris in a manner that is compliant with
applicable federal, state, and local regulations. Do not burn removed combustible
material.
When utilities are encountered in the project area that are not shown on the project
drawings, the Contractor shall protect it in place and the Engineer shall be notified
immediately.
Upon completion of demolition work and removal of all debris, leave site in a condition
satisfactory to the Engineer.
704-5 MEASUREMENT AND PAYMENT
Measurement and payment for clearing and grubbing, complete in place, will be made
at the contract lump sum as shown in the Bid Schedule.
The above contract price and payment shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, transportation and incidentals, and for
doing all the work involved and necessary for removal of trees, shrubbery, and
miscellaneous vegetation, and disposal of all extraneous materials and debris, as
shown on the Plans, as specified in the SSPWC and these Special Provisions, and as
directed by the Engineer.
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SECTION 705
DEMOLITION AND REMOVAL
(Bid Item No. 3)
705-1 DESCRIPTION
This item shall consist of irrigation piping removal, demolition of existing improvements
(wood and metal post retaining wall), removal of existing tubular steel fence, and
disposal of materials removed, in accordance with the requirements of SSPWC 300-1.
Items to be removed shall include but is not limited to mounded soil above the height of
the proposed improvements that could potentially inundate the improvements following
construction, concrete rubble, irrigation/drainage piping, tubular steel fencing in conflict
with the improvements and other objectionable materials within the limits of the Project
area.
705-2 CONSTRUCTION METHODS
705-2.1 Disposal Sites
Contractor shall dispose of all materials at a County recognized recycling facility or at an
approved site in accordance with the Standard Specifications.
705-2.2 Protection of Existing Improvements
The project is in a City owned recreational park that abuts a residential neighborhood
and the Work potentially affects irrigation systems, etc. that exist behind the property
line in the project area. These facilities shall be identified by the Contractor prior to
commencement of Work at the Site and protected in place during the Project.
Temporary shoring or support may be required to ensure the existing improvement is
not affected by the Work.
705-2.3 Security Fence Installation
Once the residential tubular steel fence is removed, install a secure temporary fence
along the residential properties affected by the removal until a point when the
replacement fence has been installed. Provide a secure temporary fence that will
prevent unauthorized access to the private residential properties.
705-3 MEASUREMENT AND PAYMENT
Measurement and payment for demolition and removal, complete in place, will be made
at the contract lump sum as shown in the Bid Schedule.
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The above contract price and payment shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, transportation and incidentals, and for
doing all the work involved and necessary for removal of the existing wooden retaining
wall and posts, wrought iron fencing, irrigation and drainage piping in conflict with the
improvements and disposal of all extraneous materials and debris, as shown on the
Plans, as specified in the SSPWC and these Special Provisions, and as directed by the
Engineer.
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SECTION 706
CAST IN DRILLED HOLE (CIDH) PILES
(Item No. 4)
706-1 SCOPE
This section includes installation of cast in drilled hole (CIDH) piles at the spacing and
dimensions as shown on the Plans.
706-2 SUBMITTALS
Submit information on the drilling equipment to be used on the Project, staging and
storage area of the drilling equipment as well as any Site requirements for the
equipment.
706-3 MATERIALS
706-3.1 Reinforced Concrete
Reinforcing steel and concrete mix design (structural concrete) for the piles shall be per
Section 707.
706-3.2 Cast In Drilled Hole Piles (CIDH) Equipment.
Cast in Drilled Hole Pile equipment shall be in good working order during the course of
the Project and capable of installing the piles on the slope shown. Equipment shall be
capable of working with in the work area limits shown on the Plans without requiring any
additional cleared area.
706-4 CONSTRUCTION METHODS
706-4.1 General
Cast in Drilled Hole Piles shall be constructed per SSPWC Sections 205-3.3.2 and 305-
1.1 and 305-1.3. Reinforcing steel shall be installed in the excavation per SSPWC
Section 305-1.3.6.
706-4.2 Concrete Placement
Concrete shall be placed in the excavations in accordance with SSPWC Section 305-
1.3.7.
706-4.3 Equipment Placement
The Contractor shall designate staging areas for the equipment on the sloped work
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area. Drilled cuttings shall be hauled and disposed of legally offsite. Minor benching of
the slope to place the drill rig will be allowed. Backfill the slope to the existing grades
and recompact per Section 708.
706-5 MEASUREMENT AND PAYMENT
Measurement and payment for cast in drilled hole (CIDH) piles, complete in place, shall
be paid for on a unit price basis, as shown in the in the Bid Schedule. Such payment
shall be considered full compensation for furnishing and maintaining all materials, labor,
equipment, and all incidentals necessary to complete the work in accordance with the
Standard Specifications and these Special Provisions.
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SECTION 707
CAST IN PLACE CONCRETE
• (Bid Item Nos. 4, 5, 7, and 8)
707-1 GENERAL
This section covers new concrete facilities, including cast in place reinforced concrete
for drilled piles, reinforced concrete retaining walls, drainage swales, v-ditch and other
facilities shown on the Plans shall be constructed at the locations indicated on the Plans
or as directed by the Engineer.
707-2 SUBMITTALS
Submit concrete mix designs in accordance with ACI 318, Chapters 4 and 5, except as
modified herein.
Submit mill test certificates identifying chemical and physical analyses of each load of
reinforcing steel delivered. If mill test reports are unavailable and the quantity of steel
for a structure exceeds 5 tons, provide a laboratory test to prove conformance with the •
specified ASTM standard.
Submit reinforcing bending lists and placing drawings for all reinforcing. Placing
drawings shall indicate all openings including additional reinforcing at openings and
corner bar arrangements at columns, walls, and footings indicated in the typical detail
and Drawings. Placing drawings shall be coordinated with the concrete placing
schedule. Each bending list and placing drawing submitted shall be complete for each
major element of a structure (columns, walls, drainage structures) including dowels and
corner bars. Furnishing such lists shall not be construed that the lists will be reviewed
for accuracy. Be responsible for the accuracy of the lists and for furnishing and placing
reinforcing steel in accordance with the details shown in the Drawings and as specified.
Placing drawings shall not incorporate photocopies of the Contract Drawings.
Show dimensions and thicknesses of walls and columns. Show reinforcing wire and
steel. Show materials of construction by ASTM reference and grade.
Submit a current report (within 6 months) from a testing laboratory verifying that
aggregate material contains less than 1% asbestos by weight or volume and conforms
to the specified gradations or characteristics. Aggregates shall be free from any
substances that will react with the cement alkalies and be classified through current
(within 6 months) laboratory testing as innocuous, as determined by Appendix X-1 of
ASTM C33.
Submit concrete tickets to the City at the time of delivery.
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707-3 MATERIALS
707-3.1 Formwork
Design forms according to ACI 347.
Class II Forms: Use plywood in good condition, metal, or smooth-planed boards free
from large or loose knots with tongue and groove or ship lap joints.
Class II forms may be used for all concrete surfaces regardless of location.
Coat forms with form release agent.
707-3.2 Form Release Agent
Form release agent shall effectively prevent absorption of moisture and prevent bond
with the concrete. Agent shall be nonstaining and nontoxic after 30 Calendar Days.
For steel forms, release agent shall prevent discoloration of the concrete due to rust.
707-3.3 Reinforcing Steel
Reinforcement shall conform to ASTM A615 or A706, Grade 60.
Fabricate reinforcing in accordance with the current edition of the Manual of Standard
Practice, published by the Concrete Reinforcing Steel Institute. Bend reinforcing steel
cold. No field bending is permitted.
Deliver reinforcing steel to the site bundled and with identifying tags.
707-3.4 Tie Wire
Tie wire shall be 16 gauge minimum, black, soft annealed.
707-3.5 Aggregates
Aggregates shall be natural rock, sand, or crushed natural rock and shall comply with
ASTM C33, and shall contain less than 1% asbestos by weight or volume. Aggregates
shall be free from any substances that will react with the cement alkalies and be
demonstrated through current laboratory testing as innocuous, as determined by
Appendix X-1 of ASTM C33.
707-3.6 Water and Ice
Use water and ice that is clean and free from objectionable quantities of organic matter,
alkali, salts, and other impurities that might reduce the strength, durability, or otherwise
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adversely affect the quality of the concrete. Water shall not contain more than 500 mg/L
of chlorides or more than 500 mg/L of sulfate.
707-3.7 Concrete Admixtures
Use of admixtures shall conform to the Standard Specifications for Public Works
Construction Section 201-1.2.4 and shall be approved by the City.
Do not use any admixture that contains chlorides or other corrosive elements in any
concrete. Admixtures shall be nontoxic after 30 Calendar Days.
707-3.8 Concrete Mix Design
Conform to ASTM C94, except as modified by these specifications.
Maximum water-cement ratio for concrete = 0.45 by weight.
Use classes of concrete as follows:
Structural concrete shall conform to Section 201 of the Standard Specifications and
shall be Class 560-C-3250. Non-structural concrete shall be Class 520-C-2500.
Measure slump in accordance with ASTM C143. Slump shall be as follows:
Structural Concrete 3-inches maximum
Non-structural Concrete 4-inches maximum
Proportion and produce the concrete to have a maximum slump as shown. A tolerance
of up to 1 inch above the indicated maximum shall be allowed for individual batches
provided the average for all batches or the most recent 10 batches tested, whichever is
fewer, does not exceed the maximum limit. Concrete of lower than usual slump may be
used provided it is properly placed and consolidated.
Aggregate size shall be 3/4 inch maximum for slabs and sections 8 inches thick and
less. Aggregate size shall be 1 inch maximum for slabs and sections greater than 8
inches and less than 17 inches. Aggregate size shall be 1-1/2 inches maximum for all
larger slabs and sections. Aggregate size for floor grout shall be maximum 3/8 inch.
Mix design for pumped concrete shall produce a plastic and workable mix. The
percentage of sand in the mix shall be based on the void content of the coarse
aggregate.
707-3.9 Welded Wire Fabric
Welded wire fabric (WWF) is to be installed in the v-ditch drain. WWF shall comply with
Section 201-2.2.3 and shall be 6 x 6 x 10 x 10.
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707-4 CONSTRUCTION
Construction shall conform to Section 303 of the Standard Specifications and the
following plans (see Appendix F).
707-4.1 Placing Reinforcement
Place reinforcing steel in accordance with the current edition of Recommended Practice
for Placing Reinforcing Bars, published by the Concrete Reinforcing Steel Institute.
Place reinforcing in accordance with the following, unless otherwise indicated:
Reinforcement indicated in the Drawings is continuous through the structure to the
farthest extent possible. Terminate bars and hooks 2 inches clear from faces of
concrete. Reinforcing steel, before being positioned and just prior to placing concrete,
shall be free from loose mill and rust scale and from any coatings that may destroy or
reduce the bond. Clean reinforcing steel by sandblasting or wire brushing and remove
mortar, oil, or dirt to remove materials that may reduce the bond.
707-4.2 Ready-Mixed Concrete
Conform to ASTM C94.
707-4.3 Placing Concrete
Conform to ACI 304.
707-4.4 Concrete Tests
At the City's discretion, concrete quality testing will be performed on the concrete by
City as follows:
Frequency of Sampling: Cast four concrete test cylinders from each 50 cubic yards, or
fraction thereof, of each class of concrete placed in any one day. Sampling and curing
of cylinders shall conform to ASTM C31.
Strength Testing: Test cylinders in accordance with ASTM C39. Test one cylinder at 7
Calendar Days for information; test two cylinders at 28 Calendar Days for acceptance;
and hold one cylinder for verification. Strength acceptance will be based on the
average of the strengths of the two cylinders tested at 28 Calendar Days. If one
cylinder of a 28 Calendar Day test manifests evidence of improper sampling, molding,
or testing, other than low strength, discard it and use the fourth cylinder for the test
result.
Determine concrete slump by ASTM C143 with each strength test sampling and as
required to establish consistency.
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Determine air content of the concrete using ASTM C231 to verify the percentage of air
in the concrete immediately prior to depositing in forms.
Concrete acceptance shall be based on the requirements of ACI 318.
To facilitate concrete sampling and testing, the Contractor shall:
Furnish labor to assist the City in obtaining and handling samples at the Site.
Advise the City in advance of concrete placing operations to allow for scheduling and
completion of quality testing.
Provide and maintain facilities for safe storage and proper curing of concrete test
specimens on the Site, as required by ASTM C31.
707-5 MEASUREMENT AND PAYMENT
Measurement and payment for cast in place concrete, complete in place, shall be paid
for on a unit price basis for each item, as shown in the in the Bid Schedule (Bid Items 5
and 7).
The unit cost of each item shall include all costs associated with the work including, but
not limited to, crushed aggregate base installation as called for in the Standard Plans;
forming; reinforcing steel installation, placing and finishing concrete; and cleanup. Such
payment shall be considered full compensation for furnishing and maintaining all
materials, labor, equipment, and all incidentals necessary to complete the work in
accordance with the Standard Specifications and these Special Provisions.
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SECTION 708
EARTHWORK
(Bid Item No. 6)
708-1 SCOPE
This section includes all earthwork required for construction of the Work. Such
earthwork shall include, but not be limited to, the loosening, removing, loading,
transporting, depositing, grading and compacting in its final location of all materials wet
and dry, as required for the purposes of completing the Work specified in the Contract
Documents, which shall include, but not be limited to, the removing of unsuitable soil, all
pumping, ditching, draining, dewatering, and other required measures for the removal or
exclusion of water from the excavation; and all other incidental earthwork, all in
accordance with the requirements of the Contract Documents.
The elevations shown on the Plans of existing features are taken from the best available
data and are intended to give reasonably accurate information. The Contractor is
responsible for determining exact quantities of excavation and fill required.
708-2 SUBMITTALS
Review by the Engineer shall not relieve the Contractor of the responsibility for the
adequacy of the dewatering, excavation, abandonment of ground penetrations, or for
furnishing all equipment, labor, and materials necessary for performing the various parts
of that Work.
Submit for the Engineer's review, a plan for diverting the seepage/nuisance water from
around the excavations, which shall include the planned method of diversion,
excavation and shoring limits, the location of such diversion collection and conveyance
lines for control of water, and a plan for reuse. Furnish other information to the
Engineer as may be required for the complete understanding and analysis of the
seepage/nuisance water diversion and excavation plan and as called for to meet all
specifications requirements.
Attention is directed to the provisions for "Shoring and Bracing Drawings" in Section
6705 of the California Labor Code and SSPWC Section 306-1.1.6. Prior to beginning
any trench or structure excavation 5 feet deep or over, submit to the Engineer a detailed
plan showing design of all shoring, bracing, and sloping of the sides of excavation, and
other provisions for worker protection against the hazard of caving ground during the
excavation of such trenches or structure excavation. The plans shall be signed and
stamped by a State of California registered civil engineer. The submittal(s) shall include
a site location map referencing existing features; detailed plans; elevations, and various
sections indicating all excavation slopes, shoring components and connections and
showing all structures and utilities potentially influenced by the performance of shoring,
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trenching or structure excavation along with supporting calculations; notes including
sequence of construction, materials, and other clarification as required by the California
Labor Code, SSPWC, and the Contract Documents. Review of the submittal shall be
for confirmation and the Project files only. Approval of the submittal shall not be
provided.
The following list of submittals shall be provided for City review:
1. Shoring, Worker Protection
2. Nuisance/Seepage Water Management
3. Crushed Aggregate Base
4. Backfill Materials if imported
Submit two copies of a report from a testing laboratory verifying that the material
specified in this section (crushed aggregate base) contains less than 1% asbestos by
weight or volume, and conforms to the specified gradations or characteristics for
crushed aggregate base.
708-3 MATERIALS
708-3.1 Backfill Material (Imported or Onsite) Requirements
Backfill material (imported or onsite) shall be free from organic matter, debris, or
deleterious materials. The backfill material shall not contain rocks, blocky material, or
lumps over 3 inches in maximum dimension or more than 15 percent material larger
than 2 inches. Rock fragments or poorly weathered material meeting the above criteria
may be utilized provided those materials are not in concentrated pockets. Imported
backfill material shall be non-expansive (EI<20), have less than 40 percent passing the
number 200 sieve and have a sand equivalent of at least 25. Use of imported backfill
material shall be subject to the Engineer's acceptance. All necessary testing and test
reports by the Contractor to verify and demonstrate suitability of materials shall be at no
additional expense to City.
The maximum dry density at optimum moisture content will be determined in
accordance with the latest version of ASTM D 1557. In-place field density tests will be
performed in accordance with ASTM D 1556 (sand cone), and/or ASTM D 6938
(nuclear gauge). The type, number and location of field density tests will be determined
by the Owner. One sand-cone test (ASTM D 1556) will be taken for every ten nuclear
tests (ASTM D 6938). If soil material is not within two (2) percentage points of optimal
moisture content, the Contractor shall either add water or dry the soil material by
moving the soil to aerate it sufficiently such that the optimum moisture content is
achieved at no additional cost to the District.
All imported backfill material shall be sampled at the Contractor's expense and shall be
subject to acceptance by the Engineer. Where imported backfill material is required to
possess certain gradation, strength, and settlement properties, the grain size
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distribution of soils shall be determined using ASTM D 422, the gradation of concrete
aggregate and base materials shall be determined using ASTM C 136, the sand
equivalent of soils shall be determined using ASTM D 2419, the consolidation of soils
shall be determined using ASTM D 2435, the unconfined compressive strength of soils
shall be determined using ASTM D 2166, and the expansion index of soils shall be
determined using ASTM D 4829
708-3.2 Crushed Aggregate Base
Crushed aggregate base (SSPWC Section 200-2.2) shall be crushed rock or gravel,
durable and free from slaking or decomposition under the action of alternate wetting or
drying. The material shall be uniformly graded and shall meet the following gradation
requirements:
Sieve Size Percentage Passing
1-inch 100
3/4-inch 90 - 100
3/8-inch 50 -80
No. 4 35 - 55
No. 30 10 -30
No. 200 2 -9
The rock shall have a sand equivalent value not less than 75.
708-4 CONSTRUCTION
708-4.1 Excavation
Except when specifically provided to the contrary, excavation shall include the removal
of all materials of whatever nature encountered, including all obstructions of any nature
that would interfere with the proper execution and completion of the Work. The removal
of said materials shall conform to the lines, grades, and cross sections shown or
ordered. Furnish, place, and maintain all supports and shoring that may be required for
the sides of the excavations, and all pumping, ditching, or other measures for the
removal or exclusion of water, including taking care of storm water, groundwater
(dewatering if required), and surface water reaching the Site of the Work from any
source so as to prevent damage to the Work or adjoining property.
Structure excavation shall conform to the dimensions and elevations indicated on the
Contract Documents for each structure. Excavations shall extend at least 12 inches
from walls and footings to allow for placing and removal of forms, installation of
services, and inspection. Undercutting will not be permitted. Encroachment onto
private property will not be allowed without a temporary encroachment permit issued by
the City.
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P&R 15-01
If unsuitable foundation material is encountered at the bottom of the excavation after
initial removal to the elevations shown on the Drawings, the unsuitable material shall be
removed to a depth as required by the City, disposed of, and replaced with crushed
aggregate base. If the necessity for such additional excavation and material has been
occasioned by an act or failure to act on the part of the Contractor, the Contractor shall
bear the full expense of the additional excavation and backfill to the required depth.
Where excavation is carried below the limits shown on the Contract Documents,
adjustments shall be made as determined by the City to meet requirements incurred by
the deeper excavation beneath the structure subgrade. In general, over depth
excavation in such locations shall be rectified by backfilling with accepted fill material,
unless directed otherwise by the City. Overexcavations neither required by the Contract
Documents nor directed by the City shall be rectified at the expense of the Contractor.
The Contractor shall notify the City at least 2 Working Days in advance of completion of
any structure excavation and shall allow the City a review period of at least 1 Working
Day before the exposed foundation is scarified and compacted or is covered with
backfill or with any construction materials.
708-4.2 Disposal of Excess And Unsuitable Excavated Material
Remove and legally dispose of all grubbed and excavated material. The City reserves
the right to take samples of unsuitable/excess material.
Unsuitable material shall be defined as material containing excessive amounts of
organic matter, peat, blue clay, trash or debris; or as designated by the City's
Representative; or debris produced by clearing, grubbing, and demolition of existing
structures, pavement, or pipe; or soil classified by test method ASTM D2487 as groups
OL, CH, MH, OH or PT; or not meeting the grading or classification specified for the
Work.
708-4.3 Backfill Placement
Native soil can be used as backfill against the structure as long as particles larger than
4 inches in maximum dimension are removed. Native soil can be used around the Site
to establish the necessary grades or exported offsite and disposed of legally. If the
subgrade is dried and desiccated, the exposed surface shall be scarified to a depth of 6
inches, moisture conditioned to at least 2 percent over optimum moisture, and
compacted to at least 90 percent of the maximum dry density determined from ASTM D
1557. Crushed aggregate base shall be used for overexcavated areas for stabilization
as needed to achieve grade.
Onsite backfill materials and imported backfill materials shall be evenly placed in
uniform horizontal loose lifts not exceeding 8 inches in thickness, and compacted by
mechanical means to a relative compaction value as required in these specifications
and determined by ASTM Test Method D1557. Each layer of fill material shall cover the
length and width of the area to be filled before the next layer of material is placed. The
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moisture content of the material shall be controlled and water shall be applied as
necessary to achieve the specified compaction at optimum moisture content and for the
prevention of dust nuisance. No fill material shall be placed on standing water in any
excavation. Backfill shall not be dropped directly upon any structure.
708-5 MEASUREMENT AND PAYMENT
Earthwork shall be measured and paid for on a lump sum basis as shown in the Bid
Schedule. Payment will be made at the lump sum price bid on the basis of a
percentage completed in accordance with the Plans and these Special Provisions.
Such payment shall be considered full compensation for providing all labor and
equipment and performing all work related to excavation, including dust control and
disposal of the material removed, backfill and compaction, testing, and all incidentals
necessary to complete the work in accordance with the Standard Specifications and
these Special Provisions.
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SECTION 709
• DRAINAGE IMPROVEMENTS
(Bid Item No. 7)
709-1 GENERAL
This item shall consist of installation of annular high density polyethylene (HDPE)
drainage pipe with smooth interior, corrugated exterior and bell and spigot joints (Type
S), concrete drainage swales, geocomposite drainage panels, drain inlets, weep pipe
and shall be performed in accordance with the Standard Specifications, the Plans, and
these Special Provisions.
709-2 SUBMITTALS
Submit fully dimensioned cross section drawings of the pipe. Show the bell maximum
outside diameter and the minimum wall thickness. Submit manufacturer's information
and test data on the HPDE and PVC pipe and fittings including thickness, weight,
dimensions, and ASTM compliance.
Submit manufacturer information on the geocomposite wall drainage panels including
installation requirements, ASTM reference and grade, geotextile material, and
engineering properties.
709-3 MATERIALS
709-3.1 HDPE Drainage Pipe
Annular high density polyethylene pipe shall be Type S and have a smooth interior,
corrugated exterior and bell and spigot joints in accordance with SSPWC 207-18.
Fittings shall be manufactured by the same manufacturer of the pipe and have integral
bells and spigots.
709-3.2 PVC Weep Pipe
PVC weep drain pipe shall be Schedule 40 PVC manufactured in accordance with
ASTM D1785.
709-3.3 Drain Rock
Drain rock for the wall backfill shall be washed coarse aggregate and conform to
SSPWC Section 200-1.4, gradation No. 3. The aggregates shall be durable, open-
graded, crushed angular aggregates. Aggregate material shall be washed and graded
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P&R 15-01
to be free of all fines and organics. Material shall not include sandstone, siltstone or
mudstone products.
709-3.4 Geocomposite Wall Drainage Panels
Prefabricated geocomposite sheet drains shall have a flat back which is pressed against
the underground structure. The pressure of backfilled soils holds the sheet drain in
place. A filtration geotextile covers the drainage core. The geotextile allows unrestricted
flow of moisture into the core while it restricts the passing of soil particles which could
contaminate and clog the core. The minimum weight per square foot of the sheet shall
be 5 oz/sf. Sheet drain shall be Drainguard 400 as manufactured by Applied
Technologies, LLC, or Amerdrain 220 as manufactured by Geo-Synthetics, LLC, or
equal.
709-3.5 Filter Fabric
Filter fabric shall be a non-woven polypropylene fiber geotextile filter fabric that
conforms to Section 213-2.
709-3.6 Gunite
Gunite shall comply with SSPWC section 303-2, "Air-Placed Concrete," Method A
(Gun ite).
709-3.7 Splash Pad Rock
The rock shall conform to the following gradation:
SPLASH PAD ROCK
Rock Sizes Percentage
Larger Than
200-Lb 0-5
75-Lb 50-100
25-Lb. 90-100
The amount of material smaller than the smallest size listed in the table for splash pad
rock shall not exceed the percentage limit listed in the table determined on a weight
basis. Compliance with the percentage limit shown in the table for all other sizes of the
individual pieces of any class rock shall be determined by the ratio of the number of
individual pieces larger than the smallest size listed in the table for that class.
Flat or needle shapes will not be accepted unless the thickness of individual pieces is
greater than 1/3 the length.
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Rock shall meet the requirements of Section 200, except that all rock shall be angular or
sub-angular in shape. Angular shall be defined as having sharp corners and straight
planes on all faces, with no evidence of wear caused by wind, water or abrasion. Sub-
angular shall be defined the same as angular, except with the evidence of wear caused
by wind, water and abrasion. Determination of angularity will be made by the Engineer.
The following quality requirements and tests shall apply:
(a) Minimum apparent specific gravity of 2.5 per ASTM C-127.
(b) A maximum abrasion loss of 35 percent per ASTM C-535, Grading 1.
(c) Weight loss in 5 cycles shall be not more than 10 percent when sodium sulfate is
used or 15 percent when magnesium sulfate is used in the test for soundness
performed according to the procedure for ledge rock in ASTM D 5240-92,
Method 203-01.
(d) A maximum wetting and drying loss of 5 percent after 10 cycles. A sample of
rock shall be crushed, screened, oven-dried, and 1,000 to 1,400 grams of%-inch
to 3/8-inch fraction shall be taken for the test.
(e) After 10 cycles, the percent loss shall be computed as follows:
% Loss = 100 x Weight of Material Passing No. 4 Sieve
Total Weight of Sample
709-4 CONSTRUCTION
709-4.1 Pipe Installation
Installation of HDPE pipe shall conform to SSPWC 306-1.2. Jointing of the HPDE pipe
shall be per SSPWC 306-1.2.10. Install the drain pipe cleanouts as shown on the
Plans.
709-4.2 Geocomposite Sheet Drain
Geocomposite sheet drain shall be installed as shown on the Plans and per the
manufacturer's recommendations. Install PVC weep drains per the Plans. Route
through the concrete wall. Wrap the drains in an isolation material to prevent bonding to
the concrete and allow for minor movement/adjustments during backfill operations and
settlement.
Crushed aggregate base (non-drain rock material) shall be per Section 707.
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Connect drainage piping together into manifolds to transition to the downslope main
drain. Backfill the drainage piping per the manufacturer's recommendations. Compact
the backfill material over the pipelines to 90 percent relative compaction.
709-4.3 Weep Drain Pipe
PVC weep pipe shall be cast into the concrete retaining wall. Install the filter fabric and
drain rock so the wall drainage will be captured by the weep drain. Connect the PVC
weep drain to the HDPE drain manifold as shown on the Plans.
709-4.4 Placing Splash Pad Rock
The rock shall be placed by equipment on surfaces and to the thickness (18 inches) and
grades shown on plans. The rock shall be constructed to the full course thickness in
one operation and chinking or filling with loose material shall be avoided. The rock shall
be delivered and placed in a manner that will insure that the splash pad rock in place
shall be reasonably homogeneous with the larger rocks uniformly distributed and firmly
in contact one to another with the smaller rocks and spalls filling the voids between
larger rocks.
Splash pad rock shall be placed in a manner to prevent damage to structures. Hand
placing will be required to the extent necessary to prevent damage to structures.
Placement of rock by dumping will not be allowed.
709-4.5 Placement of Gunite
Gunite installation shah comply with SSPWC section 303-2, "Air-Placed Concrete,"
Method A (Gunite).
709-5 MEASUREMENT AND PAYMENT
Measurement and payment for the various types of drainage improvements shall be
paid for on the lump sum price basis for each item, as shown in the Bid Schedule. The
lump sum price of each item shall include all costs associated with the work including,
but not limited to, installing drainage fabric, drainage inlet installation, drainage pipe
assembly and installation. Such payment shall be considered full compensation for
furnishing and maintaining all materials, labor, equipment, and all incidentals necessary
to complete the work in accordance with the Standard Specifications and these Special
Provisions.
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SECTION 710
INSTALL TUBULAR STEEL FENCE
(Bid Item No. 8)
710-1 SCOPE OF WORK
This item shall consist of installation of residential tubular steel security fencing,
concrete footing installation, and minor welding as needed for connection of the
fence panels to match the existing tubular steel security fence.
710-2 MATERIALS
Tubular steel fence and support posts shall be black hot rolled ASTM A36 tubing
to match existing fence layout, thickness and height. The wall thickness of the
tubing shall match the existing fencing that was removed to allow for the
construction of the improvements or immediately adjacent to the Site. The wall
thickness shall match existing or 0.065 inch minimum in dimension.
Concrete for the fence footings shall be per Section 707-3.8, nonstructural
concrete.
710-3 CONSTRUCTION
Install the tubular steel fence in accordance with the manufacturer's requirements.
Excavate fence footings to the dimensions shown on the Plans. Layout shall
match existing panels. Fence material shall be installed on the property line.
Remove the excavated soil material from the upslope side of the drainage swale
and deposit it on the downslope side of the retaining wall as necessary.
710-4 MEASUREMENT AND PAYMENT
Measurement and payment for installation of tubular steel fencing shall be on a
unit price basis as shown in the Bid Schedule. The above contract unit price shall
include full compensation for furnishing all labor, materials, tools, equipment,
transportation, and incidentals for installing the wrought iron fencing in accordance
with the Contract Documents.
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APPENDIX '1
Ventura County Air Pollution Control District Rule 55, Fugitive Dust
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P&R 15-01
Ventura County COMPLIANCE ASSISTANCE
Air Pollution
Control District ADVISORY
Ventura County APCD
Rule 55, Fugitive Dust
On June 8, 2008, the Ventura County Air Pollution Control Board adopted Rule 55,
Fugitive Dust. Rule 55 was adopted to comply with a state law that requires local air
districts with air quality levels exceeding the state's particulate matter(PM)standards to
adopt control measures to reduce PM air pollution. Ventura County exceeds the state's
air quality standards for PM. The adverse health impacts from PM air pollution include
asthma and other lung diseases, heart disease, and premature death. Ventura County
APCD staff estimates that Rule 55 will reduce PM air pollution by 6 tons per day. Rule
55 becomes effective on October 8, 2008.
Rule 55 applies to any disturbed surface area, or man-made condition capable of
generating fugitive dust, including bulk material handling, earth-moving, construction,
demolition, storage piles, unpaved roads, track-out, or off-field agricultural operations.
In summary, the key provisions of Rule 55 are as follows:
1) Visible dust from an applicable source is prohibited or limited;
2) Measures must be taken to reduce or prevent track-out onto paved public
roadways from an applicable source;
3) Track-out must be removed from roadways;
4) Visible dust exceeding 100 feet in length from earth-moving activities is
prohibited;
5) Bulk material handling facilities with a monthly import or export of 2,150 cubic
yards or more of bulk material must take measures to reduce or prevent track-out
onto a paved public road, and;
6) Outbound trucks with bulk materials or soil must either be tarpped, have a 6 inch
freeboard below the rim of the truck bed or be wetted or treated to minimize the
loss of material to wind or spillage.
A more detailed summary of Rule 55 is attached. Copies of Rule 55 may be obtained at
www.vcapcd.orq under Rule Development (Current Rules and Regulations).
For additional information on Rule 55, contact air pollution engineer Stan Cowen at
805/645-1408.
423
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ATTACHMENT 2
RESOLUTION NO. 2016-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2015/2016 BUDGET BY TRANSFERRING $42,703.87 FROM
ARROYO VISTA COMMUNITY PARK (CIP 7803) TO AVCP
RETAINING WALL PROJECT (CIP 7856)AND APPROPRIATING
$135,800.00 FROM THE GENERAL FUND (1000) FOR
RECONSTRUCTION OF THE RETAINING WALL
WHEREAS on December 18, 2013, the City Council adopted Resolution No.
2013-3256, which allocated $15,800 from the General Fund to obtain a geotechnical
evaluation of a retaining wall at Arroyo Vista Community Park (AVCP); and
WHEREAS, on September 17, 2014, the City Council adopted Resolution No.
2014-3321, which allocated $26,610 from the General Fund for additional geotechnical
and civil engineering services to prepare plans and specifications for the CIP 7803; and
WHEREAS, on June 17, 2015, the City of Moorpark adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2015/16; and
WHEREAS, on December 16, 2015, the City Council adopted Resolution No.
2015-3467, which allocated $33,396.00 from the General Fund for construction
management services for the project; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of the project and award of the bid to J&T Engineering and Construction; and
WHEREAS, an aggregate budget amendment of $135,800.00 is requested to
fund the construction of the retaining wall from the General Fund (1000). An aggregate
budget transfer of $42,703.87 is requested from Arroyo Vista Community Park Project
7803 to AVCP Retaining Wall Project 7856; and
WHEREAS, Exhibit "A", attached hereto and made a part-hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount $135,800,00 from the General
Fund (1000) , as more particularly described in Exhibit "A", attached hereto, is hereby
approved.
427
Resolution No. 2016-
Page 2
SECTION 2. An aggregate budget transfer of $42,703.87 from Arroyo Vista Park
Project 7803 to AVCP Retaining Wall Project 7856, as more particularly described in
Exhibit "a", attached hereto, is hereby approved.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 2nd day of March, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A — Budget Amendment
428
Resolution No. 2016-
Page 3
EXHIBIT A
BUDGET AMENDMENT FOR
GENERAL FUND (1000)
FOR CONSTRUCTION OF AVRC RETAINING WALL PROJECT
TRANSFER OF PROJECT FUNDS FROM 7803 TO 7856
FY 2015116
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
GENERAL FUND 1000-5500 $ 135,800.00
Total $ 135,800.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000.7800.7803.9601 $ 9,307.87 $ (9,307.87) $ -
1000.7800.7803.9650 $ 34,980.00 $ (33,396.00) $ 1,584.00
1000.7800.7856.9601 $ - $ 9,307.87 $ 9,307.87
1000.7800.7856.9613 $ - $ 135,800.00 $ 135,800.00
1000.7800.7856.9650 $ - $ 33,396.00 $ 33,396.00
Total $ 44,287.87 $ 135,800.00 $ 180,087.87
Finance Approval:
429